HomeMy WebLinkAbout1979.01.17 CITY COUNCIL MINUTES
MINUTES OF THE CITY COUNCIL MEETING
January 17, 1979
State of Idaho)
County of Madison(ss
City of Rexburg)
A meeting of the City Council for the City of Rexburg, Madison County, was held on
January 17, 1979, at the time of 7:30 P.M. at the City Hall. Present were the
following:
Mayor: John C. Porter
Councilmen: Barton Jensen
Jim Morris
Warren Porter
Nile Boyle
Morgan Garner
Councilwoman: Darlene Blackburn
Also Present: Mary Smith, City Attorney
Rose Bagley, City Clerk
Eric Fieldstad with ECIPDA in charge of dispersing TEDRO funds was persent at council,
also Brenda Sims from ECIPDA, who is making a study of Solid Wastes in nine counties
was present.
RE: MINUTES APPROVED
Nile Boyle moved that the minutes of January 3 be approved. Jim Morris seconded.
All Aye.
RE: SEWER & WATER HOOKUP FOR POSSIBLE SUB-DIVISION
Earl Kemp of Forsgren Perkins was present to show a map
County by Howards and Robisons for a Golf Course and a
the City would allow them to hook up to sewer and water
is planning to develope. He would pay the cost to hook
Barton Jensen made a motion that he would find out more
report at the next council meeting.
RE: INSURANCE PROPOSAL
of land being donated to the
Park. They wanted to know if
for a sub-division, that he
up, with no cost to the City.
inforamtion about this and
Ron Parish from Consolidated Agencies of Blackfoot and Gary Archibald of Archibald
Phillips Agencies of Rexburg were present. Mr. Parish presented an Insurance Proposal
(Copy Attached) Mr. Archibald didn't have a presentation. He will present a written
presentation to Mayor Porter and the Mayor will circulate it to the Council. After
the council reviews his presentation, they will contact Mr. Parish.
RE: FROZEN PIPES
Discussion of the frozen pipes in Rexburg.
RE: BUS STOP FOR GREYHOUND
Discussion on a stopping place for the Greyhound Bus. A representative from the
Greyhound Bus Company was in town trying to find a Stop for it.
RE: "FACILITY PLANNING STUDY"
Mayor Porter stated that there was a copy of "Facility Planning Study" at the City
Hall for anyone that wanted to look at it.
GARBAGE ORDINANCE 599
Mary Smith read the new Garbage Ordinance #599. Discussion on it. Barton Jensen
proposed that anything more than 6 cans would not be picked up, seven cans or more
would require a bin. Also to strike the 1 - l~ bins. Darlene Blackburn seconded.
RE: ORDINANCE NO. 599
AN ORDINANCE AMENDING SECTIONS XXIV, AND XXVI OF ORDINANCE N0. 599; AMENDMENTS OF
SECTION XXII CHANGES THE FEE SCHEDULE; SECTION XXIV MAKES VIOLATION OF THE ORDINANCE
A MISDEMEANOR AND PROVIDES FOR THE PUNISHMENT THEREFOR; SECTION XXVI PROVIDES THE
EFFECTIVE DATE OF THIS ORDINANCE.
A motion was made by Councilman Barton Jensen and seconded by Nile Boyle that the
rules requiring an ordinance of a general and permanent nature to be read on three
occasions be despensed with and that said ordinance 599 be placed before the council
for final passage.
;~-
Those Voting Aye:
Those Voting Nay.
Darlene Blackburn
Barton Jensen
Nile Boyle
Jim Morris
Morgan Garner
Warren Porter
None
Ordinance 599 was placed before the Council. The Mayor then called for the voting
for the final passage of the Ordinance, the motion was made by Morgan Garner and
seconded by Warren Porter. The roll call of the Council by the City Clerk for the
final passage of the Ordinance was as follows:
Those Voting Aye:
Those Voting Nay:
RE: MIKE'S GLASS & PAINT UNPAID BILL
Darlene Blackburn
Barton Jensen
Nile Boyle
Jim Morris
Morgan Garner
Warren Porter
None
Discussion on bill owed by Mike's Glass & Paint for garbage pick up which they refuse
to pay. City Attorney will write them a letter.
RE: ELECTRICAL WHOLESALE
Mayor Porter brought up a problem of Electrical Wholesale, that occupy the former
Old Burtenshaw Building. They have been billed for sewer for five years and have
not had access to the sewer. Now they refuse to hook up to the sewer. Mary Smith
will write them a letter telling them to come in and arrange for an off set on a
sewer hook up.
RE: CITY ATTORNEY READ ORDINANCE 598 CONFIRMING THE ASSESEMENT BOLL ON .LID 23
RE: ORDINANCE NO. 598
AN ORDINANCE CONFIRMING THE ASSESSMENT ROLL, AS CORRECTED, FOR LOCAL IMPROVEMENT `.
DISTRICT NO. 23 IN REXBURG, IDAHO, FOR THE PURPOSE OF CAUSING CERTA~!N STREETS WITHIN
THE DISTRICT AND TO CONSTRUCT AND RECONSTRUCT CURBS, GUTTERS, SANITARY SEWER MAINS
AND SERVICE LINES, WATER MAINS AND SERVICE LINES, DRAINAGE FACILITIES, A CANAL BRIDGE
AND OTHER WORK INCIDENTAL TO ALL OF THE FOREGOING IMPROVEMENTS WITHIN SAID DISTRICT;
ORDERING ASSESSMENTS TO BE MADE IN ACCORDANCE WITH THE ASSESSMENT ROLL AND PRESCRIBING
DETAILS CONCERNING SAID P,SSESSMENTS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH,
AND DECLARING AN EMERGENCY.
A motion was made by Councilman Warren Porter and seconded by Jim Morris that the
rules requiring and ordinance of a general and permanent nature to be read on three
occasion be dispensed with and that said Ordinance 598 be placed before the Council
for final passage.
Those Voting Aye: Darlene blackburn
Barton Jensen
Nile Boyle
Jim Morris
Morgan Garner
Warren Porter
Those Voting Nay: None
Ordinance 598 was placed before the council. The Mayor then called for the voting
for final passage of the Ordinance, the motion was made by Nile Boyle, and seconded
by Barton Jensen. The roll call of the Council by the City Clerk for the final
passage of the Ordinance was as follows:
Those Voting Aye: Darlene Blackburn
Barton Jensen
Nile Boyle
Jim Morris
Morgan Garner
Warren Porter
Those Voting Nay: None
II
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BOX 726
788-2266
HAILEY, IDAHO
83333
vouw ndependenl
lllfll/OMP'~HGENT
n~~n
726-3381
KETCHUM, IDAHO
83340
CITY OF REXBURG
Insurance Proposal
BOX 1028
785-0780
BLACKFOOT,IDAHO
83221
S:` .._,
PROPERTY INSURANCE - Amount of Insurance $661,100 @ 90% co-insurance
Blanket Coverage; Repl Cst., Fire, E.C., V & MM. $100 ded.
C~IERAL LIABILITY - $100,000/300,000 B.I. $100,000 P.D.
$100,000 Errors or Omissions Insurance
All Employees, volunteers and board members are additional
Insureds
Broadform Property Damage including X., C. & U.
Products and Completed Operations
Blanket Contractual
Incidental Malpractice
Fire Legal Liability
Personal Injury Coverages:
False Arrest for all officers and reserves
Civil Rights Actions or Suits
Assualt and Battery
NON-AUDIT .except Auto portion
AUTOMOBILE - $100,000/300,000 B.I. $100,000 P.p. $10/20 U.M.
All Hired and Non-owned Autos are covered
TOTAL POLICY PREMIUM - $10,422.00
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voUR~ndepenAenl
j lntn/ort¢ ~we~e~ws-
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sox 7x6 sox X026
788-2266 ' 726-3381 785-0780
HAILEY, IDAHO- KETCHUM, IDAHO BLACKFOOT. IDAHO
83938 83340 83221
January 2, 1979
City of Rexburg
:Kayos and City Council
Rexburg, Idaho. 83440
Dean Sirs;
Please accept my apologies for not being able to attend, your meeting
tani:ght. I have had a prior cca~mit~ent to the City of Soda Springs since
early December. I would like to reschedule time at your next meting,
January 17, to discuss,-in detail, the following outlined program of in-
surance which wo have prepared for you. .
PROPERTY INSURANCE - $ 661,1x0 (Incl Fire Station)
Fire; E.C.E.; V & NIlK; Replacement Cast; 90 g rains.
. COMPREHENSIVE C~NERA'L> LT;ABILTTY AND AUI"Q~'~E3ILE INSURANCE
100,000,/300,000 B.3. 100,000 P.D.
100,000 Errors or Omissions Insurance
All emplpyees and board numbers are additional i-nsured;~
Broadform.Property Damage incl X., C., and U.
Products Liability
Blanket Cantra~•tual
Incide~t~l Ma:1_pr~ictice
hire Legal Liability
Fers~lal Injury Coverages:
Fa:.--se Arrest - all officers and .~~~serves
Civil Rights R.ctions ~r Suits
Assualt and Battery
NON-.AUDIT except: Aut:armb:.l e Portion
Iirec~ and rfon owned ~ttt.os coverages
Thank you. for your consideration. of this lE~tter a: ui again, please far-
give"me for not kaeixig .able to meet with you. I will be happy to answer any
questions that you may have on the 17th.
Sincerehy--.~~
~~ L:--t ~..,,...,n....~
Ron Parish, Agent .
1
!1 M1111 1 1 1
h
n
A regular meeting of the City Council of the City
of Rexburg, Idaho, held January 17, 1979, at 7:30 o'clock
P.M. at the City Hall was called to order by Mayor John C.
Porter. There were present the following Council Members:
Nile Boyle, Jim Morris, Morgan Garner, Warren Porter, Darlene
Blackburn and Barton Jensen. Also present, City Clerk Rose
Bagley.
Banton Jensen was recognized by the Mayor and pre-
sented to the Council the following Resolution:
RESOLUTION
WHEREAS, the City of Rexburg is desirous of leasing
from the Rexburg Motor Company, as lessor, and the Idaho First
National Bank of Rexburg, Idaho, as the Financing Entity, the
following described equipment:
1979 Ford Garbage Truck Model N800,
Serial #N80B VDG 8189 with Heil Mark IV
refuse body 20 cubic yard 24 cubic yard
hopper.
AND WHEREAS, the original cost of said equipment is
~ ,.~~ ~ 3~t . acs
Q-l~ ~'~~o_, and
WHEREAS, the proposed term of lease is for the period
of .three years commencing January 30, 1979, and ending January
30, 1981, the payment schedule being as follows:
January 30, 1979, $9,077.00;
January 30, 1980, $9,077.00; and
January 30, 1981, $9,077.00.
AND WHEREAS, said Lease Agreement will contain the
usual and customary terms and shall provide, among other things,
that if the lessee shall comply with all of the provisions of the
lease that title to the equipment therein described will vest
in and become the property of the lessee and the lessor will
transfer title to the lessee by good and sufficient Bill of
Sale, and
WHEREAS, a copy of said Lease Agreement is attached
to this Resolution and made a part of the minutes of this meeting.
NOW, THEREFORE, BE IT RESOLVED that the City of
Rexburg enter into said Lease Agreement dated January 30, 1979,
by and between the Rexburg Motor Company as lessor and the City
of Rexburg as lessee, and the Tdaho First National Bank,
Rexburg, Idaho., as the financing entity, wherein and whereby
the City of Rexburg is leasing the equipment heretofore des-
cribed on the teams and conditions heretofore set forth; that
a copy of said Lease Agreement is attached to this Resolution
and by reference thereto made a part hereof.
BE IT FURTHER RESOLVED that the Mayor be, and he is
hereby authorized and directed to sign said Lease Agreement,
and the City Clerk is authorized and directed -to attest the
same.
It was moved by Nile Boyle and seconded by Warren
1
Porter that such Resolution be adopted and that the Resolution
be spread upon the minutes. Upon the call for question, the
vote taken was: For - 6; Against - 0. Whereupon the Mayor
declared the Resolution duly adopted.
.'~
ly~a;~or Jo n C . Porter.
~' ~'r
ATTEST: __~ ,_,~.-,
City Clerk, Rose le~v
CERTIFICATE
THI5 IS TO CERTIFY that the foregoing is a true and
correct copy of that portion of the minutes of a regular
meeting of the Rexburg City Council held January 17, 1979,
pertaining to said equipment Lease Agreement.
Dated:
f, /,~:
Rose Bagley, C
LEASE
THIS LEASE, made this 30th day of January ~ lg 79 ~ by and
between- Rexburg Motor Co. hereinafter called "Lessor," and
City of Rexburg ,hereinafter called "Lessee,"
WITNESSETH:
For and in consideration of the mutual covenants and promises hereinafter set forth, the parties hereto agree
as follows:
1. LEASE. Lessor hereby leases to lessee, and lessee hereby leases and hires from lessor, all machinery,
equipment and other property described in (a) the schedule executed by the parties concurrently herewith or
hereafter and made a part hereof, and (b) any schedule or schedules hereafter executed by the parties hereto
and -made a part hereof. All said machinery, equipment and other property described in all said schedules is
hereinafter collectively called "equipment"; and all said schedules are hereinafter collectively called "schedule:'
2. TERM. The term of this lease respecting each item of equipment commences upon whichever of the
following dates is earlier:
(a) The date lessor confirms to the seller of said item of equipment the lessee's purchase order for said
item; or
(b) The date said item of equipment is delivered to lessee.
The term of this lease ends on the date designated in the schedule.
3. RENT. The rent for any and every item of equipment described in the schedule shall be the amount
designated in the schedule. Lessee shall pay lessor said rent in advance, in the amounts and at the times set
forth in the schedule, at the office of lessor, or to such other person and/or at such other place as lessor may
from time to time designate in writing.
4. USE. Lessee shall use the equipment in a careful and proper manner and shall comply with and conform
to all national, state, municipal, police and other laws, ordinances and regulations in anywise relating to the
possession, use or maintenance of the equipment. If at any time during the term hereof lessor supplies lessee
with labels, plates or other markings stating that the equipment is owned by lessor, lessee shall affix and keep
the same upon a prominent place on the equipment.
li. LESSEE'S INSPECTION; CONCLUSIVE PRESUMPTIONS. Lessee shall inspect the equipment within
forty-eight (48) hours after receipt thereof. Unless lessee within said period of time gives written notice to
lessor, specifying any defect in or other proper objection to the equipment, lessee agrees that it shall be
conclusively presumed, as between lessor and lessee, that lessee has fully inspected and acknowledged that the
equipment is in good condition and repair, and that lessee is satisfied with and has accepted the equipment in
such good condition and repair.
6. LESSOR'S INSPECTION. Lessor shall at any times during business hours have the right to enter into
and upon the premises where the equipment may be located for the purpose of inspecting the same or observing
its use. Lessee shall give lessor immediate notice of any attachment or other judicial process affecting any
item of equipment and shall, whenever requested by lessor, advise lessor of the exact location of the equipment.
7. ALTERATIONS. Without the prior written consent of lessor, lessee shall not make any alterations,
additions or improvements to the equipment. All additions and improvements of whatsoever kind or nature
made to the equipment shall belong to and become the property of lessor upon the expiration, or earlier:
termination, of this Iease.
8. REPAIRS. Lessee, at its own cost and expense, shall keep the equipment in good repair, condition and
working order and shall furnish any and all parts, mechanisms and devices required to keep the equipment in
good mechanical and working order.
9. LOSS AND DAMAGE. Lessee hereby assumes and shall bear the entire risk of loss and damage to the
equipment from any and every cause whatscever. No loss or damage to the equipment or any part thereof shall
impair any obligation of lessee under this lease which shall continue in full force and effect.
In the event of loss or damage of any kind whatever to any item of equipment, lessee at the option of
lessor shall:
(a) Place the same in good repair, condition and working order; or
{b) Replace the same with like equipment in good repair, condition and working order; or, if same is
determined by lessor to be lost, stolen, destroyed or damaged beyond repair, Iessee shall:
(c) Pay lessor therefore in cash the present value of the remaining payments. Upon such payment this
lease shall terminate with respect to such item of equipment so paid for and lessee thereupon shall become en-
titled to such item of equipment as-is-where-is without warranty, express or implied, with respect to any matter
whatsoever.
10. SURRENDER. Upon the termination of this ]ease, at any time prior to the completion of the entire term
hereof as described in the schedule attached hereto, lessee shall return said leased equipment to lessor in good re-
pair, condition and working order, ordinary wear and tear resulting from proper use thereof alone excepted, in the
following manner as may be specified by lessor:
(a) By delivering such item of equipment at lessee's cost and expense to such place as lessor shall specify
within the city or county in which the same was delivered to lessee or to which same was moved with the
written consent of lessor; or
(b) By loading such item of equipment at lessee's cost and expense on board such carrier as lessor shall
specify and shipping the same to the destination designated by lessor.
11. INSURANCE. Lessee shall keep the a uipment insured against all risks of loss or damage from every
cause whatsoever for not less than the full replacement value thereof as determined by lessor and shall carry
public liability and property damage insurance covering the equipment. All said insurance shad be in form and
amount snd with companies approved by lessor, and shall be in the joint names of lessor, lessor's assignee
hereunder, and lessee. Lessee shall pay the premiums therefore and deliver said policies, or duplicates thereof, to
Lessor concurrently herewith and on each policy renewal date hereafter. Each insurer shall agree, by endorsement
upon the policy or policies issued by it or by independent instrument furnished to lessor, that it will give lessor
thirty (30) days written notice before the policy in question or the coverage provided thereby shall be altered,
cancelled, or the coverage terminated or allowed to expire. The proceeds of such insurance, at the option of
lessor, shall be applied (a) toward the replacement, restoration or repair of the equipment or (b) toward payment
of the obligations of lessee hereunder. Lessee hereby appoints lessor as lessee's attorney-in-fact to make claim
for, receive payment of, and execute and endorse all documents, checks or drafts for, loss or damage under any
said insurance policy.
12. TAXES. Lessee shalt keep the equipment free and clear of all levies, liens and encumbrances. Lessee, or
lessor at lessee's expense, shall report, pay and discharge when due all license and registration fees, assessments,
sales, use, property and gross receipts taxes arising out of receipts from use or operation of the equipment, and
all other taxes, fees and governmental charges similar or dissimilar to the foregoing (excluding any net income
tax on the income of lessor, provided that lessee agrees to pay that portion of any such net income tax which is in
direct substitution for, or which relieves lessee from, a tax which lessee would otherwise be obligated to ay under
the terms of this paragraph), together with any penalties or interest thereon, imposed by any state, federal or
local government or any agency or department thereof, upon the equipment or any item or portion. thereof, or
the purchase, use, operation or leasing of the equipment or otherwise in any manner with respect thereto and
whether or not the same shall be assessed against or in the name of lessor or lessee; provided, however, that
lessee shall not ~ie required to pay or discharge any such tax or assessment so long as it shall, in good faith and
by appropriate legal proceedings, contest the validity thereof in any reasonable manner which will not affect or
endanger the title and interest of lessor to the equipment; however,'lessee shall reimburse lessor for any damages
or expenses resulting from such failure to pay or discharge.
L-39 (12-?ti)
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due utxo3xad oI paigSt[go eq l[gys aau~tsse yons oN •xapunaxay aau.~tssa .Sus ;suts~s 'astMxay}o xo aseal sty; 03
;uensxnd 'alge~tnba xo le.~a[ 'asua;ap dug ~uL3xasss uiox; paddo3s st pus santem dgaxay aassal pus `;oaxay uotstnoxd
due ;o aassal Bc{ aoueutxoltad asnaxa llgys `auo aq axayi plnoys `aassa[ pug xossa[ uaaM;aq ;uautaax~e xaq;o Bug o;
;uensxnd xo xapunaxay xossal dq 31ng~ap xo yaeaxq ou `astMxay;o xo ssaupa3gaput s;t to due xo; d~txnaas ss xay;ayM
'utaxay 3saxa;ut xay;o dux xo xapunaxay anp autoaaq o; xo anp s[g;uax ayi xo asgal sty3 su.8[ssa xossa[ 31 'aassa[
03 aac;ou ;noy;tM ';xgd ut xo a[oyM ut xay;ta '~o pasodstp astMxay;o xo `paxxa;sugx3 `pa~Se.~;xoui `pa~pald 'pau.~tsse
aq deut xapunaxay xossal ;o s3y.3tx l[y •autgs ayi u~3tsse dgtu aau.~tssg pigs ;ey~} pus `;uauzdtnba ayi ~ut~e.S;aouc
xo/pus aseal stye .8utu.8tssg sa3g[dtua;uoa xossal 3gy; poo;sxapun st ;I •.LAI~I1INOISS~ S.?iOSS~'I •OZ
•o3axay sat;xgd ayi ;o su~3tssg pug sxossaoans 'sant;g;uasaadax leuosaad `saaig~al
'sxtay ayi `uodn .~utputq st pug `;0 3t;auaq ay; o; saxnut aseal sty; `.~uto.~axo~ ay; o~ sdaMle ~aafgnS
•uosxad xayio Bue xo aassa[ Bq 3ae aril ;uanbasgns dug of ;uasuoa a you st pus
:ague;sut uant~ ay; ut B[uo satldde s;ag pa~tgtyoxd ~u[o.~axo; ay; Io due o3 ;uasuoO •saadoldtua s,aassa[ xo vassal
uey; xay;o auodue dq pasn aq o; ;oaxay; ;xzd .dux xo 3uautdmba ayi ;tutxad xo `~oaxay~ ;xgd dug xo ;uautdtnba
ayi pua[ xo ~algns (q) xo utaxayi 3saxa;uc Bus xo ';oaxayi ;xsd dug xo ;uautdmba ayi `asea[ sty3 aigoaytoddy xo
a8pald `xa;sugx; `u~tssg (s) Sou llgys aassai 'xossal ;o ;uasuoa uai3ixm xotxd ayi 3noy31~ 'yN~I4INJISSF~ •6i
•3oaxay suotstnoxd xo
'suoj3jpuoa `suua3 ayi ;o .Sus .~utaxolua xo xapunaxay satpautax xo s;y.~tx sit ;o dux .~utstaxaxa ut xossal dq paxxnaut
`sax; ,sdauxo33e ~utpnlaut `sasuadxa pug s;sox lie xossal Bgd l[gys aassa? 'S~SrI~dX~ 5~2IOSS~`I •ST
•atuti o~ autt; utox~ xo y;tnnaxay; Bl;uaxxnouoa paaxo3ua aq Bgut pus 'astMxay~o xo a;n3e;s dq
xo d;mba ut xo Mg[ ;e .hut;stxa xa3;gaxay xo Mou xo xapunaxay uant~ dpautax xo ~y~2tx xayio Bxana ;o ant;elnutna
aq [lays yoga ;nq '. pa;~ttuiad xo papcnoxd B3mba xo Mg[ Bq xo utaxay Bpautax xo ;y~tx xay;o Bue ;o entsnlaxa
st xossal o; panxasax xo uodn paxxa~uoa utaxay Bpautax xo ;y.~tx oN 'S~IQ~I4I~2I yN~2I?If1ONOO •LI
•B[a3exedas xo dl;uaxxnauoa pastaxaxa aq Bgut pus 'ant3e[nutna axe satpaucax Hans Ili
•aseal sty3 xapun pautxo;xad aq o~ aassal ;o ;xad ayi uo suot;s.3ggo llg Io aaueuwo3xad lln~ ayi xo; algetl
uteutax pus aq llsys aasssal 'a~igi deut xossal yatyM uot~ag xayio dux xo tuotssassodax pies Bue ~utpug;sy;LM;o~I
•d;tuba ut xo Mel ;e Bpauuax xay;o Bug ansxnd oy (a)
•;uatudtnba ;o seta;t llg xo dug o; se assal sty3 aaeututxa3 oy (p)
•.3ut;txM ut aassa[ sat;t}ou os d[ssaxdxa xossal ssa[un 3uautdTnba ;o suta3c lls xo .Sue o3 se assal sty3
;o uot3eutuua3 s aln;t;suoa ;ou [lgys uocssassod Io 4ut~[e; pegs dud •uotssassod ;o ~ut~[ei yons dq pauotsgaoo
sa8euisp [[g pug Bug santgM Bgalay aassa? •ms[ ;o ssaaoxd xayio xo xapxo ~xnoa dux 3noy;tM `pa3eaol aq
dear autgs xanaxayM `aot}ou xo pueucap 3noy;tM 'iuautdtnba ;o suta;t l[e xo dux Io uotssassod a~lg~ oy (o)
•3uautdmba ;o scua;t l[e xo dux oI
}oadsax y~M `8umxaos xa33eaxay; xo panxaae uay; 's;uautsSgd xay;o pug 'siuax lie xanoaax pus xo; atts oy (q)
•aassa[ o} pueucap xo aa13ou ~noy;tM `3uautdtnba 30
suca;t lie xo dux of sg algsdgd pus anp dla;etpauttut xapunaxay ;uax ;o }unoute ax13ua ayi axeloap oy (e)
• :satpauzax
ButMOllo3 ayi 3o axocu xo auo Bus astaxaxa oI ;y.3tx ayi ansy [lgys xossa[ `aassal dq pauzxo;xad xo 3da~l `panxasgo
aq o3 paxmbax aseal sty; ;o uotstnoxd•xayio Bus utxo;xad xo daa~j 'anxasgo o; slte3 ;uauidtnba 3o suta;t xo uta~t dux
03 pxe8ax y3iM aassa[ 3t xo `a[ggBgd pus anp st autes ay; xa;;g sBep (pi) ua; uty;tM paptnoxd utaxay 3unouis
xayio xo ;uax dux Bed o; s[te; ;uautdmba ;o seta;t xo uta;T dux o; pxs.Sax y3cM aassal ~I •y'It1~3~Q '9T
•~uautdmba ayi ;o urn;ax xo uot;exado 'asn `uocssassod `dxantlap
`uo13aa[as 'axntag;nueut ayi not;g;cut[l ;noy3tM ~u[pn[aut `3uautd;nba ay; utox~ ~u;~lnsax xo 'y;jnn pa}aauuoo
`;o ;no .Sutstxe 'sax; s,dauxo3;e 3utpn[aut 'saL3tltggtl pus sa.3gutgp 'sasuadxa 's;soy 's3utpaaaoxd 's;tns 'suo13as
'sutte[o llg pus Bus `utox; ssalutxsy xossal Pioy Pus `3sutg.~g xossal d;tuucaput lleys aassa? '~I.LINLQ~QrII '~i
•~~ss~z ag ~Nxoa ~g oy ~~I~
~~SS~'I Qri~+ (.iN~ 3I) ~~~IOISS~ S~2IOSS~`I N~~A~,L~g S~' `S7ISI2I HOf1S ZZ~ y~H,L Q~~'2IJd JI~II~g yI
`2I~A~OSyF~HAA 2I~y1,F~b1I 2I~H1,0 XI~I`d (P) 2IQ `,3Od2I~Hy yN~Y~i.IOfN~ S,~If1~°1 ~H.L Oy ,LHOI2I S.~~SS~'I
(o) `O.L~2I~HZ ~'I,LI,L S~~~AIOISS~' QI~S (q) ZN~YffdIll~°)~ 30 5N[~yI 2I0 IAi~yI ~AI~ .30 .I,LI'IIg~yi~I~'HO
-2I~y1I '2i0 SS~I~IyI,d ~HZ (e) Oy SF~ Q~I'IdI4II 2I0 SS~2IdX~ 2IHH,LI~ `NOISdZI~I~S~2Id~'2I 2I0 ~iyNF~2I
-2I~'M JlIOHyIM SI'Srd `yN~I~Tdif1~~ ~HZ ~5~~'I Z'It~HS ;~~SS~`I ,LdHS Q~~2IJd QI~I~' QOO,LS2i~Ql~II1 SI
yI `~~a5~'I Q1Q~' (1~I~T~ .3I) ~~NOISS~ 5~2IOSS~'I I~I~~M1,~8 SF~ 'S~IylQF~2I2irdAA 30 2I~IUIF~'IaSIQ •~i
•3uax ;0 3uaut[[eisut dux Bed o; axnltel se ';oaxay;
;xad dux xo y;uoux xad (%i) ;uaa xad auo ;s ;saxa;ut .~utpn[aut `aauanbasuoo auces ay; It y;tM dxxga [[aye autes
ayi dedax o3 axnlte; pus `;uax ;o ;uatullg;sut ;xau ayi y;t:~ xossal o; algeBedax aq llgys ;oaxayi ~soa ayi '3uana
isy; uI •aq Beta aseo ayi se `saxg; pus saBxsya 's;uautssas~ 'saa3 piss dad xo `aausxnsut yons ~aa3la o3 `pa3e.~t[go
aq ;ou lleys ;nq ';y.8tx ay; ansy [[eye xossal 'pat;taads ~: ~aqutaxay sg [[e `saxs3 pus sa~xeya `s;uauzssasse `sax;
piss Bed o} xo aausxnsut piss utg;utsut xo axnooxd o3 a:~ io axnlte; ;o asea uI 'y11~IAIAdd S,'dOSS~`I •Ei
1
. r
SCHEDULE
A. EQUIPMENT LEASED:
1979 Ford Garbage Truck Model N800 Ser 4~N80B VDG 8189
with Heil Mark IV refuse body 20 cubic yard 24 cubic yard hopper.
B. TERM: Unless sooner terminated as set forth in the lease, the term of this lease respecting each item of
equipment listed on this schedule expires on January 30 19~-1.-provided, however, that the
Lessee reserves the right, by written notification, to terminate this lease upon the expiration of each year
in which the lease is in effect.
C. RENT: As rent for said equipment, lessee shall pay lessor the sum of $ ~ rQ7 7 • CO Except as
otherwise provided in the lease or in this schedule said rent shall be payable in installments, commencing on
January 30 19 ~, as follows:
$9,077.00 due upon inception 1-30-79.
9,077.00 due 1-30-80
9,077.00 due 1-30-81
1
Unless sooner paid all rent due during an existing option period shall be payable immediately upon termination
of this lease prior to its scheduled expiration date.
D. LOCATION: The above described equipment shall be located at City of Rexburg, Madison County ID.
and shall not be removed therefrom without the prior written consent of lessor.
E. SPECIAL CONDITIONS:
APPROVED AND AGREED TO this 30th da of January 79
y , 19 , as a schedule to that
certain lease by and between the parties hereto, and made a part hereof.
REXBURG MOTOR CO.
By By
MAYOR
Title Title
Address Address
City, State City, State
LESSOR ~ LESSEE
__ _ ~
ai~t,L
~cg
aoesaZ
s~` a~y~a
•aapunaaaq
.S~ticgsit s,pau8tsaapun aq3 8ut3tuctt ao .2ut;aa;~ 3nog3im 'sapunaaaq~ ~uaucat~3as aigsuoseaa ~cua salsa[ pus 'autuc
-aa~ap .SBUt '.faq~ ao 'fit se suo13tpuoa pus suua3 gaps ;o aauauuo;sad aqy antsn~ 'nasal ptas aapun 3uauufad ao; auti3
aq3 pua~xa aa13ou ~nog3im ~fauc `su.3tssa so saossaaans sat ao 'stung aq3 3ag3 s~uasuoa ~fgaaaq pau~tsiapun aqy
•asaat pcss aapun ssaupa;gaput s,aassaZ aqy ;o ~uauufsdaa act3 ao; .S;ta
-nags se aapunaaaq~ anp s~Sauouc tts pus pagiaasap utaaag3 .f3aadoad ac13 '3uaucaaa~e nasal uttt~tm acts 03 pus ui 3saaa~ui
.f3canaas pus uatt sat; a saatnbas ~fgasaq stung aq3 'aag3sa 3nq :nasal stq} ;o sucaa3 aqg o; 3uansand pau8tsaapun aqy
.iq pauuo;sad aq o~ paambaa suo13tpuoa ao s~uauanoa 'sat}np 'suot}e~itgo .fun auznsss ~t flags sou '.f3aadoad passat
pagtaasap ucg3Tm au3 ut gsaaa~ut dtgsaaumo ~fua aatnbaa Sou flags ~tuag aq3 ~sq~ paaa~a pus poo3saapun st 3I
•~uacuaaa~a nasal ptas aapun aassaZ ;o suot3s3ttgo aq3 aanaas o3 aapunaaaq} anp aucoaaq o3 s~fauouc tta pus pagans
-ap utaaag3 .faaadoad act; '3uaucaaaSa nasal utg31m aq3 oa pus ut pauStsaapun aq; ;o ~saaa3ut pus at~t3 `3ci$ta aril ;o
tin 'stung aq3 pattea aa3;sutaaaq 'su~tssa pug saossaaans sat 'stung tsuot3aH 3sat3 ogspi arty oa aano spas pus su8tssa
'saa;sues; 'atlas dgaaaq pauetsaapun aq3 `pa8patmoustas Bgaaatt st ;oaaagm ~dtaaaa aK3 'uo13saaptsuoa atgantan ao3
sx~wxolss~ ~s~Ino~~~I-xox
G
1
at3ty
gig
noses?
si '
a~y~a
aapunaaaq
~3t[tgett s,pau~tsaapun aq3 .~ut3tuitt so ~ui3aa;;s ~nog3im 'sapunaaag3 3uauza13~as atgauossaa ~fua salsa[ pus 'autux
-aa~ap ~fsut '~fag3 ao '3c se suot~tpuoa pus suua} gaps ;o aausuuo;sad aq3 anisn~ 'nasal peas aapun 3uaux~fad ao; aucta
aq3 pua3xa aai3ou 3nogaim Sauc `su~isse ao saossaaans sat ao `stung aq; ~aq3 s3uasuoa .fgaaaq pau~tsaapun aqy
•asaat plea ;o an3atn dq • so ;oaaaq an~ain ~tq pantaap ~S3sadoad passat eq~ 03 s3q~ta eSua
pua nasal aq3 u.8tsseaa o3 saaa8s stung teuo13sH ~sat.3 ogspj aqy `pau~tsaapun ~Sq sums ptss ;0 3uaucefsd uodn
•uot3atducoa o~ aotad pa~sututaa3 uaaq you nasal aqy paq anp aucoaaq snag
ptnom gaigm sta3uaa ttg c13im sag3a2o3 'asgat plea aapun anp auioaaq o~ ao anp sts~uaa aqy 'stung aq3 0; pusucap uo
.fad o3 ,'.;oasag3 uot~atducoa aq3 0~ aotad nasal pcss sa~aucucaa} asses? att3 3gg3 3uana aqy uc so 'pai~aads utaaaq~ aau
-usut aq3 ui pue auci} aqy 3s 'nasal piss aapun anp 3uauc~fsd .Sus $uisteuc ut s31na;ap asses? aqy 3uana aqy ut 'saaa.~a
paa8tsaapun aq3 'stung tauoi~gDt 3sat3 ogspj aqy ~iq 3uautaaa~a asaat scg3 ;o assc{aand aqy ;o uot~aaaptsuoa ui
•aseat piss aapun ssaupa3gaput s,aassaZ att3 ;0 3uauufadaa at{~ ao; ~f31a
-Haas se aapunaaag3 anp s6auoui tts pus pagiaasap utaaag3 ef~aadoad aqy `~uauzaaaSs nasal utg3tm ac13 03 pus ut gsaaa3ut
.i3unaas pus watt 3sac; s saainbas ~fgaaaq stung aq3 'angles ~nq :nasal stg3 ;o suxaa~ aq3 0~ 3usnsand pau~tsaapun aqy
~iq pauuo~cad aq o; paainbaa suoi3tpuoa ao s3usuanoa 'sa13np 'suo13s~ttgo .ius autnsss ~i Ilags sou `63aadoad passat
pagtaasap utci3~ acts ut ;sasa3ui dtctsaauao 6ua sambas Sou flags stung aq3 3aq~ paaa~a pus poo~saapun s6 3I
•guauxaaaBB nasal ptas aapun eases? ;o suotga~ttgo aqy aanaas o~ aapunaaag3 anp aucoaaq o3 s~fauoui tta pua pagiaas
-ap utaaag3 .f~aadoad aq3 '3uaucaaaSs nasal uiq~tm aq3 0~ pus ui pau.~isaapun aqy ;0 3saaa3ut pus at~t3 `~u2ta aq3 ;o
Its `stung aqy pattea aa~;eutaaaq `su~isse pus saossaaans s~t'stue;:~ tsuoi~stl 3sai,3 octepI aqy o3 aano spas pus su~tssa
'saa;suaa~ `atlas Agaaaq pau~isaapun aq3 `pa8patmoustas ~Sgaaaq ~ ~ ;oaaagm 3dtaaaa aq3 'uot~saapisuoa atgsntsn ao,3
ZI~T~IAii~IJISS~' ~` ZOO~'H
MINUTES OF A REGULAR MEETING
h)~~
A regular meeting of the City Council of the City of
Rexburg, Madison County, State of Idaho, was called to order by
the Mayor, John C. Porter, at 7:30 o'clock P.M. on January 17,
1979, at the City Hall at Rexburg, Idaho, there being present
the following: Mayor JOhn C. Porter, Councilmen Nyle Boyle,
Jim Morris, Barton Jensen, Morgan Garner, Warren Porter and
Darlene Blackburn; also City Clerk Rose Bagley.
Warren Porter was recognized by the Mayor and pre-
sented to the Council the following Resolution:
RESOLUTION
BE IT RESOLVED by the City Council of the City of
Rexburg, Madison County, State of Idaho, a municipal corporation
organized and existing under and by virtue of the laws of the
State of Idaho, and a taxing district within the meaning of
Section 63-3101, Idaho Code, in regular meeting assembled:
1. That the City of Rexburg borrow money in the sum
of $75,000.00 and issue as evidence of such debt, a tax antici-
pation note, bearing interest at the rate of six (6) per cent
per annum from the date thereof until paid, which said note
shall mature February 1, 1980; that said sum be borrowed from,
and said note be issued to the First Security Bank of Idaho,.
a National Banking Corporation, Rexburg, Idaho, with its office
and place of business in Rexburg, Idaho; such money to be used
for general expenses of the City in anticipation of the taxes
levied for the current fiscal year and not yet collected by
the City, for general purposes.
2. That the tax levy for the current fiscal year
has not been completed; that the amount of taxes levied for'
general purposes exclusive of taxes levied for outstanding
bonded indebtedness and special purposes in the previous fiscal
year (1978) is .5996 mills on the dollar of assessed valuation,
which assessed valuation for the year 1978 was $18,294,465.00,
making the total amount of taxes levied for said previous fiscal
year, exclusive of those levied for outstanding bonded indebted-
ness and special purposes, the sum of $ of which
sum none has been collected; that this proposed tax anticipation
note does not exceed 75 per cent of the taxes not yet collected
by said taxing district for the current fiscal year, and the
pxoceeds therefrom have not yet been paid to the City of
Rexburg by Madison County.
3. That such tax anticipation note shall be a
negotiable instrument, and shall pledge the full faith, credit
and resources of the City for the payment of the same, and
shall be substantially in the following form:
_... J "'
UNITED STATES OF AMERICA
STATE OF IDAHO
COUNTY OF MADISON
0
$75,000.00
TAX ANTICIPATION NEGOTIABLE NOTE
Rexburg, Madison County, Idaho February
6°s
1979
For value received, the City of Rexburg, Madison
County, State of Idaho, promises to pay to the First Security
Bank of Idaho, N.A., a National Banking Corporation, with its
office and place of business at Rexburg, Idaho, or its order,
on the 1st day of February, 1980, the sum of Seventy-five
Thousand ($75,000.00) Dollars, lawful money of the United States
of America, with interest from the date of this note at the rate
of six (6) per centum per annum until paid.
This note is issued in pursuance of a Resolution duly
1
adopted by the City of Rexburg, Madison County, State of Idaho,
on the 17th day of January, 1979.
It is hereby certified and recited that each and every
act, condition and thing required to be done, to have happened,
and to be performed precedent to and in the issuance hereof has
been performed in full and strict compliance with the Constitu-
tion of the State of Idaho and the provisions of Chapter 31,
Title 63, Idaho Code, and amendments thereof; that the amount
of this note is not in excess of 75 per cent of the taxes levied
by said taxing district for the current fiscal year and not
yet collected, and that the tax levy for said current fiscal year
has not been completed and the entire proceeds therefrom have
not yet been paid to the City of Rexburg by Madison County;
that the assessed valuation and the tax levy is based on the
1978 assessed valuation and 1978 tax, levy; that the full faith,
credit and resources of the said City are hereby pledged for
the payment of this note, according to its teams; that there
remains to be collected all of the taxes levied for the current
fiscal year and there are no other tax anticipation notes out-
standing to be paid from the uncollected portion of the taxes
levied for the current fiscal year.
IN WITNESS WHEREOF, the said City of Rexburg has caused
this note to be signed by its Mayor and attested and the seal
of such City affixed by the Clerk this day of February,
1979.
C.
Jo rtes, Mayor.
~i
ATTEST:
Rose Bagley, City Clerk.
4. That such tax anticipation note be sold at private
J
sale to the First Security Bank of Idaho, N.A., Rexburg, Idaho,
aforesaid, by the Mayor of the City forthwith, and that he be
hereby authorized to make such sale and to receive the proceeds
therefrom and deposit them to the credit of said City.
5. To provide for the payment of said tax anticipation
1
note at maturity, a special fund is hereby created to be known as
TAX ANTICIPATION BOND OR NOTE REDEMPTION FUND, and it is hereby
provided that all taxes hereafter collected or received from the
general tax levy for the current fiscal year shall be placed
immediately in such fund until such time as the funds accumulated
therein shall be sufficient to pay the hereinabove mentioned
tax anticipation note, together with interest thereon at maturity,
and the funds so accumulated in the said fund are hereby appro-
priated and set apart for such purpose only and shall be used for
no other purpose; providing, however, that this shall not limit
the payment of said note to the said taxes collected, but such I~~
note shall be the direct and general obligation of the City of
Rexburg.
It was moved by Nyle Boyle, and seconded by Darlene
Blackburn that such Resolution be adopted, and the proper office
directed to proceed accordingly, and that the Resolution be
spread on the minutes. Upon call for question, the vote was
taken as: For 6, Against 0. Whereupon the Mayor declared the
Resolution duly adopted and directed that the proper papers be
executed and that the Mayor proceed to negotiate the loan, as
authorized in the Resolution and directed the Clerk to spread
the Resolution upon the minutes of the Council.
There being no further business to come before the
Council the meeting was declared adjourned until the next
regular meeting of the Council, subj
ATTEST
se tsagley , ~ty~,~~rk .
(Seal)
~.,
Johr)r'~'C
to call by the Mayor.
rLer, Mayor.
.._. .
- ,~„ ,
.n~3v.;,. .~ ix.~~A ...
;.~°
QF~ENBE Rp101tT
street c:OT1Ci1LlOns - 4ruu.t.cis,..a. rs4a..ivaa .. •• A A T
_ Cif' of Rexbur Main .Street
~
f. TI DA AT
~
`
CK.'CI111R~NCB Mornin of ' -11-79
7. HOME ADORdf
i. NOMi 1ii05!
r, Vi~'~7M (It FkA. N~~ a~O TrM o1 ~whN~)
x - 624 Rexbur
0 . B 9709
o
P .
~.
S R. Smith
11. (Nu~..e R~tlo~il~ w vka.)
victim
~ ~.~ ~
.~'~ /~~~a...~.Si~~...i~R.l.-1=Q btu g~---`-'-.'~"'~ ~ ~~! _ _ ~ ~rOr
~~ ~-.'AKA.;Mayor John C. Porter
:~
,
~ ~ ~~ ~ ,'~ ~ ' >-,;City. Councilman Morgan .Garner
On 1-11-7~9 at approximately 1606 hours, writer was contacted
i ~ ,,
- _ Rf ,..
at~ the Office by the ~~camplainant Mr. ; Syd' R. Smith. Mr. Smith ad-
~rK~g' "'v~$ed writer that he had what he believed to be a valid complaiaC
,r .
~~ ~t~' °r,. ,.
~'a,',k~~.~y ~ ~`', againeti the. City o~ RtlXburg fox 'the deplorable ~conditian a.f. the
. ~ ~.
a` ~~.streets: 'Mr. Smith advised writer that due to the heavy snow and the
~~y ;. ~,
~~~~4~, z ~~r~µ~~ .fact, that -the street$~-.f~iave not been plowed they are now in a~ uery
Yd -.
~~~74 ~~..~gerous ;Condition: Mr. ,Smith. feels ~y not plowing the streets the
{~~~ ~k,,'. t r rya,+• v ~ >;. m..\~. ~~ '~ ~. '.. .:
~~ ~x °' T} ` city has ' allowed a ~~bu~,ld up o f snow to be packed down making very
#~;!;~+ }~~yt> d,stgerous"pothales and~;~ruts. Mr. -Smith fe],t that the City of Rex-
~" a t ~ ~ _
E~ , ~~~Ar.~ burg .(Street Department) should have araintained the roads through-
k`fi~,, s
_ ;Y' ,, .~
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-~~ ~'f'~." out .the early morning hours 'to prevent the dangerous conditions that
~. ~ ~ ~ ~ n4~w~. exist on the City streets . Mr. Smith especially complained about
.,
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'Main Street and 20 both South and North going out of town.; Mr. Smith.
,~_
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..~. ~~~~~; ~. advised writer that he could not see why the State of Idaho could
~ ~ ~; t .,
' I s. RiGMRT EY ~ 1 f• ACOOM~ANI sY 1'1. C1.f. !LRlIONNtL IN ATTEI!IDANC6
n ' {,i a R AT AND TIME REMORT D AI'-ROVED 1
rd . A
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' J ~ U N .D 44ND y CNAR<3 'L D OTNBRWI>< IN•AG71Y~ •ol CL.RD INw~Tt~N CONT iIONA'1'tiRi
+ C+tili
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~~ . Case No.
-' Page :.2 Subiect Street Conditions -Criminal Action . 73-79
4 ,.
?5#+.,. ~ have their snow plows out plowing the Highway with all the many miles
i7Al, ,
~b "; ;,
' - they have and yet the. City of Rexburg would not allow their: snow _plow~
'~ ~ Fitt to plow the City Streets. Mr. Smith advised writer that. he had
,. ;
~f -• attempted to .contact Mayor Porter by phone but was unable to do so.
~r`,~1 Mr..Smith advised that he had contacted City Councilman Morgan Garner;
~~,~
YF~; ,~ ~ ~, .~SAd through'.this. conversation Mr. Smith advised he was told .that `the
City. of Rexburg has na intentions of anytime this winter to plow.any
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j. City street while a~storm is in progress. Mr. Smith. stated after
~~ ,
~'- -` 1 'rn~eking the phone call he had contacted his... attorney by phone And
~~ '`
~. ~~
~,~~~. ~ advised hie attorn®y of the. above information concerning the streets
.r .
.~ .:
~ ~.,: , ., and his conversation with Mr. Garner.
,;
Note: Mr: Smith's Attorney is.Mr.. Ron Kerl~ from Pocatello,
'~ : , .;
~~.~~~ ~~ .~~ Idaho. Mr. Saaith advised writer that``he was going to follow through
~~ ~r` e a ver serious roblem for the -citizens of
~A ~, , :_ on what he felt to b y p
3~. Rexburg. Mr. Smith stated he was-going to file criminal charges be-
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a~- ~ ~ cause the-condition of the streets might cause`to him or any other
~~ ~f
~~ citizen bodily harm, physical injury, or damages to his or their'
:. ~ :_:
.:-
"' ersonal ro ert Mr. Smith advised writer that he did not live in
p P P y•
the City limits but felt someone should cause:.. waves and he was just
:;
the man to cause the waves. He adv3.sed that their tax's had almost
;-
f., a. - doubled and" he could not see a~iy reason why the streets were allowed
,-
~`~` ~ to get in this condition when tax's were more than abundant and
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PPp 162
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C`rrauez^s (12n Cat, '..rit;~!eut Ox;erators)
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i:ncl.ade renxwal.. t~'f ~~.ri ~.rtte snow ri.~l.es. ~~
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RE: MINERAL LEASE
Council gave~the Mayor permission to sign a Mineral Lease from Amoco for the Airport.
RE: READING OF ORDINANCE 600
Mary Smith read Ordinance 600
ORDINANCE N0. 600
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RE: CHARGING FOR SNOW REMOVAL
Those Voting Aye:
Those Voting Nay:
Darlene Blackburn
Barton Jensen
Nile Boyle
Jim Morris
Morgan Garner
Warren Porter
None
Discussion on charging for snow removal. It took the crew 10~ hours to clean the snow
this last storm. There is a problem of snow being pushed into the street and being
piled up making an obstruction to traffic. Dan. Moulton presented a rate schedule for
removing snow. (Copy Attached) Barton Jensen made a motion that we use the proposed
rates. He felt that Dan should show them the rate it would cost them for the City to
remove the snow and give them 24 hours to clean it up themselves and if it was not
done by the end of that time the city would do it and charge them.
RE: BOR PAYING INTEREST ON BORROWED MONEY
Mayor Porter said that he had talked to the BOR today. He told them that we had had to
borrow mr:ney because it had taken so long for the BO8 to get us our money and he felt
that they should pay the interest on the money borrowed.
RE: TAX ANTICIPATION NOTE
Mary Smith presented a resolution to borrow money on another Tax Anticipation Note.
Jim Morris moved ia'hat we pass this. Nile Boyle seconded. All Aye. (Copy Attached)
BORROWINR MONEY FOR NEW GARBAGE TRUCK AND COMPAC~'OR
Mayor Porter told the council that he would like to go to the bank and borrow the
money to pay for the new garbage truck and compactor, and pay it back on a three
dear contract. Rexburu Motor had bid on a 1978 truck and delivered a 1979 truck.
They want the City to pay the difference, they will bring the bill in later for
the diference. The Council said that he would have to bring in the extra bill ~
council and explain.
Mary Smith read resolution for the City to buy the new Garbage truck and compactor on
a lease plan with Idaho First National Bank. (Copy Attached) Nile Boyle mooed that
it be passed. Warren Porter seconded. All Aye.
AN ORDINANCE DEEMING IT PROBABLE THAT THE HEREINAFTER DESCRIBED CITY PROPERTY HAS
BECOME VALUABLE BY REASON OF MINERAL DEPOSITS UNDERLYING SAID PROPERTY AND GRANTING
A LEASE IN AND TO SUCH MINERALS WITH THE RIGHT TO EXTRACT THE SAME AS PROVIDED BY
SECTION 50-234, IDAHO CODE; AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SAID
LEASE; THAT A COPY OF SAID LEASE IS HEREINAFTER SET FORTH; AND PROVIDING THE EFFECTIVE
DATE OF THIS ORDINANCE.
A motion was made by Councilman Barton Jensen and seconded by Jim Morris that the
rules requiring an Ordinance of a general and permanent nature to be read on three
occasions be dispensed with and that said Ordinance 600 be placed before the Council
far final passage.
Those Voting Aye:
Darlene Blackburn
Barton Jensen
Nile Boyel
Jim Morris
Morgan Garner
Warren Porter
Those Voting Nay: None
Ordinance 600 was placed before the council. The Mayor then call for the voting for
final passage of the Ordinance, the motion was made by Darlene Blackburn and seconded
by Warren Porter. The roll call of the council by the City Clerk for the final passage
of~..the Ordinance was as follows:
RE: SID SMITH - CLAIM AGAINST CITY
~~,`' Discussion on claim against the City from Sid Smith. The City is not liable.
(Copy attached)
RE: ADJOURNMENT
Nile Boyle moved that the meeting be adjourned. Warren Porter seconded. All Aye.
-.7 ~
City Clerk, Ros ag
State of Idaho)
County df Madison,)ss
City of Rexburg)
-~~ ~ .
Mayer John C. Porter
I, ROSE BAGLEY, the duly chosen, qualified and acting Clerk of the City
of Rexburg, County of Madison., State of Idaho, do hereby certify that the foregoing
pages 62 to 72, both inclusive, are true, perfect and complete copies of the record
of the proceedings of the City Council of Rexburg,. had and taken at a lawful meeting
of the said Council held at the City Hall in said City on Wednesday, the 17th day of
January, 1.979, at the hour of 7:30 o'clock P.M. as recorded in the regular official
book of records of the proceedings of said Council kept in my office, and that said
proceedings wire duly.,:.had and taken as therein shown, that the meettng therein shown
was duly held, that the persons therein named as present at said meeting were present
as shown by said minutes, and that all the members of the City Council were duly
notified of said meeting.
WITNESS my hand and the seal of the City of Rexburg, this 17th day of
January, 1979.
..~~~ ~-
City Clerk e Bagley
(Seal)
MINUTES OF THE SPECIAL MEETING
OF THE CITY COUNCIL
JANUARY 19, 1979
State of Idaho)
County of Madison(ss
City of Rexburg)
A special meeting of the City Council for the City of Rexburg, Madison County, was
held on January 19, 1979, at the time of 11:45 A.M. at the City Hall. Present were
the following:
Mayor: John C. Porter
Councilmen: Jim Morris
Nile Boyle
Morgan Garner
Warren Porter
Councilwoman: Darlene Blackburn
CSI
Also Present: Rose Bagley, City Clerk
Blair Siepert, Chief of Police
RE: INSURANCE DISCUSSION - ARCHIBALD PSI:LLIPS
~~
~~ary Archibald of Archibald Phillips was present to discuss indurance. He reported on
the Compass Insurance Company rating of which Consolidated Agencies. Mr. Archibald felt
that his company could come within $100 of the figures on each item of those presented
by Consolidated Agencies. He had no figures on False Arrest Insurance. At the short
notice he was unable to get exact figures for~the Council.
Tre Council felt that they would rather go with a local firm. Discussion on the
insurance coverage.
File Boyle moved that the City have Gary Archibald of Archibald Phillips cover everything
on the Insurance effective immediately except the False Arrest Ir.~surance which Gary
ArcYrlbal_d v.c~ul.c Y:~ave to check on coverage for this. Jim Morris seconded. ::All Aye.
ADJOURNMENT
in?ar.ren Porter mc~ed that ri.eeting be adjourned, DarlenF~ Blackk~urr :eccnded. All Aye.
..~ '-7
City Clerk, 'Rose Baggy G/~,,
Ma , John C. Porter