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HomeMy WebLinkAboutORDINANCE NO. 631 LID 24ORDINANCE NO. 631 AN ORDINANCE CONFIRMING THE "ASSESSMENT'ROLL, AS CORRECTED, FOR LOCAL IMPROVEMENT DISTRICT NO. 24 IN REXBURG, IDAHO, FOR THE PURPOSE OF CAUSING CERTAIN STREETS AND ALLEYS 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 CURBS, GUTTERS, DRAINAGE FACILITIES, SEWERS, AND OTHER WORK INCIDENTAL TO ALL OF THE FOREGOING IMPROVEMENTS WITHIN SAID DISTRICT; ORDERING ASSESSMENTS TO'BE'MADE IN ACCORDANCE WITH THE ASSESSMENT ROLL AND PRESCRIBING DETAILS CONCERNING SAID ASSESSMENTS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND DECLARING AN EMERGENCY. WHEREAS, the City Council of the City of Rexburg, Idaho, has created within said City Local Improvement District No. 24 for Rexburg, Idaho, for the purpose of causing certain streets and alleys 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 curbs, gutters, drainage facilities, sewers, and other work incidental to all of the foregoing improvements along said streets within said district, and WHEREAS, the City Engineer and the Committee on Streets of said Council; made out an assessment 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 Clerk on the 3rd day of December, 1980, and gave the required legal notice that written objections to said assessment roll might be filed with the City Clerk and that said Council would hear and consider any objections to the assessment roll on Monday, the 29th day of December', 1980, at 5 o'clock P.M. at the City Hall in said City and that at said specified time and place the Council would hold a hearing to hear and determine all objections to the regularity of the proceedings in making such assessment, the correctness of the assessment, and the amount levied on the particular lots or parcels.in relation to the benefits accruing thereon and in -59- f I C 1 relation to the proper proportionate share of the total cost of the improvement, and WHEREAS, notice was further given that in revising the assessment roll after such hearing, the Council may increase any assessment or assessments up to twenty (20) per cent of the original amount thereof without giving further notice and holding a new hearing thereon, and WHEREAS, said Council met at said time, place and date to hear and consider all objections to the assessment roll and to hear and determine all objections to the regularity of the proceeding in making such assessment, the correctness of assess- ment, the amount levied on each particular lot or parcel in relation to the benefits accruing thereon, and in relation to the proper proportionate share of the total cost of the improve- ment, all pertaining to the Local Improvement District No. 24 in Rexburg, Madison County, Idaho, for the purpose of causing certain streets and alleys 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 curbs, gutters, drain- age facilities, sewers, and other work incidental to all of the foregoing improvements along said streets within said District, and WHEREAS, one written objection was filed and after discussion was withdrawn; that no other objections,either written or oral, were filed or made, and WHEREAS, the Council did not find it necessary to increase any assessment, and WHEREAS, each lot or parcel of land upon which such assessment is levied is benefited to the amount of the assess- ment levied thereon subject to appeal as provided by law. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF REXBURG, IDAHO: SECTION I. The City Council of the City of Rexburg, Idaho, hereby confirms the assessment roll in relation to the benefits accruing thereon as a result of the improvements being -60- made, and filed with the City Clerk for Local. Improvement District No. 24 for Rexburg, Idaho, for the purpose of causing certain streets and alleys 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 curbs, gutters, drainage facilities, sewers, and other work incidental to all of the foregoing 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 amount of assessment listed therein. SECTION II. Upon passage of this ordinance, the City Clerk shall immediately certify and file the confirmed assess- ment roll with the City Treasurer and the assessments therein shall be due and payable to the treasurer within thirty (30) days from the date of the adoption of this ordinance. The confirmed assessment roll and the assessments made thereby shall be a lien upon the property assessed from and after the date of the passage of this ordinance and filing with the County Recorder a notice to be recorded, containing the date of the confirming - ordinance, and a description of the area or boundaries of the District. The Council hereby determines to make assessments unpaid at the end of said thirty (30) day period payable in instalments and to issue and sell instalment bonds payable from such unpaid instalments as herein provided. Any property owner who has not paid his assessment in full within the said thirty (30) day period will be and is hereby conclusively presumed to have chosen to pay the same in instalments. The unpaid assessment shall be payable to the City Treasurer in ten sub- stantially equal annual instalments of principal, however, the first and last instalments may be more or less than the remaining ones, and there shall be issued in the name of the City of Rexburg, improvement bonds of such improvement district, which shall include all the property included within the district, liable to assessment for such local improvement. The first of -61- the instalments of principal shall be due and payable within one year from the date of said bonds, and the remainder of said instalments 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 instalments of principal at the rate of Nine per cent (9°s) per annum, said interest running from the date of the passage of this ordinance, irrespective of the date of its official publication, and being payable at the same time and place as the instalment payments of assessments. Failure to pay any instalment, whether of principal or interest, within twenty (20) days from the date it is due, shall cause the same to become delinquent, and the treasurer shall add a penalty of two per cent (2%) thereto, and failure to pay such delinquent instalments of principal and interest shall cause all unpaid instalments against any property to pay the cost and expense of such improvement to be immediately due, payable and delinquent and a delinquency certificate will be issued against said property for the whole of the unpaid assessment against it, in the manner provided by the Local Improvement District Code of the State of Idaho and the laws amendatory thereof and supplemental thereto. Prior to the issuance of a deed, the owner may pay the amount of all unpaid instalments, with all interest and all penalties accrued, and shall thereupon be restored to the right thereafter to pay in instalments in the same manner as if default had not been suffered. In the event that any property owner should choose to pay his assessment in full after such time as it has been conclusively presumed that he will pay in instalments, such payment in full shall include the full amount of the unpaid assessment plus penalties and all interest payable on the same plus additional interest thereon at the rate provided in the bonds from the date of the last instalment due to one (1) year after the next interest date of said bonds. SECTION III. Upon - passage of the Assessment Roll the City Treasurer shall mail a card or letter to each property -62- owner assessed at his post office address if known, or if unknown, to the post office in Rexburg, Idaho, the municipality where the improvement is being made, stating the total amount of his assessment, plus the substance of the terms of payment of the same as set out in this ordinance. An affidavit of mailing of the notice shall be filed before the day of delin- quency in the office of the City Treasurer in the file of Local Improvement District NO. 24. SECTION IV. The said notice (card or letter) shall be in substantially the following form: -63- NOTICE TO OWNERS OF REAL PROPERTY IN LOCAL IMPROVEMENT DISTRICT NO. 24 OF THE CITY OF REXBURG, IDAHO. NOTICE IS HEREBY GIVEN to the owners of real property in Local Improvement District No. 24 of the City of Rexburg, Idaho, that the City of Rexburg has levied an assessment against the real property within said Improvement District to pay the cost and expense of street improvements therein as provided by Chapter 17, Title 50, Idaho Code. That said assessments and the amount thereof which are levied against each parcel of property are set forth in the Assessment Roll on file in my office, which Assessment Roll is hereby referred to and by reference made a part hereof. The time for payment to begin if the payment is made in full, is Wednesday, the 18th day of February, 1981, and the time for payment to close, if in full, is Monday, the 30th day of March, 1981, and said payments are payable at the oftice of the City Treasurer in the City of Rexburg, Idaho. YOU ARE FURTHER NOTIFIED that the owner of any piece of property liable for any assessment may redeem his property from such liability by paying the entire assessment chargeable against his property, and that if payment is not made within the time herein specified, bonds will be issued which will be alien on said property as provided by law. Assessments, if not paid in full at this time, will be payable in ten substantially equal annual instalments of principal, however, the first and last instalments may be more or less than the remaining ones. The first of the instalments of principal shall be due` - -'and payable within one year from the date of the bonds, and the remainder of said instalments 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 instalments of principal at the rate of Nine per cent (9 %) per annum, said interest running from the date of the passage of this ordinance, irrespective of the date of its official publication, and being payable at the same time and place as the instalment payments of assess- mani -a_ Dated this 18th day of February, 1981. City Treasurer of the City of Rexburg, Idaho. THE TOTAL AMOUNT OF YOUR ASSESSMENT IS $ -64- 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 provisions of this ordinance. SECTION VI. That all ordinances or parts thereof in conflict with this ordinance are hereby repealed. After the bonds of said Local Improvement District No. 24 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 and remain irrepealable until said bonds and the interest accruing thereon shall have been fully paid, satisfied and discharged.; SECTION VII. 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 ordi- nance 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. SECTION VIII. Immediately upon passage of this ordinance confirming the assessment roll, the City Clerk shall file with the Madison County, Recorder a notice which shall contain the date of the confirming ordinance and a description of the area or boundaries of the district. PASSED by the City Council of the City of Rexburg, Idaho, this 18th day of February, 1981. APPROVED by the Mayor of the City of Rexburg, Idaho, this 18th day of February, 1981. APPROVED: (Seal) ATTEST: Cie -65- STATE OF IDAHO,- ) (SS County of Madison.) I, ROSE BAGLEY, 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 CONFIRM- ING THE ASSESSMENT ROLL, AS CORRECTED, FOR LOCAL IMPROVEMENT DISTRICT NO. 24 IN REXBURG, IDAHO, FOR THE PURPOSE OF CAUSING CERTAIN STREETS AND ALLEYS AND PARTS THEREOF WITHIN THE CORPORATE LIIāœ“fITS OF SAID CITY TO BE GRADED, RE- GRADED, GRAVELED, PAVED, RE -PAVED AND OTHERWISE I14PROVE CERTAIN STREETS WITHIN THE DISTRICT AND TO CONSTRUCT AND RECONSTRUCT CURBS, GUTTERS, DRAINAGE FACILITIES, SEWERS, AND OTHER WORK INCIDENTAL TO ALL + OF THE FOREGOING IMPROVEMENTS WITHIN SAID DISTRICT; ORDERING ASSESSMENTS TO BE MADE IN ACCORDANCE WITH THE ASSESSMENT ROLL AND PRESCRIBING DETAILS CONCERNING SAID ASSESSMENTS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND DECLARING AN EMERGENCY ", passed by the City Council of said City and approved by the Mayor on the 18th day of February, 1981. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said City this 18th day of February, 1981. City Clerk. (Seal) -66 Councilman Sander Larsen moved the adoption of said ordinance, which motion was seconded by Councilman Nile Boyle. The Clerk was then instructed to call the roll on the passage of the Ordinance and the roll call on said passage of Ordinance No. 631 resulted as follows: Those voting AYE: Sander Larsen Nile Boyle Norris Reese Morgan Garner James Morris Darlene Blackburn' 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. 631 in full immediately in at least one issue of the Rexburg Standard - Journal, a newspaper published in the City of Rexburg, Madison County, Idaho. The Mayor inquired if there were any further matters pertaining to Local Improvement District No. 24 to come before the meeting or to be discussed and acted upon. Having determined that there was nothing further to be considered pertaining to Improvement District No. 24 at this meeting, the Mayor then proceeded with other matters. Ma ,or :- (Seal) ATTEST: i City Clerk. -- -67- { STATE OF IDAHO, ) COUNTY OF MADISON, )SS CITY OF REXBURG.- ) I, ROSE BAGLEY,.the duly chosen, qualified and acting Clerk of the City of Rexburg, County of Madison, State of Idaho, do hereby certify that the foregoing pages numbered to , 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 18th day of February, 1981, 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 meeting therein shown was duly held, that the persons therein named as present at said meeting were present as shown by said minutes, and that all the members of the City Council were duly notified of said meeting. WITNESS My hand and the seal of the City of Rexburg, this 18th day of February, 1981. City Clerk. (Seal.) -68- STATE OF IDAHO, ) COUNTY OF MADISON, )SS CITY OF REXBURG. ) RICHARD HORNER, being first duly sworn, upon oath, deposes and says that he is and was at all times herein mentioned, the duly appointed, qualified and acting Treasurer of the City of Rexburg, Madison County, Idaho. That, acting as such Treasurer, on the 19th day of February, 1981, he deposited in the United States mail, postage prepaid, envelopes addressed to each owner of property at his post office address, if known, or if unknown, to the post office' in Rexburg, Idaho, the municipality where the improvement is being made, and that in each of said envelopes was contained when mailed a true and correct copy of the Notice of Assessment to property owners stating the total amount of his assessment plus the substance of the terms of payments of the same as set out in Ordinance No. 631 confirming the assessment roll. . Further affiant saith not. %f/ 1 Subscribed and sworn to before me this 20th day of February, 1981. (Sea)-) Notary P)ablic, residing at Rexburg, Idaho. My commission expires: Life. -69-