HomeMy WebLinkAboutORDINANCE NO. 920 AUTH WARRANTS LID 32ORDINANCE NO. 920
AN ORDINANCE CONCERNING THE IMPROVEMENTS IN,
ASSESSMENTS AGAINST PROPERTY IN, AND REGISTERED
WARRANTS FOR LOCAL IMPROVEMENT DISTRICT NO. 32, 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. 32 (LID 32), 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.
913, confirming the assessments roll for such improvements was duly adopted and
approved on February 4, 2004, and
WHEREAS, notice of assessments to property owners in said District has been
duly published in accordance with the requirements of said Ordinance No. 913 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 $273,11933, and
WHEREAS, during the 30-day period following the confirmation of said
assessment roll, the owners of private property paid $59,990.99 on the principal of their
assessments, leaving a principal balance of $213,128,34 and
WHEREAS, the City authorizes the creation of a LID 32 Warrant Fund in the
amount of $200,000.00, 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 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 32, 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. 870 and Ordinance No. 913, 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 4th day of February in each of the years from 2005 to 2014, both inclusive,
and bearing interest on the unpaid principal thereof from the 4th day of February, 2004,
at the rate of five percent (5%) per annum, such interest being payable annually on or
before the 4"' day of February 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 32 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 32 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 nor 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 32 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
N
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
32 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 along said streets within said
District, in the aggregate principal amount of $200,000.00 consisting of registered
warrants numbered consecutively from 1 to 10, both inclusive, which registered warrants
shall be dated the 1" day of April, 2004, and shall be in denominations hereinafter set
forth, payable annually on the 1" day of April, 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 I" day of April in each of the years indicated as follows:
YEAR WARRANT NO.
AMOUNT
INTEREST RATE
2005
1
$ 20,000.00
5.0%
2006
2
20,000.00
5.0%
2007
3
20,000.00
5.0%
2008
4
20,000.00
5.0%
2009
5
20,000.00
5.0%
2010
6
20,000.00
5.0%
2011
7
20,000.00
5.0%
2012
8
20,000.00
5.0%
2013
9
20,000.00
5.0%
2014
10
20,000.00
5.0%
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 32 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 to pay the total cost and expenses of said LID 32 of the City of
Rexburg, Idaho.
Maturing registered warrants and the interest on those registered warrants, when
due, shall be paid from the LID 32 Warrant Fund. If there is sufficient money in the LID
32 Warrant Fund to pay the principal of one or more registered warrants, the Treasurer
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
lot and shall, insofar as can be done taking into consideration the denominations of the
outstanding registered warrants, represent an equal amount of registered warrants from
each maturity outstanding at the time of redemption.
Notice of prior redemption shall be given by the Treasurer in the name of the City
of Rexburg by publication of such notice at least once in each calendar week on any day
of the week for at least four successive weeks, the first publication to be at least thirty
days prior to the redemption date, in a newspaper of general circulation in the City, and a
copy of such notice shall be sent by registered or certified mail at least thirty days prior to
the redemption date to the original purchaser or purchasers of the registered warrants.
Such notice shall specify the number or numbers of the registered warrants to be so
redeemed (if 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.
form:
Section 8. That said registered warrants shall be in substantially the following
CITY OF REXBURG # 10
LOCAL IMPROVEMENT DISTRICT WARRANT
LID 32
DATE ISSUED:
4/1/2004
WARRANT AMOUNT:
$20,000
DUE DATE:
4/1/2014
INTEREST RATE:
5.00%
C[ l - S-�
�r^--
Mayor
City Treasurer
The Treasurer of the City
of Rexburg will pay to:
or at such other place as the
holder may designate in
writing
INTEREST PAYABLE SCHEDULE
DATE DUE
AMOUNT DUE
DATE PAID
CHECK
#
April 1, 2005
$1,000.00
April 1, 2006
$1,000.00
April 1, 2007
$1,000.00
April 1, 2008
$1,000.00
April 1, 2009
$1,000.00
M
April 1, 2010
$1,000.00
April 1, 2011
$1,000.00
April 1, 2012
$1,000.00
April 1, 2013
$1,000.00
April 1, 2014
$1,000.00
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 32 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 lot and shall, in the event less than all of the outstanding registered warrants are to
be redeemed, insofar as can be done taking into consideration the denominations of the
outstanding registered warrants, represent an equal amount of bonds from each maturity
outstanding at the time of the redemption.
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 32 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 32 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 32 of the City of Rexburg, Idaho, 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 therefore
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 complete enforcement of all assessments made for the payment of such bonds."
This warrant is subject to all of the provisions of the Idaho Local Improvement District Code
relating to local improvement district bonds so far as the same may be applicable including, but
not limited to, Sections 50-1762 to 50-1769, Idaho Code.
The assessments made and levied to pay the cost and expenses of the work or
improvements authorized by the provisions of said "Local Improvement District Code of the State
of Idaho" shall constitute a lien upon and against the property in said LID 32 for the streets for
Rexburg, Idaho, upon which such assessment or assessments were made and levied from and
after the date upon which the ordinance levying such assessment or assessments was passed,
which lien is 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 any property assessed on
account of the non-payment 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 the State of
Idaho.
(End of Warrant Form)
Section 9. That all interim warrants heretofore issued, if any, to pay for the
construction of the improvements in said LID 32 of the City of Rexburg, Idaho, shall be
redeemed and retired from the proceeds of the sale of said warrants.
Section 10. That any holder of any one or more of said registered warrants may,
either at law or in equity, by suit, action, mandamus or other appropriate proceeding in
any court of competent jurisdiction, protect the liens created by this ordinance on the
proceeds of said assessments and the LID 32 Warrant Fund, and any guarantee fund, and
may by suit, action, mandamus, or other appropriate proceedings enforce and compel the
performance of any duty imposed upon the said City by the provisions of this ordinance,
including, without limiting the generality of the foregoing, the segregation of assessments
and the proper application thereof.
Section 11. That the officers of the City of Rexburg be, and they hereby are,
authorized and directed to take all action necessary or appropriate to effectuate the
provisions of this ordinance, including, without limiting the generality of the foregoing,
the printing of said registered warrants and the execution of such certificates as may
reasonably be required by the purchasers thereof, relating, interalia, to the signing of the
registered warrants, the tenure and identity of municipal officials, the amounts certified
on the assessment roll together with the amount of cash payments, the accuracy of
property descriptions, the receipt of the assignable certificates and the delivery of the
registered warrants, and the absence of litigation pending or threatened affecting the
validity of the bonds.
Section 12. That all ordinances or resolutions, or parts thereof, in conflict with the
provisions of this ordinance are hereby repealed. This repealer shall not be construed to
revive any ordinance, nor resolution, or part thereof, heretofore repealed.
Section 13. That after said street improvement registered warrants are issued, this
ordinance shall be and remain irrepealable until said registered warrants and the interest
thereon shall be fully paid, certified and discharged, as herein provided.
Section 14. That this ordinance may be amended or supplemented by an ordinance
or ordinances adopted by the City Council in accordance with the laws of the State of
Idaho, and without the receipt by the City of any additional consideration, with the
written consent of the holders of seventy-five percent (75%) of the registered warrants
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 registered warrant authorized by
this ordinance; or
B. A reduction in the principal amount of any registered warrant 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
rol
D. A reduction of the principal amount of registered warrants required for
consent to such amendatory or supplemental ordinance.
Section 15. 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 16. That, by reason of the fact that certain areas within the City of
Rexburg, Idaho, 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, on this 21 st day of
April, 2004. <��L
Shawn Larsen, Mayor
ATTEST:
Blair D. Kay, City Clerk
(SEAL)
7
STATE OF IDAHO
: ss .
County of Madison )
I, Blair D. Kay, City Clerk of the City of Rexburg, Idaho, do hereby certify: That
the foregoing is a full, true and correct copy of an Ordinance entitled:
AN ORDINANCE CONCERNING THE IMPROVEMENTS IN, ASSESSMENTS
AGAINST PROPERTY IN, AND REGISTERED WARRANTS FOR LOCAL
IMPROVEMENT DISTRICT NO. 32, 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.
Passed by the City Council of said City and approved by the Mayor on this 21 st day of
April, 2004.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
said City this 21 st day of April, 2004.
Blair D. Kay, City Clerk
(SEAL)
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