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HomeMy WebLinkAboutORD 1013 LID No. 52 - Sewer InfrastructureA i BILL NO. 16 ORDINANCE NO. 1013 BY COUNCILMAN 3110 -RB AN ORDINANCE CONFIRMING THE CREATION AND ESTABLISHMENT OF LOCAL IMPROVEMENT DISTRICT NO. 52 FOR THE CITY OF CALDWELL, IDAHO; CONFIRMING AND APPROVING THE ASSESSMENT ROLL FOR SAID DISTRICT AS FILED IN THE OFFICE OF THE CITY CLERK ON THE 3rd DAY OF JUNE, 1963, AND ACCEPTED, APPROVED AND CONFIRMED BY THE COUNCIL ON THE 17th DAY OF JUNE, 1963; PROVIDING FOR THE PAYMENT IN INSTALL- MENTS OF THE COSTS AND EXPENSES OF THE IMPROVEMENTS MADE OR TO BE MADE IN SAID DISTRICT; ASSESSING THE COSTS AND EXPENSES OF SAID IMPROVEMENTS UPON OR ACROSS THE ABUTTING, ADJOINING, CON- TIGUOUS, AND ADJACENT LOTS, BLOCKS AND LANDS AND PARCELS OF LAND, UPON THE LOTS, BLOCKS, LANDS AND PARCELS OF LAND BENEFITED AND INCLUDED IN SAID IMPROVEMENT DISTRICT, AND PRESCRIBING THE MANNER FOR THE COLLECTION AND PAYMENT OF SAID ASSESSMENT; PRO- VIDING FOR THE ISSUANCE OF INSTALLMENT BONDS OF SAID DISTRICT; PRESCRIBING THE FORM, MATURITIES, MAXIMUM INTEREST RATE, AND ALL OTHER LEGAL REQUIREMENTS RELATIVE TO THE ISSUANCE OF SAID BONDS. WHEREAS, The Mayor and Council of the City of Caldwell, in the County of Canyon, State of Idaho, pursuant to and in full compliance with all legal, reguisite, and preliminary pro- ceedings, and pursuant to Ordinance No. 1,000, passed by the Council and approved by the Mayor in the 4th day of February, 1963, have heretofore created and established Local Improvement District No. 52 for the City of Caldwell, Idaho, for the purpose of constructing sewer improvements therein. WHEREAS, Said improvements are to be made and completed in said district, pursuant to said proceedings; and WHEREAS, The Committee on Sewers, together with the City Engineer of the City of Caldwell, have heretofore, according to the provisions of Ordinance No. 1,000, and in all respects according to law and the ordinances of said City, made out and duly certified by the City Council of the City of Caldwell, an assessment roll of, in, and for said Improvement District LAW OFFICES SMITH & MILLER CALDWELL, IDAHO 1 6 • No. 52, fixing the total costs of the improvements to be paid by the owners of property in said district at the sum of EIGHT THOUSAND TWO HUNDRED FIVE & 59/100 ($8,205.59) DOLLARS and shall be taxed and assessed upon all of the property included in said local improvement district as described in Section 1, Ordinance 1,000 and assessed said costs and assessments in proportion of the number of lots, blocks, lands and parcels of land and those adjacent to said local improvement district No. 52 and in proportion to the benefits derived by reason of said improvements, for said assessment was, and is, in all respects duly and lawfully made, and which said assessment roll was heretofore on the 3rd day of June, 1963, duly certified to the City Council of the City of Caldwell, and filed with the City Clerk of said City; and WHEREAS, upon certification and filing of said assessment I roll by the City Clerk of the City of Caldwell gave notice by publication in three successive issues of the official newspaper of the City of Caldwell that said assessment roll was on file in his office, giving the date of filing of the same, and stat the time at which the Council would hear and consider objections to said assessment; said notice being given in all respects according to law; and WHEREAS, The time for filing objections and protests having expired and said matter having come on for hearing and consideration at the appointed time and place and no objections or protests whatsoever having been filed in said matter and no one appearing to protest or object to said assessments or said assessment roll, or to any matter in relation thereto; and WHEREAS, Said assessment roll having come on regularly -2- LAW OFFICES SMITH & MILLER CALDWELL, IDAHO • 0 for hearing and consideration and the same having been fully and duly considered by the Mayor and City Council of said City, and said assessment roll, together with all the proceed- ings in making such assessment having been, by said Mayor and said City Council found regular, valid, correct, equitable, fair, just, proper and in all respects legal and according to the laws of the State of Idaho and the ordinances of the City of Caldwell, said Mayor and Council approved and confirmed said assessments and said assessment roll, as more fully appear by order of said City Council in said proceedings; and WHEREAS, notice of time, place and manner of making . cash payments was duly given by the Treasurer of the City of Caldwell, according to law, to the property owners to be assessed within said district, stating the time for payment to begin, to -wit: the 24th day of June, 1963, and the time for payment to close, to -wit: the 29th day of 'July, 1963, the last publication of said notice, to -wit: the 28th day of June, 1963, was not less than thirty days before the issuance of said bonds authorized or to be authorized to be issued; which said notice advised said property owners that the owners of any property assessed within the said district might pay his assessment in full within the time provided, or before the issuance of said bonds of said district, and redeem his grope from such liability; that in response to said notice, payments were made in the sum of $2,407.33; and WHEREAS, in the discretion and opinion of the City Council of the City of Caldwell, Idaho, the unpaid balance of costs and expenses of the improvements made or to be made in said Local Improvement District No. 52, which is existing and -3- LAW 0FFI0E9 SmirK & MILLER CALDWELL, IDAHO chargeable to the abutting, adjoining, contiguous and adjacent I i lots, blocks, lands and parcels as set forth in said assessment roll, should be provided for and paid in installments instead of levying and collecting the entire tax or special assessments therefor, at one time; and WHEREAS, The City Council of the City of Caldwell desire to issue in the name of said municipality, improvement bonds i of said Local Improvement District No. 52 for the City of Caldwell, Idaho, to bear the date, the lst day of September, 1963, payable as nearly as may be in ten annual installments of approximately equal amounts, each of said bonds maturing annually in the respective years from 1964 to 1973, inclusive; and the City Council of said City consider it advisable to issue said bonds in denominations of FIVE HUNDRED & N0 1100 ($500.00) DOLLARS and one bond in the amount of TWO HUNDRED NINETY EIGHT & 26/100 ($298.26) DOLLARS, said bonds to be in the sum of FIVE THOUSAND SEVEN HUNDRED NINETY EIGHT & 26/100 ($5,798.26) DOLLARS. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CALDWELL, IDAHO, AS FOLLOWS: Section 1. That all proceedings, matters and things heretofore taken, had and done, in connection with the creation and establishment of Local Improvement District No. 52 for the City of Caldwell, Idaho, and in connection with the constructio therein of the improvements, the construction of said improve- ments the apportionment of the costs and expenses of said improvements against the abutting, adjoining, contiguous, and adjacent lots, blocks, lands and parcels of lands in said district as set forth in said assessment roll, be, and the -4- LAW OFFIC68 SMITH & MILLER CALDWELL, IDAHO • • same are hereby in all respects fully approved, ratified, and confirmed. Section 2. That the unpaid costs and expenses of said improvements within the boundaries of said Local Improvement District No. 52 for the City of Caldwell, Idaho, which are chargeable and assessed to the abutting, adjoining, contiguous and adjacent lots, blocks, lands and parcels of lands within the said district shall be paid for in installments payable as nearly as may be in ten equal annual payments; said install- ments payable as provided by law, in each of the years 1964 to 1973, inclusive. Section 3. That there be issued in the name of the City of Caldwell, Idaho, improvements bonds of said Local Improvement District No. 52 for the City of Caldwell, Idaho, in the principal sum of $5,798.26, which said bonds shall bear date the first day of September, 1963, and shall bear interest at a rate not to exceed six (6 %) per cent per annum, payable semi - annually on the first day of March and the first day of September of each year, said interest to be evidenced by coupc attached to said bonds. Said bonds shall consist of 11 bonds, 10 in the denomination of FIVE HUNDRED & N0 1100 ($500.00) DOLLARS each and numbered from two (2) to eleven (11) inclusive and one bond in the denomination of TWO HUNDRED NINETY EIGHT & 26/100 ($298.26) DOLLARS, numbered one (1), and the total sum and issue of said bonds hereby authorized shall be payable as nearly as may be in equal annual amounts; said bonds to mature as follows: $298.26 in the year 1964; $500.00 in each of:the years 1965 through 1971 $1,000.00 in each of the years 1972 through 1973 -5- LAW OFFICE® SMITH & MILLER CALDWELL, IDAHO Said bonds and coupons thereto attached shall be payable at the office of the City Treasurer of the City of Caldwell, Idaho; said bonds shall be signed by the Mayor and attested by the City Clerk and counter- signed by the City Treasurer of the City of Caldwell, and each bond shall have the corporate seal of the City of Caldwell, Idaho, affixed thereto; provided however, that all coupons shall, in lieu of being signed, have printed thereon and shall bear the engraved facsimile of the signature of said Mayor, City Clerk and the City Treasurer of said City, and when so executed, shall so constitute the binding obligation of said District for said interest. Section 4. That said bonds and the coupons thereto attached as authorized by this Ordinance shall be in substan- tially the following form: UNITED STATES OF AMERICA STATE OF IDAHO COUNTY OF CANYON CITY OF CALDWELL LOCAL IMPROVEMENT DISTRICT NO. 52 FOR THE CITY OF CALDWELL, IDAHO, IMPROVEMENT BOND NO. The City of Caldwell, In the County of Canyon, State of Idaho, for value received, hereby promises to pay to the bearer the sum of ($ ) DOLLARS in lawful money of the United States of America, on the presentation and surrender of this obligation, on the first day of September, A.D Nineteen Hundred and , with interest thereon from the date thereof until paid at the rate of six per cent (6 %) per annum, payable semi - annually in like medium on the first day of March and the first day of September, in each year, on the pre- sentation and surrender of the proper coupons hereto attached, both principal and interest payable at the office of the City Treasurer of the City of Caldwell, Idaho. This bond is payable on the date hereinabove specified, but shall be subject to call at any time whenever there shall be sufficient money in the bond fund of such Local Improvement District to pay the principal of one or more bonds of this LAW OFF106® SMITH & MILLER CALDWELL, IDAHO series, which shall be called and paid in their numerical order. Such call shall be made by publication in the official newspaper on the day following the delinquency of any installment of the assessment, or as soon thereafter as practicable, and shall state that the bond or bonds so called, giving the serial number will be paid on the day the next interest coupons on said bond shall become due, and interest upon said bonds shall cease upon such date. This bond is one of a series issued for the payment of costs and expenses of local improvements in said Local Improve- ment District No. 52 for the City of Caldwell, Idaho, as author- ized by Section 50 -2925 of the Idaho Code of the State of Idaho, and all other laws thereunto enabling, or as amendment thereof, and in conformity with said law, it is hereby recited that: The holder of any bond issued under the authority of this act shall have no claim therefor against the municipality by which the same is issued, except to the extent of the funds created and received by assessments against the property within any local improvement district as herein provided for and to the extent of the local improvement guarantee fund which may be established under Chapter 30 of Title 50 of the Idaho Code of the State of Idaho; but the municipality shall be held respon- sible for the lawful levy of all special taxes or assessments herein provided for and for the faithful accounting, settlements and payments of the special taxes and assessments levied for the payment of the bonds as herein provided for. The owners and holders of such bonds shall be entitled to a complete enforc ment of all assessments made for the payment of such bonds. The principal sum herein named and the interest thereon shall be payable out of the local improvement fund created for the payments of costs and expense of such improvements or out of any "Local Improvement Guarantee Fund" created in accordance with Chapter 30 of Title 50 of the Idaho Code of the State of Idaho, and not otherwise. This obligation is not to be deemed or taken to be within, or any part of, the limitation imposed by law as to the indebtedness of said city. And it is further certified and recited that the requirements of law have been fully complied with by the proper officers in the issuance of this bond, and the total amount of this issue does not exceed any limit prescribed by law. For the collection of the assessments levied in said Local Improvement District No. 52 for the City of Caldwell, Idaho, the said City of Caldwell, County of Canyon, State of Idaho, hereby pledges the exercise of all lawful corporate powers. IN TESTIMONY WHEREOF, The City Council of the City of Caldwell, Idaho, has caused this bond to be signed by the Mayor of the said City, attested by the Clerk thereof under the seal of said City, and countersigned by the City Trea=surer of said City as of the first day of Sept emb #, A 1963 .V, ° E. L. VASSAR Mayor ATTEST • J61114 L ENGLE'HART City Clerk COUNTERSIGI ED: LAW 0 FIGE9 SMITH IN MILLER ALTA WILLIAMS CALDWELL, IDAHO Cit Treasurer -7 (FORM OF COUPON) No. On the first day of (March) (September) A. D. 19 , the City of Caldwell in the State of Idaho, will pay to the bearer ($ ) DOLLARS, in lawful money of the United States of America, out of the funds collected by special assessments in Local Improvement District No. 52 for the City of Caldwell or out of the "Local Improvement Guarant Fund" in accordance with Chapter 30 of Title 50 Idaho Code, at the office of the City of Caldwell, Idaho, being six months' interest on Local Improvement District No. 52 for the City of Caldwell, Idaho, Improvement Bond, Dated September 1, 1963. (Facsimile Signature) Mayor ATTEST: (Facsimile Signature) _ City Clerk COUNTERSIGNED: (Facsimile Signature) City Treasurer Section 5. That said bonds, when executed shall be issued to the lawful purchaser thereof, and when so issued shall trans- fer to said purchaser, or to any owner or holder thereof, all the right and interest of the City of Caldwell, if any, with respect to every assessment against the property in said district liable to assessment for such local improvements and the lien thereby created against the property of such 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 such bonds to receive, sue for and collect or have collected such assessment, and shall authorize the owners and holders of such bonds to receive, sue for and collect or have collected such assessment embraced in any such bond, or through any of LAW OFFICES SMITH & MILLER CALDWELL. IDAHO 0 0 the methods provided by law for the collection of assessments for local improvements; and the City of Caldwell hereby pledges to such bondholders the exercise of all lawful corporate powers in the collection of the assessments levied for the payment of such bonds. Section 6. That the whole costs of the improvements made to the Local Improvement District No. 52 for the City of Caldwell, Idaho, and the apportionment of the same as set forth in the assessment roll made out according to the provisions of Ordinance No. 1,000 and filed in the Office of the City Clerk on the 3rd day of June, 1963, and confirmed by the Council on the 17th day of June, 1963, is hereby assessed against all the real estate in said district set forth in said assessment roll, which is hereby specifically referred to and made a part hereof, the same as if set forth at length herein. Section 7. Said installments of assessments shall be payable on or before September 1 of each year; the unpaid installments shall bear interest at the rate not to exceed six per cent (6 %) per annum, which assessments and interest from the first day of September A. D., 1963, (being the date said improvement district bonds authorized by this ordinance) until maturity of said bonds, are hereby declared to be lien in the several amounts assessed against each lot or tract of land hereinbefore specified from and after the date of confirmation of said assessment roll and shall have priority over all other liens except general taxes. i Section B. The first payment of installments of assess- ments shall be due and payable at the expiration of four months from the date of the bonds herein authorized and subsequent -9- LAW 0 FICES SMITH & MILLER CALDWELL, IDAHO 0 installments at the expiration of each year thereafter; provided, that if any installment is not paid within twenty days from the date, said installment shall become due the same shall be delinquent and the City Treasurer shall add a penalty of two per cent (2 %) thereto. Section 9. Whenever any installment of any assessment made for the payment of interest or principal of the bonds hrerin authorized is not paid when due, and shall become delin- quent, it is hereby declared that all such unpaid installments and the whole assessment made against any property in said improvement district to pay the cost and expense of such improvements shall be immediately due and payable and delinquen and the City Treasurer shall forthwith mark the same delinquent on the Local Improvement Docket and shall add to the amount shown on said installment docket a penalty of two per cent (2%) thereon. Section 10. The City Council or other authorized taxing officer of Caldwell, shall for the purpose of ratifying and confirming the assessments hereby made, levy special assessment each year hereafter sufficient to redeem the installment of bonds with interest next thereafter maturing, as issued pursuan to the provisions of this ordinance, and in computing the amount of special assessments to be thus levied against each piece of property liable therefor, interest at the rate of six per cent (6 %) per annum, from the date of the issuance of said bonds next thereafter maturing shall be included in such levies. Such assessments shall be made upon the property chargeable for the cost of such improvements,respectively, and shall be levied and collected in the same manner as -10- LAW OFFICHS SMITH & MILLER CALDWELL, IDAHO prescribed by law for the levy and collection of special assessments for such improvements where no bonds are issued. Section 11. This ordinance shall be in force and take effect from and after its passage, approval and publication according to law. PASSED By the Council this 19th day of August, 1963. APPROVED By the Mayor this 19th day of August, 1963. Mayo "r of the City of Caldwell County of Canyon, State of Ida ATTEST: � r s Clerk of the City tt Caldwell, - County of Canyon, State of Idaho. -11- LAW OFFICES SMITH & MILLER CALDWELL, IDAHO