Loading...
HomeMy WebLinkAboutORDINANCE NO. 374 SEWER LSID 4 - SIGNED - -~~ ---.., -. - '-~&........_&o, ... '-..{~~"""Ib, IUUIJ.V Gl!:O. D. ."ftNARD STA.CO., ST ,LOUI' .f7 I..... ~ ORDINANCE NO. 374 .1,,11 I'!' l! :1 MT ORDHJANCE CO~\JCEmnNG COSTS AND EXPKTSES OF LOCAL ITIPROVEIJ'ENT 01 STnI CT n:f1EOVE- Ii l"IENTS, COXFImCHIG THE CREATION Arm ESTABLISHMENT OF LOCAL LATERAL SETvvERAGE n.CPROVEMENT Ii DI~~RICT NO. 4 FOR REXBURG, IDAHO, FOR THE CONSTRUCTION AND INSTALLATION OF SANITARY SE:iJE,( 1 ATERALS, APPROVING THE ASSESSrJIENT ROLL FOR SAID DISTRICT, PROVIDING FOR THE P AYIvTEN'l IN INSTALLMENTS OF THE COSTS AND EXPEN.3ES OF THE DIPROVEIJIErITS I,IADE IN SAI D DISTRICT: PROVIDING Fon THE ISSUE OF REGISTERED WARRANTS: ASSESSING THE COST OF SUCH I~PROVEMENTS UPON ALL PROP~RTY IN SAIJ DISTRICT IN PROPORTIOK TO THE NU~BER OF SQUARE FEET OF LANDS AND LOTS ABUTTING, ADJOINING, CONTIGUO:IS AND ADJACENT THERETO INCLUDED ~ IN SAIL DISTRICT AND IN PROPORTION TO THE BENEFITS DERIVED BY SUCH PROPERTY BY SAID IIvIPHOVEI1ENTS: Arm PRESCHIBEIG TIm I"IANNER Fon THE COLLECTION AND PAYMENT OF SAID ASSESSMENTS: PROVIDING WHEN THIS ORDINANCE SHALL BE IN EFFECT. WHEREAS, the City of Rexburg, Idaho, has enacted Ordinance No. 372, passed and app~~ved the 2gth day of July, 1950, creating "Local Lateral Sewerage Improvement District No.4 for Rexburg, Idaho," and providing for the construction and installation of sanitary sewer laterals therein, and WHJ~REAS, The said ordinance set forth the boundaries of the district, provided that such improvements should be made and that the cost and expenses thereof should be taxed al d assessed upon all property in said district, which cost and expenses should be C;1ssessecl in proportion to the number of square feet of such lands and lots abuttinG, adjoinir~, contiguous and adjacent thereto included in the improvement district formed and in rroportion to the benefits derived to such property by said improvements, and that th( cost and expense of all intersections be borne by, apportioned to and assessed against the property within said district in proportion to the benefits derived from such imI'rovement, and WHEREAS, the Committee on Streets, together with the City Engineer, has ~leretofore in strict conformi tv with the law and ordinances of said Ci tv m8de out and cer.t iried to the City Council an assessment roll in and for said Local" Lateral Sewer8ge Improve- ment DiEtrict No. 4 for Rexburg, Idaho, fixing the total costs of the improvements in said diEtrict including incidental expenses at $26,025.59 which amount is to be paid by asseEsin!~ the amount against all rroperty in said a'!.strict in proportion to tne number cf square feet of lands and lots abutting, adjoining, contiguous and adjacent thereto included in said district and in proportion to the benefits derived to said Droperty bv such improvements, which assessment roll was and in all respects duly and lawfully made and was heretof~re on the 6th day of September, 1950, certified to the City Council of the City of R~xburg, and filed in the office of the City Clerk of said City and was thereafter duly revised, corrected, accepted, ratified, approved and con- firmed by the City Council on the 20th day of September, 1950, and I wHEHEAS, upon the certification and filing of said assessment roll, the City Clerk of the City of Rexburg gave notice by one publication on the 7th day of September, 1950, in the Rexburg Journal, ~ weekly newspaper of general circulation, publis~ed in Madison County, Idaho, that said assessment roll was on file in her office, givinG the date of fi~ing the same and stating that the City Council would hear and consider objections to~id assessment roll by the parties affected by said assessments on the 20th day of September, 1950, which said notice was duly given in all respects, ac- cording to law~ and WHEREAS, at the time apJbinted for hearing said objections to such objections were made which were duly considered by the City Council and Council revised and corrected said assessment roll by deleting property assessment from said roll; and , l assessments said City subject to .. WHEREAS,neither prior to ~of"at the time appointed for hearing objections to such assessments were any other~jections made to the assessments so levied, and no other' persons appeared to prote'e;t,..risaid assessments or assessment roll or any other ciattet in relaUion thereto; and I '.~ WHER~AS~ Jotice was duly given to the propert~ owners to be assessed that they might pay their assessments in full up to andoiifincluding the 10th day of November, 19501 in response to which notice ~payrnents have been made in the total sum of $8,5 -3.96 to the date of this ord{nance; and ~WijEREAS, pursuant to proceeding~duly had and taken, the City of Rexburg pro- cee~'d:~1to do s,aid work or make.. said improvement as provided by law at a total co st of le6~025.59, and ' t .f r : ,~'iHEREAS, it is the opiniOn of the City Council that the costs and imprq;vements made in said Local Lateral Sewerage Il'iprovement District Rexb~g, Idaho, which is chargeable as heretof~e set forth, should be paidc~n installments instead of levying the e~~lre special assessments one;,t."ime, and' .' ;;;.~.' . i~' J. ~WHEREAS, the City Council of the City of'Rexburg desires to issue Registered Warrantf of Local Lateral Sewerage Improvement!\ District No.4, payable in eight sub- starttaJly equal annual installments, the last falling due April 15, 1959, numbered consecutively from one up, and shall be of such denominations, not exceeding five Hundred Dollars ($500.00)as may be required for payment of all costs and expenses in- curred in the making of improvements. . ~~~ ~. , ~. .I t ~, -... .~l expenses of No. 4 for provided for for costs at the ,r .;.,< and 4 1 .~ 1.~ ~, ,~; '. ,. .. 'NOl:~ TIfEREFORE, BE IT ORDAINED~BY THE lJIAYOR AND CITY COUNCIL OF THE CITY OF REXBURG, IDAHO: Sectionl. That all of the proceedings, matters and things~~eretorore taken, had and done in connection with the creation and establishment of Local Lateral Sew- erage Improvement District No.4 for Rexburg, Idaho, and in connection with causing the construction and installation of sanitary sewer laterals, complete with manholes, wyes, and all other necessary appurtenances and the restoration of street surface / - ----------- -----, ---J -- ... '~.............,,.,.,.....~, IL '.......4..a.~"""'..b' &"""~....'-' ORDINANCE NO. 374, Cont. vJherever necessitated bv reason of the construction and installation of said sanitary sewer laterals, and the' apportionment of the costs and expenses of said improvements ag~inst the abutting, adjoining, contiguous and adjacent lots, and lands in said dis- trict as set forth in the assessment roll, as revised and confirmed, be and the same hereby are in all respects fullV approved, ratified and confirmed. Section 2. That the unpaid costs and expenses of said improvements within the boundaries of said Local Lateral Sewerage Improvement District No. 4 for Rexburg, Idaho which are chargeable to the abutting, adjoining, contiguous andadjacent lots and lanrls within said City and as hereinbefore set forth, shall be paid for in installments, payable as nearly as may be possible in eight equal annual payments, the first inst311- ment to fall due and become delinquent on the 15th day of February, 1952; and one a1- ditional installment shall fall due and become delinquent after the 15th day of February each year after the year 1952, until the whole of said assessment shall be paid, with interest on all unpaid installmenta at the rate of six per cent per annuTI, and suc~ installments and assessments, together with interest thereon shall be colle cted in such manner as is provided by law. -) -) Section 3. The Mayor and the City Council of the City of Rexburg, Idaho, shall, for the purpose of meeting the expenses of making said improvements, issue registered warrants of Local Lateral Sewerage Improvement District No.4, payable to the proper persons, in the aggregate principal amount of $17,511.63, which warrants shall bear interest at the rate of six per cent per annum from date of issuance until redeemed and which warrants shallbe payable as nearly as may be in eight equal annual installments the last falling due on or before the 15th day of April, 1959. Said warrants shall be registered as provided bv the provisions of Section 50-2925, as amended by Chapter 257 of the 1949 Session Laws and shall be paid, redeemed and retired from the mone7S received from the special assessments herein provided for. Said warrants shall be numbered consecutively from one up, and shall be of such denominations, not exceedins ~500.00 as may be required for payment of all costs and expenses incurred in the making of improvements. Whenever there shall be sufficient money in the fund of ssid District, over and above the amount sufficient for the payment of interest on all unpaid warrants of said District to pay the principal on one or more of said warrants, the Treasurer shall call in and pay such warrants in their ntunerical order, the lowest number first. Such call shall be made by written notice mailed to the last known holder of said warrant at his last known address, said notice setting forth the date on which said warrant w~ll be paid, giving the 'number of the warrant or warrants called, and advising that interest upon said warrants so called shall cease upon such date, as specified in the call. Notice of such tedemption shall also be published at least once not more than sixty nor less than thirty days prior to the date selected for redemption in a newspaper of general circulation in th~ City of Rexburg, Idaho. Section 4. That said warrants, when executed, shall be issued to the lawful purchaser thereof and when so issued shall transfer to said purchaser or to any mmer or owners thereof, all the right and interest of the City of Rexburg in and with respect to everv assessment against the property irr said District liable to assessment for suc~ local improvements, and the lien theteby created against the property of SUC'l owners assessed as shall not have availed themselves of the'provisions of law in regard to the redemption of their property from the lien of such assessment and shall authorize the owners and holders of said warrants to receive, sue for, and collect, or have col- lected SllCh assessment embraced in any such warrant or through any of the methods t provided by law for the coll~ction of assessments for local improvements; and the City of Rexburg herebv pledges to such warrant holders the exercise of all lawful dorporate pm'!t.:rs in the collection of the assessments of the payme~s levied for the coliec cion oP SllC~ ~prrnnts. ~ ~ , Scc~ion 5. That the whole cost of the improvements made in said Local Lateral 3ewerago Improvement District No.4 for Rexburg, Idaho, in the sum of $26,025.59, ond the apportionment of the same as set forth in the ass,essment roll made out and certified as above recited, as revised and confirmed, is_hereby assessed against all of t~e real property in said District as set forth in said assessment roll which is 1,.:crr~b:, specificallv referred to and made a part hereof Is if set forth at len[:tn herein. ,. . . ? ~ ..' S(:~ct.'L()n 0. Said in;:otallments of assessUJ.€rits shall be payable on or before the l~t.h (lc~ or Februarv, 1952, and the unpaid in~tAllm~nts shall bear interest at the rate 0" ::.:i x }J2T' centum per annum, whi cn assessments and interest from the 15th day of April, 19~1, until the maturity of the installments qf said warrants, shall constitute ad arc 1,.,ereby declared to be a lien in the several amounts assessed against each lot or r, r:~;~+-, 0" lr::md hereinbefore sueci fi ed from and aft er the dats- of the confirmat i on of sai d ;'>.;:..;:.:".,:;~+-. roll, \^r'hich lien shall be superior to the lien or' any Y'1ortgage or other . i,(n(;';r'b'~a',(> , 'V'ihether prior in time or not, anel shall consti tute such lien until paid, 2ubje~+- +-0 the extinguishment of anv such lien by the sale of any property on account or t~ nonpayment of genera~ taxes. . , I -"') Section 7. The first oavment of installments of assessments shall become due and Davuble at the exoiration ot ~en months from the date of the warrants herein auth~r- 1zcd, to-wit on the 15th day of ?ebruary, 1952, and subsequent installments at the expiration of each year thereafter, provided that, if ~ny installment is not paid ~it~i~~ twenty days from the date on which said installment shall become dUG, the said j s~allment shall become delinquent and the City Treasurer shall add a penalty of two neT' "'>:.'Y',t.. '\ \... Section 8. Whenever any installment of a..n assessment made for the payment of ~ n+-,Sl',::~ot or principal of the warrants herein a1.J.thorized is not paid when due and 3hall beco~e delinquent, it is hereby declared that all S11Ch unpaid installments and th~ ~hole assessment made against any property in said improvement district to pay th3 costs and expenses of such improvements shall be. immediately due and payable and 1e- '~rq~ent, and the City Treasurer shall forthwith m~rk the same delinquent on the local j )1ll)Y'ovement installment docket and shall add to tl"ie amounts shown on said install'1ent do~ket a penalty of two per centum thereon. "" '7 ---." - '-~---"z::" A '-"::L~-lb' IUUllV G!O.O..ARNA"D Sl....CO.. Sf .LOU'. OTlDIV' '.TC'~ VO 3'-'[ C t 'L .l-:1....~\ 12.. ,'-:. (l-, on ,. Sectior 9. The Citv Treasurer s~all collec~ all in~tallments of assess~ent!: levied t-h '0 .. r ll'thl'Y'. ""l~j TOr'a1 I"'i-,,,~~l '~nl'e'Y'~.re Improvemenl- D. '1,..,'-r'1ct "Y1,j ,,~.)ll l)Por: '...)1.t(-:, Dr per:..,;\} \^ ....1 _'m....~ ...JC.\.Ll..1. .LJ.. .....-'...L ..iC""JI....-J ct...L l."J\....,.'fIJ .~ (,tb' .. _ Iv ~ _ 0\) _ _.' (":.ili" 0. c...4._..L..-L ' ~ .... . '. , . f' ' J r' , 1. ..', 2;1ve pu11.1C notIce In the offl.clal nevvspaper o. Sal(] vJty In tnree COYlsecutlvc ls~;ues if j 11 a dai ly paper, and in one re[:;ular issue if in a weekly paper, the f'i not. publ j_ catio~ cf such notice to be not less than ten days before such assessment OY' Install- ment becomes du'-~, which noti co ~1.-:all state t'le tLTle for payment ~o cebi can'] r,h8 time for payn ert to close, and that a tl,'iO per, cent penalty \'lill be add.ed Clfter dclinque~cy; and shaJl also, within the same time, ~all a post card to each property owner at hIS last kncv.m post office address, cor:tai lJing the subst.ance of said notice and any property owner m~v redeem ~is propertv from said installment by paying the principal tMereof . . , . h' .,~. . f" d' , it' d" l' 1 t (> h 'rnt1--: thE' 1nterest Wl.t.!l]! t,!;", tl!1'!e spec}]}:? Ln S.J.l~ nOJlce, an In c.e,au..L' 01 sue pay- ment thE: same shall become delinquent cwcl a penalty of two per cent shall be added. Froof oi publicatior: by the publisher and affidavit of mailing such notice bv the TrepS"lrET shall be filed in ~he office of r,he treasurer in the file of sajd II'19rOve~lcnt jJi ~:'\"r.ict before the date of delinquency. The failure of the City Trea~3urer to publish or mail any such notice or to do any other act or thing required by this section shall not affEct'such an assessment or installment, nor extend the time for payment thereof, but shaJI subiect the treasurer to liability to the taxpayer for any damage he may sustain by reason of such failure. Section 10. That the City Councilor other authorized taxing officers or the Citv of Rexburg shall for the purpose of ratifyinZ and confirming the assessm,:;:nts her~by nade, levy special assessments each year hereafter sufficient to redeed the installnents of warrants with interest, next thereafter maturing, as issued, pursuant to the Irovisions of this ordinance, and in computing the amount of speciRl assessments to be l~vied against each piece of property liable therefdr, interest at the rate of six per centum per annum from the date of said warrants shall be included in sllch levies. Such assessments shall be made upon the property chargeable for the cost of such imrrovements, respectively, and shall be levied in the same manner as prescribed by law ior the levy and collection of special assessments for such improvemenb where no warrEnts are issued. Section 11. That the officers of the City of Rexburg be and they are hereby authorized and directed to take all action necessary or appropriate to effectua~e the provisicns of this ordinance, including, without limiting the generality of the fore- going, the printing of said warrants and the execution of such certificates as ~ay be required by the purchaser thereof relating to the signing of the warrants, the tenure and idertity of the municipal officials, the amounts certified on the assessment roll, togethel' with the amount of cash payments, the receipt of the purchase price and the absence of litigation pending dr threatened affecting the validity of the bonds. Section 12. That should the courts of this or any other state of the 'Jrited States decla~e any section, provision, paragraph, clause, sentence, phrase, or part of this ordinance invalid, unauthorized or unconstitutional or in conflict with any other section, provision, paragraph, clause, sentence, phrase or part thereof of this ordi- nance, then such decision shall affect only the section, provision, paragraph, clause, sentence, phras~ or part thereof de6lared to be unconstitutional, unauthorized or invalid; and sh~ll not affect any other part whatsoever of this ordinance. The City Council of the ~ity of Rexburg, Idaho, hereby declares that it would have passed this ordinance, and ~ach section, provision, paragraph, clause, sentence or phrase hereof irrespective ofithe fact that anyone or more of the sections, provisions, paragraphs, clauses, sentences or phrases or parts thereof be declared invalid, unauthorized or unconsti tutional. "~4Ii, I " Section 13. That by reason of the fact that certain areas within the City of Rexburg need local improvements, it is hereby declared that an emergency exists, that this ordinance is necessary to the immediate preservation of the public peace, health and safety, andithat it shall be in full force and effect from and after its passage, approval, and p*blication as proviped,by law. PASSED thi$ 21st day of March, 1951. . >>-. , I , APPRo.VED this 21st day of Mar~h-, 1951. A!TE. ST: ,f~ 'DJ....i>..-n Cit~ Clerk. . . )l .. (Seal) ~ , Mayor. , "" QRDINANCE No. 375 AN. o.RDI N.. AN. ~E. AM. EN.. DING o.. RDIN. ANCE N.o.. 344 FIXING THE SALARIES OF THE ELECTIVE o.FFICERS o.f THE CITY o.F REXBURG, .Jll,AHo., AND THE TIMES o.F PAYMENT THEREOF AND PRo.VII)TNG Fo.R AN INCREASE OF,:AtARY OF THE CITY CLERK AND CITY TREASURER. FE IT o.RDAINED, by theUMayor and the City Council of the City of Rexburg, Idaho: [ection 1: That Section 1 of Ordinance No. 344 of the City of Rexburg, Idaho, be amended to read as follows, to-wit: The salaries of the elective officers of the City of Rexburg, Idaho, and the time~ of,payment thereof are hereby fixe~ as follows: The salary of the Mayor shall be Three Hundred Dollars ($300..00.) per year and shall be paid quarterly. .,.,L