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REXBURG
America, F'anritY Gaininunity
ORDINANCE NO. 1081
AN ORDINANCE CONCERNING THE IMPROVEMENTS IN,
ASSESSMENTS AGAINST PROPERTY IN, AND REGISTERED
WARRANTS FOR LOCAL IMPROVEMENT DISTRICT NO. 40, FOR
THE PURPOSE OF CAUSING CERTAIN STREETS AND PARTS
THEREOF WITHIN THE CORPORATE LIMITS OF SAID CITY TO BE
GRADED, RE -GRADED, GRAVELED, PAVED, RE -PAVED AND
OTHERWISE IMPROVE CERTAIN STREETS WITHIN THE DISTRICT
AND TO CONSTRUCT AND RECONSTRUCT SIDEWALKS, CURBS,
GUTTERS, DRIVEWAYS, DRAINAGE FACILITIES, OFF -SITE STORM
SEWER, WATER LINES, SEWER LINES, AND OTHER WORKS
INCIDENTAL TO ALL OF THE FOREGOING IMPROVEMENTS
WITHIN SAID DISTRICT, AND PROVIDING WHEN THIS
ORDINANCE SHALL BE IN 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. 40 (LID 40), for the purpose of causing certain streets and parts thereof within the
corporate limits of said City, to be graded, re -graded, graveled, paved, re -paved and
otherwise improve certain streets within the District and to construct and reconstruct
sidewalks, curbs, gutters, driveways, drainage facilities, off -site storm sewer and other work
incidental to all of the foregoing improvements within said District. Ordinance No. 1077,
confirming the assessments roll for such improvements was duly adopted and approved
on November 16, 2011, and
WHEREAS, notice of assessments to property owners in said District has been
duly published in accordance with the requirements of said Ordinance No. 1077 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 was $593,587.04, and
WHEREAS, since finalizing the final costs to the owners of private property, they
have paid $235,907.70 on the principal of their assessments, leaving a principal balance of
$357,679.34 and
WHEREAS, the City authorizes the creation of a LID 40 Warrant Fund in the
amount of $300,000.00, and
WHEREAS, on April 21, 1951, the City Council of said City adopted, and the
Mayor of said City approved, Ordinance No. 373, creating a Local Improvement District
Guarantee Fund, to be used to guarantee bonds and warrants of local improvements
districts in said City,
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL
OF THE CITY OF REXBURG, IDAHO:
SECTION 1: That all of the proceedings heretofore taken and adopted for the
creation of said LID 40, for the purpose of causing certain streets and parts thereof within
the corporate limits of said city to be graded, re -graded, graveled, paved, re -paved and
otherwise improve certain streets within the District and to construct and reconstruct
sidewalks, curbs, gutters, driveways, drainage facilities, off -site storm sewer, water lines,
sewer lines, and other works incidental to all of the foregoing improvements within said
District, and the assessments 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. 1047 and Ordinance No. 1077, which shall apply to the registered warrants
hereafter mentioned, shall be and the same are hereby ratified, approved and confirmed.
SECTION 2: That the unpaid assessments chargeable to the lots and lands
abutting, adjoining, and adjacent to the streets to be so improved and on and against all
lots and lands benefited by such improvements included in said District, shall be paid for
in installments, payable as nearly as may be possible in ten (10) equal annual payments on
or before the 16th day of November in each of the years from 2012 to 2021, both
inclusive, and bearing interest on the unpaid principal thereof from the 16th day of
November, 2011, at the rate of five and a half percent (5.5 %) per annum, such interest
being payable annually on or before the 16`h day of November 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 the City of Rexburg, Idaho.
SECTION 3: That the Treasurer of the City of Rexburg, be, and he is hereby
authorized and empowered, and it shall be his duty to receive and collect all assessments
levied to pay the cost of said improvements, and installments thereof, the interest thereon,
and the penalties accrued, including, without limiting the generality of the foregoing, the
whole of the unpaid principal which 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 lawfully 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. All monies constituting the payment of
principal of said unpaid installments of assessments shall be placed in a separate fund to be
designated "LID 40 Warrant Fund" including any funds paid as interest on said installment
payments of assessments.
Said Warrant Fund shall be deposited in such bank or banks as are designated as
depositors of public monies of such municipalities under the laws of the State of Idaho.
Interest received on such funds so deposited shall be placed to the credit of the fund from
which it was earned. Maturing registered warrants including interest due shall be paid
from the LID 40 Warrant Fund in regular numerical order. The City Treasurer be, and he
is also hereby authorized and empowered, and it shall be his duty, to receive and collect all
of the receipts of municipal taxes and charges levied and collected for guaranteeing the
payment of said registered warrants to place said monies in the City's "Local Improvement
Guarantee Fund," as heretofore provided, to disburse there from said monies for the
payment of the interest on and the principal of the registered warrants hereinafter
authorized, if necessary to redeem said registered warrants at maturity, both principal and
interest, and otherwise to maintain and manage said fund in the manner heretofore
specified.
SECTION 4: That the City Treasurer shall give notice of the installments of
assessments becoming due, principal, interest and penalties for delinquencies, pursuant to
Section 50-1716, Idaho Code, and all laws amendatory thereof and supplemental thereto.
The failure of the City Treasurer to mail such notice or to do any other act or thing
required by this section shall not affect the validity of the assessments or installments
thereof due not extend the time for payment thereof, but shall subject the municipality to
liability to a taxpayer for any damage sustained by reason of such failure.
SECTION 5: The sale of LID 40 registered warrants shall transfer to the owner or
holder of such registered warrants all the rights and interest of the City of Rexburg, Idaho,
in and with respect to every such assessment and the lien thereby created against the
property of each owner assessed as shall not have availed himself of the provisions of the
Local Improvement District Code, in regard to the redemption of his property and shall
authorize owners and holders of such registered warrants to receive and have collected the
assessments or assessments embraced in any such registered warrants through any of the
methods provided by law for the collection of assessments for local improvements.
SECTION 6: That the assessments and the interest thereon have been and shall
continue to constitute, and are hereby declared to be, a lien in the several amounts assessed
against each lot or tract of land hereinbefore specified from and after the day which the
ordinance levying such assessments became effective, which lien shall be superior to the
lien of any mortgage or other encumbrance, whether prior in time or not, and shall
constitute such lien until paid, such lien shall not be subject to the extinguishment for any
reason whatsoever, including but not limited to the sale of the property assessed on
account of the nonpayment of general taxes or the conveyance of such property by any
means to the United States of America or any agency thereof, the State of Idaho, or any
county, city, school district, junior college district or other public body, agency or taxing
unit in said state.
SECTION 7: That for the purpose of defraying a portion of the cost of said
improvements there be issued, in the name of the City of Rexburg, Warrants of said LID
40 for the purpose of causing certain streets and parts thereof within the corporate hints
of said City to be graded, re -graded, graveled, paved, re -paved and otherwise improve
certain streets within the District and to construct and reconstruct sidewalks, curbs,
gutters, driveways, drainage facilities, off -site storm sewer, water lines, sewer lines and
other works incidental to all of the foregoing improvements along said streets within said
District, in the aggregate principal amount of $300,000.00 consisting of registered warrants
numbered consecutively from 1 to 10, both inclusive, which registered warrants shall be
dated the 1st day of June, 2012, and shall be in denominations hereinafter set forth,
payable annually on the 1 st day of May, each year, said interest to be evidenced by said
registered warrant. If, upon presentation at maturity, payment of any registered warrant is
not made as herein provided, interest thereon shall continue at the same rate until the
principal thereof is paid in full. Said registered warrants shall be fully negotiable and shall
have all the qualities of negotiable paper, subject to the specific provisions stated herein,
and the holder or holders thereof shall possess all rights enjoyed by holders of negotiable
instruments under the provisions of the Uniform Commercial Code. Said registered
warrants shall be numbered, shall be in the denomination of, and shall bear interest and
shall mature serially in regular numerical order in the amounts designated on the 1 st day of
May in each of the years indicated as follows:
The warrants will be let for bid as to the amount of interest on each warrant for each year,
therefore the interest and the interest rate are to be determined (TBD) upon acceptance of
the low bid.
YEAR
WARRANT
NO.
PRINCIPAL
INTEREST
AMOUNT
DUE
INTEREST
RATE
2013
1
$ 30,000.00
TBD
TBD
TBD
2014
2
$ 30,000.00
TBD
TBD
TBD
2015
3
$ 30,000.00
TBD
TBD
TBD
2016
4
$ 30,000.00
TBD
TBD
TBD
2017
5
$ 30,000.00
TBD
TBD
TBD
2018
6
$ 30,000.00
TBD
TBD
TBD
2019
7
$ 30,000,00
TBD
TBD
TBD
2020
8
$ 30,000.00
TBD
TBD
TBD
2021
9
$ 30,000.00
TBD
TBD
TBD
2022
10
$ 30,000.00
TBD
TBD
TBD
Said registered warrants shall be payable in lawful money of the United States of
America at the office of the City Treasurer of the City of Rexburg, Madison County,
Idaho. Said registered warrants shall be signed by the Mayor, the City Clerk and the City
Treasurer of the City of Rexburg, and each registered warrant shall have affixed thereto the
corporate seal of said City.
The Holder of any registered warrant issued under the authority of the Local
Improvement District Code, shall have no claim therefore against the City of Rexburg
except to the extent of the funds created and received by assessments against the property
within any local improvement district as herein provided, and to the extent of the LID 40
Warrant Fund, and to the extent of the Local Improvement Guarantee Fund which has
been established by the City of Rexburg, but the City of Rexburg shall be held responsible
for the lawful levy of all special taxes or assessments herein provided and for the faithful
accounting of settlements and payments of the special taxes and assessments levied for the
payment of the registered warrants as herein provided. The Owners and holders of such
registered warrants shall be entitled to complete enforcement of all assessments made for
the payment of such registered warrants. A copy of Section 50-1723 of the Local
Improvement District Code of the State of Idaho shall be plainly written, printed or
engraved on the back of each registered warrant so issued.
Each registered warrant shall provide that the principal thereof and the interest
thereon are payable solely from the principal of or interest on the unpaid assessments
levied in the District or from proceeds made available at the sole discretion of the city to
pay the total cost and expenses of said LID 40 of the City of Rexburg, Idaho.
Maturing registered warrants and the interest on those registered warrants, when due, shall
be paid from the LID 40 Warrant Fund. If there is sufficient money in the LID 40 Warrant Fund
of the City of Rexburg, Idaho, to pay the principal of one or more registered warrants of this
series, the Treasurer of the City of Rexburg, Idaho, may call in and pay such registered warrants
as of the next interest payment date at the price of par and accrued interest. The registered
warrants to be called shall be selected by the City Treasurer. Written notice of prior redemption
shall be given by the Treasurer in the name of the City of Rexburg to the original purchaser or
purchasers of the registered warrants by registered or certified mail at least ten days prior to the
redemption date. Such notice shall specify the number or numbers of the registered warrants to
be so redeemed (i£ less than all are to be redeemed) and the date fixed for redemption, and shall
further state that on such redemption date there will become and be due and payable upon each
registered warrant so to be redeemed at the office of the Treasurer of the City of Rexburg, the
principal amount thereof, together with accrued interest to the redemption date, and that from
and after such date interest will cease to accrue. Notice having been given in the manner
hereinbefore provided, the registered warrant or registered warrants so called for redemption
shall become due and payable on the redemption date so designated and upon presentation
thereof at said office, together with interest maturing subsequent to the redemption date, and the
City of Rexburg will pay the registered warrant or registered warrants so called for redemption.
SECTION 8: That said registered warrants shall be in substantially the following form:
LID 40
DATE The Treasurer of the City of Rexburg
ISSUED:
May 1, 2012 will pay to:
WARRANT
AMOUNT:
$300,000.00
DUE DATE:
May 1
INTEREST
RATE:
3.00%
Mayor
or at such other place as the holder
may designate in writing
City Treasurer
AMORTIZATION SCHEDULE
DATE DUE
PRINCIPAL
INTEREST
AMOUNT
DUE
DATE
PAID
CHECK #
May 1, 2013
$ 30,000.00
$ 9,000.00
$ 39,000.00
May 1, 2014
$ 30,000.00
$ 8,100.00
$ 38,100.00
May 1, 2015
$ 30,000.00
$ 7,200.00
$ 37,200.00
May 1, 2016
$ 30,000.00
$ 6,300.00
$ 36,300.00
May 1, 2017
$ 30,000.00
$ 5,400.00
$ 35,400.00
May 1, 2018
$ 30,000.00
$ 4,500.00
$ 34,500.00
May 1, 2019
$ 30,000.00
$ 3,600.00
$ 33,600.00
May 1, 2020
$ 30,000.00
$ 2,700.00
$ 32,700.00
May 1, 2021
$ 30,000.00
$ 1,800.00
$ 31,800.00
May 1, 2022
$ 30,000.00
$ 900.00
$ 30,900.00
CERTIFICATE OF
REGISTRATION
STATE OF IDAHO )
COUNTY OF MADISON
SS.
CITY OF REXBURG
I, the undersigned, City Clerk of the City of Rexburg, in the County of Madison, State of Idaho,
do hereby certify that the within registered warrant has been duly registered in a public record
kept for that purpose in my office, in all respects as required by law, and that the signatures on
this registered warrant are the genuine signatures of the Mayor and City Treasurer of the City of
Rexburg, Idaho.
(seal)
City Clerk
If there is sufficient money in the LID 40 Warrant Fund of the City of Rexburg,
Idaho, to pay the principal of one or more registered warrants of this series, the Treasurer
of the City of Rexburg, Idaho, may call in and pay such registered warrants as of the next
interest payment date at the price of par and accrued interest. The registered warrants to
be called shall be selected by the City Treasurer.
This registered warrant is issued for the purpose of paying a portion of the costs and
expenses of constructing certain street improvements made in LID 40 of the City of
Rexburg, Idaho, for the purpose of causing certain streets and parts thereof within the
corporate limits of said City to be graded, re -graded, graveled, paved, re -paved and
otherwise improve said streets within the District and to construct and reconstruct
sidewalks, curbs, gutters, driveways, drainage facilities, off -site storm sewer, water lines,
sewer lines and other works incidental to all of the foregoing improvements along certain
streets within said District, pursuant to resolutions and ordinances duly adopted by said
City of Rexburg, Idaho, 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 payable from a separate fund designated "LID 40 Warrant Fund" pledged solely for the
payment of the principal of the registered warrants of the series of which this is one, and
consisting of all monies constituting the payment of interest on assessments unpaid at the
time of the issuance of this registered warrant.
The principal of this registered warrant and the interest thereon, is payable solely
from the principal of or interest on unpaid assessments levied in LID 40 of the City of
Rexburg, Idaho or from proceeds made available at the sole discretion of the city, to pay
the total cost and expenses of such local improvement district project. Provided, the
principal of and the interest on the registered warrants of the series of which this is one,
shall, if necessary, be redeemed at maturity from the City's Local Improvement District
Guarantee Fund heretofore duly authorized and created, and not otherwise.
If, upon presentation at maturity, payment of this registered warrant is not made as
herein provided, interest thereon shall continue at the same rate until the principal hereof
is paid in full.
Pursuant to Section 50-1723 of the Local Improvement District Code of the State
of Idaho, "The holder of any bond issued under the authority of this code shall have no
claim therefor against the municipality 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 herein provided and to the extent of the Local Improvement
Guarantee Fund which may be established by any such municipality under the provisions
of this 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 accounting of settlements and
payments of the special taxes and assessments levied for the payment of the bonds as
therein provided for. The owners and holders of such bonds shall be entitled to a
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