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HomeMy WebLinkAboutORDINANCE NO. 372 SEWER LSID 4 - SIGNED ~ - -- - - - - - - - - - - - - - ,-} -- -.1 '-......"-'-~b' .. ,_~lt.."-' '-'1.1 b, I~'-A.IIV ORDINANCE NO. 372 AN,.ORDINANCE CREATING AND SETTING FORTH :THE BOUNCARIES OF LOCAL LATERAL SEWER IMPROVEMENT DISTRICT NO.4 IN AND FOR THE CITY OF REXBURG" IDAHO" FOR THE PURPOSE OF THE C~NSTRUCTION AND INSTALLATION OF SANITARY SEWER LATERALS PROVIDING THAT SUCH IMPROVEMENT SHALL BE MADE. AND THAT THE COST AND EXPENSE OF SUCH DlPROVmmNTS SHALL BE TAXED AND ASSESSED UPON ALL PROPERTy IN SAID DISTRICT IN PROPORT~- N TO THE NUMBER OF SQUARE FEET OF LANDS AND LOTS ABUTTING" ADJOINING,. CONITGUOUS AND ADJACENT THERETO INCLUDED IN SAID DISTRICT, AND IN PROPORTION ..... THE BENEFITS DERIVED BY SUCH PROPERTY BY SAID ~MP . rs: AND IfRQVIDING THAT THE WHOLE COSTS AND EXPENSE OF SliD " " TS. WITHIN j~L1:' INTERSECTIONS SHALL BE BORNE BY" APPORTIONED TO AND SESSED AGAINST T1" PROPERTY w.I:THIN SAID DISTRICT IN PROPORTION TO THE BENEFITS DERIV~ F.:.M............ SUCH IMPROVEMEN........T..S, A.ND..~.f>... RIlVIDING FOR THE ISSUANCE AND SALE OF REGISTERED ,RRANTS OF THE DISTRICTJ'Q.l... "!.RIY THE COST AND EXPENSE OF SAID IMPROv:EJlENTS. ::; '~. . '., J WHEREAS" the clty Council and Mayor of ~exburg, Idaho" havb heretofore passed and approved a resolut~b..n. of intention .G.....d..... Arne.. n~..:d Resolution of IntJ~!1tion.'l-o create Local Lateral Sewe~age Improvement n.~trict;~o. 4. NOW, THEREFOroj~! be it ordainei:;l<'by the Mjfyor and City Council of the City of Rexburg, Idaho, ' I~, ) () /,' ,- Section 1.; That Local Lateral Sew~ge Improvement Distri,ct No.4" of the City of Rexburg, Madison County" cIdaho, hereinafter set! ,}torth be, and the s~ herepy is created for the purpose of the construction and installation of 6~~ary sewerage 1ateralscomp1ete with manholes, wyes, and all other necessary appurtenances ~ the restoration of street surface whereever necessitated by reason of the construction an~ installation of said sanitary sewer laterals. ~ Section 2. That said improvements, hall be made and that the total cost and expense thereof shall be taxed and assessed upon all pr, erty in said district in proportion to the number of square feet of lands and lots abutting, Dining, contiguous and adjacent thereto included in said district and ill proportion to the b~ ts derived to said property by such improvements in the manner proVided by law; that the ',. 'and expense of all intersections shall be borne by, apportioned to aDd assessed against the rty within said district in proportion to the benefits derived from suc~~rovement. Section 3. i;i~~hat the said improv. t shall be made under the direction and supervision of the City Engi~er and to the satistactf: of the City Council and under and in accordance with the plans and,i.,specitications pre})$redf;i ,'erefor on file in the office of the City Engineer. ~ Section 4. ,1 That the boundaries 4t 'aid district are described as follows, to-wit: ii" ' , ~i" " jI, i., Beginning at a poillt in the West line ofl.NIt"th Second East Street 330.0 feet NOr,th of the S. E.. corner of Block 16; thet1~e West 1419.0 feet; thence South along the East line of North Center Stre.et1 429.0 feet to the N. W. corner ,of Block 22; thenc. West" along the South;J..ne of West Second North Street 429.0 feet; thence I South 429.0 feet; thence East 82.5 teet; thence South 148.5 feet; thence'East $2.5 feet; thence South 82.5 feet; thence East along the North line of West/First North Street and ~st First North Street 330.0 feet; thence North B2.5 feet; thence East 66.0 f,.,t; thence North 99.0 feet; thence East 99.0 feet; th.nce North 148.5 feet; nce East 165.0 teet; thence North 222.0 feet; thence East 561.0 feet; the~ . outh 66.0 feet; thence East 49.5 feet; thence South 165.0 feet;the~ '.. at 82.5 feet; thence North 220.0 feet; thence Eas,t.. 14 8..5 feet; thence NQ~:..' ;"2.67 feet; thence East 181.5 feet; thence North aloM the West line of No " h cond East Street 466.33 teet to ~, .~. , the po~~ of be~. . . f! ' , Also beginning 'Jft "point lon the South(' . e of West First South street 330.0 feet West of t~ Northeast Corner of B~ck 46; thence South 759.0 teet; thence East along the ~orth line of West Third $fq:th Street 1515.5 feet; thence North 330.0 feet; thence East 165.0 teet; thenc,:~outh 247.5 feet; thence East 82.5 feet; thence South 82.5 feet; thence Eas~1.tb.5 feet; thence South along the tt line of Center Street 396 feet" .r~ f!r less to the Southeast corner of :;. ~ 56; ~hence East 247.5 feet; the4f:ef.rth 726.0 feet; thence West 247.5 '.~et; thence Northa,.lcwg the West lin.~ o(Oenter Street 594.0 feet; thence >,West 132 teet;, the,ee North ,82.5 feet,;, t}lence West 363 feet; thence South 132 '. .;-eet; t,hence West 165 teet; '~hence South 8.long the East line of First West ,~~et 55 feet; thence West 261.5 feet; thence North 110 feet; thence West ....1!;W!5 feet; thence North 165 feet; the~ce West 82.5 feet; thence North 99 feetj /, - :" . ce West 132 feet; thence North 66'fe,tj thence West 66 feet; thence North '; ",;,!, ~ 1:6 teet; thence West along the South 1~1' of First South Street 561 feet .:I,..I, ~o\tJhe point of beginning. ~ ' ,'~~~-; k , ~~'"', j' Said Sanitary SeYler Laterals shall J~ constructed on the following streets between the foll~g points: ~ 1st West Street from 3rd South Street to 2nd South Street 2nd South Street from Center Street ~o 2nd West Street 2nd West Street from 2nd South Street to 1st South Street Center Street from 1st North Street to 2nd North Street 2nd North Street from Center Street to 2nd East Street South 2nd West Street from 2nd South' Street to 3rd South Street South Center Street from 3rd South Street to 2nd South Street " I ,I, If, 'I! ... ) ~ \ ~ I. ~ , -\ \ t -::1' ~ _<...__._". L' . ., ~_. ....____._.. . ."_ '_' '_';'~"'_~m_" - - -- - - - -~- - - - - --- - ... -, ~"''''J '-' & .., - ~ :10. '-' - .. 8, .., ~ .E'\. lJ U IS, I U U 1 1 V GIO.D.BARNARD &lA.CO., n.LQUI. ,. . \ f ~ " -.... ORDINANCE NO. 372 - Continued Section 5. That the cost and expense of said improvements shall be paid by the issuance and sale of registered warrants of the district. Passed by the Council of the City of Rexburg, Idaho, this 28th day of July, 1950. Approved by the Mayor of Rexburg, Idaho, this 28t~ day of July, 1950. '-~ Mayor~~~ ATTEST: i3:r {) ~b,-',_r"i)'V~ I .' _.. ' ).. ~' -:'7nc ,51 k '(- City Clerk. V l J ','.1'. . '. ORDINANCE NO. 373 AN CmI1'JAIICE<{)REJrTING it LOCAL ECPROVZ;,TE7rr GUAI1AI\T EE FUND ':'0 DE USED TO GUAHANTEE BO:JJS Aim ~,\TARRA~\"n5.0r.. LOCAL, I)IPROVE::ET.rT DISTRICT, PROVIDING IWl'JEY FOR sucn FUND A:'m ir',;ITHlC THE M-COUNT OF SUCHFTm, DEFINING THE RIGHTS OF Borm HOLDERS AND ':JARRANT FOLDERS, PROVIDING THAT THE CITY OF R.~XBUnG BE S,UBROGATED TO THE RIGHTS OF 'iJARRMJT TTOLDERS AND BOJ'm HOLDERS, ATTTHOIUZING T~TE CITY TO PURCHASE PROPERTY AT TAX SALES AND TAKE OTHER STEPS TO REPLENISH suerI FUNDS, PROVIDING THE MANNER OF ISSUING WARRANTS AGAINST SUCH FUXD,REPEALING ORDINAT'JCES on PARTS THEREOF IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS OHDEJAK'CE STIALL EE IN EF?EGT. ~iV'HEnEAS, theCitv Council IT the City of Rexburg, Idaho, has heretofore created flLocal Lateral Sel'\!erage Improvemer:t District No. 4 for Rexburg, Idano, Tt for t.he pur- pose of constructin and installing Sanitary Sewer Laterals, complete with manholes, wyes, and all other necessarv appurtenances and the restoration of street surf2~0 wherever necessitated by reason of the construction and installation of said Sanitary Sewer Laterals, and i:JHEREAS, said ci tv desires to issue registered warrants to pay for such canst ['1) C ti on and incidental expenses incurred in connection herewith, and ~HEREAS, it may create other local improvement districts for Rexburg, Idah.o, };1 the future in accordance with the laws of the State of Idaho; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COU~CIL OF THE CITY OF EEXJ!TR:;, IDAHO: Section 1. That there be and hereby is created in the City of TIexburg, :::;(1)r:t~r of Madison and State of Idaho, a special fund known and designated as "Local Improvement Guarantee Fund", of said City of Rexburg. .. Section 2. That said fund is'created for the purpose of guaranteeing.to the extent of said fund the payment of bonds and warrants, and interest thereon, hereafter issued zgainst any local improvement district in said City for the payment of local improverrents therein. Sertion 3. That in order to provide money for said fund and for the use and t1;e purposes of said fund the City of Rexburg shall levy an annual tax of one mill per yeac, beginning with the year 1951, which is due and collectible in the year 1951, on all of the taxable"property in said Ci ty of Rexburg; provided, however, t h{l.t sai"d City may reduce the amo~n.t of said levy if s~id City appropriates from other proper sources as may be, determined by the said Ci ty;.~ a sum approximately equal in amount to the sum which i~ is estimated will be not collected but would have been collected except for saidl redvctfon of the levy; and provided,. further, that the total surn ~,O levied, and/or appropriated in any.year shall not be more than sufficientto pay t"c out- standing warrant.s on said fund ,anq tp establish therein a balanc~, '^'l):t.-Ch combine-] levy and appropriat;ipns in anyone y-ear shall nQt exceed 5 per. centum of the ',Qu':s.tancJir<:; obligations thereby gua:ranteed; ,ano. provided,. further, that: the Qi,ty $ha~l,:l'''lt(;)t levy :1r'7 tax as herein provided "hen the amount of moneys. in the. "Lo~al' Improvem~tlR..:Ii:,...'....r. Clntcc FULd" equals 10 per centum of the total outstandlng obllgatlons to be gua 'I~d. The tax levies herein authori zed a.. nd directed shall be additi onal to and i. '.' .... ....'... ..d.. ...1:... e in eXCESS of any and all stat'Jtory and charter limitations. ,.~.., _..\ . - . -.. .,'..-, SE'ction 4~ T'lathereafter 18hen any bond, warrant or coupon drawn ag~i!)s~~}jy local jmprovement fund is presented to said City of l10xburg for payment and :t.wre'is not sy.fficient. amount in said local improvement fund against which to draw t.o ':I'?-y t~,C same, unless otherwise requested by the holder, payment therefor shall be mad,(e",by warrant drawn against the "Local Improvement Guarantee Fund." Such warrants 'when pre-, sented to the City Treasurer for payment, if not paid, shall be registered and shall dra',,, interest at a rate of six per centum peF annum. Neither the holder nor the owner' of any bond or warrant issued under the provisiens cf this Ordinance shall have any claim therefor except for the payment from the special assessment made for the im- proJ,l:anent for..w.hich said bond or warrant was issued and except as against the "Local Improvement Guarantee FundTt herein'provided. The City shall not be liable to any holder or owner of said bond or warrant for any loss to any guarantee fund occurrinG in the lawful operation thereof by the City. .~ < I I J l. " \ . , ;'1 i ;, .~ }~ "