CHAPTER 5 (H. B. No. 7.) AN ACT TO CREATE AND ORGANIZE THE COUNTY OF FRANKLIN IN Be It Enacted by the Legislature of the State of Idaho: SECTION 1. That there is hereby created and formed out of the territory at present included in the County of Oneida, of the State of Idaho, a new county, to be named and called Franklin county, which new county shall be organized and governed as provided by this Act and the general laws of the State of Idaho relative to the organization and government of counties. SEC. 2. That all that portion of the State of Idaho included within the following boundaries, to-wit: The point on the boundary line between the States of Utah and Idaho, where the same is intersected by the section line between Sections Twenty-six (26) and twentyseven (27), of Township Sixteen (16) South, Range Thirtyseven (37) East, B. M., is the point of commencement. Thence in a northerly direction along the section line as now surveyed to the southeast corner of Section Twentyseven (27) in Township Fourteen (14) South, Range Thirty-seven (37) East, B. M. Thence easterly along section line as now surveyed to the a southeast corner of Section Twenty-six (26), Township Fourteen (14) South, range Thirty-seven (37) East, B. M. Thence continuing easterly along same line to a point (which when surveyed) will be the southeast corner of Section Twenty-five (25), Township Fourteen (14) South, Range Thirty-seven (37) East, B. M. Thence Northerly along the western boundary of township Fourteen (14) South, Range Thirty-eight (38) east, B. M., as now surveyed to its intersection with the boundary line between the Counties of Bannock and Oneida, now existing. Thence easterly along the county line now existing between Bannock and Oneida counties to its intersection with the western boundary of Bear Lake County. Thence in a southerly direction along the western boundary of Bear Lake County to its intersection with the Boundaries between the States of Idaho and Utah. Thence westerly along the said boundary line to the point of commencement. Be, and the same is hereby created and organized into the county named and to be known as the County of Franklin. SEC. 3. All that portion of Oneida County within the State of Idaho not embraced within the boundaries of the County of Franklin (as defined in Section 2 hereof) shall remain and constitute the County of Oneida. SEC. 4. The Governor of the State of Idaho is hereby authorized and directed forthwith, when this Act becomes effective, to appoint for the County of Franklin, the following officers, to-wit: Three (3) County Commissioners; one (1) Sheriff; one (1) Clerk of the District court, who shall be ex-officio Auditor and Recorder and Clerk of the Board of County Commissioners; one (1) County Treasurer, who shall be ex-officio Public Administrator; one (1) County Assessor, who shall be ex-officio Tax Collector; one (1) Coroner; one (1) Surveyor; one (1) Probate Judge; one (1) Superintendent of Public Instruction, and one (1) Prosecuting Attorney, of whom the Recorder shall first qualify and the other officers so appointed shall immediately thereafter qualify in the manner now provided for by law, and enter upon the discharge of their respective duties. The officers so appointed shall hold their offices and discharge the duties thereof until their successors are elected and have qualified as is, or may hereafter be, provided by law. The territory of said Franklin county for judicial purposes and the enforcement of laws against crimes, shall be deemed to belong to the territory of the County of Oneida until the officers of Franklin county have been appointed and qualified, as herein provided. SEC. 5. The temporary county seat of said County of Franklin shall be located at the Village of Preston and at the general election to be held in 1914, a vote shall be had as to the location of the permanent county seat of said Franklin county, and for the purpose of fixing the annual salaries of the County Commissioners, said County of Franklin is designated as a county of the third class. The County Commissioners of said Franklin county shall provide suitable offices and places at said Village of Preston for the accommodation and safe keeping of the papers, files, records and other personal property belonging to said county or connected with any of the officers therein and for the proper use of the county officers of said county and for the holding of the District Court therein. SEC. 6. The County Commissioners of said Franklin county shall, within five (5) days after their qualification, meet at the Village of Preston and organize for the transaction of county business and shall at said meeting establish precincts for said county and appoint officers therefor, who shall hold their respective offices from the time of their qualification until their successors are elected and qualified. Provided, however, That where at the general election of 1912, officers were elected in precincts as heretofore established in said territory while the same was a part of Oneida County, such officers shall continue in office for such part or all of their respective precincts as the said board of County Commissioners may prescribe, during the full term for which they were elected. SEC. 7. Within ten (10) days after the qualification of the County Commissioners of Franklin county, the Board of County Commissioners of said county and the County of Oneida, respectively, shall meet and each board shall appoint a competent accountant. Said accountants shall constitute an auditing board and board of appraisers, and shall within five (5) days after their appointment meet at the Village of Malad, and after taking the usual oath of office, shall then and there proceed to ascertain from the county records the whole amount of indebtedness, (if any), of said Oneida county, as the said county existed prior to the subdivision thereof as herein made; and shall make statement and determine the valuation of all the public property belonging to Oneida county and report thereon; and shall compute from the assessment roll of said county for the year 1912, the total taxable property of each of said counties; and shall determine the amount of money in the possession or under the control of the County Treasurer of Oneida county, including school moneys and school funds and money belonging to municipal corporations located within the territory of said new county; and shall make full statement and report of all of said matters and of all other matters proper to be audited and reported upon in order to make a full and satisfactory adjustment and settlement between the said Counties, with their conclusion as to the amount due from the one county to the other upon the settlement of such indebtedness, (if any), and of such public property and for and on account of the money in the hands or under the control of the county Treasurer as aforesaid; and shall file a copy of all such statements and reports and conclusions with the Board of County Commissioners of each of said counties. The indebtedness of said Oneida county, (if any), and the valuation of the public property of the said county, as determined in the manner provided in this Act, and all moneys belonging to the general funds of the county, and all credits and moneys due the county from whatever sources, shall apportioned between said counties in proportion to the assessed valuation of the taxable property of said counties, be as shown by the assessment roll for the year 1912. Provided, That of the outstanding bonded indebtedness of the original county before division, Franklin county shall assume Thirty Thousand dollars of the principal thereof, and shall assume and be responsible for the payment of that portion of the total bonded indebtedness of said original county, principal and interest, as Thirty Thousand Dollars may bear to the total amount of such bonded indebtedness. Said amount for which Franklin county shall be responsible as aforesaid, shall be collected in principal and interest at such times and in such manner as may be contemplated by the various bond contracts and agreements heretofore entered into by the original county. In event of a disagreement of said accountants as to any of the matters included in their duties as above specified and defined, they shall choose a third competent person to assist them, and the decision of any two shall control. In event such third person is selected, he shall not be a resident of either the counties affected. Either of said counties may, if dissatisfied with the statements, reports or conclusions of said accountants appeal to the District court of the Fifth Judicial District. For whatever amount is found to be due from either of said counties to the other, in the manner above provided, the board of County Commissioners of the debtor county shall cause county warrants to be drawn by the County Auditor of said county for the amount so due, payable to the creditor county. Said accountants shall be allowed reasonable compensation for their services, each to be paid by the county making his appointment, and in the event of a third person being employed, he shall be paid by the respective counties in proportion to the taxable property shown to exist in said counties for the year 1912. The county court house and court house grounds situate at Malad shall be and remain the property of Oneida county. All county bridges and other fixed county property located within the boundaries of Franklin county, as herein defined shall be, and remain the property of said Franklin county, and all county bridges and other fixed county property located within the boundaries of Oneida county, as herein defined, shall be and remain the property of Oneida county. Said accountants shall, as nearly as practicable divide between the respective counties equally all chattel property of the old county which is capable of division; the title to real property and tax sale certificates for real property to which the former county of Oneida shall have acquired any right, title or interest by virtue of tax deeds, tax sales heretofore made shall vest in the county in which the property affected is situated. SEC. 8. As soon as practicable after the passage of this Act, the County Recorder of Oneida county shall transcribe or cause to be transcribed from the records of his office, in a neat and proper manner and clearly written with pen and ink or with a typewriter, with indelible ink, into permanent records all instruments, papers and other matters and things relating to or affecting property in the territory included in said County of Franklin. When any of said records are completed, said County Recorder shall certify therein as to the identity and correctness of said record and deliver the same into the possession of the County Recorder of Franklin county. Said records, when so prepared and certified, shall be official records of said Franklin county as to all property matters and things to which they refer or which they affect and shall have the same force and effect as the originals. The County Commissioners of Franklin county shall employ competent persons to prepare proper indexes for said new records, and the actual cost of such transcribing and indexing shall be audited and paid by the said County of Franklin. Any of the records, instruments, documents, maps, plats, tax sale certificates or other papers of Oneida county which relate wholly to and cover property located entirely in Franklin county shall be certified to by the officers of said Oneida county in whose proper possession |