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HomeMy WebLinkAboutORDINANCE NO. 439 LID 16-421 Ordinance Boob, Cite of Rexburg, Rexburg, Idaho ORDINANCE NO. 438 AN ORDINANCE CREATING LOCAL IMPROV&EN T DISTRICT NO. 16 IN REXBURG, IDAHO, FOR THE PURPOSE OF CONSTRUCTISNG AND RECONSTURCTING CURBS /ND GUTTERS: THE CONSTRUCTION OF DRAINAGE WORKS INCIDENTAL TO SAID P1PROVm oNTS WITiIN SAID DISTRICT: PROVIDING FOR THE LEVY OF ASSESS* MF TS UPON THE PROPERTY TO BE BENEFITED BY SUCH IMPROVEiENTS: STATING THE BOUNDARIES OF SAID DISTRICT: PROVIDING FOR THE PREPARATION OF' AND ASSESSMENT ROLL: AUTHORIZING NOTICE FOR CONSTRUCTION BIDS: AND DECL:RING AN EMERGENCY. WHEREAS, on the 5th day of June, 1963, the City Council of the City of Rexburg, Madison County, Idaho, adopted a Resolution declaring the intention to construct and reconstruct curbs and gutters and the constriction of drainage works incidental td said improvements, and to create improvement district No. 16 for the construction and reconstruction of said curbs and gutters and drainage works incidental to said improvements, which resolution authorized the publication and mailing of notice of intention to construct such improvements and to create such Local Improvement District, and WHEREAS, such notice was duly published and mailed as provided by law; and WHEREAS, in response to such published and mailed notice there were two written protests against the construction of the proposed improvements or the creation of said improvement district filed with the City Clerk of said City or in her office, and WHEREAS, on the 19th day June, 1963, the City Council met at the hour of 3 o'clock P.M., for the purpose of hearing protest against the consturction of said improvements, an? WHEREAS, the City Council has duly considered each and every written protest so filed and no one appeared before the City Council to be heard in protest with respect to the constriction of said improvements or the creation of said district, and the City Council overruled and denied said do protest and ratified and approved the Resolution of Intention, and WHEREAS, said protest were not made by the owners of more than two- thirds of the abutting, adjoining, contiguous and adjacent lots and lands within said proposed District, and WHEREAS, the City Engineer has made estimates of the cost of all labor and material for the constuiction of the proposed improvements in said District, such estimate of total cost being the sum of ;$50,000.00; and WHEREAS, a portion of such total cost is to be assessed upon and against the property within said Dist- rict to be benefited by the constrution of said improvements; and WHEREAS, all preliminary steps and proceedings necessary for the creation of said imDrovementdi.st.rict. and the construction of the proposed improvements therein have been duly taken and adopted. THEREFORE, BE IT ORDAINED BY THE Mayor and the Council of the City of Rexburg, Idaho: Section 1, That there shall be and there hereby is created a local improvement district in the City of Rexburg, Idaho, to be !mown and designated "Local Improvement District No. 16, City of Rexburg, Idaho," which shall include all of the lots, lands and parcels of real property within the boundaries of said District. Section 2. Said District is within the City of Rexburg, Idaho, and is more particularly described as follows: LOTS AND LANDS%REXBURG - TOWNSITE BLOCK 15: Commencing at the Northeast corner of Block 15 of the Rexburg Townsite and running thence North 660 feet; thence 165 feet to the point of beginning. Block 16: Commencing at the Northwest corner of Block 16 of the Rexburg Townsite and running thence South 660 feet; thence East 165 feet; thence North 660 feet; thence West 165 feet to the point of the beginning. Block 25: Commencing at the NORTHWEST CORNER of Block 25 of the Rexburg Townsite and running thence South 660 feet; thence East 165 feet; thence North 660 feet; thence East 165 fe -t; thence North 660 feet; thence West 165 feet to the point of beginning. Block 26; Commencing at the Northeast corner of Block 26 of the Rexburg Toimsite and running thence South 660 feet; thence West 165 feet; thence North 660 feet; thence East 165 feet to the point of the beginning. Block 34; Commencing at the point 32.5 feet South of the Northwest corner of Lot 2, Block 34 of the Rexburg Townsite and running thence East 330 feet; thence South 32.5 feet; thence West 330 feet; thence North 32.5 feet to the po nt of beginning; Also, commencing at a point 16.5 feet North of the Southwest corner of said Lot 2, Block 34 of the Rexburg Townsite and running thence East 330 feet; thence North 99 feet; thence West 330 feet; thence South 99 feet to the point of beginning. Block 41; Commencing at the Northwest corner of Block 41 of the Rexburg Townsite and running thence South 660 feet; thence East 165 feet; thence North 660 feet; thence hest 165 feet to the point of begin- ning. Block 42: Commencing at the Northeast corner of Block 42 of the Rexburg Townsite and running thence South 660 feet; thence Wdst 165 feet; thence North 660 feet; thence East 165 feet to the point of begin- ning. Block 45: Commencing at the Northeast corner of Block L5 of the Rexburg Townsite and running thence South 495 feet; thence West 165 feet; thence North 495 feet; thence East 165 feet to the point of the beginning. Block 54: Commencing at the Southeast corner of Block 54 of the Rexburg Townsite and running thence North 165 feet; thence :lest 313.5 feet; thence South 165 feet; thence East 313.5 feet tot the point of beginning,. Block 56: Commencing at the Northeast corner of Block 56 of the Rexburg Townsite and running thence South 165 feet; thence '.^-lest 313.5 feet; thence North 165 feet; thence East 313.5 feet to the point of beginning. Ordinance Book, City of Rexburg, Rexburg, Idaho GARNER ASSITION: Block 1: Commencing at the Southwest corner of Block 1 of the Garner Addition and running thence North 470 feet, more or less, to the Northwest corner of said Block 1; thence East 165 feet; thence South 470 feet; thence West 165 feet to the point of beginning. KLINGLER A.DDITON: Block 1: Commencing at the Southeast corner of Block 1 of the Klingler addition and running thence North 363 feet; thence West 49.5 feet; thence South 363 feet; thence East 49.5 feet to the point of beginning/ PARKER ADDITION: Block 5: Commencing at the Northeast corner of Block 5 of the Parker Addition and running thence 8 -idth 660 feet; thence West 165 feet; thence North 660 feet; thence East 165 feet to the point of beginning. Block 9: Commencing at the Southwest corner of Block 9 of the Parker Addition and running thence North 363 feet; thence East 165 feet; thence South 363 feet; thence palest 165 feet to the point of beginning. Block 10: Cornnencina_ at the Southeast corner of Block 10 of the Parker Addition and running thence North 363 feet; thence West 11.5.5 feet; thence South 363 feet; thence East 115.5 feet to the point of beginning. Block 16: Commencing at the Northeast corner of Block 16 of the Parker Addition and running thence South 660 feet; thence West 165 feet; thence North 660 feet; thence East 165 feet to the point of beginning. Block 17: Commencing at the Northeast corner of Block 17 of the Parker Addition and running thence South 99 geet; thence ?,,Jest 165 feet; thence North 99 feet; thence East 165 feet to the point of beginning. RIGBY ADDITION: Block 16: Commencing_ at the Northwest corner of Block 16 of the Rigby Addition and running thence South 297 feet; thence East 165 feet; thence North 297 feet; thence West 165 feet to the point of beginning. ACREAGE WITHIN REXBURG T01,gJSITE BOUNDARIES: Section 20, Town site 6 Norht Range 40 East, Boise Meridian: Commencing at a point 82.5 feet East and 190 feet North of the Southwest corner of the Southeast Quarter of the Southwest Ouarter of Section 20, Town- ship 6 North, Range 40 East, Boise Meridian, and running thence North 470 feet, thence East 165 feet, thence South 470 feet; thence West 165 feet to the point of beginning. Section. - 29, Township 6 North, Range 40 East, Boise Meridian: Commencing at a point 49.5 feet East of the Northwest Corner of the Southwest Quarter of Section 29, Township 6 North, Range 40 East, Boise Mardian, and running thence South 1320 feet; thence East 165 feet; thence North 1320 feet thence West 165 feet to the point of beginning. Section 3. The improvements to be constucted within said District are to construct and reconstruct curbs and mutters and the construction of drainage woiks incidental to said improvements. ST3EETS AND AVENUES TO BE IMPROVED ' , CURBS AND GUTTERS AND DRAINAGE WORKS INCIDENTAL TO SAID IMPROVEMENTS. North First East Street: From the South property line on Third Ncrth Street to the North property line on Second North Street. North Third West Street: From the South property line on 2nd North Street to the North property line on 1st North Street. Webster Avenue: From the East property line on North 1st East. Street to the Center of Block 34, of the Rexburg Townsite. South Third West Street: From the South property line on West Main Street to the north properly lineon Est L;th South Street. ', , lest Second South Street:Frcm the West property line on South 3rd ;:rest Street to the East line of the Union Pacific Railroad right of way. North Fourth East Street:From the South property: line on East 1st North Street to the South line of Garner addition. South Second East Street:From the South property line on East 3rd South Street to the South property line of the North -west Quarter of the Southwest Quarter of Section 29, Township 6 North Range L.0 East, Boise Meridian. Section 4. In the judgement of the City Council of the said City, it is fair and equitable that :$10,000.00 of said total cost be paid by said City from its general fund for the cost and expense of street and alley intersections within the proposed District and in addition thereto, the said City shall pay the costs and expenses of improvements to be constructed on streetsand avenues adjoining lots and lands owned by the City of Rexburg. The costs and expenses of the proposed improvements to be assumed and paid by the said City are deemed to be fair and equitable in consideration of the public benefit to be derived by said City from the construction of said improvements. Such part of the cost and expenses of the proposed improvements as is not paid or assumed by the City shall be assessed against the lots and lands abutting, adjoining, contiguous or adjacent to the proposed improve- ments to the center of the block facing said improvements. Section 5. Each lot and parcel of land shall be separately assessed for its share of the costs and expenses of construction said improvements in proportion to the number of square feet of such lots and parcels of land abutting, adjoining, contiguous and adjacent thereto or included within said District to the distance back from such street, if platted in blocks to the center of the block, if platted in lots to the center of the lost, and if not platted, to the distance of 125 feet in propotion to the benefits to be derived from such improvements, sufficient to cover all of the portion of the cost and expense of the work to be so levied and assessed to the center of the street. Section 6. The committee on streets and the City Engineer are hereby directed to prepare an assessment roll according to the provisions of this Ordinance and the law under which siad Improvement District is created after contracts for the construction of said improvements have been let; said assessment roll shall contain, among other things, the number of the assessment, the name of the owner if known, or if not known esta_te - ment to that efffect, a description of each lot or tract assessed and the total amount of the assessment; wl ?ich assessment roll, upon its completion, shall be certified to the City Council by said Committee on streets and said City Engineer. Whereupon the City Council will fix a time when objections thereto by the Dr uerty owners in said nist.rict. will he heard and will r.anse such assessment. roll to he filed in the office, — h - a. Ordina ice Book, Cray of Rexburg, Rexburg, Idaho improvements, in three consecutive weekly issues of the Rexburg Standard - Journal, the official newspaper of said City, which notice shall state the time, place and hour when where the City Clerk will receive sealed proposals for the construction of such improvements, and which notice shall contain a - eneral desc- ription of the kind and amount of worl to be done, the materials to be furnished, as nearly accurate as practicable, using such general terms as to admit of the widest latitude for competition, and shall state that, the plans and specifications for said improvements are on file in the offices of the City Clerk and City En- ineer, and may be examined or obtained at hitherol'fice. The notice shall also state the amount of the estimate of the cost of said improvements, and that each bidder shall accompany his bid, ith a certified check or bid bond in the amount of 5 per cent of the bid in case the contract is aviarded to such bidder and he fails or refuses to enter into the contract and give the bond required, the proceeds of such check to be forfeited to the City as liquidated damages and placed in the Local. Improvement Fund for said District. Said notice shall reserve the right to reject any and all bids, to waive informalities or to accept the proposal of the best responsible bidder. Also said notice shall state that no bidder may withdraw his bid after the hour set for opening bids. Section 3, All ordinances or parts thereof in conflict herewith are hereby repealed. Section 9. By reason of the fact 'that the construction of said improvements is imperatively necessary it is hereby declared that an emergency exists, that this Ordinance is necessary to the immediate preservation of the public peace and safet.,y, and that it shall be in full force and effect from and after its passage, approval. and publication as provided ''b law, PASSED by the City Council of the City of Rexburg, Idaho, this 3rd day of July, 1963. APPROVED by the Mayor of the City of Rexburg, Idaho this 3rd day of July, 1963= f ATTEST: CITY CLERK ORDINANCE NO. 439 AN ORDINANCE CONFIRMING THE ASSESS:i :i1T 'LOLL FOR LOCAL IMPROVEMENT DISTRICT NO. 16 IN REXBUR G, IDAHO, FOR CONE STRUOTION AND RECONSTRUCTION OF CURBS AND GUTTERS AND THE CONSTRUCTION OF DRAINAGE WORKS INCIDENTAL TO SAID I14PROVEIMENTS WITHIN SAID DISTRICT: ORDERING ASSESSMENTS TO BE MADE IN ACCORDANCE WITH THE ASSESSMENT ROLL AND PRESCRIBING DETAILS CONCERNING SAID ASSESSMENTS. WHEREAS, the City Council of the City of Rexburg, Idaho, has created within said City Local Improvement District No. 16, for Rexburg, Idaho, for the purpose of construction and reconstruction of curbs and gutters and the construction of drainage works incidental to said improvements within said distric, and WHEREAS, The committee on streets of said Council, together with the City Engineer, made out an assess- ment roll for said district pursuant to the laws of the State of Idaho and of said City and certified said roll to said Council, and WHEREAS, said Council caused said roll to be filed in the office of the City Cleric on the 7th day of August, 1963, and gave the requisite legal notice that written objections to said roll might be filed with the City Clerk and taht said Council would hear and consider any written objections on Wednesday August 28, 1963 at 8 o'clock P.M. at the City Hall in said City, and WHEREAS, SAID Council ment at said place and date to hear and consider all objections filed, and WHEREAS, the clerk reported that two written objections were filed and one of the persons filing such written objections appeared at said Council meeting, and WHEREAS, the two objectionsto such assessment +_roll were d -uly considered by the City Council and denied. NOW, THEREFOR, BE IT ORDINED BY the Mayor and Council of the City of Rexburg, Idaho: SECTION 1. The City Council of the City of Rexburg, Idaho, hereby confirms the assessment roll certified and filed with the City Clerk for Local Improvement District No. 16 for Rexburg, Idaho, for the construc- tion and reconstruction of curbs and gutters and the constuuction of drainage works incidental to said improvements within said district, and hereby orders the levy of the assessment shown in said roll and hereby levies against each lot and parcel of land shown in said roll the amounts of assessment listed therein. SECTION 11. The City Clerk shall immediately certify and file said roll with the City Treasurer and said assessments shall be due and payable to the City Treasurer twenty days from the date of the publica- tion of this ordinance, being the date of the confirmation of said roll, and if not paid within thirty days thereafter shall become delinquent, provided that all such assessments, or any part thereof, may at the election of the owner pe paid in installments with interest as herinafter provided. Failure to pay the whole assessment within said period of thirty days shall be conslusivelY considered and held an!] election on the part of all persons interested, either under disability or otherwise, to pay in such installments herein. In case of such election to pay in installments, the unpaid assessment shall be payable to said City Treasurer in ten substantially equal annual installments of principal, the firs of which installments of principal shall be due and payable on or before the 14.th day of Octobe 1964, and the remainder of said installments shall be due and payable successively on or before the same day in each year thereafter until paid in full, with interest in all. cases on the unpaid and deferred install - --- +. ..a r,.,,m +ho i).+i, r n, +'k, Iota �q+ +.ha -amp. rate or interest as that provided for Ordinance Book, Clay ®f Rexburg, Rexburg, Idaho installments of interest being due and payable on the 14th day of October in each year thereafter. Failure to pay any installment, whether of principal or interest, when due, shall cause the whole of the unpaid principal to become due and payable immediatley, and the City shall proceed to collect all of said unpaid assessments, both principal and interst, and all penalties, in the manner provided by the Local Improvement District Code of the State of Idaho and all laws amendatory thereof and supple- mental thereto. Prior to the issuance of a deed, the owner may pay the amount of all unpaid install- ments, with all interest and all penalties accrued, and shall thereupon to restored to the right there- after to pay in installments in the same manner as if default had not been suffered. The owner of any . property not in default as to any installment or payment may, at any time, pay the whole of the unpaid principal with interest accruing thereon to the next interest paying date. SECTION 111. The City Treasurer shall publish a notice in the Rexburg Standard- Journal, a weekly news- paper which is the official newspaper of, and is published in said City, in accordance with the provi- sions of Section 50 -2929, Idaho Codse, for two consecutive issues, stating the time for payment to be- gin and the time for payment to close, the last publication of said notice to be not less than thirty days before the issue of any bonds authorized to be issued for such payments. SECTION 1V. The said notice shall be in substantially the following form: NOTICE OF ASSESSMENT TO PROPERTY OWNERS IN LOCAL IRPROVE"' 14NT DISTRICT 110. 16 FOR REXBURG, IDAHO, FOR THE CONSTRUCT> TION AND RECONSTRUCTION OF CURBS AND GUTTERS AND THE CONS` STRUCTION OF DRAINAGE WORKS INCIDEENTAL TO SAID I!tIPROV VIENTS WITHIN SAID DISTRICT. NOTICE IS HEREBY GIVELN that the assessment roll for Local Improvement District No. 16 for Rexburg, Idaho, for the construction and reconstruction of curbs and gutters and the construction of drainage works inciden- tal to said improvements within said district, w4s confirmed by the City Council of Rexburg, on August 28, 1963, and a certified copy of said roll is now on file in my office. The assessment levied against property within said district shall be due and payable to the undersigned, City Treasurer, twenty days from said date of confirmation of said assessement roll by the Council and if not paid within thirty days thereafter shall become delinquent and shal be collected in the same manner as provided for other delinquent assess- ments provided that all such assessments, or any part thereof, may at the election of the owner, be payable in ten substantially equal annual installments and said assessments remaining unpaid shall bear interest and be due and payable annually to ten successive years as provided in the ordinance confirming said assessment roll. Dated this 4th day of September, 1963. City Treasuer SECTION V. That the officers of the City be, and they hereby are, authorized and directed to take all action necessary or appropriate to effectuate the provistions of this ordinance. SECTION VL. That all ordinances or parts thereof in conflict with this ordinance are hereby repealed. After the bonds of said Local Improvement District for the City of Rexburg, Idaho, have been hereafter issued, this ordinance shall constitute a contract by the City and the holder or holders of said bonds and shall be remain irrepealable until said bonds and the interest accruing thereon shall have been fully paid, satisfied and discharged. SECTION Vll. That, by reason of the fact that certain areas within the City of Rexburg nedd said local improvements, it :is hereby declared that an emergency exists, that this ordinance is necessary to the immediate preservation of the public peace, health and safety, and that is shall be in full force and effect from and after its passage, approval and publication, as provided by law. PASSED by the City Council of the City of Rexburg, Idaho`, this 4th day of September, 1963. APPROVED by the Mayor of the City of Rexburg, Idaho, this 4th day of September, 1963. APPROVED ATTEST: CITY CLERK ORDINANCE NO. 440 AN ORDINANCE CONCERNING THE CREATION OF, I14PROVilIENTS IN, ASSESSMENTS AGAINST PROPERTY IN, AND STREET DIPROVE* MENT BONDS FOR LOCAL IMRPOVEILA T DISTRICT NO. 16 FOR CONSTRUCTION AND RECONSTRUCTION OF CURBS AND GUTTERS AND THE CONSTRUCTION OF DRAINAGE WORKS INCIDENTAL TO SAID IMPROVEENTS WITHIN SAID DISTRICT: AND PROVIDING WHEN THIS ORDINANCE SHALL BE.IIN EFFECT. WHEREAS, the City Council of the City of Rexburg, Idaho, has heretofore adopted proceedings for the construction of improvements in Local Improvement District No. 16. for the construction and recon- struction of curbs and gutters and the construction of drainage works incidental to said improve- ments within said district, Ordinance of said City No. 439, confirming the assessment roll for such improvements having been duly adopted and approved on September 4, 1963, and WHEREAS, notice of assessments to property owners in said District has been duly published in accor-