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HomeMy WebLinkAboutORDINANCE NO. 245 LATERAL SEWAGE IMPROVEMENT - SIGNED ..---..------ ....__.._._~_..._------_. -- --.-.-.. ---'--- --"-- ----_._..- ... . . --. -.... - .' .. ---. - ---_._--_.__...__.__..~._~ -----_... ~"'-_..._--~ ""'-"---'--'-- -~._._._._-_._--------- --'-'-'-' - ._~.__._-_.__.~----_._---_._----_.._---_._.. -.-., ORDINANCE NO. 245 AN ORDINANCE CREATING AND ESTABL ISH. ING A LATERAL SEWERAGE Ii.1PROVEMENT DISTR lOT TO BE CALIED LATERAL SEWERAGE IMPROVEMENT DISTRICT NO.1 IN THE CITY OF REXBURG, MADI~ON COUNTY, IDAHO; DESCRIBING 'rHE PROPERTY INCLUDED IN Sid]) IMPROV!~:MENT DISTRCT AND PROVIDING FOR THE CONSTRUCTION OF A SEWER SYSTEM THJ:R}~IN; PROVIDING THAT THE COST AND EXPENSE OF SAID IMPROVEM}:NT SHALL BE TAXED AND ASSESSED UPON ALT" THE PROPERTY IN SAID IMPROV}~MENT DISTrICT ,F"" ) AND ALL OF THE PROPERTY FRONTING ON THE STREETS IN SAID DISTRICT OTIPR TH.AN SUCH ~ ROPERTY "AS IS OCCUPIED BY STR}~ETS AND ALLEYS; AND PR:SSCRIBING THE METHOD OF SUCH ASSESSMENT PND TEE PAYMENT THE:1EOF; REPEAL ING ALL ORDINANC YS, RESOLUTIONS OR PAR TS THE~EOF, IN CONFLI CT HrBE- WITH: AND DECLARING AN EMERGENCY," BE IT ORDAINFD BY THE MAYOR AND COUNCIL OF THE CITY OF REXBURG, MADISON COUNTY, STA TE OF IDAHO: Secti on 1. That there be and is hereby created and established a lateral sewerage improvement district in the City of Rexburg, Madison County, Idflho, to be called "Latera.1 Sewera.ge Improvement District No.2" and that sai.d district shall consist of and include the following property, other than such property as is occupied by streets or alleys, in said City, t~-wit: All blocks, lo,ts, pi eces or par eel s of land front i ng on the str oe ts and avenue s within said boundaries, to-wit: Commencing 100 feet East of the northwest corner of BloCk 7, of the Rigby ) Addition to the City of Rex.burg, Madison Coun1ty, Idaho; thence south 1419 feet along a line 100 feet east of the east side of Third East Street to the south boundary of Block 10 of the Rigby Addition; thence west 1518 feet to a point 100 feet east of the southwest corner of Block 4 of the Parker Addition; thence south 759 feet to 4th South Street; thence west 299 feet to a point 100 feet west of the soutbeast corner of Block 6 of the Fnrker Addition to the Cit1 of Rexburg; thence north 1089 feet to the north line of Lot 5, Block 3 of the Parker Addition; this being the boundary line of Local Sewerage Improv~ment District No. one; thence following sa.id boundary line as follows: 149 foe t e [l s t I th en c e north 989 feet; thence east 379'~ feet; thence south 230 feet to the southwe::;t corner of Lot one of Block 50, Rexburg, thence eust ~30 feet; thence south 330 feet to the southern boundary line of Block 50; thence e3st 299 foetI thence north 66 rod s to the southern boundary line Of Lot one, Block one of the Rigby Addition; thence east 395 feet; thence south 429 feet to tho south edge of 1st South street, thence leaving said boundary of Local Sewerage Improvement District No. one, east 364 feet to the pluce of beginning, ) containing the following blocks, lots and parcels of land, to-wit: PARKER ADDIT ION Block Lot De to. i ~ d Descril)tion All of 2, west 230 fe at of 1 East 100 feet of 5 ') ~ East 100 feet of 8 All West 100 fe at of 2 West 100 fe e t.of 3 West 100 feet of 6 West 100 feet of 7 East 100 feet of 1 East 100 feet of 4 E&st 100 feet of 5 East 100 feet of 8 1 1 and 2 3 is and a 4 1 to 8 (Inc!) 5 2, 3, 6 and 7 6 1,4,5 and a - - -7 - - -.,r - "---- ---~7 - -. - n, - ~ --. - ~ aE:o.D.BARNARD STA.CO., ST ,LOUIS ._----~._-- . . _._---~..- -=:-;~--~"'~;-.::----::-_----:-;;-:::-. ----::,::- ---;:-::;.- ~- ,... -- --- .--..-,.--.-.----...-..---....- _._.,._.-.~ ~ ---------- ..-.- - . --..' +~.--- - ~------ .----.-.. -- - '.-.---.---..------. -~_._---- .- _..- --,,--. --..--- -.-.-.---- ---'--- --------.----- ORDINANCE NO. 246. _______ __u__~____~-- ---- ESTABLISHING AND CREA TING LOCAL ~. O. 12 OF 'tHE IDAHO, FOR THE CURBI~G , PARKING, PAVING AND FOR THE SIDE AND S ~R~ '~T S 1RE"}iJ TS OF SA ID C I 1'Y ; THE COS'l' ORDERING THE Y.AKING O:b"' SAID THE LOr-AI; SO CREA 1'ED EXGEP'l' 2'HE l!;XPENf.>E FOR S 1Rl~.B 2' ,::.~~ '-~ ," "........--..- ORDINANCE NO. 245 (Cbntinued' BL 0 CK LOT DETAILED DEPCRIPTION I j RIGBY AD;: IT ION 1 6, 7 an d 8 A 11 of 6 A 11 of 7 East 165 feet of 8 8 1 to 5 ( lne 1) 1 to 10 (lncl) West 100 feet of 1 to 5 inclusive 7 East 230 feet of lots 1 to 5 inclusive All Of lots 6 to 10 incl 9 All of block 9 ,. 10 1 to 6 (Inc l) West 100 feet Of lots 1 to 5 inclusive llEXBURG 50 2, 3 and 4 South 230 feet of Lot 2 All of lot 3 West 230 feet of Lot 4 Together with a certain portion of the city contiguous to 3rd West jtreet between 1st North and 1st South Streets, and described as follows to-wit; a tract of' land commencing one hundred feet west of the southeast corner of' Lot 1, Block 29, Rexburg, Madison County, Idaho, as per the recorded plat thereot; thence east 299 feet; thence north 330 feet through Block 30,100 feet east of boundary line of said block 30; thence west 299 feet; thence south 330 feet to place of beginning, containing the following Blocks, Lots and parts of lots, to-wit: BLOCK LOT DETAILED DESCRIPTION 29 1 East 100 feet of Lot 1 30 2 West 100 feet of Lot 2 Section 2. That there shall be constructed in said Lateral Sewerage ", l Improvement District ~o. 2, a Lateral gravity sewerage system that will efficiently sewer and drain the sewerage of the property of svid district including the cellers and bose- ments on such property, t hough conduits or pipes of cement or vitrifi ed clay cemented together and laid in trenches beneath the earth's surface, to and into the main trunk sewer line now being constructed by said city, together with all the necessary man holes, ", house co nne c t ions, 1'1 ush tanks and appurtena.nces, all in a cc ordanc e wi th plan sand ...,,/ specifications heretofore prepared by HUddleson and Fiero of Salt Lake Oity, Utah, hereby appointed by the Mayor and Oouncil and now on file in the office of the City Clerk and hereby referred to for greater certainty. Section 3. That the full co st and expense of'making the improvement des- cribed in Section 2 of' this Ordinance shall be taxed and assessed upon all property in- eluded in said Lateral Sewerage Improvement District ~. o. 2 as descri bed and specified .~ ~ A. -...... .. --.. .. -- - - -- - - -7 - - -.- -- - = 7 - - - - -- - - - = 7 - -- - - - - - - "_._._----_.~-_..__._.- ._~ - --. . - . --- . - --- -----. - . -- ---- -- -- --. ---_._-~---_.._.__.- - ~- ------------- --_..._....,,_...-~_...~..._~... .- -----_._-_..~._----_._...-------~------ .__.~ -----.-_____-0__-___-.---.--.----- ~. - -- - - ---.-.. ...--.-- - .. --- - - --... -------..- -- ------.. '--- ---- .--...-.--.- --.----.----- -.--..----.---. ._- ---_.._-_...~--- in section 1 of this ordinance, and said cost and eXTJense shall be dssessed in proportion to the number of front feet <!lfr,such la.nds and lots ir:cluded in the said sewer improvement district and in proportion to the benefit derived by said sewerage improvement; and the cost and expense of all such improvements in the spaces fromed by the junction or inter- section of streets and avenues. and in the spaces opposi te alleys in said district shall be borne by the property abutting upon, contiguous or contributary to said intersection and shall be a lien upon said property, the same as any otl~r assessment against said property . in said district. . Section 4. That when the cost a.nd expense of making the improvements mentioned 1n section 2 of this ordinance shall r.ave been assessed upon any land ir:cluded in said n " ........,..;...;, .. ... ~atcral Sewerage Improvement District No.2, the amount of said cost a.nd expense so assessed upon any land included in said Lateral Sewerage Improvement District No.2, the amount of said cost and expense so assessed shall become a lien upon said land, which lien shall take precedence od all other liens, and may be foreclosed in accordance with the provisions of the code of Civil Procedure. Section 5'. Upon paesage of this ordina.nce the commi ttee on stI'eets in said city, together with the City Engineer. shall determine as nearly as can be done, the amuunt of money to be assessed and coJ.lected to pay costs of said irr.provement in acc- ordance with the estimate of such cost as set forth in the Ordinance of intention to create said Lateral Sewerage Improvement District No.2 and thereuuon the said committee on streets and said Ci ty Engineers shall make out an assessment 1'011 according to the provisions of this ordinance, and the sta.tues of the State of Idaho, in such case made and provided, and ahallcertify the Bame to the City Council of such city and file the same in the office of the City Clerk; and thereupon the City Clerk shall give notice by two (2) successive publications in the "Rexburg Journal," the official neWS'Daper of such city, that such aaseSsE1ent roll is on file i1)11is office, and the date of filing the same, and said notice shall state a. time at which the city council of said city will hear a~d consider vbjections to said assessment roll by the parties or any party aggrieved by such assessment, and the owner or owners of any property which is assessed by such assese- merit, and the owner or owners of any pro-perty which is assessed by such assessment roll, whether names or not in such roll, may within ter; (10) days from the date of the last 1Jublication of said notice, file with the clerk 1,)1' SC:.i.id city his objections in writing to said assessment, or any 'Dart thereof, which objections must be definite and 6~ecific as to tl~ proTJerty or pieces of property included in such assessment roll to which said objection was made, as well as specific grounds of such objection; and said assessment roll shall state the name or names of the owner or owners of each piece or parcel of land assessed, the block and lost number of each saie piece or Da.rcel of land as the same is platted and recorded, the character of the improvement, for which each piece or parcel of land is assessed, the frontage of said lot, block, piece or parcel of land. and the to tal amount asse ssed against all 0 f said property. Section 6. That said cOIT~ittee on streets, and said City Engineer shall be governed in the preparation of said assessment roll, in addition to what is herein contained ~ by all the provisions of the statutes of the State of Idaho. relating to the assessment of TJroperty ir: Lateral Sewerage Districts, Said Assessments shall be payable in ten equal annual installerrtna and at the lawful time special assessment bonds will be issued for the ~uruose of paying the cost of Baid improvements. Section 7. All ordinances, resolutions, and orders, or parts thereof, in conflict herewit h, are hereby repealed. -- - - --} - - -." - - c:J/ -'~E_o..D, ~AR.f<I"'~,.D ST,....~O_.~ ~!~,~O~I~ ___-;::-:.,-:-=~==::=:.~::~..::~~_~;.:;c;,;.=;-;.~;,;-;:-.-:--~=::-..=:;:;.;......----==o".::-:-::::..:~.-:-=::;:":,,:.'~::,--~:-::":;:'.===':==':="~~'.~=.;:-';;:;.- :..:_;;:=.:-:;:;;,:'~=-~':~.=~ ..../ .~. --..---- ....._- -_.---,.-._---- "-~-,"-'.",, -..,.-. -- -..,. ,~--- ,- ---..-- ..-- ,....--.-- L-> / .,-.-.,----.--.--- ----,,- ._.~- ---. -,._- -.-----.--.-.' -.- "" --- -- Section 8. This ordinance is enacted for the purpose of constructing a lateral sewer system in said city, which improvement is deemed by the council to be necessary to imrriedi~te ~ublic peace health and saftey, and an emergency is hereby declared, and this ordinance shall be in full force and effect from and after its passage, approval and publication according to law. PASSED April 9th, 1920. APPROVED: April 9th, 1920. (8 E A L ) ((//!/fh ,_ // 1/ Attest: C2if.;9~~ - C t.y Clerk. 'J 'f ......~."'. ..~,.If .~ .