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HomeMy WebLinkAboutORDINANCE NO. 598 LID 23ORDINANCE NO. 598 AN ORDINANCE CONFIRMING THE ASSESSMENT ROLL, AS CORRECTED, FOR LOCAL IMPROVEMENT DISTRICT NO. 23 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, SANITARY SEWER MAINS AND SERVICE LINES, WATER MAINS AND SERVICE LINES, DRAINAGE FACILITIES, A CANAL BRIDGE, AND OTHER WORK INCIDENTAL TO ALL OF THE FOREGOING IMPROVEMENTS WITHIN SAID DISTRICT; ORDERING ASSESSMENTS TO BE MADE IN ACCORDANCE WITH THE ASSESS- MENT 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. 23 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, sanitary sewer mains and service lines, water mains and service lines, drainage facilities, a canal bridge, 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 1st day of November, 1978, 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 27th day of November, 1978, at 7 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 -64- d p ORDINANCE NO. 598 AN ORDINANCE CONFIRMING THE ASSESSMENT ROLL, AS CORRECTED, FOR LOCAL IMPROVEMENT DISTRICT NO. 23 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, SANITARY SEWER MAINS AND SERVICE LINES, WATER MAINS AND SERVICE LINES, DRAINAGE FACILITIES, A CANAL BRIDGE, AND OTHER WORK INCIDENTAL TO ALL OF THE FOREGOING IMPROVEMENTS WITHIN SAID DISTRICT; ORDERING ASSESSMENTS TO BE MADE IN ACCORDANCE WITH THE ASSESS- MENT 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. 23 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, sanitary sewer mains and service lines, water mains and service lines, drainage facilities, a canal bridge, 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 1st day of November, 1978, 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 27th day of November, 1978, at 7 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 -64- assessment, and the amount levied on the particular lots or parcels in relation to the benefits accruing thereon and in 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 r any assessment or assessments up to twenty (20) per cent of the n original amount thereof without giving furthernotice 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 pro- ceeding in making such assessment, the correctness of assessment, 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 improvement, all pertaining to the Local Improvement District No. 23 in Rexburg, Madison County, Idaho, for the purpose of causing certain streets and alleys and parts thereof within the corporate limits i- 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, sanitary sewer mains and service lines, water mains and service lines, drainage facilities, a canal bridge, and other work incidental to all " of the foregoing improvements along said streets within said District, and WHEREAS, no objections were filed or made, either written or oral, to the regularity of the proceedings and the Council proceeded to hear and act upon all objections to the assessment roll as fully set forth in the minutes of said meeting so called and held for that purpose November 27, 1978, and on that date said assessment roll was revised and corrected, and WHEREAS, the Council did not find it necessary to increase any assessment, and -65- WHEREAS, each lot or parcel of land upon which such assessment is levied is benefited to the amount of the assessment 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 as so revised and corrected by them in relation to the benefits accruing thereon as a result of the improvements being made, and filed with the City Clerk for Local Improvement District No. 23 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, sanitary sewer mains and service lines, water mains and service lines,.drainage facilities, a canal bridge, 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 assess- ment listed therein. SECTION II. Upon passage of this ordinance, the City Clerk shall immediately certify and file the confirmed assessment 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 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 seven per cent (7 %) 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 -67- 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 i.t has booll conclusively presumed that he.w ll pay in it's t-aJ.ments, such payment in full shall include the full amount of the unpaid assessment plus:genal-ties9 and all interest.payable on the 'same plus additional interest tflereon 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 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 delinquency in the office of the City Treasurer in the file of Local Improve- ment District No. 23. SECTION IV. The said notice (card,or letter) shall be in substantially the following form: IM-Z 0 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. 23 for the City of Rexburq, .Idaho, have been heroafter .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 17th day of January, 1979. APPROVED by the Mayor of the City of Rexburg,Idaho, this 17th day of January, 1979. APPROVED: (Seal) mayor. ATTEST:,f✓ City Clerk. f. -70-