The Kendrick gazette. [volume] (Kendrick, Idaho) 1892-1968, 1917-05-04

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thence running southerly along the
east line of lot 10 in said block l,
to the southeast corner of said lot
10 and thence running easterly |
parallel with the said south line of |
said lot IL to Kirby street thence
running northerly on west line of
said Kirby street to the place of
beginning, the property so bounded
being bounded by Kirby & Railroad
streets & Lots 10 & IL in said
block l. ALSO PROVIDING FOR
THE MANNER IN WHICH ANY
DAMAGES TO CITIZENS OR
PROPERTY IN SAID VILLAGE
OF KENDRICK RESULTING
FROM SUCH VACATION OF
STREET, SHALL BE ASCERTAIN
ED, AND AUTHORIZING SAID
MADISON LUMBER & MILL
COMPANY TO MAKE DRIVE
WAYS ACROSS SIDEWALKS OF
EIGHTH AND KIRBY STREETS,
FOR DRIVING OUT OF AND IN
TO THE SAID STREETS.
BE 1T ORDAINED BY THE
CHAIRMAN AND BOARD OF
TRUSTEES OF THE VILLAGE OF
KENDRICK, IDAHO:
SECTION l. WHEREAS, the
portion of street particularly de-
scribed in the title of this ordi-
nance is no longer necessary for
public use and the public interest
will be better served by the vaca-
tion thereof, and
WHEREAS, Lots 9, 10, and IL
in Block l of the Original Town of
Kendrick, according to the plat
thereof in the recorders Office of
Latah County. Idaho, are owned by
Madison Lumber & Mill Company,
NOW THEREFORE 1T is HEREBY
ORDAINED that the said portion
of street as particularly described
in the title of this ordinance, be
and it hereby is vacated for the
uses and purposes of said Madison
Lumber & Mill Company, It's sue
cessors and assigns, and said Madi-
son Lumber & Mill Company is
hereby authorized to make drive
way crossings across the sidewalks
of 9Th and Kirby streets for driv-
ing across same into and out of
said streets, such crossings to be
kept in good repair at all times by
Madison Lumber & Mill Company.
it's successors and assigns.
SECTION 2. That any damage,
which any citizen of said village or
any owner of real property therein
shall consider to have accrued be.
cause of the vacation of the street
as herein provided, shall be ascer.
tanned and determined only within
the time and the manner following
to-wit: Any property owner OF
citizen of said village claiming such
damage to have accrued shall file
claim therefor. in writing, with thu
clerk of said village within ten day.
after the publication of this ordi
nance, in accordance with the stat
utes in such case made and provid
ed. Immediately after the expira
ton of such period of ten days tn
Board of Trustees of said village
shall elect by ballot Five disinter
ested free holders who shall b.
residents and free holders in sal,
village, who shall, after ten day
notice in writing to the clerk O
said village and to each person VIII
shall have made claim for damag
as aforesaid, meet and hear tn
evidence for and against such claim
of damages; that said disintereste'
free holders shall before ISSUING
such notice file their oaths, il
| writing, with the clerk Of said will
age. that they will faithfully an
impartially make the assessment O
assessments on claims to be submit
ted to them, and they shall on an
hearing before them have powe
to swear witnesses. Said free hold
ers shall within five days after sue
hearing as aforesaid, file their re
port in writing, signed by at leas
three of said free holders, with tn
clerk of said village. The repor
of said free holders, so filed, a
aforesaid, shall be conclusive upo
all parties in interest, unless writ
ten objection thereto be filed wit
the clerk of said village With
/ three days after the filing of sal
report. If such written objectio
I be filed within three days, as afor'
said, the party or parties filing tn
same may within ten days ther'
/ after commence an action in tn
I District Court in Latah County fl
the ascertainment of such damag,
and in case of failure to comment