HomeMy WebLinkAboutORDINANCE NO. 268 SEWER - SIGNED
- ""
- - -.- -- - c::J 7 -
'-J/
ORDINANCE NO. 268.
AN ORDINANCE AUTHORIZING A~D PROVIDING FOR THE ISSUANCE, EXECUTION, SALE AND
DELIVERY OF SPECIAL ASSESSMENT SEWERAGE IMPROVEIvIEJ:~T BONDS IN THE AGGREGATE PRINCIPAL
SUM. OF $13,257.00, TO PROVIDE FUNDS FOR THE CONSTRUCTION OF THE IMPROVE1'lENTS IN AND
FOR LOCAL SEWERAGE HIPROVEMEIIJT DISTRI.cT NO.1, OF THE. CITY OF REXBUI\G, MADISON COUNTY,
IDAHO, PROVIDING FOR THE FORM AND DATE OF SAID BONDS AND THE TIME OF PAYMENT THEREOF;
PROVIDING FOR THE COLLECTION OF SPECIAL ASSESSMENTS FOR SAID IMPROVEMENT HERETOFORE
LEVIED AND ASSESSED UPON THE PROPERTY IN SAID LOCAL IMPROVEMENT DISTRICT SUFFICIENT
TO PAY THE INTEREST ACCRUING UPON SAID BONDS PROMPTLY WHEN AND AS THE SAME FALLS DUE,
AND ALSO TO DISCHARGE THE PRINCIPAL THEREOF AT A~TURITY: REPEALING ALL ORDINANCES, OR
PARTS THEREOF, IN CONFLICT THEREWITH, AND DECLARING AN EMERGENCY.
WHEREAS, Heretofore and on the 9th day of February, A. D., 1921, Ordinance
No. 266 of said City waS passed and approved, said Ordinance confirming the assessment
roll, the same being a re-assessment for 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 which the assessments named in said assessment roll might. be paid in
cash without penalty, interest or costs, was given by the City Treasurer, and within
the time so provided, $618.60 was paid to the City Treasurer, on account of said
assessments and on this date there remains outstanding and unpaid assessments in the
total sum of $13,257.00
'NHEREAS, It has been and -is hereby ascertained and determined by this Ooun-
cil that it is not only advisable and to the best interest of the City, but also
necessary that special assessment sewerage improvement bonds in the aggre~ate princi-
pal sum of $13,257.00, "Qearing interest .he rate of six (6) per cent per annum,
payable semi-annually, be issued and sold to provide funds for the payment of the
costs and expenses of the improvements in said Local Sewerage Improvement District No.
1, and tb8.t the proceeds be paid to the contractor. for such improvements; and
WHEREAS, Eaoh and all of the proceedings had in creating Local Sewerage
Improvement District No.1, and in the making of the assessment for the cost of ~he
construction of the improvements therein, have been and are regular and in due form
of law, according to th~ statutes of the State of Idaho;
NOW THEREFORE,i in consideration of the premises.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF REXBURG, MADI-
SON COUNTY, IDAHO:
Section 1. That it be and is hereb~ ascertained, determined and declared
that each and all of the proceedings had and talcen in the making of the re-assessment
for the cost of creation and organization of Local Sewerage Improvement District No.
1, and the construction of improvements therein, have been and are in all respects re-
gular and in due form of law, according to the constitution and statutes of the State
of Idaho, and the Ordinances of said City; and that the assessment of the property in
said Local sewerage Improvement District No.1, and the amount thereof, as shown by
the assessment roll, the same being a re~assessment, confirmed and approved by Ordi-
nance No. 266 and filed with the City Clerk on the 13th day of January, A. D., 1921;
is correct and in accordance with the constitution and statutes of said State and the
I
\1
1\
\'
I
,
Ii
,
I
I
I
)
')
;;
r)
')
~
- - - - -7
---oJ
"--- - --- c:;Jl - ----
- ,~- - - -- - c::> 7
QIO.O..ARNARD ITA,CO., IT ,LOU'.
Ordinances of said City, and is the "balance of the cost of said improvement, yet due
I
Ii
II
\,
1\
II
II
Ii
l'
,I
\1
.I
1\
I
\
\
I
II
I
I
I
1\
II
I
c
a"bove that which was originally assessed, and that the amount of said re-assessment so
assessed upon any land, lots, pieces or parcels of land wi thin said local improvement
district, and s~~ject to assessment for the cost and expense thereOf, shall be and is
here"by declared a line upon said land, lots, pieces or parcels of land, and shall and
does take procedence of all other liens "and shall be collected together with interest
on unpaid installments at the rate of six (6) per cent per annum, and may "be foreclos-
ed in accordance with the provisi ons of' the statutes and ordinances in such case made
and p rovid. e d.
'That for the purpose of providing funds for the payment of the
I
. ~
Section 2.
-balance of the costs and expenses of said improvements in and for said Local Sewerage
Improvement District No.1, there shall be and there are hereby authorized, ordered
and directed to be issued, sold and delivered in the name of the said City, negotiable
coupon bonds in the aggregate principal sum of $13,257.00, w::.Ich bonds shall be known
as and designated "Special Assessment Sewerage Improvement Bonds, Distri ct No.1,"
\!
'I
I.
I
"
shall be twenty seven in number, numbered consecutively from I to 27, both inclusive,
bonds numbered I to 26, inclusive, of the denomination of $500.00 each; and bond number-
ed 27 of the denomination of $257.00, shall bear date of April 15, A. D., 1921, shall
be absolutely due and. payable April 15, A. D., 1931, but shall be redeemable on any
interest payment date prior thereto, as provided by law and in this Ordinance. Said
bondS shall bear interest from their date until paid at the rate of six (6) per cent
per annum, paY-dble semi-annuall~T on the first days of February and August, respective-
ly in each year, \vhicb. installments of interest to date of maturity of princi:pal shall
be evidenced by appropriate coupons attached to each bond; and both principal of and
interest on said bonds shall be payable in gold coin of the United States of America,
ou t of "Loo a1 Sewerage Imp rovemon t Dis tl'l. No, 1, Bond, inter est, and S inki ng Fund",
at the office of the City Treasurer in Rmxburg, Idaho, or at the National Bank of Com-
merce, in the City and State of New York, U.S.A., at the option of the holder.
Section 3.
That each of said bonds and each of the interest coupons to be
thereto attached shall be in substantially the following fonn, respectively, to-wit:
FORM OF BOND.
UNITED STATES OF AMERICA.
STATE OF IDAHO.
COUNTY OF MADISON.
CITY OF REXBURG.
.' ~"""~
.. ,~...,~ ~.~ 4 ~T~
.. "
.~ . '. ,~.. "
-:'Y.
Special Assessment Sewerage Improvement Bond District No.1.
No...........
(
$500.00
KNOW ALL MEN BY THESE PRESENTS, That the City of Rexburg, of Madison County,
Idaho, aoknowledges itself to owe and for value received hereby promises to rJ1y to the
bearer hereof the principal sum of Five Hundred Dollars on or before April 15, 1930, to-
gether with interest on said sum from the date hereof until p:iid at the rate of six (6)
per cent per annum, payable semi-annually on the first days of February and August, re-
spectively, in each year, as evidenced by and upon the presentation and surrender of the
interest coupons hereto attached as they severally become due; and both said interest
on and principal of this bond are hereby made payable in gold ooin of the United States
of America of, or equal to, the present standard Of weight and fineness at the office
-'
-..,
- - -- -- - ~ 7
~/
of the City Treasurer in Rexburg, Idaho, or at the National Bank of Commerce in the
City and State of New York, U.S.A., at the option of the holder, out of the local im-
provement fund heretofore created for the payment of the costs and expenses of the
-~
improvement in Local Sewerage Improvement District No.1, in said City, and not other-
wi s e .
This bond is issued by said City for the purpose of providing funds for the
payment of the costs and expenses of constructing sewers in and for said Local Sewer-
age Improvement District No.1, pursuant to, under, by virtue of and in all respects
\.)
in full and strict compliance with the constitution and Chapter 171 of the Idaho Com-
piled Statutes of 1919 and all laws of said state supplementary thereto and amendatory
thereof.
And it is hereby certified, recited and warranted that said City is now and
for some years past has been a city of said State, and a body politic and corporate,
i
I
I
J
~
duly organized, existing and operating under and by virtue of the constitution and
laws of the state of Idaho, and is now and always has been under the oontrol of a duly
organized Mayor and City Council and the duly constituted corporated authority thereof;
that all things, acts and conditions required by the constitution and laws of the
State of Idaho and the ordinances of said City, to exist and to ha,ppen and be done and
performed, precedent to and in the creation of the said Local Sewerage Improvement
District No.1, and the construction of sewers therein and therefor, and the issuance
of this bond in order to constitute the said bond the valid and binding obligation of
said City, and payable as aforesaid, do exist and have happened and been done and pGr-
---
)
formed in regular and due form and time; that the total costs and expenses of said
improvement have been duly levied and assessed as special assessments for sewerage il1l-
provements upon all of the lands, lots and pieces and parcels of land in said Local
Sewerage Improvement District No. 1, sepa~ately and in addition to all other taxes,
and said special assessments are a lien upon said lands, lots and pieces and parcels
of land, and take precendence of all other liens; that due provision has been made for,
and said. City hereby guarantees, the collection of said special assessments sufficient
to pay the interest accruing hereon promptly when and as the same falls due and also
t 0 d i s c ha r get he p r i n c i pa 1 her e 0 fat III:i. tu r i t Y 1
In oonformity with Section 4151 of Chapter 171 of the compiled laws of Idaho,
1919, it is hereby recited that "The holder of any bond issued under the authority of
this chapter, shall have no olaim therefore against the City, Town or Village by which
.,
the same is issu:-e.d in any event, 'except for the collection Of special assessment made
for the work of improvement for which said bond was issued, but this remedy in case of
'}
non-payment, shall be confined to the enforcement of such assessment.
"A copy of this subdivision shall be plainly written, printed or eng.raved
upon the face of each bond so issued."
This bond is redeemable by said City on any interest payment date, upon call
.'"
')
ot the Treasurer of said City made prior thereto by publication for thirty (30) days
. "~'
in the o:;fici~l nevv:spaper following the delinquency of any installment of the assess-
men t .
.~
1N TESTIMONY WHEREOF, The City of Rexburg, of Madison County, Idaho, by its
City Courreil has caused this bond to be sie;ned by the Mayor of said City and attested
., -~~...
t....-J/
GIEO.D.BAkNARD llTA.eo.# IT....OUI.
I
I
!I
II
\
l
II
I
i
I
I
II
II
I
I
by the Clerk thereof, countersigned by the City Treasurer, sealed with the corporate
1-
i\
:1
ii
Ii
\1
I
~
I
seal of the said City and recorded by said Clerk; and each of the eighteen (18) interest
coupons hereto attached to be signed by the engraved fac-simile signature of said Mayor,
Treasurer and Clerk, the 15th day of April, A. D., 1921.
(SEAL)
JOHN L. BALLIF, JR.,
Ma yOI' .
A TIrES T:
~
\1
l' ~
t
Geo. E. Liljenquist,
Clerk.
Countersigned,
Otto E. Liljenquist,
City Treasurer.
CORM OF COUPON
Coupon No.. ........
$ . '. . . . . . . . . . . . . . .
On the first day of February
Au gus t, A. D., 19
The City of Rexburg, of Madison County, Idaho, for value received, promises
to pay to the bearer hereof, the sum of Fifteen Dollars in gold coin of the United States
of America of, or equal to, the present standard of weight and fineness at the office
of the City Treasurer in Rexburg, Idaho, or at the National Bank of Commerce, in the
state of New York, U.S.A., at the option of the holder, being six months' interest then
due on its Special Assessment Sewerage Improvem.ent Bond District No.1, dated April 15,
A. D., 1921.
No..........
(Fac-simile signature)
Mayor
ATTEST:
(Fac-simile signature)
Clerk
Countersigned:
(Fac-simile signaturel
City Treasurer"
Section 4. That each of the bonds hereby authorized shall be signed by the
Mayor, Countersigned by the City Treasurer, attested by the Clerk, and sealed with the
corporate soal, respectively, of s~id CitYt which seal shall be impressed thereon, and
0"'
recorded by said Clerk that each of the interest coupons to be attached',to each of said
bonds shall be signed by the engraved fae-simile signature of said Mayor, Clerk and
Treasurer; that the officers of said Oity in this section mentioned are he'reby author-
ized, ordered, and directed to cause said bonds and coupons to be prepared substantial-
ly in the forms, respectively herein above set forth, and to execute the same for and
on behalf' Of said Oi ty and in the manner,fforesaid; that the Oi ty Treasurer caus EJ the
'l:
said bonds to be delivered without undue or unnecessary delay to the l~wfUl purchaser
I ',.
of the same, upon payment being made to said Treasurer of the agreed purchase price
\:
therefor; that said Treasurer shall hold the proceeds of the sale of said bonds in a
separate fund, sub ject to the order of said Ci ty Counc il, to be used exclusi vely for
f
the purpose of paying the cost of said improvements, but the purchaser of said bonds,
~~',:'~~
:..: ".-,
.,:~. ',,,:,/
. ,.' J
...;.:,
.. .~
'.~'.l ~_.
. ...... .:~
.~~~.
,;~
,.-".-
.........,.I.""".&A.."""""....,..,.,....... -....,,'-''-'&_, -...-.;
- ,-~-~ -..07 - ----- -.-07 -------
I
or any subsequent holder, shall be in no wise responsi ble for the application of the I
proceeds of the sale of said bonds by the said Treasurer, Council, or any of the officerli
of said City; and said bonds, or any part thereof, which have been delivered to said i
,
)
purchaser, shall thereafter be incont6stable and their legality shall not be open to
contest b~T any person or persons, corporation or corporations, or b~r the said City, for
any reason or reasons whatsoever.
Section 5. That in all cases where any re-assessment or any installment
thereof, or interest thereon, as provided in the said assessment roll for said Local
)
Sewerage Improvement District No.1, and in said Ordinance No. 266 confirming and
approving said assessment roll, becomes due, the same shall be paid to the City Treas-
urer whose duty it is to collect such assessment, and all sums so paid shall be placed
in the fund known as "Local Sewerage Improvement Distric t No.1, Bond, Interest and
Sinking Fund," and shall be applied solely to the payment of the costs and expenses
of said improvements and the redemption of the said bonds issued therefore.
Section 6.
That on the 15th daysof January and July in the year 1922, and
on the 15th daysof January and July, respectively, each year thereafter so long as any
of the interest coupons appertaining to the bonds hereby authoriz~d to be issued re-
main outstanding and unpaid, the City Treasurer shall be, and he is hereby, authorized,
ordered, and directed to remit, by and through the purchaser of said bonds, out of the
moneys in said "Local Sewerage Improvement District No.1, Bond, Interest and Sinking
Fund", in the form of cheCk or draft, J:6yable in New York, U.S.A., to the National
Bank of Commerce, in the said City of New York, a sum sufficient to pay the semi-annual
-)
interest accruing on said bonds on the first days of February and August, respectively
in each year, and any and all escro\'f charges made by said bank for handling said cou-
pons; and on the 15th day of March, A.D., 19ZO the said City Treasurer shall be, and
he is hereby authorized, ordered, and directed so to remit to said National Bank of
Commerce, in the said City of New York, a sum sufficient to pay the principal amount
of said bonds outstanding and becoming due on the 15th day of April, next thereafter,
tog:ether wi th all interest accrued thereon, and any and all escrow charges made by said
bank for handling the same.
Section 7. That it be and is hereby certified, recited and warranted that
all conditions, acts, and things neoessary and essential to ~hevalidity of the bonds
hereinbefore mentioned and required by law to be done have been fully done and per-
f or me d.
Section 8.
Tllat the provi sions of this ordinance and eao}I of the bonds and
each of' the interest coupons issued pursuant thereto, shall constitute, and the same
1
are hereby declared to be, a binding and irrevocable contract between the said City
and the purchaser of said bonds and the holder from time to time of each of said bonds
and the interest coupons thereto appertaining.
Section 9. That all resolutions, ordinances, or orders, or parts thereof,
in conflict with the provisions hereof, be, and the same are hereby, repealed, re-
,
scinded, and annulled.
Section 10. That this ordinance shall be forever irrepealable until the in-
debtedness hereby created, both as to principal and interest, shall have bean fully
paid, satisfied, and discharged, as provided by the constitution and statutes of the
state of Idaho.
- .-. - - - - - - - ~ - - - - - -, - - -..,
'-.J /
<-' /
r
!
il
Ii
Ii
11
II
Ii
!
I
I
II
II
Ii
II
Ii
[I
\1
I"
II
1\
1
i
I
II
I'
il
Ii
II
1:
/
cn:O,D.8"'RNARD Sf/l.CO., aT.LOUII
~ 1: T
Section 11. That this ordinance, being f@r the purpose of providing funds
for the immediate payment of the balance of the costs and expenses of improvement in
said Local Sewerage Improvement District No.1, the same shall therefore be in full
force and effect from and after its passage, approval, and due publication, according
to la w .
PASSED and APPROVED this 16th day of March, A. D., 1921.
Ort: -f~~ J-
{II Mayor.
ATTEST:
L
L~/
71.
Oi 01 l~. .
,
\
ORDINANCE NO. 269
AN ORDINANCE FIXING THE SALARY OF THE CITY TREASURER AND THE TUIE OF PAYMENT
THERE OF.
BE IT ORDAINED BY THE WillYOR AND THE CITY COUNCIL OF THE CITY OF REXBURG, MAD-
ISON, IDAHO:
Section 1. That the salary of the City Treasurer is hereby fixed at the rate
~
;
of Three Hundred (1300.00) Dollars per annum, to be paid quarterly at the end of each
quarter as the shall become due.
Section 2. That the ordinance or parts of ordinance in conflict therevlith
are hereby repealed.
Section 3. That this ordinance shall take effect May 1, 1921.
PASSED and APPROVED this 6th day of April, 1921.
ATTEST:
L L~--<
ERK.
'f~
ORDINANCE NO. 270.
AN IORDINANCE REGULATING STREET EXCAVATIONS IN THE CITY OF REXBURG, COUNTY OF
MADISON, IDA~O, ESTABLISHING A SYSTEM OF SUPERVISION THEREOF AND DECLARING AN EMERGENCY
THEREFOR.
l?:
r~,:
WHEREAS, The Oity of Rexburg has oonstruoted a sewerage system within certain
distriotS' of the City and a water system in certain parts of. the City, and
WHEREAS, It is neoessary to connect private proparty with said sewerage sys-
tern, and
WHEREAS, In making such oonnections it is found neoessary at times to make
exoavations in streets of aaid City,
NOW THEREFORE, BE IT ORDAINED, by the Mayor and City Oouncil of the City of
Rexburg, Madison County, state of Idaho:
Section 1. It shall be unlawful for any person, persons, firm or corpora-