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HomeMy WebLinkAboutORDINANCE NO. 395 LID 15 - SIGNED -7 ---e,/ -- - '----~.~, .. '-"',"""-'-l.b, 1.'--I~llV 1 I II II Iii :1 ORDINANCE NO. 395 AN ORDINANCE CONFIHMmG THE ASSESSMENT ROLL FOR LOCAL IMPROVEUmT DISTRICT NO. 15 IN REXBURG" IDAHO" FOR CONSTRUCTION AND RE-CONSTRUCTION OF CURBS AND GUTTERS AND THE CON- STRUCTION OF DRAINAGE WORKS INCIDENTAL TO SAID IMPRO'mlENTS WITHIN SAID DISTRICT; ORDERING ASSESSllENTS TO BE MADE IN ACCORDANCE WITH THE ASSESSMENT ROLL AND PRESCRIBING DETAILS CONCERNING SAID ASSESSMmTS. I WHEREAS" the City Council of the City of Rexburg" Idaho" has created within said City Local Improvement District No. 15" for Rexburg" Idaho" for the purpose of construction and re-construction of curbs and gutters and the construction of drainage works incidental to said improvements within said district" and WHEREAS, the committee on streets of said CounCil, together with the City Engineer, made out an assessment roll for said district pursuant to the laws of the State of Idaho and of said City and certified said roll to said CounCil" and 1 WHEREAS" said Council caused said roll to be filed in the office of the City Clerk on the 27th day of June" 1955, and gave the requisite legal notice that written objections to said roll might be filed with the City Clerk and that said Council would hear and consider any written objections on Wednesday, July 13, 1955" at 8 o'clock p.m. at the City Hall in said City, and WHEREAS, said Council met at said place and date to hear and consider all objections filed, and WHEREAS" the clerk repor.ted that no written objections were fUed and no person appeared at said Council meeting with oral obj~ctions. ') NOW, THEREFORE" BE IT ORDAINED by the Mayor and Council of the City 0 f Rexburg, Idaho: SECTION I. The City Council of the City of Rexburg" Idaho, hereby confirms the assessment roll certified and filed with the City Clerk for Local Improvement District No. 15 for Rexburg" Idaho, for the construction and re-construction of curbs and gutters and the construction of drainage works inci_ dental to said improvements within said district, and hereby orders the levy of the assessment shown in said roll and hereby levies against each lot and parcel of land shown in said roll the amount of assessment listed therein. SECTION II. The City Clerk shall immediately certify and file said roll with the City Treasurer and said assessments shall be due and payable to the City Treasurer twenty days from the date of the publication of this ordinance, being the date of the confirmation of said roll, and if not paid within thirty days thereafter shall become delinquent, provided that all such assessments, or any part thereof, may at the election of the owner be paid in installments with interest as hereinafter provided. Failure to pay the whole assessment within said period of thirty days shall be conclusively considered and held an election on the part of all persons interested, either under disability or other wise, to pay in such installments herein. In case of such election to pay in installments, the unpaid assessment shall be payable to said City Treasurer in ten substantially equal annual installments of prinCipal, the first of which installments of principal shall be due and payable on or before the 8th day of August, 1956" and the remainder of said installments shall be due and payable successively on or before the same day in each year thereafter until paid in full, with interest in all cases on the unpaid and deferred installments of principal from the 8th day of August, 1955, at the same rate of interest as that provided for in the special assessment bonds to be hereafter authorized, sold, issued and delivered, but not to exceed seven per cent per annum, payable annuallJr at the office of the City Treasurer, the first annual payment of interest being due and payable on the said 8th day of August, 1956, and the remainder of said annual insta.llments of interest being due and payable on the 8th day of August in each year thereafter. Failure to pay any installment, .hether of prinCipal or interest, when due, shall cause the whole of the unpaid principal to become due and payable immediatelJr, and the City shall pro- ceed to collect all of said UJlpaid assessments, both principal and interest, and all penalties, in the manner provided by the Local Improvement District Code of the State of Idaho and all laws amendatory thereof and supplemental thereto. Prior to the issuance of a. deed, the owner may pay the amount of all unpaid i.pstallments, with all interest and all penalties accrued, and shall thereupon be restored to the right thereafter to pay in installments in the same manner as if default had not been suffered. The owner of any property not in default as. to any installment or payment may, at any time, pay the whole of the unpaid principal with interest accruing thereon to the next interest paying date. SECTION ill. The City Treasurer shall Plblish a notice in the Rexburg Journal, a weekly newspaper which is the official newspaper of, and is published in said City, in accordance with the provisions of Section 50-2929, Idaho Code" for two consecutive issues, stating the time for payment to begin and the time for payment to Close, the last publication of said notice to be not less than thirty days before the issue of any bonds authorized to be issued for such payments. --, SECTION IV. The said notice shall be in substantially the following form: \, NOTICE OF ASSESSMENT TO PROPERTY OWNERS IN LOCAL IMPRO~T DISTRICT NO. 15 FOR REXBURG, IDAHO" FOR THE CONSTRUCTION AND REr-CONSTRUCTION OF CURBS AND GUTTERS AND THE CONSTRUCTION OF DRAINAGE WORKS INCIDENTAL TO SAID IMPROVE- MENTS WITHIN SAID DISTRICT. """" NOTICE IS HEREBY GIVEN that the assessment roll for Local Improvement District No. 15 for Rexburg, Idaho, for the construction and re-construction of curbs and gutters and the construction of drainage works incidental to said improvements within said district, was con- firmed by the City CouncU of Rexburg, on July 13, 1955, and a certified copy of said roll is now on file in my office. The assessments levied against property within said district shall be due and payable to the undersigned, City Treasurer, twenty days from said date of con- firmation of said assessment roll by the Council and if not paid within thirty days there- after shall become delinquent and shall be collected in the same manner as provided for other delinquent assessments provided that all such assessments, or any part thereof, may at the election of the owner, be payable in ten substantially equal annual installments and said assessments remaining unpaid shall bear interest and be due and payable annually in ten successive years as provided in the ordinance confirming said assessment roll. Dated this 13th day of July, 1955. -, City Treasurer. -~ " ---." - .---- ~a~, .. ,_.....~ _I b, .~~IIV GIO.D. .""HARD ITA. CO.. aT ,LOU'. ORDINANCE NO. 395, CONT. I I SECTION V. That the officers of the City be, and they hereby are, authorized and directed to take all action necessary or appropriate to effectuate the provisions of this ordinance. SECTION VI. That all ordinances or parts thereof in conflict with this ordinance are hereby repealed. After the bonds of said Local Improvement District for the City of Rexburg, Idaho, have been hereafter issued, this ordinance shall constitute a contract by the City and the holder or holders of said bonds and shall be and remain irrepealable until said bonds and the interest accruing thereon shall have been fully paid, satisfied and discharged. SECTION VII. That, by reason of the fact that certain areas within the City of Rexburg need said 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, 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 13th day of July, 1955. APPROVED BY THE Mayor of the City of Rexburg, Idaho, this 13th day of July, 1955. APPROVED: ~ ATTEST: ~9;;.. / L:./(. M . fniJ]~ City Clerk. ')' m. tllv~ I ' l l/ ORDINANCE NO. 396 AN ORDIi~ANCE CONC:":RNING THE CnEATION OF, IHPHOVElfENTS IN, ASSESSMENTS AGAINST PROPERTY I!\, AND STREET I11PROVEMENT BONDS FOR LOCAL !:'iPHO\T;.]i/:ENT DISTRICT NO. 14 FOR CONST:RUCTION AND RECONSTRUCTION OF CUHBS AND GUTT.'c;RS AND THE CONSTRUCTION OF DPAINAGE VlORKS INCIDENTAL TO SAID n,IPROVEDLSNTS WITHIN SAID DISTRICT; AND PFDVIDING V'lHEN THIS ORDINANCE SHALL BE IN EFFECT. ~TI1E~~~AS, the City Council of the City of Rexburg, Idaho, has heretofore adopted proceedings for the construction of improvements in Local Improvement District No. 14 for the construction and reconstruction of curbs and gutters and the construction of drainage works incidental to said improvements within said district, Ordinance of s~id City No. 394, confirming the assessment roll for such improvements hDving been duly adopted and approved on July 13, 1955, and \lliEREAS, notice of assessments to property owners in said district has been duly published in accordance with the requirements of said Ordinance No. 394 and the laws of the State of Idaho and ;::JHEHEAS, the share of the cost of the construction of improvements in said district assessed to the owners of private property in said district is $124,163.18 and :j i~S, during the 20 day period following the confirmation of said assessment roll the owners of private property paid $46,513.71 on the prinCipal of their assessments, and WHEREAS, on. March 21, 1951, the City Council of said City adopted, and t he Mayor of sa id City approved, Ordinance No. 373, creating a Local Improvement Guaranty Fund, to be used to guarantee bonds and warrants of local improvement districts in said City. NOW, THEREF9RE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF REXBURG, IDAHO: , Section 1. Thae'al1 of the proceedings heretofore taken and adopted for the creation of said Local Improvement District No. 14 for the construction of drainage works incidental to said improvements wi t~in said district, and for the construction of improvements therein, a nd the assessment of a part of the cost of constructing such improvements on and against the private properties in sa~d district, including the provisions of said ordinanc~.N. o. 373, which shall apply to the bonds hereafter mentioned, shall be and the same are hereb~ ratified, approved and confirmed. . , " Section 2. That the unpaid assessments chargeable to the abutting, adjoining, contiguous and adjacent lot~, blocks and parcels of land within said city, shall be paid for in installments, payable as nearly as may be possible in ten equal annual payments on or before the 8th day of August in eaqh of the years from 1956 to 1965, both inclusive and bearing interest on the unpaid prineipa1ithereof from the 8th day of August, 1955, at the net rate of interest as specified and de~ermined by the outstanding street "ir'provement herein authorized, one year's interest being p,yable annually on or before the 8th day of August in each of said years, both the principal of land the interest on said assessments being payable in lawful money of the United States of 'America at the office of the City Treasurer of said City, as heretofore more specifically provided. Section 3. That the Treasurer of the City of Rexburg be, and he is hereby aut horized and empowered, and it shall be his duty to receive and collect all assessments letied to pay the cost of said improvements, the installments thereof, the interest thereon, and the penalties accrued, including, without limiting the generality of the foregoing, the whole of the unpaid principal which becomes due and payable immediately because of the failure to pay any installmen t, whether of principal or interest, when due, and to pay and disburse such payments to the person or persons lawfully entitled to receive the same, in accordance with the laws of the State of Idaho, and all the ordinances and resolutions of said City heretofore or to be hereafter adopted. All monies constituting the payment of principal of said unpaid installments of assessments shall be placed , ,'j .. h J: