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HomeMy WebLinkAboutORDINANCE NO. 391 LID 15 - SIGNED - - - - -} .-..- - -.J .. '-....lOo.__ab, .. "\'-'..{~~\...llb, .lUUIIV &IO.D. 8"RNA.RD ITA. CO., IT. LOUIS -~- cI it r 'I I I ORDINANCE NO. 390, CONT. Each day that a violation is perJ11itted to exist, after notification by the Building Inspector, shall constitute a separate offense. Any building erected, razed, converted, or land or premises used in violation of any provisions of this ordinance or the requirements thereof, is hereby declared to be a common nuiGilnce and such common nuisance may be abated in such manner as nuisances are noV! or may hereafter be abated under existing law. SECTION XV EFFECTIVE DATE This ordinance shall take effect and be in full force from and after its passage, approval and publication as required by law. Should any section, clause or provision of this ordinance be declared by the court to be inv!llid, the same shall not affect the validity of t he ordinance as a 'o'.'hole or ,'\ny part thereof other than the part declared to be invalid. PASSED AND APPROVED this 16th day of March, 1955. ATTEST: . ~ ,9_/ ,f..~ Mayo ['~xt~. 7n RA~rf City Clerk. . ORDINANCE NO. 391 I 1 I j j 1 ..I AN ORDINANCE CREATING LOCAL IMPROVnmNT DISTRICT NO. 15 IN REXBURG, IDAHO, FOR THE PURPOSE OF CONSTRUCTING AND RECONSTRUCTING CURBS AND GUTTERS; THE CONSTRUCTION OF DRA.INAGE WORKS INCIDENTAL TO SAID IMPROVElmNTS WITHIN SAID DISTRICT; PROVIDING FOR THE LEVY OF ASSESSMENTS UPON THE PROPERTY TO BE BENEFITED BY SUCH IMPROVl!MENTS; STATIIfG THE BOUNDARIES OF SAID DISTRICT; PROVIDING FOR THE PREPARATION OF AN ASSES$1tENT ROIJ.,; AUTHORIZING NOTICE FOR CONSTRUCTION BIDS; AND DECLARING AN n4ERG:fNCY · WHEREAs, on the 16th day of March, 1955, the City Council of the City of Rexburg, Madison County, Idaho, adopted a Resolution declaring the intention to construct and reconstruct curbs and gutters and the construction of drainage works incidental to said improvements, and to create improvement district No. 15 for the construction and reconstruction of said curbs and gutters and drainage works incidental to said improvements, which resolution authorized the publication and mailing of notice of intention to construct such improvements and to create such Local Improvement District, and -1 WHEREAS, such notice was duly published and mailed as provided by law; and WHEREAS, in response to such published and mailed notice there were no written protests against the construotion of the proposed improvements or the creation of said improvement distriot f~led with the City Clerk or said City or in her orfice, and WHEREAS, on the 6th day or April, 1955, the City Counoil met at the hour of 8 o'olock P. 14., for the .purpose of hearing protests against the oonstruction of said improvements, and WHEREAS, no protests were made or filed and no one appeared before the City Council to be heard with respeot to the construction of said improvements or the creation of said district, and i ~ WHEREAS, the City Engineer has made estimates of the cost of all labor and material for the construction of the proposed improvements in said District, such estimate of total cost being the sum of $12,200.00; and '.., ~t " WHERE4S, a portion of such total cost is to be assessed upon and against the property within 8ai~ District to be benefited by the construction of said improvements; and WHEREAS, all preliminary steps and proceedings necessary for the creation of said improve- ment district and the oonstruction of the proposed improvements therein have been duly taken and adopted; t THEREFORE, BE IT ORDAINED BY THE Mayor and the Council of the City of Rexburg, Idaho: Section 1. That there shall be and there hereby is created a local improvement district in the City of Rexburg, Idaho, to be known and designated "Local Improv_ent District No. 15, City or Rexburg, Idaho, It which shall include all of the lots, lands and parc els of real property within the boundaries of said District. Section 2. Said District is within the City of Rexburg, Idaho, and is more particularly described as follows: . '_'.J.. ..: . ~l ~~ .---.., -- - .~--~~~o, . '-..........,-.Ab' &-""'-&1'-' q, :l ORDINANCE NO. 391, CONT. LOTS AND LANDS Rexburg Townsite BLOOK 17: Beginning at the Southeast corner of Block 17, Rexburg Townsite, thence west 140.25 feet; thence North 165.00 feet; thence West 89.75 feet; thence North 165 feet; thence West 100 feet; thence North 165 feet; thence East 75 feet; thence North 42 feet to the South Bank of the Rexburg Irrigation Company Canal; thence East along the South Bank of said Canal to where same intersects the East boundary line of said Block 17; thence South 525 feet more or less to the point of beginning. BLOCK 18: Beginning at the Southwest corner of Block 18, Rexburg Town- site, thence North 578 feet; thence in'a Northeasterly direction, following the meanderings elf the Rexburg Canal to the Center line of Block 18; thence South 480' feet.; thence West 165 feet; thence South 56.5 feet; thence West 75 feet; thence South 0.5 feet; thence West 7.5 feet; thence South 108 teet; thence West '82.5 feet to the point of beginning , . BLOCK 25: : Beginning at the gdutheast corner of Block 25, Re.xburg Town- site; thence North 80 teet; thenc~i~est 150.75 feet; thence Northeasterly 134.8 feet; more or 1essl thence t~st.28 feet; thence Northeasterly 100 feet more or less, thence East 17.5 fee€, ~ore or leSs; thence North 16.5 feet; thence West 330 feet; thence S9uth 198 feet; t~enge West 99 feet; thence South 33 feet; thence West 99 ,reet; thence South 99 feet; thence East 660 feet to the point of beginning. . ",J . ' BLOCK 30: Beginning at the Northeast corner of Block 30, Rexburg Town- site; thence South 122.5 feet; thence SouthWesterly along O.S.L.R.R. Right of Way line to the South line of Lot 1, Block 30; thence West to a point 8 feet East of and paralleling the center of the spur of O.S.L. right ot way; thence Northeasterly along said spur to a point 256 teet South of the North line of Lot 1; thence North 83 feet; thence West 128.79 teet; thence North 90.5' feet; thence West 330 feet; thence North 82.5 feet; thence' East 660 teet to the point of beginning. , -, PARKER ADDITION BLOCK 5: All of Lot 1, Block 5, Parker Addition. RIGBY ADDITION BLOCK 7: Beginning at the Southwest corner ot Lot 5, Block 7, Rigby Addition; thence East 330 teet; thence North 198 teet; thence West ,188 teet; thence South 118 feet; thence West 142 feet; thence South 80 feet to the point of beginning. , BLOCK 10: Beginning at the Northwest Corner of Lot 1, Block 10, Rigby Addition; thence South 130 teet; thence East 75 teet; thence South 2 teet; thence East 255 teet; thence North 132 teet; thence West 330 teet to the point of beginning. Beginning at the Southwest corner ot Lot 5, Block 10, Rigby Addition; thence North 70 ~eet; thence East 140 teet; thence North 62 teet; thence East 190 feet; thenc~ South 132 teet; thence West 330 feet to the point ot beginning. ' BLOCK 15: ~ts 1, 2, 3, Block 15, Rigby Addition. BLOCK 16: Beginning at the Northeast corner ot Lot 10, Block 16, Rigby Addition; thence West 75 feet; thence South 144 teet; ,thence West 225 feet; thence South 3 teet; thence East 142 teet; thence South 150 teet; thence East 158 feet; thence North 297 teet to the point of beginning. BLOCK 16: Beginning at the Northwest corner ot Lot 1, Block 16, Rigby Addition; thence South 297 teet; thence East 158 teet.; thence North 150 teet; thence East 142 teet; thence North 3 teet; thence Wes-t 124 teet; thence North 144 feet; thence West 176 teet to the point ot begiMing. The estimated total cost of said improvements is $12,200.00 of which the sum ot $11,500.00 is the total cost and expense to the property abutting, adjoining, contiguous and adjacent to said improvements; and the sum ot $700.00 is the total cost and expense of the Street and Alley Intersections. l Section 3. The improvements to be constructed within said District are to construct and recon- struct curbs and gutters and the construction of drainage works incidental to said improvements. STREETS AND AVENUES TO BE IMPROVED WITH CURBS AND GUTTERS AND DRAINAGE Vi'ORKS INCIDENTAL TO SAID IMPROVEMENTS. 2nd East Street: 3rd.East Street: -, From the South property line of 3rd South Street South 297 feet. From the South property line of 3rd South Street South 297 feet, and trom the North property line of 2nd North Street North 578 feet. From the East property line of 2nd North Street 330 feet. From the East property line of 3rd East Street East 330 feet. 3rd South Street: 2nd South Street: -I, First North Street: From the East property line ot 3rd West Street tothe.West property line of 2nd West Street. 2nd West Street: On the West side of street trom the South property line of 1st North South 122.5 feet. Section 4. In the judgment of the City Council of the said City, it is fair and equitable that $700.00 of said total cost be paid by said City from its general tund for the cost and expense of street and alley intersections within the proposed District and in addition thereto the said City shall pay the costs and expenses of improvements to be constructed on streets and a~enues adjoining lots and lands owned by the City of Rexburg. The costs and expenses of the proposed improvements to be assumed and paid by the said City are deemed to be fair and equitable in considerltion of tPe public benetit to be derived by said City from the construction of said improvements. _. - ----------- _~~A.' -...-......J ""'& & '-..I:.lIto.'-'-&b, &. '\~.L'~~Ulb' IUUIIV OIO.D.."RNARD STA.CO., IT.LOU18 ORDINANCE NO. 391, CONT. Such part of the cost and expenses of the proposed improvements as is not paid or assumed by the City shall be assessed against the lots and lands abutting, adjoining, contiguous or adjacent to the proposed improvements to the center of the block facing said improvements. Section 5. Each lot and parcel of land shall be separately assessed for its share of the costs and expenses of constructing said improvements in proportion to the number of square feet of such lots and parcels of land abutting, adjoining, contiguous and adjacent thereto or included within said District to the distance back from such street, if platted in blocks to the center of the block, if platted in lots to the center of the lots, and if not platted, to the distance of 125 feet in propor- tion to the benefits to be derived from such improvements, sufficient to cover all of the portion of the cost and expense of the work to be so levied and assessed to the center of the street. Section 6. The committee on streets and the City Engineer are hereby dir(3cted to prepare an assessment roll according to the provisions of this Ordinance and the law under which said Improve- ment District is created after contracts for the construction of saidi~pro.vements have been letj said assessment roll shall contain, among other things, the number of the assessment, the name of the owner if known, or if not known a statement to that effect, a description of each lot or tract assessed and the total amount of the assessment; which assessment roll, upon its completion, shall be certified to the City Council by said Committee on~treets and aaid City Engineer. Whereupon the City Council will fix a time when obje~~ions thereto ,by the property owners in said District will be heard and will cause such assessment rpp' to be f~le4, in the office of the City Clerk. Section 7. The Mayor and City Cier~ shall give public notice calling for bids for constructing said improvements, in three consecutive weekly issues of the Rexburg Journal, the official newspaper of said City, which notice shall state the t.ime, place and hour when and where the City Clerk will receive sealed proposals for the construction af such improvements, and which notice shall contain a general description af the kind and amount af wark to. be done, the materials to be furnished, as nearly accurate as practicable, using such ~neral,ter.ms as to. admit af the widest latitude far competitian, and shall state that the plans and specifications far said improvements are on file in the affices af the City Clerk and City Engineer, and may be examined or obtained at either office. The natice shall alSo. state the amount of the estimate of the cost of said improvements, and that each bidder shall accampany his bid with a certified check or bid bond in the amount of 5 per cent of the bid in case the contract is awarded to such bidder and he fails or refuses to. enter into the contract and give the bond required, the proceeds of such check to. be forfeited to the City as liquidated damages and placed in the Local Improvement Fund for said District. Said notice shall reserve the right to reject any and all bids, to waive informalities or to accept the proposal of the best responsible bidder. Also said notice shall state that no bidder may withdraw his bid after the hour set for apening bids. Section 8. All ordinances or parts thereof in canflict herewith are hereby repealed. Section 9. BY reason of the fact that the canstruction of said improvements is imperatively necessary, it is hereby declared that an emergency exists, that this Ordinance is necessary to the immediate preservation of the public peace and safety, and that it shall be in full force and effect from and after its passage, approval and publication as provided by law. PASSED by the City Council of the City of Rexburg, Idaho, this 18t.h.day of May, 1955. APPROVED by the Mayor of the City of Rexburg, Idaho, this 18th day of May, 1955. ATTEST: (Z;;~ L~_ ~ ~rYv.:rL(L. 7;1'1 j t., City Clerk. ORDINANCE NO. 392 AN ORDINANCE TO PROTECT THE PUBLIC HEALTH AND PROMOTE THE GENERAL WEIFAREj PROVIDING FOR THE CONTROL, REGULATION, COLI..EtTION, RmLOVAL AND DISPOSAL OF ALL GARBAGE, WASTE, REFUSE AND 1mBBISHj PROVIDING FOR THE MAKING AND COLLECTION OF CHARGES THEREFORj DECLARING C(ERTAIN ACTS TO BE MISDQlEANORSj AND PROVIDING FOR THE PUNISHMENT THERFDF j REPEALING AtLL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREt'fITH. ... BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE City of Rexburg, :Madison County, Idaho: Section I: That to. prot.ect the public health and promote the general welfare, the City of Rexburg, Idaho, its duly authorized agents, servants or employees, shall have the sole and exclusive right to gather and collect-garbage, waste, refuse, and rubbish within said City and it shall be unlawful for any person,~irm.()r corporation, except as otherwise provided in this OI!dinance, to collect or gather garbage,W'aste, refuse or rubbish within said City. Section II: As used in this ordinance, the following terms shall be construed to take the meaning as defined herein: a. Refuse: The term refuse shall include garbage, and non-putrescible wastes except sewage from all public . '~ ..\, .-..tt" It, !lit" ". rubbish, ashes and all other putrescible and private establishments and residences. i .. . ./ . ... ,- . j .~'"- I . j !1 , ~'~~ i.,ri .~~~ - .' 'r.' lV',>., ...;.- \. ',. > ~.