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
;,
.~
}~
"