HomeMy WebLinkAboutORDINANCE NO. 262 SEWERS - SIGNED
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parcels of land in the name of the city of Rexburg, as grantee and the said person or
officer conducting said sale shall thereunon present such warrant for ~aY,IDent, and the cit ,
treasurer shall ~romptly pay tne same out of the general fund of said city, and the procee s
of such sale to the amount of the,delinquent installment, or inst~llments, of said special
assessment, together with all interest and penalties thereon, shall be deposited inthe fun
~~!eb~,~reated to be known as "Lateral Sewerage Improvement District No.2 Bond, Interest
and Sinking Fund and said City Treasurer shall apply the same to the payment of the princi al
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and intere~t.of the sai~ improvement district bonds, which may then.be or thereafter becom
due. The city shall hold such property or parcels of land and use the same for any purpos
authorized by law, or the said city may sell the same and apply the proceeds of such sale n
the manner provided by law.
Se~tion 8. That all ordinances, resolutions and orders or parts thereof in con-
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flict herewith, ~re hereby repealed and this ordinance being necessary for the i;~~ediate
preservation of public health, peace and saftey, an emergency is hereby declared to exist
and this wrdinance shall be in full force and effect immediately after its passage and pub
lication as provided by law.
PASSED by the City Council this 8th day of October, A. D. 1920.
APPROVED: October 8th, 1920.
(8 E A L )
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Ci~lerk
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ORDINANCB NO. 262.
AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE ISSUANCE, EXECUTION, SALE AND DELI-
VEEY OF SPECIAL ASSESSIJENT SEWERAGE IMPROVEMENT BONDS, Hr TH}; AGGREGATE PRINCIPAL SUM OF
$52,454.89. TO PROVIDE FUNDS FO~ THE CONSTRUCTION OF THE IMPROVEMENTS IN AND FOR LATERAL
SK,'{SHAGE IIJPROVEllEFT DISTRICT NO.2, IN THE CITY OF REXBURG, MADISON COUNTY, IDAHO. PRO-
VIDING FOR THE FORM AND DATE OF SAID BONDS AND THE TI~E OF ?AYMENT THEREOF, PROVIDING FOR
'.:m:: COLLECTION OF SP:r~ C IAL +3 SESSMENTS FOR SA ID IMPRO vn.IENT HERETOFORE LEVIED AITD ASSESSED
UP01: 'iHE YRO.FLR'iY I:; SAID lJOCAL IMPROVEMENT DISTRICT fmFFICIElTT TO PAY THE IliiTEBEST ACC?dJ-
ING UP01~ ~:AID BCl;Df: I)ROMPTl-Y WHEN AND AS THE SAME FALLS DUE, AND AIJSO TO DISCHARGE THE
P31~CIPA~ ~liEREOF AT MATU~ITY: REPEALING ALL ORDINANCES, OR PARTE THEREOF, IN CONFLICT
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H~RE;ITH, AND DECLARING AN EMERGENCY.
,:;rE:REAS, Heretofore end on the 8th d'y of October, A. D., 1920, Ordinance No. 261
Of saj~ City was passed and epproved, said ordinance confirming tho assessment roll for
Lateral Scwarge Improvement District No.2 in said city; and
~HEREAS, Thereafter in form, time and manner, as required by law, notico of the
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time within "'vhich the assessments named in said assessment roll might be [,aid in oash
"Nithout penalty, interest or costs, was given l);l tho ci ty treasurer, and within the ti:ne
so }Jrovided $1,235.00 was paid to the ci ty treaSllTer, on account of said aSSOSS!ilonts and
on this date there remains outstandinf and unpaid, asses~ments in the total sum of
~52,454.89.
JE1::::.EAS, It has l)Ge~: end is hereby ascetta.ined end c1eterlnined by this council that
it is not only advisable Bnd to the best interest of the said city, but also necessary
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O!O.D.IAIIlHARO I'TA,CO., IT.LOU'I
thli.t special assesSYnGnt sewerage improvernont bonds in tho agf"regute principal sum of
$52,454.89, bearing interest at tho rate of seven per centum (7 per cont) per annum, pay-
able s8:Tli-annually, be issued and sold to 2)rovide funds for the paJT~:1ent of the costs and
expenses of the improvements in said Lateral 3eweraf"e improvement District ITo. Z and that
the proceeds be p~id to the contractor for such improvements; and
~HEREAS, The special asseSE~ent sewerage improvement bonds hereinabove and herein-
after mentioned by this council have boen dnly awarded end sold to the Hanchett Bond Compan
'.'lith offices at Chicago, Illinois, who were and are tho high6st and best bidders tllorefor,
a tap r ice ex ceo din f the par val u e 0 f S II i d lJ 0 n d s; a nd
::HL2EAi:3, Each and all of thG proceedings had in creating Lateral i3ewerage Improve- i
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{[lent District no. 2, and ill the lr:akint 01' the assessrm;llt for thE; cost Of the construction f
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of tho improvGments thoroin, have boen and are regula.r and in due form of law, according
to the statutes of the State of Idaho.
lW'.7, THETIEFOIti<;, in consideration of' the premises,
BE I~ 03DAINED BY ~HE MAYO? AND COli~CIL OF ~HE Cl~Y CF REXEURG, ~ADIEON COUNTY,
IDAHO.
tection L
Tha.t it be Slid is hc;reby ascertained, determined, Dnd declarer'! that
oach and all of tho procoodinfs had and taken in the makinf of the assessment for the cost
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of tho creation and organization of Lateral 2ewerafe Improvement District No.2, and the
con s t rue t i 011 0 f imp r 0 v e me n t s the rei n , he ve b e (; n and are in a 11 res p e c t s r G g' u 1 n r end ; n due
form of law, according to tho constitution e.nd statutos of the Ste.te of I6aho, and the
ordinances of said city; anCl that tho assosc'mont of the property in se.id Lateral Sewerage
Imp:'over-lont District lIo. 2 und the amount thereof, as shown by the assoss::1ont roll, con-
firmed and approved by Ordinance No. 261 Dnd filed with the city clerk on the 17th day of
September, A. D. 1920, is corroct and in accordance with the constitution and statutes of
said state and the ordinr:nc s of said city, and is the B.mount of the total cost of' said
improvement; and that tho amount of said assessment so assossed uron any land, lots, pieces
Or parcels of land Nitl1in said local iml)rOVernent district, and subject to asses~J:lC:~lt for the
cost and eXl)onSe thereof, shall be and is heroby declared a lion upon said land, lots,
pieces or parcels of land, and shall and does take precedence of all other liens and shall
be cOllected togethor with interost on unpaid installments at the rate of seven pOl' centu~l
(7 per cent) per annum, and may be foreclosed in accordance with the provisions of the
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statutes and ordinances in such case made and provided.
Section 2. That for the purpose of providing ~dS for the payment of tho costs
and expenses of said improvements in and for said LateraL Sewerage Improvement District
No.2,
there shall be and there are hereby authorized,
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ordered Rnd directed to be issued,
sold and deliveired in the name of the said city, to Hanohett Bone Compr'ny, of Chicago, 111-
shall be known as ano designated "Special Assessment Sewerage Imrpovement Bonos, District
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inois, negotiable coupon bonds in the aggregate principal sum of $52,454.89, which bonds
NO.2"; shall be fifty-three in number, numbered onsecutively from 1 to 53, both inclusive,
bonds numbered 1 to 52 inclusiv~, of the denomination of $1,000.00 each; and bond numbered
53 01l the denomination of $454.89; shall bear date of Decer:loer 1, A. D., 1920, shall 'be
absolutely due a.nd payable December 1, A. D. 1930, but shall be redeemable on an;); interest
payment date prior thereto, as provided by law and in this ordinance.
bear interost from their date until paid at the rate of seven per centum (7 par cent) per
Said bonds shall
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11 th first o.ays 01 Fe"'r""'ry and August, resl,octivoly jn
ann um, pa ya b 1 e s e m i -a nn ua yon . e ' "IJ ........
each year, which installments of interest to date
attached to each bond; and both principal of and
ed by appropriate coupons
of m~turity of principal shall be ovidenc-
j n t ere stan
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said bonds shall be pa.yable in gold coin of the United ~tates of America, out ai' "Lateral
Sewerage Improvement District No.2 - Bond, Interest, and Sinking Fund," at thE; office of
the city treasurer in Rexburg, Idaho, Or at tile National Bank of Commerce, in thE City and
state of New York, U. 8. A., at the option of the holder.
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fection 3.
That each of said bonds and each of the interest coupons to be hereto
attached shell be in substantially the followinp forms, respectively,
to-wi t :.
(Form of Bond)
UNITED STATES OF AMERICA
STATE OF IDAHO
COUNTY OF MADISON
)
CITY OF REXBUHG
Special Assessment Sewerage Imp~ovement Bond District No.2.
No.........
~)l000. 00
KNO';; ALL MEN BY THESE PRESENTS, That the city Of Rexburg of Madison County, Idaho,
acll:nowledges itself to owe and for v'lue received hereb? l')ror:1ises to pay to the bea.rer hore
of the principa.l sum of One Thousand Dollars on or before December 1, 1930, together with
interest on said sun from the date hereOf until pa.id at tile rate of seven (7) por centum
per annum, payable semi-annually on the first days of February and AUt,'Ust, respGctivGly, inll
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each year, as
evidenced by and upon the presenta.tion and surrender Of the interest coupons
equal to, the present standard of weight and fineness at the office of the City Treasurer
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hereto attached as they severally become due; and both the said interest on and principal
of this bond are hereby made payable in gold coin of the United States Of America of, or
Rexburg, Idaho, or at the National Bank of Commerce in the city and state of New York, U.S.
A. G,t tho option of the holder, out of the local improV'ement fund heretofore created for
the payment of the costs and expenses of the improV'ement in Lateral 3ewerage ImproV'enent
District Ho. 2 in said. City, and not otherwise.
This bond is issued ly said city for the purpose of providing funds for the payment
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of the costs and expenses of constructing sewers in end for sEid Local 3ewerage Improve-
~ernt District No.2, pursuant to, under, by virtue of and in all respects in full and
strict compliance with the constitution and Chapter 171 of the Idaho Compiled Statutes of
1919 fnd all laws of said s1ate supplementary thereto and amendatory thereof.
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And it is hereby cer1ified, recited and warranted that said. city is now and for s,ome.
years past has boen a city ~f said state, and a body politic and corporate, duly organized,
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existing and operating unde~ and by virtue pf the constitution and laws of the state of
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Idaho, and is now and alWay, has been under the control of a duly organized mayor and city
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council and the duly consti~uted corpor~ted authOrity thereof; that all things, acts and
conditions required by the aonstitution and laws Of the state of Idaho and the ordinances
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of' said city, to exist a.nd to happen and be done and performed, precedent to and in tho
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creation of the said L~teral Sewerage Improvement District No.2 and the construction of
sewers therein and therefor, end the iSsuB,n.ce of this bond in order to constitute the said
bon,a the valid [no binding ol>lieatior... of sni~_ city, and pa;yable as aforesaid, do exist a.nd
have happenE-d and beon q.one and performed in regular and due form and time; that the total
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costs and oxpenses of ~'aid improvenent have been duly levied end assessed as spocial assess-
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ments for seweraee imptovements upon all of the lands, lots and pieces and parcels of land
in said Lateral Sewerage Improvement District No.2, separately and in addition to all other
t a xes, and s a i () s po c i r;. 1 ass e s sm e n t s are a 1 i en up 0 n sa i d 1 and s , lot san d p l' (; C e san d par c e 1 s
of land, end te,ke precedence of nIl otiler liens; that duo provision has been lYw..de for, a.nd
ss.id cit:l hGreb;/ guarantees, the collection of said spacial assessnents sufficient to pay
tho interest accruinr ,1.ereon pror:lptl;y' when and as the same falls due and also to discharge
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GIO.D.IARNAItD I'A.CO.. IT,LOU"
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the principal hereof at mr:turity.
In conformity with Eection 4151 of Chapter 171 of the compiled laws of Idaho, 1919,
:it is hereby recited thnt "The holder of any bond issued under the authority of this chapter
sholl have no claim therefore against the city, town or village by wnich the same is issued
in any event, except for the collection of the sp ecial assessment made for the v;ork of im-
provement for which said bond was issued, but tJlis remedy in case of nonpayment, shall be
confined to the enforcement of sucn assessment.
"A copy of' this subdivision shall be plainly written, printed or engraved upon the
face of each b and so issued."
This bond is redeemable by said city on any interest payment date, upon call of the
~reasurer of said city made prior theroto by publication for thirty (30) days in the offic-
ial newspaper following the delinquency of any installm6nt of the assessment.
IN TFST2:UONY ',lH7.''-:EOF, 'i'he city of Rexbul'(", of Eadison County, Idaho, by its cj ty
council has caused tnis bond to be signed by the mayor of said city and attested by the
c 1 e l' k t no reo f , c 0 un t e r s I f n e d b Y the C i t ~T ~ rea sur e r, sea 1 e d wit h t he cor par ate sea 1 0 f sa i d
city ane recorded by said clerk; and each of the twenty (20) interest coupons hereto attach-
ed to be signed by the engraved fac-simile signatures of said mayor, treasuror and clerk,
the 1st day of Decm::ber, A. D., 1920.
(SEAL)
JOHN L. BAT. I, I :F , J:2.,
Mayor.
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Attest:
T},A YD. GARIJ:f'R,
C Ie rk,
Countersigned:
O~TO E. LILJENQUIS~,
C i t Y T r e tl sur e r .
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(Form Of Coupon)
Coupon No.........
4P..............
On the first day of February
August, A. D. 19..... The City of RexlJurg, of Hadison Count;)..,
Ida.ho, for value received, lJromises to pay to the bearer hereof, the SUL1 of Thirt:!-Five
Dollars in gold coin of the United States of Amorica of, or equal to, tnn }Jresent standard
of weight and fineness at the offIce Of" the city treasurer in Rexburf", Idi'ho, or at the
National Bank of Commerce, in the sts.t"e of New York, U. S. A., at the artIer. of the holder,
being six months' interest then due on its special Assessment Sewera~e Improvement Bond,
District No.2, dated December 1, A.. D. 1920.
No......,.......
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(Fac-simile signature)
Ma yo r
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Attest:
(Fac-Si~ile signature)
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Clerk
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Coun te rsi gne d:
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(Fac-simile signaturel
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Ci ty Treasurer.
SECTION 4.
That each of the bondsnereby authorized sliall be,. signed b;)r the ma~Tor,
countersigned by the city treasurer, attested by the clerk, and sealed with the corporate
seal, respectively, of said city, which seal shall be impressed there,on, and recorded by
said clerk that each of the interest coupons to be attached to each of said bonds shall be
signed by the engraved fao-simile signature of said Mayor, clerk, and treasurer; that the
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officers of said city city fr. this "ection mentioned are noreby authorized, ordered, end
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ively hereinabove set forth, and to execute the same for and on behalf of said city
r . s p e c t -]
e no in
directed to cause said bonds and coupons to be prepared substantially in tho forms,
tho mr:nnor aforesaid; and that the city treasurer cause the said bonds to be delivered wi th-
out undue or unnecessary delay to said Hanchett Eond Company, of Chicago, Illinois, the Ipw-
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ful purchaser of tho same, upon payment being made to said treasurer of the agree" pu?chr se
price the.relor; that said treasurer sha,ll hold the proceeds of the sale of said bonds in
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a separate fund, subject to the order of said city council, to be used exclusively for the
purpose of paying the cost of said ioprovements, but the purchaser of said bonds, or any
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council, Or any of the officers of said city; I
and said bonds, Or any part thereof, which have been delivered to said purchaser, shall I
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That in all cases where any assessment or any installment thereof, or inJ
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confirming and approving said assessment!
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roll, becomes due, the same shall be paid to the city treasurer whose duty it,'is to collect.l
subsequent holder,
sha.ll be in no wise responsible for the a~plication of the proceeds of
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the
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of said bonds by the said treasurer,
thereafter be incontestable and their legality shall not be open to contest by any person
or persons,
corporation or corporations,
or by tho said city, for any reason or reasons
whatsoever.
Section 5.
terest thereon, as provided in the said assessment roll for said Lateral Sewerage Improve-
ment District No.2 and i~ said Ordinance No. 261,
such ass6ssment~ and all sums so paid shall be placed in the fund known as 'Lateral 3ewer-
ace Improvement District No.2 - Bono, Interest, and Sinking Pund," and shall be apIJlied
solely to the payment of the costs and expensos of said improvements Bnd the redemption of
the said bonds issued therefore.
Section 6.
That on the 15th days of Janucry end July in tho year 1921, Bnd on the
15th days of January Bnd July, res~ectively, each year thereafter so long as any of tho in-
tcrest cou~ons appertaining to the bon~s hereby Buthorized to be issued re~in outstanding
and unpaid, t~le cit:l treasurer she.l1 bo, rn0 he is hereby, authorized, ordered, and directed
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to remi t, by and through the aforesaid purc:tlaser of said bonds, out of the moneys in said
"Lateral 3ewerage Irllprovement Di~trict lTo. 2- Bond, Interest &.n6 :::inking runcl,", in thE' form
0:;:' a check or draft, payable in New York, U. ~:. A., to the National Bank of Comi.'lOrCe, in the
said city of EeY'l York, a SUlll sufficient to l-l/a.;Y" tho semi-annual interest accruing on said
bO~lds on tho first. days of ~ebruary and August, respectively, in Gu.ch ~-lGar, and any and all
escrow charges lnade by saidlbank for handling said coupons; and on the 15th day of Au@ust,
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A. D., 1930, L~e said city ~reasurer shall be"\J~d ho is hereby autl}orized, ordered, and
dir"cted so to remit to sai~ National Bank orWmmerce, in tho said city of .lIew York, a sum
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sufficient to pay the princfpal amou~tof said bonds outstanding and becoming due on the 1st
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d a;i 0 f De c em b e rn ex t the l' e aft e l' , tog e t her wi t h a 11 i n t ere s t a c c l' u e d the reo n , and any an Cl a 11
e s c l' 0 W c h a l' g 0 s rna deb y sa i d ban k for he. n d 1 i n g the s Ii me .
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Section 7.
That the sale and award of the said special assessment sewerage improve-
r:Jcnt bonds, hereinbefore mentior:ed, heretofore made by tho mayor ane council of said city
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upon the best terms and at the lowest sold, namely; at seven per centum (7'per cent) rate
of intf:rest at which said bonds can be per annULi, to tho Hanchett Bond Company with offices
ir. Chiccf'o,
Illinois,
the hig:b"est and best bidder 1iler3fore,
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be, and the same ~s,
horeby
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rr:.tifisci, approved, t:nc c02ifirmed.
3oction 8.
Tilat the Dayal' an6 council, ."'lie 'che clerk and treasurer, respectivel;y,
of 5c,ic City, e,ll, a.ny or either of thera, <::.re hcrcb:;T authorized, ordered, and ai,rocted tc
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fu.rnish tiHj'\af't)resaid purchases of said boncis '(lith such certificates, transcrirts, or otllcr
documents as will fully evidence the proceedings had preliminary to the issuance of sa.id
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GEO.D.BAIlHI.RD ITA. CO., IT,LOU"
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[londs, the refulerity and sufficiency t!16reof, and tho acts of eny o:r:o or all of said offic-
ers are horsby authorized, ratified, a~provod, Qnd confirmed.
Section 9. Tllat it is IlE';reby made th') duty of the city treasurer bc:;:'orlJ tho rodernp-
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tion of l;l..n;;'- of the Ilonr]s in this ordinance uuthorizbd, to nail writtoIl notice to t;~e said
Rancho tt Bond Company, sta ti ~lf the bonds to lie redeem8ci and tho date 011 which sai d redemp-
tion will be made.
C2h,) said notice shall [Hi so L1ailed at lEast thil't:/ days prlo;r to the
date of such redemption.
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Section 10.
That it De and is hereby certifif;d, recit(;ci aLd warranted that all con-
ditions, acts and thinfs nocessary and essential to the validity of the bonrls hereinbefore
Iaontioncc and required by la-v" to be done, have been fully done and !,crformed.
~3ection 11.
Tl1at tilO provisions Of tilis ordinance and each of t;lEJ [)on(~s end el';ch of
till'; interest coupons issued pursuant ttercto, Sf_ell constitute, anr] t},o sa.::lC are Ilerob~T dc.-
clarod to be, a. bind:nc e:.nr] irrevocable contract lietween the said c.it;y &:2(1 tf:e purchaser of
soid bonds rnd the holder frOE timo to timo of eBch of said bonds ~nd the interest coupons
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thoreto appertaining.
Section
12.
That all resolutions,
ordinr.nces,
or oroers, or parts th(,reof,
in con-
','ii th
tho
1!rOVlSlons
Dercar, be end t2-lc Sr;;le 'are
herclJY, repealed, rescinded,
and
ll.,nnulled.
Section 13. That this ordin&nce shall be forever irrepealable until the indebtedness I
hereby created, both as to principal and interest, sllall Ilave bee::: f::tJ.ly },aid, satisfied, I
and diSCharged, liS provided b:; tIle constj.tution i;i.nd sti;i.tutes of thic state of IdBI10.
Section 14.
That t ,is ordinance lH;ing for the purpose of providinG fUllCis for the
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imL'1Gdiate paycicnt of the costs and expensos of il;;prOVlJrnent in said Laboral L6i'lerage Improve-,
ment District No.2, tno sa:~lC shall thc:ccforo be in full force and effect 'froD and after
its passage, approval, anrJ dUG publication, accordinf to la'N.
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Paszed this 1st day of December, A. D., 1920.
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A?P~OVI::D December Is t, A. D., 1920.
(f.E:AL)
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Attest:
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CITY CLERK.
ORDIH.HOE\. 268.
.1lf
~DI..1HOE REPEALIBG SEC. 6, of ORDIHANtE HO.
I~ ORDAINED BY THE MAYOR AND CITY OOUXCIL O~
2, RELATING TO PRIZE FIGHTING.
THE CITY O~ R~URG, IDAHO:
BE
8.0. 11. That 8eo. 6 ot Or~1nanoe lfo. 2 ot the City ot Rexburg, Madison
Ooun,t". Idaho, reading as tollow., t~-..1tl
"8.0. 6, Bvery person who engages in, in-
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st\~~es, encourages, or promotes any ring or prize tight o~ any other premediate
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p;rl'ie'tl ght or oontention 'Wi thout deadly "eapons) ei ther as principal, aid, second
umpire orl'lurgeon or otherwiae, \thin the oorporate limit,; ot Rexburg, 18 guilty of
a m1a4.meapor, n be and the same i8 hereby repealed.
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PA&sED and APPROVED by the City Counc11 this 6th day ot January, .4.. D. "1921.
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o~ f/:-~ :J (h
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AT~E8'1
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City Clerk.
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