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HomeMy WebLinkAboutORDINANCE NO. 417 SEWER - SIGNED - - -- - - - - - - - - - - ~ ~ - -, - - - oJ ....., - A' -"" ,. "-' - II b, ..' - .L 1.. '-' ~ 1 b, 1 '"-l Lt.1 J V r I I OIUJINANCE NO. 416 AN ORDINANCE AUTHORIZING THE TRANSFEH OF REAL PROPERTY OWNED BY THE CITY OF REXBURG, IDAHO, AND NOT NEEDED FOR HUNICIPAL PURPOSES, TO TIIE }1ADISON COUNTY FREE LIBHARY DISTRICT OF HAnISON COUNTY, STATE OF IDAHO, WITHOUT CONSIDERATION ACCRUING TO TIm CITY. BE IT ORDAINED BY TIlli Mayor and Council of the City of Rexburg, Idaho: ) WHEREAS, the City of Rexburg is the Olmer of the following de scri bed real property situated in Rexburg, Madison County, Idaho, to-wit: Commencing at a point 297.5 feet South of the Northwest corner. of Block 33 of the Ci tJr of Rexburg, according to the recorded plat thereof, and running thence South 70 feet; thence East 100 feet; thence North 70 feet; and thence West 100 feet to the point of beginning, and WIIEREAS, said property is not needed by the City of Rexburg, Idaho, for municipal purposes, and WHEllliAS, said property is needed for a public use, to-wit: a public library building, -) and WHEREAS, the Ma~ror and City Council of the City of Rexburg, Idaho, have been petitioned by the Madison County Free Library District to convey the above described property to said library district for said public use, to-wit: The construction and maintenance of a public library; and WHEIlliAS, it is the judgment of said Council that it is for the best interest of said city to transfer and convey the above described real property to the Madison County Free Library District for the purpose of constructing and maintaining a public library building thereon; that such conveyance be made to said library district without any consideration accruing to the City of Rexburg, Idaho; NO\v, THEREFORE, BE IT RESOLVED that the City of Rexburg, Idaho, County of Hadison, transfer and convey to the Madison County Free Library District of Madison County, State of Idaho, the above described real property for the purpose of constructing and maintaining thereon a public library without any consideration accruing to said City of Hexburg, Idaho, for the transfer of said property to the Madison County Free Library District. This ordinance shall take effect and be in force from and after its passage and publication as required by law. Passed and approved this 6th day of April, 19/~Y ~ . _ A ' ~~~:~ Mayor. 0' I, .-:.r, " j') \ l, > ".,.,,! ,- \ ~' "v '} ATT.I2;ST: [ if~~ City Cler . ~I ;J?- l' I ORDINANCE No. 417 I AN ORDINANCE!CREATING LOCAL IMPROVE~lliNT DISTRICT NO.5 IN REXBURG, IDAHO, FOR THE CONSTRUCTION AND INSTALLATION OF SANITARY SEWER LATERALS IN THE CITY OF REXBURG, IDAHO; PROVIDING FOR THE LEVY OF ASSESSMENTS UPON THE PROPERTY TO BE BENEFITED BY SUCH IMPROVEMENTS; STATING THE BOUNDA~ RIES OF SAID DISTRICT: PROVIDING FOR THE PREPARATION OF ' AN ASSESSMENT ROLL: AUTHORIZING NOTICE FOR CONSTRUCTION BIDS; AND DECLARING AN E~IERGENCY. WlIEREAS, on the 20th day of April, 1960, the City Council of the City of Rexburg, Madison County, Idaho, adopted a Re~olution declaring the intention to construct and install sanitary sewer laterals, ~o~plete,~ith manhOles and all other D~cessary appurtenances and restore street surr~ce8 .h&rever necessitated by reason of the construction and in- stallation of said sanitar3 sewer laterals, and to createlmprovement District No. 5 for the construction and installation of said sanitary sewer late~als, which resolution authorized the publication and mailing of Notice of Intention to construct such im- provements and to create such Local Improvement District, and -"'\ WlilllillAS, such notice was duly puplished and mailed as provided by law, and hflilllll.!;AS, in response to such published and mailed notice, there were filed with the City Clerk of said city or in her office six protests against the construction of the proposed improvements or thecreation of said Local Improvement District, or both; and ~ WlIEREAS, on the 11th day of Hay, 1960, at the hour of 7:30 p.m., the City Council of said city met for the purpose of hearing protests against the construction of said im- provements or the creation of said Local Improvement District, or both, and \<lHEREAS, the City Council has duly considered each and every written protest so filed and has fully heard each and every person who wished to be heard with regard to the construction of said improvements or the creation of 3aid Improvement District, and \.vHEHEAS, said protests were not made by the ovners of more than two-thirds of the abutting, adjoining, contiguous and adjacent lots and hnds within said proposed District, and - GEO.D.aAftNAftD ITA, CO... ST.LOU'I " I I I I I I I were eliminated from the proposed District, and all other protests \vere duly overruled II and denied, and the Council ratified and approved the Resolution of Intention as so I modified, and I I I I II il II II i I I' Commencing at the Southeast corner of Lot 1, Block 28 aforesaid, and running thence North 202 feet; thence West 82 feet; thence South 32 feet; thence \vest 149 feet; thence South 170 feet; thence East 231 feet, to the point of beginning, r- I, II I I! II II \v'HEREAS, the council granted two of said protests and the South Half of Lot 3, Block 41 of the City of Rexburg, Idaho, and \vlIErmAS, 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 $60,000.00; and h7HEREAS, such total cost \vhich includes the costs and expenses of all intersections is ~ be assessed upon and against the property \vithin said District to be benefited by he construction of said improvements; and WlillREAS, all preliminary steps and proceedings necessary for the creation of said Impl"ovement District and the construction of the proposed improvements therein have been duly taken and adopted. THEHEFORE, B~ IT OHDAINED BY THE HAYOn AND THE COUNCIL OF THE CITY OF H.L;XBURG, IDAHO: Section 1. That there shall be and there hereby is created a Local Improvement District in the City of Hexbur,~, Idaho, to be known and designated "Local Improvement District No.5, for Construction and Installation of Sanitary Sewer Laterals in Rexburg, Idaho," ~ich shall include all of the lots, lands, and parcels of real property within the boundaries of said District. II Section 2. Said District is within the City of Hexburg, Idaho, and is more particularly I described as follows: II II II II I. Ii Ii 1\ Commencing at a point 100 feet North of t~ Southeast corner of Lot 4, Block 28 of the Original Rexburg Townsite in the City of Hexhur,g, Nadison County, State of Idaho, as per the recorded plat thereof, and running thence North 989 feet to the Northeast corner of Lot 4, Block 27 of said townsite; thence West 330 feet; thence North 730 feet; thence West 297 feet; thence South 430 feet to the Noy'thwe st corner of Lot 2, Block 6 of the Bell and Bigler Addition to t1e City of Hexburg, thence \vest 370.5 feet to a point 330 feet West of the East line of Section 24, Township 6 North, Range 39 East, Boise Heridian; thence South 1485 feet to the center of West Hain Street; thence East 379.5 feet; thence North 166 feet; thence East 627 feetto the point of beginning. ~ Commencing at a point 100 feet South of the Northeast corner of Lot 2, Block 41 of the Original Rex-hurg Townsite, in the City of Hexburg, in Madison County, State of Idaho, as per the recorded plat ~hereof, and runnin,g thenc~ ~outh 2507 f~et to the Southeast corner 9f fO~ L2",,~lock ~ of tw Parker Addl tlon to the Cl ty of H xburg; thence West 759'- teet 1.~;' Uie Southwest corner of Lot 1, Block 1 of the Klingler Addit~on to the City of Rexburp.;; thence North 2507 feet to a point 100 feet South of the Northwest <<>rner of Lot 1, "Block 42 of the Original Rexburg Townsite; thence East 759 feet, to the point of beginning. Commencing at a~int 100 feet South of the Northeast corner of Lot 2, Block 43 of the Original Rexburg Townsite, in the County of Madison, State of Idaho, as per the recorded plat thereof, and running thence South 1154 feet to the Northwest corner of Lot 1, Bloc, 4 of the South End Addition to the City of Rpxburg; thence East:330 feet; thence South 549 feet, more or less to the West line of the Union Pacific Railroad right of way; thence Southwesterly along said right of way line 60 feet, more or less, to the South line of Lot 1, Block 5 of the aforesaid South End Addition; thence lvest 305 feet; more or less, to the West line of said Railroad right of way; uence Southwesterly along the West line of said right of way 700 feet, more or less, to a point equivalent to the South line of Lot 3, Block 2 of the Klingler addition to the City of Rexburg; thence West 360 feet, more or less to a point 330 feet West of the East line of Section 25, Township 6 North, Range 39 East, Boise Meridian; thence North 2003 feet, to the center of West Main Street; thence East 379.5 feet; thence South 166 feet; thence East 379.5 feet, to the point of beginning. <: / ~ .~ ~ Excepting therefrom: Commencing at the Southeast corner of Lot 1, Block 28 afore!said, and running thence North 202 feet; thence \v'est 82 feet; ~ence South 32 feet; thence West 149 feet; thence South 170 feet; thence ,East 231 fee t, to the point of be p.;inni. ng. Also, South Half of Lot 3, Block 41 of the Original Rexburg Townsite. Section 3. The improvements to be constructed within said District are to be the construction and installation of sanitary sewer laterals, complete with manholes and all other necessary appurtenances and the~storation of street surface wherever necessitated by reason of the construction and installation of said sanitary sewer laterals. ,6;'~~ .,..... -~-~._- "---'-,,- :;~._,~""~--'- --... -~~~~ -~ ~.....~"".'.,~..,.".".........-_. ~ - - ----------- - - ---, ---.1 --- - --....................&0' .. ~_L:Lr..J~lb' 1~~lJV \1 II II II- il II il \1 SAID SEHEH TO BE CONSTHUCTED ON THE FOLLOIHNG STHEETS BETWEEN THE FOLLOIHNG POINTS: Sewer Lines in Streets: North 5th West Street from the Center of West Main Street North to a point equivalent to the North line of Block 6 of the Bell & Bigler Addition to the City of Hexburg. South 3rd West Street from a point 166 feet South of the Center of West Main Street South to a point equivalent to the South line of Lot 2, Block 9 of the Par1\::er Addition to the City of Hexburg. South 5th West Street from the Center of West Main Street to a point equivalent to the South line of Block 2 of the Klingler Addition to the City of Hexhurp;. Lateral Sewer lines in Streets: West 1st South Street from a point equivalent to the West line of Lot 4, Block 42 of t he Original Rexburg Tmvnsi te East to the \ve st line of the Union Pacific Railroad right of way, thence Northeasterly along said right of way to a point approximately 100 feet South of the North line of Lot 4, Dlock 42 aforesaid. ~vest 1st South Street from the Center of South 5th West Street East approximately 379.5 feet to the East line of Lot 3, Block 43 of the Ori,ginal Hexburg Townsite. West 1st North Street from the center of North 5th West Street easterly approximately 660 feet; West 2nd South Street from the center of South 5th West Street easterly approximately 709.5 feet. West 2nd South Street from the Center of South 3rd West Street westerly 379.5 feet; From the Center of South 3rd Hest Street approximately 100 feet South of the Northwest corner of Lot 2, Block 7 of the South End Addition to the City of Rexburg easterly approximately 330 feet. West 3rd South Street from the middle of Block 6 Easterly 709.5 feet to the middle of Block 7 in the South End Addition to the City of Rexburg. Section 4. 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 hnd 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 proportion 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 5. The committee on streets and the City Engineer are hereby dir~cted to prepare an assessment roll according to t~ provisions of this ordinance and the law under which ffi id Improvement District i$ created after contracts for the construction of said improve- ments have been let; said a$sessment roll shall contain, among other things, the number of the assessment, the n~melof the owner if kno'vn, or if not known, a statement to that effect, a descr:i.l,)tionof eaCh lot or tract assessed and the total amount of the assess- ment; which 4ssessmlmt,ro"~ upon its completion, shall be certified to the City Council by said Committee on stre,t$ and said City Engineer. Whereupon the City Council will fix a time when object~hs thereto by the property owners in s~District ~will be heard and lvHl cause 'such a$sessment roll to be filed in the or110e of the City Clerk. Section 6. The Mayor and City Clerk shall give public notice calling for bids for con- structing said improvementsj in three consecutive weekly issues of the Rexburg Standard, the official ne~spaper of said city, which notice shall state the time, place and hour when and where 'he City Clerk will receive sealed proposals for the construction of such improvements, and wbich notice shall contain a general discription of the kind and amount of work to be done, the materials to be furnished, as nearly accurate as practicable, using such general terms as to admit of the widest latitude for competition, and shall state that the plans and specifications for said improvements are on file in the offices of the City Clerk and City Engineer, and may be examined or obtained at etther office. The notice shall also state the amount of the estimate of the cost of said improvements, and that each bidder shall ~ccompany 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 che cJ::: to be forfeited to the <i ty as liquidated damages and pla ced in the Local Improvement Fund for said District. Said notice shall reserve the right to reject any and all bids, to lvaive informalities or to accept the pKposal of the best responsible bidder. Also said notice shall state that no bidder may withdraw his bid after the hour set for opening bids. Section 7. All ordinances or parts thereof in conflict herewith are hereby repealed. Section 8. By reason of the fact that the constructi.on of said improvements is im- peratively 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 13th day of Hay, 1960. APPHOVED by the Hayor of the City of R~xburg, t (Seal) ATTEST: r. ife '~\_~ \).~ .\ l'l \ '\ ~. \ Ci ty Clerk. .1 .i ..... .....~r!C>'2W"...H.).M~,' Id"h~hiS 18th d~ o~.v, 1960. J ~ d5' ic,'~. r'::'~ ;; ../' L/<...(::,l_-,~:r" , '~ \...._. ...... ) . ) ii :1 \1 II Ii ,I :1 II 'I Ii II ,I r ,I I' :1 II 1 j: I' 'i " '..) " ') -; ----.; -- - .----~AO' .. '-"':"""""'-Ib, I"-&\A.IIV QIO.D.8AftNARD STA. co.. IT,LOUIe I Thereupon it "as moved by Councilman Zollinger and seconded by Councilman Klingler I that the rule requiring ordinances of a general and permanent nature to be fully and I' distinctly read on three different days be dispensed with and that said or~inance be ,i numbered 417 and be passed and adopted as read. 'I II Thereupon the clerk \"as ordered to call the roll on said motion, and the roll call vote I upon said motion was as follows: Councilmen: G. Alton Anderson Alma Klingler Robert Purrington John Porter Charles Zollinger 11- II Ii II I I I , I Those voting "Aye" I I I I Ii !i " i! The roll being called and all of the members of the Council present voting "Aye", the Ii Mayor declared the motion carried and unanimously adopted. il II Thereupon pursuant to said motion, the City Clerk read the proposed ordinance the 'iftrst time by title, the second time by title, and the third time fully and distinctly, at ~ length, section by section, and the proposed ordinance was p~ced upon final passage. liThe Mayor ordered the roll of the Council called, and the roll being called by the 1'1' City Clerk, the vote upon the final passage of the ordinance was as follows: 11'1 Those voting "Aye" Councilmen: G. AltonAnderson I Alma Klingler 1'1 Robert Purrington , ~Tohn Porter ~ Charles Zollinger ~ Those voting "Nay" None ~ The Mayor thereupon declared that the motion, having been passed by not less than ~~ree-fourths of the Council, had been duly carried, and that said Ordinance No. 417 was ~dUlY passed and adopted. I The City Clerk was directed to publish said Ordinance No. 417 in at least one issue of the Rexhurg Standard, a newspaper PUblishe~in the Cit~r of Rexburg, Idaho.....,..,,"'. t !/ //'/ ......,p ~ / ,r-~' -:. / / / , '1 ~t,(J.'(,/; i-:-'< - (/y/Ui/C7~ Hayor. _ I '--.: , .-":,,' 'I \, ,,' \ , Those voting "Nay": None Thereupon the meeting adjourned. (Seal) Attest: ro&'lJt~ 7n &.M Ci ty Clerk. , f,," ',,;. -',,,,..,,.,, ~ '7 OIUJINANCE NO. 418 AN ORDINANCE DEEMING IT ADVISABLE TO ISS1)~ MUNICIPAL COUPON BONDS OF THE CITY OF REXBURG, MADISON COlJNTY, STATE OF IDAHO, IN THE AMOUNT OF $28,000.00, FOR.THE PURPOSE OF IMPROVING THE ARTlruR PORTER, JR. PUBLIC PARK BY COMPLETING A SWINMING POOL THEREIN; PROVIDING FOR A SPECIAL ELECTION IN SAID CITY TO VOTE UPON THE QUESTION OF ISSUING ffiJCH BONDS AND SPECIFYING PROVISIONS TO BE MADE FOR THE PAYHENT OF SUCH BONDS. Ii.. WHEREAS, it is deemed necessary at this time that the Arthur Porter Jr. Public Park in the City of Rexburg, Idaho, be improved by the completion of a swimming pool located therein, and WHEREAS, the City of Rexburg, Idaho, does not have funds available for said purpose, and WHEREAS, it is deemed advisable by this City Council that municipal coupon bonds or said City in the amount of $28,000.00 be issued and sold for such purpose, NOlv, THEREFORE, BE IT ORDAINED BY THE HAYOR AND COUNCIL OF THE CITY OF REXBURG, MADISON COUNTY, STATE OF IDAHO: Section 1. That it is deemed advisable by the City Council that municipal coupon bonds of the City of Rexburg in the amount of $28,000.00 be issued and sold to provide funds for the purpose of improving the Arthur Porter, Jr. Public Park by completion of the swimming pool located therein. , I . ~ c ,. ,. . . . ~ )