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HomeMy WebLinkAboutORDINANCE NO. 479 LID 17Ordinance Book, City of Rexburg, Rexburg, Idaho 480 TD,P:0: C , jjo. 4 be, SECTION I: That that -c,�rtion c - ction 7, Ordinan ' n �3 th, Srim is ad 3 , 11ended t, rec as ol lo h 11 b s ) 1 d f S 0 t No "Saf ai sane June, to 61 c- I U s ive a n y ea f t 5 th the d,!Y J ul nth ,Jay June, 196 .1yor. /71 Ll r? _411� 0� d SOM jDhnSOn, 1 a 1 e l Ord i ezt true 4 a nd a full _J a 1 1 co Th�t 1 aDov F 1'0- 6 0 0�1 S C P 0 01'! T C, F �'��2 U �G T 50L�j o OF FED ED F E 'n Oul ved by the 1,1 ayn] -n - ­',�'US d' }77 01: tun" _Izil and L O RDINANCE NO. 479 AN ORDINANCE CONCERNING THE CREATION OF', IMPROVEMENTS IN, ASSESSMENTS AGAINST PROPERTY IN AND STREET IMPROVEMENT BONDS FOR LOCAL IMPROVE Foil THE CCNSTRUCTION - MENT BONDS FOR LOCAL IMPROVEMENT DISTRICT 140. 17, OF A SIDEWALK ON THE SOUTH SIDE OF WEST MAIN STREET FROM FIFTH WEST TO No. 733 AND THE CONSTRUCTIO N ANO RECCNSTRUCT18N OF CURBS AND GUTTERS AND THE CONSTRUCTION OF DRAINAGE WORKS INCIDENTAL TO SAID IMPROVE- MENrS WITHIN SAID DISTRICT; AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN EFFECT. of the City of Rexburg Idaho, has hereto- WHEREAS, the City Council improvement construction of improvements in Local fore adopted proceedings for the co 0 f a sidewalk on the South side of West Main Street District No- 17 for the construction and reconstruction of curbs and gutters from Fifth West to No. 733 and the construction within said dis- and the construction of drainage works incidental to said improvements trict, Ordinance of said City No. 468, confirming the assessm ent roll for such improve- ments having been duly adopted and approved on November 11 f assessments to property owners in said District WHEREAS, notice o No. 468 has been duly published in accordance with the requirements of said Ordinance and the laws of the State of Idaho, and WHEREAS, the share of the cost of the construction of improvements in said District assessed to the owners of private property in said District is $50,000-00 and, WHEREAS, during the 20 day period following the confirmation of said assessment roll the owners of private property paid $14,266.52 on the principal of their assessments, and WHEREAS, on March 21, 1951, the City Council of said City adopted and the Mayor of said City approved Ordinance No. 373 creating a Local improvement Guaranty Fund, to be used to guarantee bonds and warrants of Local Improvement Districts in said city, NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF REXBURG, IDAHO: I D - C1,j 7 OF 01 1 11 C ) ' 0 COU11; - 0 0 T jE 01; U. Lj _R_)Ri.:� S L 5- ED F TD1; 0 j j7 j TT 0. �Dz� -- iTED 13 qj!JCTj� TD,P:0: C , jjo. 4 be, SECTION I: That that -c,�rtion c - ction 7, Ordinan ' n �3 th, Srim is ad 3 , 11ended t, rec as ol lo h 11 b s ) 1 d f S 0 t No "Saf ai sane June, to 61 c- I U s ive a n y ea f t 5 th the d,!Y J ul nth ,Jay June, 196 .1yor. /71 Ll r? _411� 0� d SOM jDhnSOn, 1 a 1 e l Ord i ezt true 4 a nd a full _J a 1 1 co Th�t 1 aDov F 1'0- 6 0 0�1 S C P 0 01'! T C, F �'��2 U �G T 50L�j o OF FED ED F E 'n Oul ved by the 1,1 ayn] -n - ­',�'US d' }77 01: tun" _Izil and L O RDINANCE NO. 479 AN ORDINANCE CONCERNING THE CREATION OF', IMPROVEMENTS IN, ASSESSMENTS AGAINST PROPERTY IN AND STREET IMPROVEMENT BONDS FOR LOCAL IMPROVE Foil THE CCNSTRUCTION - MENT BONDS FOR LOCAL IMPROVEMENT DISTRICT 140. 17, OF A SIDEWALK ON THE SOUTH SIDE OF WEST MAIN STREET FROM FIFTH WEST TO No. 733 AND THE CONSTRUCTIO N ANO RECCNSTRUCT18N OF CURBS AND GUTTERS AND THE CONSTRUCTION OF DRAINAGE WORKS INCIDENTAL TO SAID IMPROVE- MENrS WITHIN SAID DISTRICT; AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN EFFECT. of the City of Rexburg Idaho, has hereto- WHEREAS, the City Council improvement construction of improvements in Local fore adopted proceedings for the co 0 f a sidewalk on the South side of West Main Street District No- 17 for the construction and reconstruction of curbs and gutters from Fifth West to No. 733 and the construction within said dis- and the construction of drainage works incidental to said improvements trict, Ordinance of said City No. 468, confirming the assessm ent roll for such improve- ments having been duly adopted and approved on November 11 f assessments to property owners in said District WHEREAS, notice o No. 468 has been duly published in accordance with the requirements of said Ordinance and the laws of the State of Idaho, and WHEREAS, the share of the cost of the construction of improvements in said District assessed to the owners of private property in said District is $50,000-00 and, WHEREAS, during the 20 day period following the confirmation of said assessment roll the owners of private property paid $14,266.52 on the principal of their assessments, and WHEREAS, on March 21, 1951, the City Council of said City adopted and the Mayor of said City approved Ordinance No. 373 creating a Local improvement Guaranty Fund, to be used to guarantee bonds and warrants of Local Improvement Districts in said city, NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF REXBURG, IDAHO: Ordinance Boom, City of exburo r�ex����r�, I Lt ho �. Section 1a That all of the proceedings heretofore taken and adopted for the creation of said Local Improvment District No. 17 for the construction of a sidewalk on the south side of 'nest Main Street from Fifth ;Test to No. 733 and the const® uction and reconstruction of curbs and gutters and the construction of drainage works incidental to said improvements within said District, and for the construction of improve - ments therein, and the assessment of a part of the cost of constructing such improvements on and against the private properties in said district, including the provisions of said Ordinance No. 373, which shall apply to the bonds hereafter mentioned, shall be and the same are hereby ratified, approved and confirmed. Section 2. That the unpaid assessments chargeable to the abutting, adjoining, contiguous and adjacent lots, blocks and parcels of land within said city, shall be paid for in installments, payable as nearly as may be possible in ten equal annual payments on or before the 15th day of December in each of the years from 1968 to 1977, both inclusive, and bearing interest on the unpaid principal thereof from the 15th day of December, 1967, at the net rate of interest as specified and determined by the outstanding street improvement herein authorized, one year's interest being payable annually on or before the 15th day of December in each of said years, both the principal of and the interest on said assessments being payable in lawful money of the United States of America at the office of the City Treasurer of said City, as heretofore more specif -u ically provided. Section 3. T7 t the Treasurer of the City of Rexburg be, and she is hereby authorized and empowers - nd it shall be her duty to receive and collect all assessments levied to pav the cost +:,f =aid i orovements, the installments thereof the interest thereon, and the penalties accrued, including, ,jithout limiting the generality of the foregoing, the whole :vas the unpaid principal wriich becomes due and payable immediately because of the failure to pay any installment, whether of principal or interest, when due, and to pay and disburse such payments to the person or persons law- fully entitled to receive the same, in accordance with the laws of the State of Idaho, and all the ordinances and resolutions of said City heretofore or to be hereafter adopted R11 monies constituting the payment of principal of said unpaid installments of assess= meets shall be placed in a separate fund to be designated "Bond Fund of Local Improve- ment District No. 17 for the construction of a sidewalk on the South Side of =test Main Street from Fifth 'olest to No„ 733 and the construction and reconstruction of curbs and gutters and the construction o � drainage works incidental to said improvemer .iithirz said district," and shall be used as soon as they are available therefor for he purpose of paying the principal of the street improvement bonds in regular numerical. order hereinafter authorized, and for no other purpose whatsoever, and as security for such payment said fund is hereby pledged. All nomies constituting the payment of interest fund to be on said unpaid installments of assessments shall be placed in a separate designated "Interest Fund of Local Improvement District No. 17 for the construction of a sidewalk_ on the south side of 'West slain Street from Fifth ',9est to No. 733 and the construction and reconstruction of curbs and gutters and the construction of drainage works incidental to said improvements within said district" and shall be used as soon as, they are available therefor for the purpose of paying the interest on said street improvement bonds, and for no other purpose whatsoever, and as security for such _payment said fund is hereby pledged. Should there be no sufficient money in said interest fund to pay all of the interest coupons falling due at one time, then interest coupons shall be paid in the numerical order of the bonds to which they were attached. said funds shall be kept separate and apart from each other and from any other funds of said City or otherwise, and shall from time to time, as they are accumulated, be deposited in such bank or banks as are designated as depositories of public monies for the funds of said City under the depository laws of the State of Id a! for the deposit of public funds. The Citv Treasurer be, and she is also hereby authorized and empowered, and it shall be her duty, to receive and collect all of the receipts of municipal tares and charges levied and collected for guaranteeing the payment of said bonds to place said monies in the City's "Local improvement Guarantee Fund," as heretofore provided, to disburse therefrom said monies for the payment of the interest on and the principal of the bonds hereinafter..authorized, if necessary to redeem said bonds at maturity, both: principal and interest, and otherwise to maintain and manage said fund in the manner heretofore specified. Section " -. That the City Treasurer shall give public notice or' the . - - . -A ro it,nc for delin- M Ordinance Boom, City of Rexburg, Rexburg, Idaho supplemental thereto. The failure of the City Treasurer to publish or mail any such notic or to do any other act or thing required by this section shall not affect such an assess- ment or installment, nor extend the time for payment thereof, but shall subject the Treasurer to liability to the taxpayer for any damage he may sustain by reason of such failure. Section 5. That if the owner of any lot or parcel of land assessed for said improvements shall be delinquent in the payment of any assessment installment Of principal or interest due, it shall be the duty of the City Council to cause the original purchaser of the bonds herein authorized to be issued, to be immediately notified of such delinquency, in writing, and if such delinquency shall not be paid within ten days after the date of such delinquency, then said Council, at its own expense, shall forthwith collect the assessment and foreclose the special assessment lien against the property or properties wherein the delinquency exists in the method now or hereafter provided by the Local Improvement District Code of the State of Idaho of Idaho for the collection: of said assessment and the foreclosure of said lien, or otherwise as provided by law. Section 6. That the assessments and the interest thereon have been everal and shall continue to constitute, and are hereby declared to be, a lien in the s amounts assessed agains_t;,each lot or tract of land hereinbefore specified from and after the 1st day of November 19,67, the date on which the ordinance levying such assessments become effective, which lien ,shall be superioir to the l °p. encumbrance, whether prior in,time or not, and shall,' ­ ­ , ` mortgage or other such ch lien until paid, subject to the extinguishment of any such lien::by the ,sale of any property on account of the non - payment ot. general , taxesa of said improvem Section 7, rTha t for the purpos& of defraying a portion of the cost ent, there be. issued, -in thename.of +the Cif- c ment Bonds of said Local Improvement: District No..17.for':t urg, Street Improve - on the South side of ,West Plain Street from�Fifth West to'r s and the th of a sidewalk reconstruction of curbs and gutters and the constructj.oh ors said 3 construction and improvement within, said district Series December ,l5 lQ `ainage works incidental to ro ', in= the ag greg a te amount of $ consisting of 71 bonds numbered conseq_. ive7y from to71, inclusive, which bonds shall bear date as of the 15th day of December, 1967, and shall be in denominations hereinafter set forth, provided however - No. 1 shall be of a denomination other than a multiple of $100.00, and shall'b'ear'inters , st at the rates here inafter specified, payable annually on the 15th day of December in: # year, said interest' to be evidenced by coupons attached to said bonds. If, upon presentation at maturity, Payment of any bond is not made as herein provided, interest theron shall continue at the same rate until the principal thereof is paid in full. Said bonds shall be fully negoti- able and shall have all the qualities of negotiable paper, subject to the specific provisions stated herein, and the holder or holder thereof shall possess all rights enjoyed by holders or negotiable instruments under the provisions of the Negotiable Instruments Law. Said bonds shall be numbered, shall be in the denomination of, shall bear interest and shall mature serially in regular numerical order in the amounts designated on the 15th dav_ of December in each of the years indicated as follows: BOND NUMBERS Inclusive) INTEREST RATE (Per Annum) 1 2 -8 4 -3/4 per cent 9 -15 4 -3/4 per cent 16 -22 4-3/4 per cent 23 -29 4 -3 per cent 30 -36 4 -3/4 per cent 37 -43 4-3 per cent 44 -50 4 -3/4 per cent 51 -57 4 -3/4 per cent 58 -64 4 -3/4 per cent 65 -71 4 -3/4 per cent 4 -3/4 per cent BOND DEN014INATION AMOUNT MATURING YEAR MATURING 733.48 733.49 12/15/68 500.00 3500.00 12/15/68 500.00 3500.00 12/15/69 500.00 3500.00 12/15/70 500.00 3500.00 12/15/71 500.00 3500.00 12/15/72 500.00 3500.00 12/15/73 500.00 3500.00 12/15/74 500.00 3500.00 N Ordinance Book, City of Rexburg, Rexburg, Idaho Said bonds and the coupons thereto attached shall be payable in law- ful money of the United States of America at the office of the City Treasurer of the City of Rexburg, Madison County, Idaho. Said bonds shall be signed by the Mayor, attested by the City Clerk and countersigned by the City Treasurer of the City of Rexburg, and each bond shall have affixed thereto the corporate seal of said City. The coupons shall bear the facsimile signatures of the May, City Clerk and City Treasurer, which officers by the execution of said bonds shall adopt as and for their signatures the facsimiles thereon appering on said coupons, and when said bonds are executed, said coupons shall constitute the binding obligations of said City for said interest. Said Bonds and coupons bearing the signatures of the officers in office at the time of the signing thereof shall be the valid and binding obligations of the City of Rexburg, notwithstanding that before the delivery thereof and payment therefor any or all of the persons whose signatures appear thereon shall have ceased to fill their respective offices, all of said bonds shall be subject to prior redemption whenever there is money in the bond fund of said District, in addition to that necessary to redeem the maturity of the principal of said bonds next accruing as hereinabove provided, sufficient to pay the principal of one or more of said bonds, which bonds shall be called and paid in their numerical order® Notice of prior redemption shall be given by the Treasurer in the name of the City of Rexburg by publication of such notice at lease once in each calendar week on any day of the week for at least four successive weeks, the first publi- cation to be at least thirf- 1, vs arior to the redemption date, in a newspaper of general circulation in the City, a-- - -Z such notice shall be,sont by registered mail at least thirty days prior to the rein tion datecto Stanley L4 Anderson, Rexburg, Idaho. Such notice shall specify the number or numbers of the bonds to be so redeemed (if less that all are to be redeemed) and the date fixed for redemption, and shall further state that on such redempt! `here will. becomezand,be due and payable upon each bond so to be redeemed at the offi the Trhasurer,o±ithe City of Rexburg, the principal amount thereof, together with accr terest to the date, and that from and after such date interest will ceas acmue. Notice having been given in the manner herein- before provided, the bond or Dnds called for redemption shall become due and payable on the redemption date so de Inated and upon presentation thereof at said office, to- gether with all appurtenant apons maturing subsequent to the redemption date, and the City fo Rexburg will pay the, :mid or bonds so called fur redemptions Se 8. , That said bonds, the coupons thereto attached, and the certificate thereon, shall be substantially the following form: (Form of Bond) UNITED STATES OF AEERICA STATE OF IDAHO COUNTY OF MADISON CITY OF REXBURG STREET IMPROVEMENT BOND LOCAL IMPROVEMENT ❑TSTRTCT NO. 17 FOR STREETS FOR REXBURG, IDAHO Series CITY OF REXBURG, IN THE COUNTY OF MADISON, STATE OF IDAHO, for value received, hereby acknowledges itself indebted, and promises to pay to the bearer hereof the sum of DOLLARS on the day of with interest thereon at the rate of four and three fourths per centrum (4-3/4%) per annum, payable annually on the 15th day of December in each year, upon presentation and surrender of this bond and the attached Coupons as they severally become due, both principal and interest being payable in lawful money of the United States of America at the office of the City Treasurer, Rexburg, Idaho. The bonds of this series are subject to call whenever there is sufficient money in the Sond Fund of Local Improvement District No. 17 for the construction of a sidewalk on the South side of West Main Street from Fifth West to No® 733 and the construction and reconstruction of curbs and gutters and the construction of drainage works incidental to said improvements within said district, to pay the principal of one or more of said bonds which shall be called and pain in their numerical order. I Ordinance Book, City of Rexburg, Rexburg, Idaho to resolutions and ordinances duly adopted by said City of Rexburg under and by virtue of the law known as "Local Improvement District Code," Chapter 17, Title 50, Idaho Code, and all other laws thereunto enabling. In conformity with said Code, it is hereby provided that the principal sum herein named shall be oayable from a separate fund designated "Bond Fund of Local Improvement District No. 17 for the construction of a sidewalk on the South side of West Main Street from Fifth West to No. 733 and the construction and reconstructic of curbs and gutters and the construction of drainage works incidental to said improve- ments within said district, "pledged solely for the payment, inregular numerical order, - of the principal of the bonds of the series of which this is one, and consisting of all monies constituting the payment of principal of assessments unpaid at the time of the issuance of this bond, provided the principal of and the interest on the bonds of the series of which this is one shall, if necessary, be redeemed at maturity from the City's "Local Improvement Guarantee Fund" heretofore duly authorized and created, and not otherwise. If at any time there shall be not sufficient money available for the payment of interest falling due at any time on all of said bonds from the Interest Fund of Local Improvement District No. 17 for streets for Rexburg, Idaho, then interest coupons shall be paid in the numerical order of-the bonds to which they are attached. If, upon presentation at maturity, payment of the bond is not made as herein provided, interest thereon shall continue at the same rate until the principal hereof is paid in full. The holder of any bond ussued under the authority of said "Local Improvement District Code" shall have no claim therefor against the numicipality by which the same is issued, except to the extent of the funds created and received by assessments against the property within any local improvement district as therein provided for, and the extent of the Local Improvement Guarantee Fund created under the provisions of said Code; but the municipality shall be held responsible for the lawful levy of all special taxes or assessments herein provided for and for the faithful account- ing, settlements and payments of the special taxes and assessments levied the payment of the bonds as therein provided for. The owners and holders of such bonds shall be intitled to a complete enforcement of all assessments made for the payment of such bonds. The assesments made and levied to pay the cost and expenses of the work or improvement authorized by the provisions of said "Local Improvement District Code," or any law of the State of Idaho, constitute a lien upon and against the property in said Local Improvement District No. 17 for streets for Rexburg, Idaho, upon which such assessment or assessments were mad and levied from and after the 1st day of November, 1967 the date upon which the ordinance levying such assessment or assessments became effective, which lien is superior to the lien or any mortgage or other encumbrance, whether prior in Lime or not, and shall constitue such lien until paid, subject to the extinguishment of any such lien by the sale of any property of account of the non - payment of general taxes. IN TESTIMONY WHEREOF, the said City of Rexburg has caused this bond to be signed by its Mayor, countersigned by its Treasurer and Attested by its Clerk under its corporate seal, and the annexed coupons to bear the facsimile signatures of said offices, and this bond to be dated as of the 15th day of December, 1967. (seal) ATTEST: City Clerk. l/ 190. Pflayor. Coun�.rsigned.• A l j Treasurer. (Coupon Form) On the day of , unless the bond to which this Ordinance Book, QtY Of R(AbLun �, Rexburg-, Idaho . . . . . . . . . . - Interest Fund of Local District No 17 for the Constructi of a sidwalk on the Sou - th side Of West Main Street from Fifth West to No. 733 and the cunstructioiand reconst of curbs and gutters and the construction fo drainage works incident ments within said d istrict, for Rexburg, to said improve- Idaho Improvement Bond, dated the 15th day of D , being one year's interest on its Street December, 1967, bearing No. ATTEST: 6 1ty Clerk, i 101savy 6 r ------ ------ ------ TrA A T (Certificate Form) CERTIFICATE OF REGISTRATION STATE OF IDAHO, COUNTY OF MADISON, ss. CITY OF REXBURG, 1 the undersigned, City Clerk of the City Of Rexburg, in the County of Madison, State of Idaho, do hereby certify that the within bond has been duly registered in a public record book kept for that purpose in my office, in all respects as required by law, and that the signatures on this bond are the genuine signatures of the Mayor, City Clerk and City Treasurer of thsUity of Rexburg, Idaho, and that the signatures on the coupons are the facsimile signatures of said o City Clerk. (seal) Section 9 That said bonds, when executed, shall be issued to Stanley L. Anderson, Rexburg7 Idaho, the lawful Purchaser thereof, and when so is shall transfer to said purchaser or to any owner or owners thereof, all the right and interest of the Cit of Rexburg in and with respect to every assessment against the property in said Dist liable to assessment for such local improvements, and the lien thereby created against the Property of such owners assessed as shall not have availec- themselves of the provisions of law in regard to the redemption of their property from the lien of such assessment and shall authorize the owner Or owners and the holder or holders of said bonds to receive, sue for, and collect or have collected such assessment embraced in any such bond or through any of the methods provided by law for the collecti of assessments for local improvements; and the City of Rexburg hereby pledges to such owner or owners and holder or holders the exercis of all lawful corporate powers in the collection of the assessments for the redemption of said bonds. Section 10. That all interim warrants heretofore issued, if any, to pay for the construction of the improvements in said Local ImPrOvenet District No. 17 for the construction of a sidewalk of the South side of West Main Street from Fifth West to No. 733 and the construction and reconstruction of curbs and gutters and the construc- tion of drainage works incidental to said improvements within said district. fnr R—h— Ordinance Boob, amity of Rexburg, Rexburg, Idaho Section 11. That any holder of any one or more of said bonds, or any `! may, either at law or in equity, by suit, of the coupons representing interest thereon, any court of competent jurisdiction, action, mandamus or other appropriate proceeding in II proceeds of said assessments and any protect the liens created by this ordinance on the or other appropriate proceedings guarantee fund, and may by suit, action, mandamus, the performance of any duty imposed upon the said city by the provi- enforce and compel thout limiting the generality of the foregoing, the sions of this ordinance, including, •ri segregation of assessments and the proper application thereof. Section 12. That the officers of the City of Rexburg be, and they hereby are, authorized and directed to take all action necessary or appropriate to this ordinance, including, without limiting the generality effectuate the provisions of the printing of the foregoinnting of said bonds and the execution of such certificates as g, d by the purchasers %II require thereof, relating, interalia to the signing may reasonably g, II of ..a :ipal officials, of the bonds, the tenure and identity the amounts certified on thei', assessment roll together frith the amount of. sh FaY menu the accuracy of property descriptions, the receipt of the assignable °tificates and the delivery of the bonds, and the absence of litigation pending or :_r-ir— -ened affecting the validity of the bonds. Section 13. That all::or.dinances or resolutions, or parts thereof, in conflict with the provisions of this ordinance, are hereby repealed. This repealer I' shall not be construed to revive ,and ardinance, nor resolution, or part thereof, heretofore repealed. Section 14. That after said street improvement bonds are issuf-�i9, this ordinance shall; be and remain irrepealable until said bonds and the interest there- II on shall be fully paid, certified and discharged, as herein provided. Section 15. That this ordinance may be amended or supplemented by an ordinance -or- ordinances - adopted by the City Council in accordance with the lass of the State of Idaho, and without the receipt by the City of any adcitional consideration, with the written consent of the holders of seventy -five per centrum (75 %) of the bonds authorized by this ordinance and outstanding at the time of the adoption of such amendatory or supplemental ordinance, provided, however, that no such ordinance shall have the effect of permitting: A. An extension of the maturity of any bond authorized by this ordinance; or B. A reduction in the principal amount of any bond or the rate of interest thereon; or C. The creation of a lien upon or a pledge of revenues ranking prior to the lien or pledge created by this ordinance; or D. A reduction of the principal amount of bonds required for consent to such amendatory or supplemental ordinance. Section 16. That should any court of competent jurisdiction hold that any part of this ordinance is void or ineffective, such holding shall not affect the remaining facts hereof, the intention being that each part hereof is severable. Section 17. That, by reason of the fact that certain areas within the City of Rexburg need 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 it 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 17th ,ia.. of Jll1V. 1968. ,-) F Ordinance Book, City of Rexbur �exbuj.r Ida& APPROVED by the Mayor of the City of Rexburg, Idaho, this 17th day of July, 1968. Mayor; (Sea!) ATTEST: City Clerk Councilman De13 Virgin moved the adoption of said ordinance, which motion was seconded by Councilman Henry Shirley. The Clerk was then inst cted to call the roll on the passage of the ordinance and the roll call on said pas ge or Ordinance No. 480 resulted as follows: Those voting AYE: an C Porter rdon Smith .nry Shirley -enn Peterson >ar;on Jensen De L Virgin Those voting NAY: None The ordinance was thereupon, by the Mayor, declared to have been duly passed, and the Clerk of the City was directed to publish said Ordinance No. 480 in full immediately in at least one issue of the Rexburg-Standard Journal, a newspaper published in the City of Rexburg, Madison County, Idaho. There being no further business to come before the meeting, the meeting was, on motion duly made, seconded and carried, adjourned, (Seal) ATTEST: City - Clerk. STATE OF IDAHO, COUNTY OF MADISON, )ss CITY OF REXBURG, I, Beulah Johnson, the duly chosen, qualified and acting Clerk of the City of Rexburg, in the County of Madison and State of Idaho, do hereby certify that the foregoing pages numbered 56 to 76, both inclusive, are true, perfect and complete copies of the record of the proceedings of the City Council of Rexburg had and taken at a lawful meeting of said Council held at the City Hall in said City on Wednesday, the 17th day of July, 1960 at the hour of 7:30 o'clock P.M., as recorded in the regular official book of records of the proceedings of said council kept in my office, and that said proceedings were duly had and taken as therein shown, that the meetings therein shown were duly held, that the persons therein names as present at said minutes, and that all members of the City Council were duly notified of said meeting. a Ordinance Book, �;IL of Rexburg, Rexburg, Idaho y r ,/' s r an 1 ! /�,, i,?.,,F %. City Clerk,//// (Seal) STATE OF IDAHO ) ss County of Madison ) I, Beulah Johnson, City Clerk of the City of Rexburg, Idaho, do hereby certify: That the foregoing is a full, true and correct copy of an ordinance intitled: "AN ORDINANCE CONCERNING THE CREATION OF, IMPROVEMENTS IN, ASSESSMENTS AGAINST PROPERTY IN, AND STREET IMPROVEMENT BONDS FOR LOCAL IMPROVEMENT DISTRICT NO. 17, FOR THE CONSTRUCTION OF A SIDEWALK ON THE SOUTH SIDE OF WEST MAIN STREET FROM FIFTH 'JEST TO N0, 733 AND THE CONSTRUCTION AND RECONSTRUCTION OF CURBS AND GUTTERS AND THE CONSTRUCTION OF DRAINAGE 6VORKS IN— CIDENTAL TO SAID IMPROVEMENTS ��dITHIN SAID DISTRICT; AND PROVIDING 6dHEN THIS ORDINANCE SHALL BE IN EFFECT." passed by the City Council of said City and a},.roved b_v the Mayor on the 17th day of July, 1968. IN 7 : , =NESB WHEREOF, I have hereunto set my hand and affixed the seal of said City this 17th day of July, 1968. a 1.a.ty Clerks/ (seal) ORDINANCE NO. 481 AN ORDINANCE AMENDING AND CHANGING THE ZONING MAP OF 'THE CITY OF REXBURG, IDAHO, TO PROVIDE THAT A PORTION OF LOT 4, BLOCK 47 OF THE ORIGINAL REXBURG TOWNSITE OF THE CITY OF REXBURG, IDAHO, AS HEREINAFTER DESCRIBED BE PLACED IN R3 ZONE RATHER THAN R2 ZONE. REXBURG, IDAHO: BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SECTION I: That the zoning map of the City of Rexburg, Idaho, certified by the Mayor and ` of the City of Rexburg, Idaho, and filed with the Clerk thereof, be, and the same is hereby amended to provide that a portion of Lot 4, Block 47 of the Original Rexburg Townsite in the City of Rexburg, Madison County, State of Idaho, and more particularly described as follows: Commencing at the Southwest corner of Lot 4, Block 47 of the Original Rexburg Townsite, in the City of Rexburg, in Madison County, State of Idaho, as per the recorded plat thereof, and running thence East 1 rod; thence North 7 rods; thence East 4 rods; thence North 3 rods; thence East 5 rods; thence North 20 rods; thence West 9 rods; thence North 10 rods, thence West 1 rod; thence South 40 rods to the point of beginning. be, and the same is hereby placed in R3 Zone rather than R2 Zone for the purpose of the construction thereon of multi— dwelling units consisting of 70 unit apartment houses, three stories in height. It is required that a fence be constructed and maintained around the property and between adjoining owners, such fence to be constructed according to city requirements and specifications. SECTION II: That a new zoning map showing this amendment shall be certified to and declared to be the official zoning map of the City of Rexburg by a certificate of the Mayor and Council of the City of Rexburg endorsed thereon. PASSED AND APPROVED this 20th day of September, 1968. Mayor.