HomeMy WebLinkAboutORDINANCE NO. 253 LSID 1 - SIGNED
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ORDINANCE NO. ill
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"AN ORDINANCE APPROV1NG AND CONFIRMING THE PROCEEDINGS HAD AND TAKEN IN
CREATING AND ESTABLISHING LOCAL SEWERAGE I1'IPROVEMENT DIS1RIC l' NO.1. OF THE CI TY OF
REXBURG, MADISON COUNTY, IDAHO. AND IN MAKING THE ASSESSMENT FOR THE CONSIRUCTION OF
SEWERAGE IMPROVEMEN'l'S AND 01'HER INCIDENTAL IMPROVEMENTS 'l'HEREIN; APPROVING AND CON~
FIRMING TliE ASSESSMENT ROLL PREPARED BY THE CI'IY ENGINEER AND COMMI TTEE ON S!REETS,
AND THE ASSESSMEN1' LEVIED BY VIR lUE THEREOF ON THE PROPER TY IN SAID LOCAL SEWERAGE
IMPROVEMENT DISmICT NO.1, AND PROVIDING FOR THE PAYMENT OF SUCH ASSESSMENT IN 1EN
(10) EQ,UAL ANNUAL INSTALLMENTS, 10GETHER WITH INTEREST AT 'l'HE RA'IE OF SIlt (6) PER
CEN'IUM PER ANUM; PROVIDING FOR THE FORECLOSURE OF THE LIEN AGAINST AND SALE AND
PURCHASE OF PROPER'rY IN SAID IMPROVEMENT DISIRIC T UPON WHICH ANY OF SAID SPECIAL
ASSESSMENTS SHALL HAVE BECOME DELINQ,UENT; REPEALING ALL ORDINANCES AND REQ,OLU TIONS,
OR PAR TS 1'EEREOF, IN CONFLIC T BEREWI TH, AND DECLARING AN E:MERGENCY."
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WHEREAS, Heretofore and on the 2nd day of Ootober, ~. D. 1919, there was
passed and approved by the mayor and city council of the city of Rexburg Ordinanoe
No. 23" wherein and whereby Local Sewerage Improvement District No.1, of the city
of Rexburg, was created for the purpose of constructing a sewerage system therein; am
,WHEREAS, In pursuance of said ordinance and as E.quired by the laws of the
state of Idaho, there was prepared by the city engineer and committee on streets an
assessment roll assessing against each Ivt and parcel of land within said Local Sewe~
age ImprovementF:pistriot No. r: ita proportionate share of the cost of making said
improvements, and said assessment roll was filed in the office of the city clerk on
the 11th day of June, AnD. 1920, and
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WHEREAS, In form, time, and manner, as required by law, the city clerk did
give notioe of filing of said assessment roll, of the time within which nrotests aga-
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inst the same might be filed, and stating the time when and place where the city
oouncil would meet to consider said protests. and
WHEREAS, Eash and a.ll of the proceedings in the making of the assessment
for the cost of the creation and organization of Looal Sewerage Improvement Distriot
No.1 of the city of R.xburg, and the construotion of a sewer system therein have
been and are regular and in due form of law acoording to the ststutes of the stste
of Idaho, and the assessment roll prepared by' the oi ty engineer and the oommittee
on street~, for the assessment of the property in said Looal Sewerage Improvement
. District No.1, of the oity of Rexburg, 1s found to be correct and in accordance with
the constitution and ststutes of the state of Idaho.
Now, Therefore, By Reason of
.remises,
BE I T ORDAINED BY THE lJIAYOR
TY COUNCIL OF THiil cr TY OF REXBURa,
lLADISON COUNTY, IDA.HO:
Seotion 1. That the assessment roll prepared by the ci ty engineer and
the oommittee on streets of said city, and filed withthe city olerk on the 11th day
of June, A. D. 1920, and all proceedings of said mayor and ioty counoil of said city,
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and said city engineer and committee on streets in making such assessment, be, and
the sam., are, hereby approved and confirmed, and the regularity, validity, and
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correctness of said assessment to the amount thereof levied on each lot, piece, or parce
of land in Local Sewerage Improvement District No.1, of the city of Rexburg, as describ d
in said assessment roll, shall be and is finally determined, and said assessment shall b1
and is hereby levied upon and declared a lien against all the property situated in said
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improvement district, as described and contained in said assessment roll, as and to the
amount set forth in said assessment roll; and it is hereby determined and declared that
each piece or parcel of property named in said assessment roll isbenifited by said
land in said Local Sewerage Improvement District No. I may be paid in ten (10) equal
improvement to the full amount of said assessment acainst such ~iece or parcel of proper y.
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S.ction 2. That the assessment levied against the lots, pieces, or parcels of I
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annual installments, the first installment to fall due on and become delinquent immed-
iately after ~ th~ a'ourth Monday in December, A. D. 1920, together wi th interest on all
unpaid in8t~lQm.nts at the rate of six (6) per centum per annum, and such installments 0
as shall be provi.d.ed by lay and the charter and ordinance~ of the c.i ty of Rexburg, Ida
said asse8'Bment~ together wi th the interest thereon, shall be collected in such manner
Section 3. The owner or owners of any lot, piece, or parcel of land charged
with any assessment for the improvements made in Baid Local Sewerage Improvement Distric
No.1 of the city of Rexburg, may redeem the same from all liability for such assessmen
by paying the entire assess~nt charged against such lot or parcel of land, without
interest, within thirty (30) days after the first publication of the notice to hom of su h
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assessment fiven by the city treasurer, by publication in the official newspaper of saidlcity
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for two consecutive weekly issues. I
Section 4. The owner or owners of any lot, piece, or parcel of land charged
with an~ such assessment, may redeem the same from all liability for such assessment at
any time after said thirty (30) days by paying all the installments of the assessments
which have been levied and remain unpaid, and also the amount of all the installments levied
or unlevied and remaining to be paid, with interest at the rate of six (6) per centum
per annum from thirty (30) days after the date of the first publication of said notice
by said city treasurer to the time of maturity of the last installment of said assesBme~.
Section 5. And all such assessments shall be known as "Special assessments for
improvements" and shall be levied and collected as a separate tax in addition to the
taxes for general revenue purposes, and placed on the tax roll for collection, subject to
the penalty and collected in the same manner as other oity taxes for said city of
Rexburg .
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Section 6.
That the .mayor and city council of said city of Rexburg may issue,
in the name of said city, improvement bonds of Local Sewerage Improvement District No.1,
of the city of Rexburg, none of which bonds shall run longer than ten (10) years, nor
bear interest exceeding six (6) per centum per annum, and the issuance of which bonqs
shall be provided for in an ordinance to be hereafter adopted by this council.
Seotion 7. That in case any installment or installments of the special tax
levied against any property or parcels of land in said Looal Sewerage Improvement Distriot
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No.1, by this ordinance or by any amendment or amendments thereto, shall become delin-
quent said city of Rexburg shall and will commence, file, and diligently p+osecut~ a suit
in a oourt of Competent jurisdiotion to foreolose any and all lien, or liens, created by
said special tax levy. and the said city shall take all necessary steps in said suit to
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procure a decree and judgment of foreclosure and sale of the property and parcels
of land so subject tp fpreclosure and sale. The city clerk of the city of Rexburg
shall be present at any such sale and shall, for an~ on behalf of the city of
Rexburg, bid and offer to pay for said property or parcels of land a sum of money
equaling the said delinquent installment, or installemtns, of the special tax ment-
ioned in this ordinance, together with all interest and penalties thereon, and all
C"~ts of such suit, foreclosure and sale. In case such bid or offer of.the said city
be accepted and the property or parcels of land be awarded and sold to the ci ty of
Rexburg, then and in such event the city clerk shall draw a warrant on the city
treasurer for the amount of such bid, and in favor of any payable to the proper
person or officer conducting the sale, and shall take a deed, or deed, to said
pr~perty or parcels of land in the name of the city of Rexburg, as grantee, and the
said per son or offi cer conduc t ing said s&le shal thereupon pre sen t f:l\;l.ChiWarran t for
payment, and the ci ty treasurer shall promptly pay the same out of t.he general fund
of said ci ty, and the proceeds of such sale to the amount of the delinquent install-
ment, or installments, of said suecial assessment, together with all interest and
penalties thereon, shall be deposited in the fund hereby cr.eated to be known as
"Local Sewerage Improvement Dictrict No.1 Bond, Interest, and Sinking Fund," and
said city treasurer shall apply the same to the payment of the principal and interest
of the said improvement district bonds, which may the~;be or thereafter become due.
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The ci ty shall hold such property or parcels of land and use the same for a.ny
purnoee authorized by law, or the said city may sell the same and anuly The proceeds
of such sale in the manner provided by law.
Section 8. That all ordinances, resolutions, and orders, or parts thereof,
in oonflict herewith, are hereby repealed, and this ordinance being necessary for
the immediate preservation of the~blic health, peace, and saftey, and emergency
is hereby declared to exist, and this ordinance shall be in full force and effect.
immediately after its passage and publication as provided by law.
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PASSED BY the city council this 15th
day of July
A.J?. 1920.
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APPROVED: July 15th,
A.D. 1920.
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(S E A L )
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Mayor
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"EXHIBI l' H"
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STAm OF IDAHO )
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COUNTY OF MADISON ) S8.
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CI TY OF REXBURG )
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. the undersigned, being
first duly sworn, upon oath depose and say:
1. That I am one of the publishers of the
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"The Rexburg Journal," a weekly newspaper printe
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and published in the oi ty of Rexburg,. In Ma.dison. :'.'
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County, Ida.ho, and having a gemeral circulation
therein, and being the official newspaper thereo .
2. That Ordinance No.
of said cit of
Rexburg, Passed and approved
, A. D
19~0, of whioh the attaohed is a true clipping, II
was publi shed in the _, A. D. I
1920, issue of said newspaper, and not in any su ple-
ment thereof.
3. That said newspaper has been printed
published weekly in said city of Rexburg, and
continuously and uninterruptedly therein for
than 78 weeks prior to the publication of said
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ordinance.
Idaho, this
SUBSCRIBED AND SWORN 10 Before me, in the city of Rexburg, in Madison County
My Commission expires
Day of
, A.D. 1920.
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Notary Public for the state of
Idaho, residing at Rexburg, In
Madison County.
Ordinaae No. 2,4 1s void on account of improper disoriptions.
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