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HomeMy WebLinkAbout1984.01.04 CITY COUNCIL MINUTES~' MINUTES OF A REGULAR MEETING A regular meeting of the City Counc~ ~~"t e City of f ( ,. Rexburg, Madison County, State of Idaho, was balled to order by the Mayor, John C. Porter, at 7:30 o'clock P.M, on January 4, 1984, at the City Hall at Rexburg, Idaho, there being present the following: Mayor John C. Porter, Councilmen Nyle Boyle, Jim Morris, Glen Pond, Morgan Garner, Sander Larson and Darlene Blackburn; also City Clerk, Rose Bagley. Nile Boyle was recognized by the Mayor and presented 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 corpor- ation 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 $225,000.00 and issue as evidence of such debt, a tax anti- cipation note, bearing interest at the rate of six and one-half (6.5) per cent per annum from the date thereof until paid, which said note shall mature July 20, 1984; 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 for general purposes and not yet collected by the City. 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 (1983) is .002429 mills on the dollar of market value, which market value for the year 1983 was $135,124,432.00, making the total amount of taxes levied for said previous fiscal year, exclusive of those levied for outstanding bonded indebtedness and special purposes, the sum of $328,317.00, 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 proceeds 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: ~~ UNITED STATES OF AMERICA 1 STATE OF IDAHO ~~ COUNTY OF MADISON ~~ , $225,000.00 6.5~ -~ C TAX ANTICIPATION NEGOTIABLE NOTE Rexburg, Madison County, Idaho January 16, 1984 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 20th day of July, 1984, the sum of Two Hundred Twenty-five Thousand & no/100 ($225,000.00) Dollars, lawful money of the United States of America, with interest from the date of this note at the rate of six and one-half (6.5) per centum per annum until paid. This note is issued in pursuance of a Resolution duly adopted by the City of Rexburg, Madison County., State of Idaho, on the 4th day of January, 1984. 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 Constitution of the State of Idaho and the provisions of Chapter 31, Title 63, Idaho Cade, 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 f_or 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 market value and the tax levy is based on the 1983 market value and 1983 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 terms; that there remains to be collect ~; ~~1~of the taxes epC~.J levied for the current fiscal year and there are no other tax 1 anticipation notes outstanding 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 16th day of January, 1984. John C. Porter, Mayor. D ATTEST; Rose Bagley, City Clerk. 4. That such tax anticipation note be sold at private 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 anticipa- tion 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 appropriated 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 note shall be the direct and general obligation of the City of Rexburg. It was moved by Nile Boyle, and seconded by Morgan Garner that such Resolution be adopted, and the proper officers 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, subject to call by the Mayor. ATTEST: Rose Bagley it lerk. (Seal) ~~ `~ ~ John Por er, Mayor. MINUTES OF THE CITY COUNCIL MEETING January 4, 1984 [i State of Idaho) County of Madison( City of Rexburg) A meeting of the City Council for the City of Rexburg, Madison County, held January 4, 1984, at the City Hall. Present were the following: Mayor: John C. Porter Councilmen: Sander Larson Glen Pond Jim Morris Morgan Garner Nile Boyle Councilwoman: Darlene Blackburn Also Present: Mary Smith, City Attorney Rose Bagley, City Clerk Richare Horner, Treasurer A motion was made by Sander Larson and seconded by Morgan Garner to approve the minutes. All Aye. Playor Porter said he felt that the past year had been a good year, one thing that had been done is the deficit had been reduced. A motion was made by Nile Boyle and seconded by Darlene Blackburn to approve the bills. All Aye. RE: LIFT STATION The mayor said there is one thing we had scheduled. W e have been planning to put in a lift station that will serve the Rexburg Heights area and also the new homes that ale being built at Cresthaven. It had been discovered that in order to run the line from the west corner to Cresthaven, we would have to get a bigger lift station than the old one we took out that we were planning to use. Because of this, we decided to run it from the corner over to 7th South, through the DeLoy Ward pro- perty.. He has agreed to give us the right-of-way through there for the sewer line. As soon as the weather breaks we will go ahead. By running it this other way there isn't near the lift, and it will be cheaper to operate. If DeLoy ever does devel- ope that property in return for the easement he doesn't have to pay a developers hook-up fee, but all of the homes would. have to pay a hook-up fee just like every- one else. He himself will not have to participate in the cost of that. RE: OATH OF OFFICE TO CARSON, POND AND BLACKBURN City Attorney, Mary Smith administered the Oath of Office to Sander Larson, Council- man, Glen Pond, Councilman, and Darlene Blackburn, Councilwoman. A motion was made by Nile Boyle and seconded by Jim Morris that the council continue with the present council assignments. All Aye. A motion was made by Darlene Blackburn and seconded by Morgan Garner that Nile Boyle remain as Council President. All Aye. RE: CONDOMINIUM PROPOSAL FOR TARGHEE CHALET Jim Meyers was at the meeting to discuss a condominium proposal, for Targhee Chalet, 460 South 2nd West. He had discussed it with Chuck Frost, chairman of the Planning & Zoning, and Chuck says that as long as this complies with all of the rules and that is interested in purchasing that building and converting it into condominiums, in $40,000 to $45,000 range. They would take out the Student Housing and sell each condominium to young couples. He said he understood that for a conversion of that type they only have to comply with the state requirements. The state requires that they •have blue prints and they had located the blue prints, but they are about 17 years old, with some pages missing, they also had a plot plan and a rough graph of the condominium covenants and agreements to be made on the plans and the plot plan to make them current enough to meet the state requirements. Mayor Porter said this 1s a commercial zone, so the zoning would be okay. He said the problem is the un- ~~ r'. finished street next to that property. Jim Meyers agreed that needed to be done, and they would need another access to that road. There people that buy the cond- ominiums would buy the apartment and they would own a legal share in the common area. A motion was made by Jim Morris and seconded by Morgan Garner to give a tenitive approval for the condominiums if it complies with State Laws and City Ordinances and the completion of the street running east and west by the unit and if it meets with the Planning and Zoning approval. All Aye. RE: IMPROVEMENT OF 2nd EAST The mayor said since the last meetngwhen we agreed to go along with the improve- ment on 2nd East, it has caused quite a bit of excitement. The mayor read a re- solution between the Department of Transportation, Division of Highways, and the City of Rexburg for the construction of an approximate 1.9 mile section of Second East Street, between the Erickson-Dugway Road (Fourteenth Street) and First South Street. A motion was made by Jim Morris and seconded by Nile Boyle to except the resolution. All Aye. Mayor Porter told the council that there would be a hearing for people to come to before a final decision would be made on the road. The people on that street should be aware that there will be a new sidewalk and curb and gutter put on that street which is badly needed now. RE: FREEZING OFbJATER MEETERS Mayor Porter told the council that we have had some problems in the city with water meters freezing up. If they call the city, the crew goes out and thaws out the meter. In a case or two the people have poured gas in the meter and then lit it and it not only thaws out the meter but it destroys it. He said he thought they should have to pay for it. Sometimes there is a frozen pipe in a building, and instead of calling a plumber, they call the city. After our crews go to the address where they are having the problem and work to correct the problem, caus- ing undue expense to the city, they find it is the property owner's problem and not the cities. If it is just a householder that calls and says their meter is frozen our crew goes out and within just a few minutes we have it unfrozen and there is no charge, but when they spend a lot of time with their equipment and then we find out it is something people have neglected and it is in their own plumbing system we have decided they have to pay for it. The council agreed , to it. RE: NEW GARBAGE TRUCK The mayor told the council that in the budget we have a new garbage truck and compactor for this year and we think we should place an order immediately to get a new one. W e also have the payment on the fire truck to make. In order to pay for these as we need them and keep a cash flow, we thought we would go with interm finance and we would sell tax anticipation notes, and that would give us enough money to make these payments while our taxes are being paid and coming in, and in the mean time continue operation. A motion was made by Nile Boyle and seconded by Darlene Blackburn to approve a resolution to issue tax anticipation notes for $225,000. (Copy on file) Those voting Aye: Sander Larson Glen Pond Jim Morris Morgan Garner Nile Boyle Darlene Blackburn Those voting Nay: None A motion was made by Nile Boyle and seconded by Morgan Garner to start neogations for a new garbage truck. RE: INSURANCE TO COVER SEWER BACKUPS Mayor Porter told the council that we have resubmitted the claim for the Rexburg Floral to the insurance company and they are investigaring it again. He had ask Lynn Archibald if there was a supplemental insurance we could get that would take care of these sewer problems, when the city does nothing to cause a back up but the city sewer backs up and causes damage our insurance won't pay it. He sugges- ted that there could be a charge of 25¢ on the monthly sewer charge that could be set aside in a fund to take care of those backups. Our Liability Insurance, if there is proof that the city had caused the stoppage they would pay for it, but on some cases they would say the city is not liable because nothing is done by any of our employees to cause the stoppage, they say it was an act of nature. ~~ L~~ 1 When we get the fund up to a certain amount we cold take the fee off. The council said they would think about it and make a decision at the next meeting. Mayor Porter ask the council to refer to the copy of the Insurance Proof of Loss in their folder. The insurance company had agreed to pay $178,082.67 now and another $28,690.26 as we need it to build, this would make a total of $206,772.93. A motion was made by Sander Larson and seconded by h1organ Garner to except this amount from the insurance cimpany. All Aye. Nile Boyle ask the council what they wanted from the committee. The council felt that there should be a Public Hearing at the next meeting and present the alterna- tives, and get some input from the public. This would not be a legal hearing just an informal hearing. It was decided to have the hearing at 8:00 pm on January 18. RE: DEPARTMENT EXPENDITURES Mayor Porter said he had noticed that various departments had started to make pur- chases for things that are in the budget for capitol expenditures. The counci l decided that any purchase over $i00 that is a capitol expenditure that the dep- artment heads get an okay from a Purchasing Committee made up of the Mayor, Richard Horner, and Rose Bagley. Sometimes it is better to wait a month before purchasing instead of buying it at that particular time. Sometimes another de- partment needs the same thing and by pruchasing the item. for both departments we can save money. The mayor said he would make a memo to the department heads tell- ing them of the new rule. A motion was made by Nile Boyle and seconded by Jim Morris to adjourn. ,.~ -' City Clerk, Rose Bagl May o n C. porter MINUTES OF THE CITY COUNCIL MEETING January 18, 1984 State of Idaho) County of Madison( City of Rexburg) A meeting of the City Council for the City of Rexburg, Madison County, held January 18, 1984, at the City Hall. Present were the following: Presiding Council President: Nile Boyle Councilman: Sander Larson Jim Morris Morgan Garner Glen Pond Councilwoman: Darlene Blackburn Also Present: Mary Smith, City Attorney Rose Bagley, City Clerk Richard Horner, Treasurer A motion was made by Morgan Garner and seconded by Darlene Blackburn to approve the minutes. All Aye. Nile Boyle excused Mayor Porter he had to go to Boise because he was testifying before the Legislature. Nile Boyle announced that the Senior Citizens bus would not pickup any Senior Citizens when the temperature is below zero except for the Senoir Citizens Luncheon or emer- gencies such as doctors appointments. It is felt to have those older people out when it is that cold is not safe.