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1974.05.15 CITY COUNCIL MINUTES
;~~~ MINUTES FOR SPECIAL COUNCIL M~~TING May 13, 1974 Present and presiding Mayor John C. Porter. Councilman present Warren Porter, Nile Boyle, Morgan Garner, Barton Jensen, and GF:orge Catmu I I . RE: E31D OPENING FOR WATER PROJECT REXBURG-RICKS COLLEGE WATER SYSTEM Bid opening for Water Project. Engineers's Estimate Goodwins Const. Felton Const. er Distribution- $490,000.00 Ph. I 672,427.00 568,118.55 i se 330,000.00 Ph. II 495,530.00 493,416.60 i uct for Award of 1,167,957.00 1,061,535.16 Phase I -10,000.00 -80,000.00 Water Pump 120,000.00. 1,157,957.00 981,535.15 Facilities Water Distribution Phase I Phase I I Deduct for ,Award of Phase Andrew Well Drill Water Pump Fac. Well Drilling $59,084.80 Water Storage Res. Concrete Alt. Steel Alt. Engineers Estimate Water Pump Faciliteis $120,000.00 Ud I Drilling 43,000.00 l^ er Storage Reservoirs Concrete Alt. 320,000.00 Street Alt 350,000.00 #Less / ~,' ~' _% .~-- City C er 3~~'995'00 $376.000.00 ,.t~ / /f ~~~ ~.~ Mayor REGULAR MEETING OF CITY COUNCIL OF THE CITY OF REXBURG AT CITY HALL, MAY 15, 1974 A regular meeting of the City Council (herein "Council") of th e City of Rexburg (herein "City") in the County of Madison and State of Idaho was held on Wednesday, the 15th day of May, 1974, at the hour , of 7:30 o'clock p. m., at the City Hall in the City, being the regular meeting place of the Council, at which meeting there were present and answering the roll call the following, who constitute a quorum: Mayor: John C. Porter Councilmen: Nile Boyle Morgan Garner Warren Porter George C. Catmull Barton Jensen Glenn Peterson Absent: None constituting all the members thereof. There were alto present: City Clerk-Treasurer Afton Anderson City Attorney: Mary Smith Hartwell Const. 552,829.00 422,015.00 974,844.00 Zollinger Const. 580,418.00 Crom Thompson Pre. Stressing Inc E.D.M. Steel Co $118,808.00 ~~:.ti Thereupon the following proceedings, among others, were duly had and taken: RE: ORDINANCE 550 INTRODUCED WATER BONDS Councilman Warren Porter introduced and moved the adoption of an ordinance entitled: "An ordinance providing for and authorizing the issuance of negotiable, coupon, general obligation water bonds of the City of Rexburg, Idaho, in the aggregate principal amount of $500,000.00 for the purpose of defraying in part the cost of enlarging, extending, altering and improving the municipal water system; providing for the levy of an annual tax sufficient to pay the principal of and interest on said bonds; prescribing other details in connection with said fJOnds and said taxes; ratifying action taken toward accomplishing said purposes and issuing said bonds therefor; and providing the effective date hereof." The motion was made by Councilman Warren Porter and seconded by Councilman Catmull that the rules requiring ordinances of a general and permanent nature to be fully and distinctly read on three different days be dispensed with and that said ordinance be read in full and at length and placed upon its final passage. Thereupon, the Clerk was ordered to call the roll on said motion and the roll ca-I upon said motion was as follows: Those Voting Aye: Nile Boyle Morgan Garner Warren Porter George C. Catmull Barton Jensen Glenn Peterson Those Voting Nay: None The Mayor thereupon declared that the motion, having been duly passed by not less than one-half (I/2) plus one (I) of the members of the full council, had been duly carried. The ordinance was then read by the Clerk in full and at length as follows: ORDINANCE 550 AN ORDINANCE PROVIDING FOR AND AUTHORIZING THE ISSUANCE OF NEGOTIABLE, COUPON, GENERAL OBLIGATION WATER BONDS OF THE CITY OF REXBURG, IDAHO IN THE AGGREGATE PRINCIPAL AMOUNT OF $500,000.00 FOR THE PURPOSE OF DEFRAYING IN PART THE COST OF ENLARGING, EXTENDING, ALTERING AND IMPROVING THE MINICIPAL WATER SYSTEM; PROVIDING FOR THE LEVY OF AN ANNUAL TAX SUFFICIENT TO PAY THE PRINCIPAL OF AND INTEREST ON SAID BONDS; PRESCRIBING OTHER DETAILS IN CONNECTION WITH SAID BONDS AND SAID TAXES; RATIFYING ACTION TAKEN TOWARD ACCOMPLISHING SAID PURPOSES AND ISSUING SAID BONDS THEREFOR; AND PROVIDING THE EFFECTIVE DATE HEREOF This ordinance shall be published once in one issue of The Rexburg Standard, the official newspaper of the City; and this ordinance shall be in full force and effect from and after its passage, approval and i publication, the Council dispensing with the rule .providing that ordinances must be read on three different days, all as provided by law. Councilman Jensen seconded the motion for the adoption of said ordinance. The Clerk was then instructed to call the roll on the passage of the ordinance and the roll call on said passage of said ordinance resulted as follows: Those Voting Aye: Nile Boyle Morgan Garner Warren Porter George C. Catmull Barton Jensen Glenn Peterson Those Voting Nay: None Th~~s;E~ Absent: None The Mayor thereupon declared that the motion was duly carried. RE: INTRODUCTION OF ORDINANCE 551 Issuance ofi REVENl1E BONUS Thereupon, Councilman Jensen introduced and moved the adoption of an ordinance entitled: "An ordinance relating to the ,Joint water and sewer system of the City of Rexburg, Idaho; authorizing the issuance of joint water and sewer revenue bonds, series January 1, 1974, in the aggregate principal amount of $500,000.00 in anticipation of the collection of revenues of such sytem; prescribing the form of said bonds; providing for the collection and disposition of the revenues derived from said system; ratifying action heretofore taken; providing other details in connection with said bonds and said system; and providing an effective date of the ordinance." The motion was made by Councilman George Catmull and seconded by Councilran Nile Boyle that rules requiring ordinance of a general and permanent nature to be fully and distinctly read on three different days be dispensed with and that said ordinance be read in full and at length and placed upon its final passage. Thereupon, the Clerk was ordered to call the roll on said motion and the roll call upon said motion was as follows: Those Voting Aye: Nile Boyle Morgan Garner Warren Porter George C. Catmull Barton Jensen Glenn Peterson Those Voting Nay: None The Mayor thereupon declared that the motion, having been duly passed by not less than one-half (I/2) plus one (I) of the members of the full Council, had been duly carried. The ordinance was then read by the Clerk in full and at length as follows: ORDINANCE NO 551 AN ORDINANCE RELATING TO THE JOINT WATER AND SEWER SYSTEM OF THE CITY OF REXBURG, IDAHO: AUTHORIZING THE ISSUANCE OF JOINT WATER AND REVENUE BONDS, SERIES JANUARY I, 1974, IN THE AGGREGATE PRINCIPAL AMOUNT OF $500,000.00 IN ANTICIPATION OF THE COLLECTION OF REVENUES OF SUCH SYSTEM; PRESCRIBING THE FORM OF SAID BONDS; PROVIDING FOR THE COLLECTION AND DISPOSITION OF THE REVENUES DERIVED FROM SAID SYSTEM; RATIFYING ACTION HERETOFORE TAKEN; PROVIDING OTHER DETAILS iN CONNECTION with said bonds AND SAID SYSTEM; AND PROVIDING AN EFFECTIVE DATE OF THE ORDINANCE. Th i s ordinance sha I I be i n fu I I force and effect f rc~m aid after 1 is passage, approval and publication, as provided by law. This ordinance shalt be published in at least one issue of the Rexburg Standard, which is the official newspaper of the City. Councilman Jensen seconded the motion for the adoption of said ordinance. The Clerk was then instructed to call the roll on the passage of the ordinance and the roll call on said passage of said ordinance resulted as follows: Those Voting Aye: Nile Boyle Morgan Garner Warren Porter George C. Catmull Barton Jensen Glenn Peterson Those Voting Nay: None Those Absent: None The ordinance was the;reupsan, by the Mayor, d~io I art~d•:~o ~e en du Iy passed. ; ` 4 f , It was moved by Councilman Catmull and seconded by'Coun~i~lman Marren Porter that the Clerk of the City' be ordered to publish'~s~id or finance i n fu l I i mined i atel y and i n at l east one issue of t~,e Rex°,h~rg Joirna l , the official newspaper of the City. r"~, x Thereupon, the Clerk was ordered to call the roll on sal motion and the roll call upon said motion was as follows: Those Voting Aye: Nile Boyle Morgan G~rner Warren Porter George C 'Catmu I Barton Jensen Glenn Peterson Those Voting Nay: None Those Absent: None The Mayor thereupon declared that the motion was duly carried. There being no further business to come before the meeting, the meeting was, on motion duly made, seconded and carried, adjourned. 4 '~- Mayor i ',~ '"' Ci y ~ lerk~ RE: ALSO PRESENT AT MEETING Also present were City Attorney Mary Smith, and City Clerk, Afton Anderso , Ken Newman of Burrows, Smith, & Co. and Warren Widdison of the First Security Bank. Roger Porter of the Rexburg Standard and Journal was present and Mike Green of the Post Register. RE: MINUTES APPROVED Minutes for the previous council me®ting were read. Barton Jensen moved they be approved as corrected. Nile Boyle seconded. Ali Aye RE: DISCUSSION ON CODIFYING ORDINANCES Mayor John C. Porter advised the Council that a gentleman had been to see us about codifying our ordinances. Attorney Mary Smith exp{ained how this is done, and recommended that the City go ahead with it, Mayor Porter stated that there was money in the budget for this. Barton Jensen moved that correspondence be continued. Nile Boyle seconded. All Aye `RE: TWO NEW MEN HIRED FOR RECREATION AND SWIMMING POOL Councilman Warren Porter reported that he had hired two new men. Greg Shephard as Recreation Director was to start at $500 per month for the three summer months. Gary Buell will be the pool manager at a salary of $400 per month. ~ RE,: SUGGESTED THAT A P~~AP BE TAKEN OF STREETS IN NEED OF REPAIR Mayor John C. Porter suggested the Council men take a map and go around the City marking streets that need repair the worst. RE: BIOS ON BONDS i k. ,' Srattl.E~ torthwest `~Frcurtie~; to~+nor~tan To: r`az'or and ~ Council ~ex~~nzrg, Id~hn ~ ~, ` ~ ' V ~. ~t, 4' Date: Niay 15, .1974 w Pursuant to your P~otice of Sale, ~.vhich is incorporated herein by .this reference, we wi'_l. prz}~ $_ 500,249.60 _ , plus accrued interest to the date of deli=rery for '>500,000.04 Cit;~ of i~Pxbur~; C'=eneral ObliEration Wator ]3onds which bonds are in the denorrrination of $ 000.00 each and are to be dated Januar~v, ~ ,~, L~~~~ , wif:l. interest payable on J~~=, end s~3nu~ry ~ and principal and interest being p yr:.~;le at 1~'i"rst security i3ank of Id~~hoa Rexhur~ _ maturing serially on J~nuar=~ 1 of each of the following years and bearing interest as follows: `7 . (1(7 k E ~ ~ (1 5.G0 l s b.~0 ~~, .10 1~~7E~ trirourrh 1984 ir,clu.~ive 19~'~5 196 l~)?7 tt'~rou~h 1989 incl.usivP l~a~'a0 through 1994 inclusive Prior to o~.zr accepting delivery of said Securities, you agree to furnish a certified transcript of all documents and legal proceedings requisite to their issuance and d~:li.~~~ry, incl.!.:dir~g the signature and non-litigation certificate in customary rn~.Lxket form, evidencing the legality of said Securities and the security provisions relating thereto to the satisfaction of Dawson, T~fa~el, :~herman F.~ Howard, Denver, c;o7,orar'o yrrhose t~n~~~.alified a.pprc;ving legal opinion=~~ill be furnished ~t.t your exnensc~ in custom-~ ar•y market form shall accompany said Securities ai delivery, and said del.ive:ry sl-,all b::.nade to us within a reasonable period of time. To evidence our good faith, we enclose our check in the amount of $ 25,025•(>~` If this offer is accepted, said check shall be held by you uncashed until delivery of said Securities, but in the event of a breach by us in the performance of. this contract, saki creclc may be cashed and the proceeds retained by you as full liquidated damages for such breach, and the cashing of such check in such event shall constitute a full release and discharge of all damages. If said bond attorneys are unable to approve s~.id Securities, or in the event of a breach of this contract by you, said check shall be returned to us upon demand. This bid is made for immediate acceptance or re jj~c`:i.o:~ and if this offer is not accepted, said good faith check shall. be returned to us immediately. It is rnutu,~liy understood and agreed .chat your acceptance of this offer ar_d the execu- tion. thereof by your official thereunto duly authorized, shall constitute a contract. for the p~zrch~se and sale of said Securities. ~ ~ I~'or r.r~'osmr~tion only: Respectfully submitted, Fi~,ures as of: ~ Seattle PJorth~~:~est :~er,uriti~~,, F;~~r. Grass fn.±-erest Cost $ 453,640.00 3:idder 1'erAboc'y l~~:ss Prami~.rm $ 249,60 Lean '.titter ~ ! Plus Discotirtt $ -0- " 1~et .i'.ntc.re ..Cost $ 45~,390L40 A ~.; ra e h. a;. , 6,14766 % By ,~ ; VauE~~hn C. IdeL~on U1Ce' 1?rP„`.;1C3P,r?t. ': !'lrl '' :,,. .r,.f,Y, Of Fir._,t `security i~.ri~ ~~f' 7 rl~:};~, ~'~,r^ezlt ._o~er- '' °, f •ti 1 r~ ~ ~ • ". . ~ ~ ; Accapt::d for and on behalf q£ i° r F g p urs~iant to authorisation ~,y its governing b y,:`,~nd receipt of the Bove mentioned check ac~,no~vled~;ed; on this day of < 1 f I ~: , i~. ti ?~ ~' ,~ ~ r4. Official Title_!~~~~~~~~, 9 . ~ y~ { ATT~ s r: i I Official Title ~ '~ ~ ~ ~ ~~~ _' ~ x 11 , r ` ~ k~ 'y,~ j ~' > to ~ ~' {,+ +~ ~ To: <~'~ ~.. ~.; ~' ~~~ r ,; ~` :PLirsuant to your Nat will `pay $ "`. ~"'':- f ~~ I~ ~~ with interest~payab payable at * _e° ~, _.:~- foilows: --f -- , a~ pal, ~,a;~d ~~:terast being • rri~.turi~zg serially '~ -d bearing interest as ~r --- - ~ ~ _ ~ ,~ , ~ k~ . ~. ~^ ~ j" " S ~~' ..> .o'r i r r~~ ' ~,r a~~' ,,~ .h ~ 1 ~r ~. r ~_ , ~ ~ ~ n -- - - q~ ~ ~ 3r ~ L:t~,~ E , r. Prior to our accepting delivery of said Securities, yQU agxee to fuxnish a certified transcript o£ all documents and legal proceedings requisite to thej.r issuance and delivery, including the signature:and non-litigation certificate in'customary market form, evidencing the legality f said Sec 'Jiea and t~.e security`prc~yisions r lating~ thereto to the sat~.afaction of ~ m;" °'~ whose unqualified a.ppzoving lega,~" . :t ~on will b fu~hi.shed at yodr expense in custom- ary market, form shall accc-mpany said Securities at delivery, and said delivery shall be made torus within a rea~cnable pe~'C`Scl. of'tie:~ To evidence our .good faith,. we enclose qur check in the amount of $ '~.. } .,"'~ °`{ If this offer is accepted, said check shall be held by you uncashed until delivery of said Securities, but in the event of a breach by us in the performance of this contract, said check may be cashed and the proceeds retained by you as full liquidated damages for such breach, and the cashing of such check in such event shall constitute a full release and dischazge of all damages. if said bond attorneys are unable to approve said Securities, ar in the event. of a breach_of this centract by you, said check shall be returned to us upon derriand. =This bid is made for immediate acceptance ar rejection and if this offer is not accepted, said good faith check shall be returned to us immediately. It is mutually understand and agreed that your acceptance of this offer and the execu- Lion thereof by your official thereunto duly authorized, shall constitute,,, a contract far the purchase and. sale of said Securities. For information only: Respectfully submitted, Figures as of: Gross Interest Cost Less Premium Pl:zs Discount Net Interest Cost Average Rar, ~ y.;. s ~y k ~: 3y; kf, • ~p'e. h" .t._ ~ ~Y ~,' B ~' L~ ~~G~ 9 QV t°..'~'" yY i 1 1y{,• i ,F~ t a ~~~ 1 f ti c is ~P ~^ S~ } '.Yy # +~ }~~ ~ ~ `. D~#~t~ ~' ;, by,.thi,s refez•ene~~, we delic~~ry for ~ w.~~.ch bands ar tt T" w M ~ ~;. z [ ~ p~ 4 ~. f{/ (f/n{ ~ ~ (j (} i ~ y ~~~ { ii~~ ~! - ~~1~: r ~ ~ ' ~ Accepted for and on behalf of ~ ,; .,~,'~ Y "'~u~'~~t t.~;atthorization by .its ove check acknowled ed on this ;. ,4~yr. e o~wC~,onad' ~ ,t, ~_ > R _ , l q ;, d of g , , ay , .,~ ~a w; ~ ,. ~:.s . r 9~'{~# ~ .. ~ > f `.s`, 1 +~.~ ~~ yap ~ f,. ~ ~. ~., ,~ ..~ t~ ~rP,, Q.£f~ca~.l~ ~'itle ~ ~ .Q~yY!' ~~`~x1 ~~ w ,~ #. ~~ ~ M '~ ~d9^'~~Y r,tl SHF~i 9ry ay - :• wK ~w~'+ ` ~ ~ ..ATTEST: _. ~, , s '"~~~11 A r C3fficial Title f `.~'.~~. ' ~ ~' ~~ ~ -~ `~* ~ ;~ . + , •-- rw x t ~* ~"~ a. ~ .~~ ~t....1t. KF~ ~~ . ~ w .~. ~ _ * ~, .k ~,y, ~'Ars.~75~sPF.~, -~. ~ ~,~3~~•`y;{'~~ 'r,+`~+~k~. 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'~ d4 ~g ,, ~` d .' ~ ~ ,o si .ra ~.40~o ~ r~ d ~ r~ d; ~ `p ~,~ r~G i`0 ±~ ~~ y tn\ ., ,~ \ (~1 ro ~! 1~ ~. 1,~ ~, a ~1 G! H x O z ~. ~} hri~. O `~ S .Y ,~` ~ w i k ~ ('~ v t`~- ~ } ~ ~ cn a "~ a .~ ~ ~ m d`: ~~ c15' pu n; ~- `~. n a }. ,~ U1 ~++ w ~. 1 ~~ Ji1 0 C!] r ...~. 4 ~_ 1 V r it . U ~~ ! t rt ~ o r-' A ~, '~~ ~ ~ ? + ` , ~ ~ \ ~`t ~ ~ , ~ ~`, ; i'~ ~ ~ ~~ ., ,r rr Q I ffi ~~~ ~ ~ A ! r RE: SAFEWAY HAS LET BIl) OUT ON BUILDING,, CITY TQ SIGN R~ALEAS~ OF EASEM~NT,~pF ~I 41.p SEWER Mary Smith reported that Safewayhas let"bid on their building in R,~~~urg, They will need 6 months for completion. They need to move the sewer from underneath the building. Councilman Barton Jensen moved that iha City sign release to absolve easement of oid sewer. Seconded by George Catmull. All Aye RE• ASSOCIATION OF IDAHO CITIES MEETING IN IDAHO FALLS MAY 28 Mayor Porter mentioned that the Association of Idaho Cities was to have a meeting in Idaho Falls at .the City Building May 28th. Councilman Barton Jensen said he would try to attend. RE~-, CITY TO PAY $32.5.0 ON LITTLE LEAGUE TEAM Mayor Porter announced that the Police Association has sponsored the Little league team for several years. They are asking the city to share I the expense this year. Barton Jensen suggested the Council committ '" themselves to paying only this year, one half the cost which is $32.50. A11 Agreed. RE: CITY TO PURCHASE FOLDING CHA:I~RS Councilman Barton Jensen moved that the City purchase at least a dozen folding chairs. Seconded by George Catmull. All Aye RE: BILLS APPROVED Bills were presented in the amount of $19,374.78. Nile .Boyle moved they be approved for payment. Seconded by Warren Porter. All Aye, Warren Porter moved that the meeting adjourn. Seconded by George Catmull. All Aye ~• Mayor City Cle 4 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL ,dune 5, 1974. -• 7:30 P. M. Present and presiding, Mayor Jphn ~, Porter, Councilman j George Catmull, Glenn Peterson, Garton Jensen, Morgan Garner and Nile ~~ Boyle were also present-, Councilman Warren Porter was absent. I ' Also present were City Attorney Mary: Smith and City Clerk, Afton Anderson. Roger Porter was there from the Rexburg Standard and Journal. R INTERESTED 08SERVERS PRESENT Interested observers, Miss..Howard and Miss Bills, were there to see the procedure of a City Counci mset~ipg before going to Girls State. RE: MINUTES APPROVED.. ; Mayor Porter read. the minutes of the previous meeting. Barton Jensen moved they be passed as corrected. Morgan Garner seconded. A I '1 Aye RE: SAVINGS PLAN FOR RETIREMENT INTRODUCED Mayor Porter intro~.uced Don Mortimer. He represents a voluntary