The Kendrick gazette. [volume] (Kendrick, Idaho) 1892-1968, 1909-04-23

An ordinance providing for the obtain
ing by purchase or otherwise by the vii.
lage Of kendrick. OF title to certain lots in
Block Ill Of Cakes Addition to Kenirick,
-, saio lots public park for the nse of the
habitants ofthe Village Of Kendlick, and
tire general public, and providing for the
III, ing of adequate compensation to the
p, sent owners of said lots and providing
Tor the election, qualification and compen-
sation of persons to determine by assess
ment such adequate compensation.
WHEREAS, The Village of Kendrick,
Idaho, is situate in u deep and narrow
canyon, between high hills, and there is
very little level ground within the corpor-
ate limits OF within any place easily or con-
WHEREAS, It is necessary for the
health and enjoyment of the inhabitants
of the Village OF Kendrick and the proper
mental and physical development Of the
youth thereof, that a public park, wherein
said inhabitants, the general public and
the youth of the said Village may cohgre-
gate and assemble for the purpose of be-
holding, observing and participating in
games. sports, athletic contests, exhibit
billions and other outdoor recreation, and
WHEREAS, All the property within the
limits above described suitable for the pur-
pose of maintaining such public park is
owned by private persons, and
WHEREAS, In order for the Village OF
Kendrick to obtain title to land suitable
for the purpose of establishing and MAIN
tanning a public park it is necessary to
take private property for such necessary
public use, and
WHEREAS, Lots /, 2, 3, 4, 5 and 6 of
Block Numbered Ill of Cakes Addition to
Kendrlck, are more suitable for such pur-
corporate limits of the Village of Kendrick
or within any place easily or conveniently
accessible, now, therefore,
Be it ordained by tile Chairman and
Board of Trustees Of the Village Of Kend-
rick, Idaho.
: Section THAT all that part of Block
Numbered Ill ofOakes' Addition,t to Kend-
rick, Idaho, known as Lots l, 2, 8, 4, and
6, according to the recorded plat of said
Cakes Addition to Kendrick, Idaho, be
and the same is hereby dedicated and set
aside to the general puolic and declared to
be Public Park for the use and benefit of
the inhabitants of the Village of Kendrick,
and the general public, wherein the general
public, under such rules and regulations as
may from time to time be prescribed by the
Chairman and Board of Trustees of the
Village of kendrick, may resort, meet
congregate or assemble for the purpose OF
participating in, beholding and observing
games, sports, athletic contests, exhibitions
and other outdoor recreation.
Section 2-The Chairman Of the Board
of Trustees of the Village of Kendrick, is
hereby authorized to enter into all neces-
sary. and legal contracts for the acquiring
by purchase or gift, of title to the above
mentioned and described lots by the Viii
lage of Kendrick subject to the subsequent
ratii. cation of the Board of Trustees.
Section 3-If it is impossible or imprac-
ticable, by reason of excessive valuations
placed on such property by the present
owners, for the Village of Kendrick to &C
quire title to the above described property
by the means and methods prescribed OF
mentioned in Section of this Ordinance
the Chairman of the Board of Trustees of
the Village of Kendrick, is hereby directed
and empowered to call. by giving five days
notice, for all election of five disinterested
holders OF the Village of Kendrick, who
shall be residents of the village and quail
to hold office within said village. whose
duties it shall be to determine by assess
nent what amount would be adequate
compensation to the owners Of said above
described property for the taking of said
property for the above described neces-
ton herein provided for shall be given
by posting said notices of election in
three public places within the Village OF
Kendrick for at least five days.
Section AT the election to be held
under SECTION of this Ordinance all per
s sons qualified to vote at general village
who were registered as required by law fol
the last general village election shall b.
qualihed vote. and the polls shall be
open from the hour Of 8 O'Clock p m. to
the hour Of O'Clock p. m. of the day sci
for such election in the no ices to be given
as provided in Section hereof
Section Sat the election to be held
under Section 3 of this Ordinance the
judges and clerks and all election officers
who were duly appointed and acted at the
last village election shall be authorized to
act, and any vacancy in such election
board caused by death, removal from the
vlded by law for filling such vacancies at a
general village election. The members of
said board shall receive as compensation
the sum Of One Dollar each.
Section Cit shall be the duty of the five
disinterested holders elected as herein pro-
vided within five days after their notifica-
ton of their election, by the village clerk.
to meet and organize and take and sub.
scribe an oath to faithfully and impartial
ly nir Ike the assessment to be submitted to
them, in addition to the oath prescribed by
statute for Village officers, and to prescrib-
ed rules OF pros eedure for their guidance.
Section THE five disinterested holders
SO elected under Section 3of this Ordinance
shall receive as compensation for their SER
vices the sum of Two Dollars each, and
shall report their findings to the Board of
Trustees of the Village Of Kendrick, with
in fifteen days after their election, and in
their findings they shall state what would
be adequate compensation to the owners of
the property 80 taken as public use.
the Board OF trustees of the Village of
Kendrick shall order warrant drawn on
the general fund of the Village of Kend-
rick in favor of the Clerk of the Board of
Trustees and the Clerk of the Board of
Trustees Immediately upon obtaining said
warrant shall obtain the money therein
specified (Which shall tie the amount of
compensation found adequate by the board
of five disinterested holders), from the vii
lage Treasurer and shall tender said money
to the owner or owners of such property
and demand from said owner or owners a
conveyance of all their title in and to said
property.
Section elf the owner or owners of said
property shall refuse such tender as pro-
vided in Section herein, or shall fail or
refuse to make or execute such conveyance
the Chairman of the Board Of Trustees
shall instruct the Village ATTORNEY to in
stitute in the name of the Village of Kend-
rick, suit in the proper court to obtain title
to said property and the money so held by
the clerk sh Ill be paid into court as