HomeMy WebLinkAboutORDINANCE NO. 256 LID 12 - SIGNED
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Ordinance Book, City of Rexburg,Rexburg, Jdaho
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ORDINANCE IOQ.2S6
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All QRDINANCE CONFIRMING THE CREATING .AND ESTABLISHING OF LOCAL IMPROVDNT
DIS'lRIC T NO.. 12 IN THE CI TY OF ~XBURG, IDAHO, APPROVING THI ASSBSS!lINT ROLL FOR
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SAID DI~mICT AS FILED IN THE OFFIXB: OF CITY CLJmK ON THI NlNETH DAY OF JULY, 1920;
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PROVIDQG FOa THI rPAYMJIN'I' BY INSTALLMllNTS OF THE COST AND EXPENSES OF 'I'D IllPROVll-
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MEN 1'8 MADE IN SAID DIS DiU C T; PROVIDING FOR THII I SeflNClI OF IMPROVIDIlUT T BONDS OF THI
\ ,DIsmICT; ASSESSING A S~ OF THE COST OF SAID IMPROV1llMBNTS~AINST THE LOTS, AND
PARTS OF LOTS, BLOCKS AND PARCELS OF LAND IN SAID DISTRIOT J'BONTING OB ABUTTING".
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ON, CONTIGUOUS OR 'lRIBUTARY ro SAID IMPROVEMENTS ACCORDING '1'0 THII BENEFITS: AND
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DESCRIBmD THE MANOR FOR TH1I COLLECTION AND PAYMENT OF SAID ASSESSMENT; RBPIIAL-
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ING ALL ORDINANCES AND RESOLUTIONS OR PARTS THERBX>F IN CONFLIOT HQICWI TH, ,~D DR.
CLARING AN EMERQENCY..
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r Whereas, the City Council of the City of Rexburg, County of Uadiaon,
sta 1JI of Idaho, has heretofore, pursuant to the requiBi te prelimenary prooeedinge
and ordinanoe No. 2,0 adopted on the 24th day of June, 1920, and approved the aame
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~~. e.tablishing Local Improvement Dietrict No. 12 in said C~y, for the purpose
of grading, ourbing, parking, paving, the conetructiona of 8ide-wat.a, croe. w.lk8
..a~eet oroBsinga and Bvface draining certain atreetl and parts of street. of laid
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_ City. And
WHEREAS, Said improvements have been made and completed and duly .~.p~.~
accepted by the said City; and
WHEREAS. The COmDmttee on Roads a.nd Bridges, being the committee on streets
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_ together w1 th the Ci ty ling ineers, have heretofore in striot conformi ty wi th the law
andordiuncee ofl eaidCity,' ,made out an asseasmlnt roll in and for Bai4 Looal Im-
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provement District No. 12 and oertified the same' to the City Counoiil. fixing the
(Total. coat of. the improvementa therein at the sum of
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, -i8 apportioned to and to be
ot whioh aait lum
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-~a14 117 tlW City of lI.n"!s. ....4 a.....i.. tbJI1lalanoe of ..14 19JD. via,
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against the lota and parte of late, blooks and
.pa.roela of land fronting, abuttiIli en or oontiguou8 to .aid improvemente in said
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d.1et171ot in proportion to the beneri t. derivred by Baid improvements, whioh aBseS8-
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ment rol~ bae b~en heretofore dUly ratified, ap~roved and oonfirmed by order of the
City Gounail made and enter.don the 4th day or August, 1920, and
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J; f'~ ..,~. .~, WHEREAS, It i8 in the opinion of the Mayor. and C~ ty C.unoil of the Isid
: City that~ tha 00 at and expenee of the improvements made in said. Looal Improve ment
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Distriot No. 1:,2, w~oh, 1s o~rg.abl. to th! abutting adjoining, oontiguous ar app-
ro~imate ~ropert. should be provided for and paid for by installments, instead of
levying the entire tax or speoial a8seesmenta for suoh ooet8 at one time; and
WHERlIAS, The Mayor and City Council of said City desire to issue in the
name of the City, Improvement bonde of the diwtrict,' to bear date, the First day
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of
, payalbe on or before ten years from date, subjeot, however, to
call of the TreaBurer.
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Ordinance Book, City of Rexburg, Rexburg, Idaho
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NOW THEREFORE, BE I l' ORDAINED BY THE MAYOR AND COUNCIL OF TO CI TY OF REXBURG,
IDAHO:
SECTION I. That all prooeedings, matter. and thi ng. heretofore taken, had and
done in oonneotion with the estab11s~t of'Looal Improvement Distriot No. 12 in the City
of Rexburg, Idaho, the construotion therrin of the improvements, consisting of grading.
curbing, parking, paving, the oonstruotion of ' side-walk., oross walks, street o~assing.
and surface draining oertain streeta and part. of street. of aaid City, the apportionment
of the oost of said improvemants against the lots, block. and parcela of land in said
distriot (inoluding the portion assessed against the City of Rexburg in consideration of
benefits aooruing to the general public by reason of suoh improvement) be and the;same are,
hereby, in all respects, fully approved, ratified and oonfirmed.
SECTION 2. That the oost and expense of .aid improvements, consisting of grading~ I
curbing, parking, paving. the oonstruotion of side-walks, oross walks, street orossi~
and surface draining oertain streets and part. of streeta of 8aid City within the boundaries
of laid Looal Improvement Distriot No. 12 whioh is ohargeable to the abutting, adjoining,
contiguous or approximate property, be paid for by installments, consisting of ten equal
installments. payalbe as provided by law in eaoh of the year.
to
inclusive.
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SECTION 3. That there be issued in the name of the City of Rexburg, Improvement
bonds of sald Looal Improvement Distr'1ot N"o. 12, not exceeding the attregat. prinoipal' am-
ount
the exaot amount thereof to b~determined by oomputation after the amount paid in by prop-
erty owners to redeem from the lien of the assessment roll shall have been hereafter deter-
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mined, said bondl shall bear date the
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, 'and shall bear in-
terest at the rate of eeven per cent per annum payalle semi-annually' on the Yirlt day of
February and the First day of August' of each year, said 'intereat to be evidenced by ooupons
attaohed to said bondl. Said bonda shall be numbered in regulary and oonseoutive order com-
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mencing wi th number one, shall be denominations of Five Hundred tJ 5'00.:00) , Dollars each
exoept the last bond which may be in auch sui table amount a. may be '1"equirecl to make the
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total issue oonform to the amount hereby authorized, all otwhi ch bondl lhall be payabl:e.en
or before ten year. from date, sUbjeot, however, to call et the caft treasurer a. prGvide4
by Chapter 163, Ar'ticl.' 6 of the Idaho Cemp11ed Sta.tute. of 19'19 ~ Baid bond. and thl OOUP"",
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thereto attached shall be payable at the office of thl Oitylrea.urer of the City ot~'Jtburl
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or at Kountze Bra thers, Banker. in the Oi ty and Itate ot New York, Uni te. state. ~-r-America.
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at the option of the holder.
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Said boncl. . haU "01 .iln.d. by the llayor and a tt..'ted 'by: the
Ci ty Cle rk and oountereigned. by the Oi ty. !lteaeurer ot thl Oi ty ot aezburl, Icluo ,e -&n.d..hall
bear the engraved fao aimile 'ailnature ot the kyor. Oity Clerk and Oity 'l'reaaurer ot eai4
City and when so exeouted .hall oo~itute the ~nd1ng obligations of said district for sa1d
interest.
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SECTION 4.
That'sa1d bondl and the coupons the~rto attached, with the exception
of the odd bond and its ooupons aa authorized by thia orclinanoe snall Deliri .ubstant1ally t..
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following form;
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The City ot Rexburg, Madison County, Idaho.
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InterEt Se~en Per c,nt per a~um
Payable semi-annually
Looal Improvement District No. 12
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Q&O.D..""HARD STA.CO., IT. LOUt.
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II Pr 11101 p..l "':d In tern t p..y..b 1. .. t c, the 0 f f1 O. 0 f the City Tr....ure.. R.xburg. Idaho,
II or ...t KO'fnt.. Brother., bankere in the City and St..t. of New York, United St..t.. ,of
, America.
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I Dated January l~t, 1921.
I Dated January Firat, 1931.
I United states of America, State of Idaho, City of Rexburg.
I No. .,00.00
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II The Oi ty of Rexburg, County of Madison, Sta.te of Idaho, for valqe received
~ herby promi... to p..y to the bearer the Bum of Five IlUndr xU .5'00.00 Dollar. in gold
II coin of the U~i ted ste. tea of America.,' or the equiva~ent thereof, in lawful money,
I on presentation and surrender of thB obliga.tion on or before the First da.y of January
1931, provided, however, that Wl18nev,er there 8.ha]). be auffici~nt money in the Looal
I Ir.'lp-rovemitnt Distrrict No-. 12 'oond interest a.nd sinking fund of ,said Pity over 8;ncl
I ~bove the amount sufficient for the paymat of interest on all unpaid bonde to pay the
principal of one or more bonds, the City Treasurer eral1 c~l in and pay euch bonde
in their numer,ioal order as by law provided, wi th interest therDn from the da te herDn
r ~ t .
I until paid, at the ra.te of se,ven per cent per annf,lm. payabl. semi-annually inlike
Ii medium on the first ,day of February and the Fir et da,Y -ot: August in eac~ year 6il the
I presentation and surrender of the proper coupons hereto attaohed, both princip~~ and
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! interrst payable at the office of the City Treasurer of Rexburg or at Kountz. Brothers
I Bankers t in the Ci ty and State of New York, at the option of the holder. If paYTnent of
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f this bond shall bemade as her~tobefore provided ~rior to the First day of January~
'1931, all interest coupons showing the date or dates ot maturity, 8ubsequent to each
dates of redemption, shall remain attached to said bonds and .e surrendered therewith.
" Thie bond is one of a series issued for the costs and expen~es for Local
street improvements in said Local Improvement District No. 12 as author~~ed by Zhapter
163, Article 6 of the Idahp Compiled Statutes of 1<n.9, and all other laws in conformi ty
wi th See,. ,426 of .A,rticJ.,e 6, Chapter 163, reciti11ij;.t~t, -The holder of a~y bond issued
under the authority of y. e ar ti,cle ehall have no olaim therefor against the munici-
pality by ~hiQh ~he same ie.i~sued, in any event, except. for the collection of the
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,. epecial aa.eesmen t made f.or - the 1mprovemen t for w:hich e&id bond was issued, but hie
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Yor thl oollection of the &sse.s~nt8 levied in said Local Improvemint
<"Distriot No. 12, the City of Rexburg, Madiaon County, state of ~, hereby pledges
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the exercise of lawful oorporate power 8.
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IN TESTl:MOJBrWBEREOF, The Mayor and Council of
this bond to ,D. signed:and. attested. by thll Clerk theNaf
tho City of Rexburg. have eaue'dl
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under the s8&l of the City of - I
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Rexburg, and countersigned by the City Treasurer aa of the Firat d~ of January, 1921.
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Mayor.
At te 8 t :
City Clerk.
Oi ty Treasurer.
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(Form o-f Coupon),
No
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On the cMly of
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, the C1 ty of. Rexburg ,l in the C()unty
of Madison, state of Idaho, will pay to bearer, Seventeen and ,O;.~OO Dollars in lawful
money of thl United States of America, out of the funds collated by speofal assessment in
Looal Improvement Distr1ct No. 12, at the office of the Ci.ty Trea.surer of the COi ty 'of
Rexburg, in the County at lIadison. state ot <Idaho,' or at" Kountze Brothlrs, -lIanker-s ot
the City and. state of New York, at the option of the holder, beilli six months dn-terest
on Local I~rovement District No. 12, Improvement Bond numbered
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da ted January
1st, 1921.
Attest
<'ac-simile a1gnature~
Kayor.
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(Fac-si~~le Signature)
01 tyClerk.
(Fac-eimil. ,'~ignature)
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Ci ty Treasurer.
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SEC1'ION,. !hat the whole coat ot the ilJlprovements made in laid Local Improve-
ment Diltrict No. 12 and. the apport1on..nt of the same as .et forth in the assessment
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amounts severally set forth in said aa..sement roll and.a. tolloWI, to-wtt:
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SECTION 6. That said alselsments, together with interest thereon at the
I rate of s¥ per oent per annum from the First day of January, 1921, being the date of
I the distriot bonds authorized by this ordinanoe until the maturity of the said bonds,
subjeot to r'demption as hereinafter provided, are hereby deolared to be a lien in the
several amounts asse.sed against eaoh lot or traot of land hereinbefore described, from
I, and after the final publication of thi. s ordinance, and shall have priori ty over all
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II other liene except general tax...
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'I SECTION 7. The owner of any piece of property liable for any speoial assels-
Iment herein made and provided for, may redeem hie property from euch liability by pay-
I ing the entire amount chargeable against his property, in the manner now prOVided by
Illaw.
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SEC TION 8.
The City Clerk is hereby authorized and directed to publish a
\ printed notice in three consecutive issues of the official weekly newspaper of the City
Which notice shall state that the bonds of Local Improvement Distriat No. 12 authorized
I and provided for in this ordinance, will be issued and whioh notice shall also Itate that
of said bonds &0 the time of maturity of last installment. All payments to redeem prior
to the issuance of bonds shall be made to the City Olerk, who Bhall receipt therefor,
and all Bums BO paid in said Local Improvement District No. 12, shall be applied to the
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redemption of the bonds issued therefor.
SECTION 9. The City Councilor other lawfully authorized offioers of Rexburg,
shall, for the purpose of ratifying and oonfirming the assessments hereby made, levy
speoial asseBsments each year hereafter 8ufficient to redeem an ~nstallment of bond with
interest next thereafter maturing, a8 issued pursuant to the provisions of tms ordinance
and in oomputing the amount of speoial aBsessment to be thuI levied against each pieae
of property liab~ therefor, interest at the rate of seven per oent per annum to the date
of next interest paying per~9d shall be inoluded in suoh levies sufficient to promptly
pay all intere.t $.S the same mature. aocording to the tenor of the respeative inter'st
ooupons aforesaid.
Whereas an emergenoy exist. thi. ordinance shall take effect from and after
it. passage, apprpval and publioation a. required b~ law.
P.A.SSBD !'hi. 4th 4&J ot AUluat, 1920.
APPROVID Thi. 4th da7 ot AUluat, 1910.
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MAYOR.
Atte.t:
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OIO.D..A~NAftDSTA,CO., IT. LOU'.
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be payable on or before ten ye~rs from date, subject, however, to call of the
City Treasurer aA provided by Chapter 103, Article 6 of the Idaho Compiled statutoo
of H'l~. said bonds and the courons thereto attached shall be paY;:.l.ble at the office
of the City Treasurer of the Cityof Rexburc, or d.t Kountze Brothers, Bankers in the
City and state of New York, United states of America, at the option of the holder.
Said bonds shall be signed by the Hayor and attested by the Cjty Clerk and Counter-
signed by the City Tre3.surer of the City of Rexburg, Idaho, and shall beQ.r the enf::ra..
ed fac simi le signature of the Mayor, City Clerk and City Treasurer of said City and
when so executed shall constitut,e the binding obligations of said district for said
interest.
SErTICN 2. That Section 4 of said ordnance No. 256, be amended and made
to read as follows, towit~
SECTION 4. That said bonds ~nd the coupons thereto attached, wit':"'J. the ex-
cept ion of the' odd 'bond and its co LApons as author ized by thi s ordinance sha 11 be in
substantially the following form:
No.
The City of Rexburg, Madison County, Idaho.
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Interest Seven Per cent Per annum.
paya b.le semi -annually
Local Improvement District No. 12.
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Improvement Bond.
$500.00
principal and Interest paYClble at the office of the City Treasurer, Rexburg, 1 daho or
at Kountze Brothers, bankers in the City and State of New York, United states of
America.
f Dated October 1st. 1920.
Due October 1st. 1930.
United States of lUnerica, State of Idaho. City of Rexburg,
No.
t'500.00
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The City of Rexburg, County of Madison, State of Idaho, for value received
hereby prO!nises to pay to the bearer the sum of Five Hundred ($500.00) Dollars in gold
coin of the United states of America, or the equivalent thereof, in lawful money, on
presentation and surrender of this obligation, on or before the 1st day of October
1930, provided, however, that whenever there shall be sufficient for the payment of in-
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terest and sinking fund of saldCity over and above the amount sufficient for the pay-
m~nt of interest on all unpaid bonds to pay the principal of one or more bonds, the
City Treasurer $hall call in and pay such bonds in their numerical order us by law pro-
vided ~ with interest thereon from the date hereon until paid, Cl.t the rute: of seven per
cent per annum, pa~ble semi-annually in like medium on the first day of February and
the Firat day o~ August in each year on the presentation and surrender of the proper
coupons hereto attached, both principal and interest payable at the office of the City
Treasurer of Re~burg or at Kountze <Brothers Bankers, in the Ci ty and state of New York,
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at the option. of the holder. If payment of this bond shall be made as hereinbefore
pr~i4ed prior; lp the fir,t day of October, H1~O, all interest couIJons showing the date
or dates of maturity, subsequent to each dates of redemption, shall remain attached to
.saJ.4 'bo~d. and, be surrendered therewith.
This bond is one of a series issued for tbe"c~ts and expenses for Local
street Improvements in said Local Improvement District No. 12 as authorized by chapter
163, Article 6 of the I daho Compiled statutes of 1919, and all other la.ws and in con-
. fO_!Mity with sec. '>.026 A~icle G, Chapter 163, reciting that "The holder of any bond
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issued under the authority of this article shall have no claim therefor against the munici~
pality ~y whic~ the same is issued, in any event, except for the collection of the speciall
aese s sment made for the improvement for whi ch sai d bond was issued, but hi s remedy in ccksel of
nonpayment, shall be confined to the enforcement of such assessment~
The foregoing recital relative to the remedy of the holder of the bond is writt
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printed or engraved on the fac~ of each bond in conformity to the mandate of said statute.
The principal sum herein named and the interest thereon shall be payable out
of the Local Improvement fund created for such improvement and not otherwise. This oblig-
ti ani s not to be deemed or taken to be wi thin, or any part of the limitation imposed by
law as to the indebtedness of said City. And it is further certified and recited that all
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requirements of law have been fully compiled with by the proper officers in the issuance
this bond and that the total amount of this bond does not exceed any limit prescribed by
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t law.
For the collection of the assessments levied in said Local Improvement District
No. 12, the Cityof Rexburg, ~wadison County Sta.te of Idaho, hereby pledges the exercise of
lawful c orrora te powers.
IN TESTI1'ONY WHEREOF,
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The Mayor and Council of the City of exburg, Have caused
this bond to be signed and attested by the Clerk thereof under the seal of the City of
Rexburg, and counter~igned by the City Treasurer as the ~irst day of October, lS20.
Atte~ "
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C~y
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C le rk .
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City Treasurer.
(Form of Coupon)
No.............
day of:
, A. D.
the City of Rexburg, in the
Cn the
County of Hadison, state :of Id_. will pay to bearer, Seventeen and 50-100 Dollars in la.w-
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ful money of the Unl ted States of America, out of the funds collected by special a.ssessmert
in Local Improvement District No. 12, at the office of the City Treasurer of the City of
Rexburg, in the County of Madison, State of Idaho, or at Kountze Brothers, Bankers, of the
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City and State of New York, at the option of the holder being six months interest on Local
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Improvement District No. :12, Improvement Bond Numbered dated October first,
1920.
Attest:
(Fac-Simile Signat~re)
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'Mayor.
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(Fac-Simile Signature)
(Fac-Simile Signature).
City Clerk.
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City Treasurer.
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SECTION 3. That section 6 of said ordinance No. 256 be amended and made to
read as fallows, to-wit:
SECTION 6.
That said assessments, together with interest thereon at the rate
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GEO.D..AftHARD :STA.CO., ST.LOUIS
amounts assessed against each lot or tract of land hereinbefore described, from and
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after the fina.l publica.tion of this ordinance, and shall have priority over <-ill other
liens except general taxes.
WHEREAS, an emergency exists this ordinance shall take effect from and ~fter
its passage, approval and publication as required by law.
PASSED This 20th day of August, 1920.
APPROVED This 20th day of August
(S E A L )
Attest:
%c~~.~
"EXHTPIT J"
ORDINANrE NO. 258.
I'f"t'r"
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AN ORDINANrE ATTTHCBI ~I~W AHD PROVI DInG FOR THE I SSTTAlTCE~ EXECPTION, RALE, AND
DELIVERY C'i' SPECl AL ASSE ss~mNT SEWErAGE IMPROVID,rRlNT PONDS, IN TP'E AGGREGATE PRINCIPAL
sr:r~~ O~" ~116.050.34 TO PROVIDE 'fONnS li'OR THE C'CNSTRtTCTION OF THE IMPROVIDfENTS IN AND !\'OR
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LOCAL SEWERAGE IMPROVEl.1ENT DI 8TRI ~T NO.1, IN THE ('I TY o~., REXBURG, 'MADl SON C'OT"NTY, IDAHO;
FROVIDING mB 'T~ Fom~ AND DATE 01;" SAID PUNDS, AND THE TIME o~., PAYHENT TtrER1l;()1<'; PROVIDING
t FOR THE COLLECTION O~" SPECI AL ASSESSMENTS FOR SAID B'PROVElffiNTS HERETOPORE LEVIED AND
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ASSJ!iSSEDUPCN THE PROPERTY IN SAID LOC' AL D'PRovmMENT DI 8TRJ ("1' srpi'FI CIENT TO PAY THE IN~
ACrRUING UPON ~AI D 'PONDS PRO!"'PTLY WH1.l:N Al"D AS THE SA~'E H'ALLS DUE, AND ALSO TO DI Sf'FARGE
TI1E J?RI:WCIPAL Tl-fEREOF AT H ATTTRITY; REPEALING AI.L ORDn-TANCES, OR PARTS THEREOF, IN CON"B'Llcr
HERE'~ITH, AND DECLARrW AU EJ~RGENCY.
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WHEREAS, Heretofore and on the 15th day of JUly, A. D. lS20, ordinance No. 253
of said city was passed and approved, said ordinance confirming the assessment roll for
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Local Sewerage Improvement District No. 1 in said city; and
WHEREAS, Thereafter in form, time, and manner, as required by law, notice of
the time within mich the assessments names in said assessment roll might be paid in ccl.sh
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without penalty, interest, or costs, was given by the city treasurer, and within the
time so provided $566?~""5 wa.s paid to the city treasurE on account of said assessments,
and on this date there remains outstanding and unpaid assessments in the total sum of
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$116,050.34 .
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WHERE~t It has be.nand is hereby ascertained and determined by this council
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that it is not ojnly advisable and to the best interest of the said city, but a.lso nee...">....:.'
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eseary ~hat spe~ial assessment sewerage improvement "ponds in the aggregate principal sum
or $116,050.34 bearing in tere st at the ra tel of stx per centum (6%) per annum, payable
.. t: ~~~i":a.nnuallY, ~e issued and sold to prov ide finds for the payinent of the co st s d.ud
e~enses' of the improvements in said Local Sewerage Improvement District No.1, and
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that the proceeds be paid to the contractor for such improvements; and
WHEREAS, The special assessment sewerag~ improvement bonds hereinabove and her~
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inarter mentioned by this council have been duly awarded and sold to Drake-Ballard
Company, with offices at Minniapolis, Minnesota. who were and are the highest and best
bidders therefor, at a price exceeding the par value or said bonds; and
'NHEREA~, Each and all of the proceedings had in creating Local Sewerage Improv-
ement District No.1, and in making of the assessment for the cost of the construction
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