The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1909-11-04

Idaho:
Section 1. That Third street in
the city of Emmett, Idaho, shall be
opened Sky feet in width from the
east side line of Hayes avenue 10
the west side line of Johns avenue
across the following described land,
to wit: Commencing at the east Il
corner of section z, IN Twp. L
North, of Range West of the Boise
Meridian. thence run north l de-
gree and Is minutes west, 2S5. )
feet to an iron pin marking the in
tersection OF Johns Avenue and
Third Street, thence south So de-
grees and 45 minutes west, SO feet
to place of beginning. thence.north
l degree and 15 minutes west, 80
feet, thence south So degrees and
45 minutes west 1856 feet, thence
south 66 degrees and 20 minutes
west, S6.5 feet; thence south sc
degrees and IS minutes west, 1860
feet; thence south ! degree and 10
minutes east, 80 feet; thence north
SO degrees and 40 minutes east
900 teet, thence north 10 degree
and 70 minutes east sc. feet; thence
north SO degrees and 40 minutes
east 1856 feet; thence North | de-
gree and Is minutes west, 80 feet
to the place of beginning.
Section 2. That the damages
to the -consenting owners of
any of the land described in Sec
ton / hereof, to be taken for street
purposes, shall be assessed and
determined by FIVE disinterested
holders, who shall be elected by the
council of the city of Emmett. as in
this ordinance hereinafter provid-
ed.
Section 3. That the council of
said city of Emmett, shall. at
special meeting to be held for that
purpose, by majority vote, elect
FIVE disipterested holders, whose
duty it shall be to Immediately
assess and determine the compensa
ton or damages to be allowed to
the non consepting owners of such
land to be so opened for street pur-
poses, in said city, and make their
report in writing to the city coun-
Gil. The said appraisers shall before
such assessment is made take and
subscribe an oath to faithfully and
impartially make such assessment,
and shall each receive as full COM
Densation for their services therein.
the sum of $500 per day, TO be al
lowed by the said citv council.
Section 4. That before the said
appraisers provided for in section 3
OF this ordinance shall be elected,
the non-consenting owners of said
lands to be so taken for street pur-
poses, if known, shall be given not
less than three days notice in
writing by the clerk of the city
of Emmett, under his hand and
seal of the city. of the time and
place of the hol ling of such cleo
ton of appraisers, and that the
said non -consenting owner or
owners of auy of such land shall
have he right to appear before
said city council, at such time, and
offer any objection he or they may
have to the election of any person
as an appraiser.
Section 5. That when such ap-
praisment of damages is made,and
the report thereof filed with the
city clerk. the city council must
fix day fer hearing the same, and
it shall be the duty OF clerk OF said
city to give to the no-consenting
owner or owners of such land, or
their agent, not less than ten days
written notice under his hand and
the seal of the city, of the time and
place of the hearing OF such report.
And the said council shall at such
time, or at a time 10 which the said
hearing may be postponed, hear
evidence and proof from all parties
against the opening of such street
and shall thereafter accept or re-
ject the report of such appraisers,
and if tine same is accepted, said
city council shall within reason
able time thereafter cause war
rant to be drawn on the CITY treas
urer for the amount due each of the
respective non consentlng land
owners. assessed and determined by
said appraisers, in favor of the
Mayor of said city. The said mayor
shall draw the sum of money repre-
sented by such warrant, and shall |
tender the same to the parties en-
titled thereto by reason of such ap-
praisment, if known. and if accepted
he shall take a written receipt
therefor and deposit the same with !
the said clerk. But if rejected,
or such owner or owners are
he shall deposit the said |