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HomeMy WebLinkAboutORD 3500 _ _ • 4. ORD IMNC E No . z AN ORDINANCE AUTHORIZING AND 2ROVIDING POR THE ISSUANCE UP RONDS -OF LOCAL IMB?OVME T DISTRICT N0.2 OF THE CITY OF CALDWBLL , IDAHO, AND PROV ID M G FOR THE F[)W 'AND DETAILS OF SUCH BOVDS . - - MEREAS by Ordinance No.312 of the City of Caldwell, Idaho, as amended by Ordinance Ho.325 -of said City, there was created and established Local Improvement District No. 2, and the making of certain street improvements within. said District was authorized, all of which improvements within said District have. been fully completed and accepted by the City Council, and 1 thereafter on 1,920 the assess- ment roll for said District was filed, and after due public `notice of 4earing thereon such assessment roll was, on 1920, by resolution of the City Council that day adopted, duly ratified, approved and confirmed, and no person filing objections to such assessment roll has appealed to the District Court of the State of Idaho in and for Canyon County from the action of the City Council in ratifying, confirming and approving such assessment roll, and the time for taking and filing said appeal as prescribed by statute has expired, and MEHREAS, subsequent to the passage of said Resolution ratifying, approving, confirming and adopting said assessment roll, the City Clerk published'notice of the time and place for the payment of the assessments contained in said assess- ment roll and as provided by Section 4019 of Idaho Gompiled Statutes, 1919, and the time for paying such assessments as fixed by such notice, has expired, and 7ME11BAS, the total amount of assessments le vied by said assessment roll against private property as in said assessment roll set forth was the sum of of which amount assessments in the sum of -1- 0 11 have b een p ai d an d the balanc e of rp c� d .r ema ins at this time unpaid, and the ,total amount of the assessments contained in such assessment roll did not exceed. 'the contract price and .expense of the improvement in said District, includ- ing engineering and other clerical services, advertising, cost of inspection, cost of collecting assessments and inter- est upon the interim warrants of said District, and WH . SAS by said Ord.inence No .312 , as Emended by said Ordinance No.325, it was provided that bonds of said District should be issued, for the purpose of defraying so much of the cost and expense of said improvement as might be assessed against private property, less the amount of such assessments paid in cash prior to the issuance of bonds, : -NOW', THEREPORE, BE IT ORDAINED by the Mayor and City Council of the City of Caldwell, Canyon County, Idaho, as f llows s Section 1. That there be issued the bonds -of Local Improvement District No. 2 of said City in the princi,pa.l amount of O Sy a_7 , said bonds to be dated. January 1, 1921, to bear interest at the rate of seven per cent per annum, payable semi - annually, on the first days - of July and Janus; to be numbered consecutively, beginning with Bond No. l; to be in denominations of $500 each, except Bo No.1, which shall be for the odd amount less than $500; said bonds to be payable, both principal and interest, at the office of the City Treasurer or at Chase National Bank of New York City, at holder's option, from the special fund in the City Treasury created by Section 4 of said Ordinance No.312 as amended . by . Ordinance r,o .325, and known as: "LOCAL IMPROVE i3NT DISTRICT 170.2 PUIM "; said bonds shall mature ten years after date but may be redeemed prior to maturity on January let, 1922,* or on January lot of any year thereafter, in the -2- r it order of their numbers, lowest .numbers first, whenever there shall be sufficient money in said fund over and above the amount sufficient for the payment of interest on all unpaid bonds to pay the principal of one or more bonds. Call for payment shall be made by the City Treasurer by publication of notice of call in the city official newspaper, which notice shall .state the amount end numbers of bonds called for pay - meAt, the date on which same will be paid, and shall also state that interest upon the bonds so called shall cease upon "such call date. Said bonds shall be signed by the Mayor, --counter-signed by the City Treasurer and attested by the City Clerk, and shall have the City Seal affixed thereto. The interest coupons shall bear the facsimile signatures of such officers, and said officers are hereby authorized to have said bonds prepared, and to execute and deliver the same to the party entitled to receive them. section 2. Said bonds and interest coupons shall be in substantially the following form: UNITED STATES OF AMERICA Bond No. x'500.00. LOCAL IM ERENT BO 1333 OF L IS TR IC T NO.2 O°a" 1 1VE CITY OF CALI3uJELL, STA _'E OF IDAHO i The Laws of the State of Idaho .under which this boml is issued. contain the following provision: "The holder of any bond issued under the authority of this article, shall have no claim therefor again- st the municipality by which the-same is issued, in any event, except for the Collection of the special assessment made for the improvement for which said bond was issued, but his remedy, in case of non - payment, shall be confined to the enforcement of such assessments. A copy of this section. sha Ll be plainly written, printed or engraved on the face of each bond so issued." =0 ALL I,'il1 BY THESE l'RE SMITTS That the City of Caldwell, Canyon County, State of Idaho, hereby promises to 0 4F pay to bearer the sum of five hundred dollars (. 500) , . lawful money of the United 'States, with interest thereon at the rate of seven per cent per annum, payable semi - annually on the first days of July and January, out of the fund estab- lished by Ordinance No.312 of said City$ as amended by Orrdinance 14o.325 of said City, which is known as "LOCAL'' IMOVEMENT DISTRICT 140.2 FUND ", and-not otherwise; both principal and interest payable at the office of the City Treasurer of said City, or at the Chase National Bank in New York City,. holder's• option. A coupon' is hereto r attached for each -Instalment of interest to accrue hereon, and' said interest shall be paid only on presentation and surrender' of such coupons; but in case this bond is called for payment before its maturity, each and every coupon reprPesentigg; interest 'not accrued at the time this bond is payable under such call,' shall be void. ,This bond is payable on or before the first day of January,1931, and is subject to call by the City Treasurer of said City on January 14 or on January 1st of any year thereafter whenever there shall be sufficient money in said fund to pay the same, and all unpaid bonds of the series of which this bond is one; which are prior to this bond, in numerical order, over and above sufficient for the payment of interest on all unpaid bonds of said series, and this bond is one of a series o / bonds, aggregating in all the principal sum of k ��� S`� h L. �`> . 1 issued for said Local Improvement District, all of which bonds are. subject to the same tern and conditions as herein expressed. The City Council of said City, as the agent of said Local. Improvement District No.2 duly created. by Ordinance, has caused this' bond to be issued in the name of said City as the bond of, said "LOCAL- MPROVEMEnT DISTRICT NO.2 and r ' I pay to bearer the sum of five hundred dollars (. 500) , . lawful money of the United 'States, with interest thereon at the rate of seven per cent per annum, payable semi - annually on the first days of July and January, out of the fund estab- lished by Ordinance No.312 of said City$ as amended by Orrdinance 14o.325 of said City, which is known as "LOCAL'' IMOVEMENT DISTRICT 140.2 FUND ", and-not otherwise; both principal and interest payable at the office of the City Treasurer of said City, or at the Chase National Bank in New York City,. holder's• option. A coupon' is hereto r attached for each -Instalment of interest to accrue hereon, and' said interest shall be paid only on presentation and surrender' of such coupons; but in case this bond is called for payment before its maturity, each and every coupon reprPesentigg; interest 'not accrued at the time this bond is payable under such call,' shall be void. ,This bond is payable on or before the first day of January,1931, and is subject to call by the City Treasurer of said City on January 14 or on January 1st of any year thereafter whenever there shall be sufficient money in said fund to pay the same, and all unpaid bonds of the series of which this bond is one; which are prior to this bond, in numerical order, over and above sufficient for the payment of interest on all unpaid bonds of said series, and this bond is one of a series o / bonds, aggregating in all the principal sum of k ��� S`� h L. �`> . 1 issued for said Local Improvement District, all of which bonds are. subject to the same tern and conditions as herein expressed. The City Council of said City, as the agent of said Local. Improvement District No.2 duly created. by Ordinance, has caused this' bond to be issued in the name of said City as the bond of, said "LOCAL- MPROVEMEnT DISTRICT NO.2 and has caused this bond, or the proceeds thereof, to be applied in part payment of so much of the cost and expense of improve- ment of Cleveland Boulevard and other streets in said City, under said Ordinance Yo.312, as emended by said Ordinance '?Yo.325, as is levied and assessed against the property included in said Local Improvement District and benefited by said improvement, and said Local Improvement District No. 2 Fund has been established by Ordinance far said purpose, and the holder or holders of this bond shall look only to said f a. nd for the payment of either the principal or the interest of this bond. The call for payment of this bond., or any bond of I the series of which this is one, shall be made by the City Treasurer by publishing the same in the City official news- paper of said City, as provided by Section 4021 of the Idaho Compiled Statutes, 1919, and when such call is made for the payment of this bond, it will be paid on the day the next interest coupon thereon shall become due after said call, and upon said day interest upon this bond shall cease and any remaining coupons shall be void. IN WITNESS WHEREOF the City of Caldwell, Idaho, has caused these presents to be signed by its Mayor, counter- signed by its Treasurer, attested by its Clerk and sealed with its corporate seal this lst day of jamary,1921. MM CITY O 9 By Countersigned city Treasurer Attest • City Clerk -5- INTMEST COUPON No $17.50. THE CITY OF CALD4WELL, CANYON COUNTY, IDAHO, on the July lst day of January, 19 promises to pay to the bearer, at the office of the City Treasurer, or at the Chase National Bank in New Tork City, at holder's option, the sum of seven- teen and 50 /100 dollars, being six months' interest due that day on Bond No. of the Bonds of "LOCAL 12UR OVEI:IFNT DISTRICT X0.2" and. not otherwise, provided that this coupon is subject to all the terms and conditions cortained in the bond to which it is annexed. THE CITY OF CALDWELL By Mayor Countersigned: J" 01 y Treasurer �a At' est: City Clerk Section 3, For the benefit and assurance of each and every person who may become the holder of said bonds it is hereby certified and declared that all acts, conditions and thing q y s required b the Constitution and Laws of the � State of Idaho, and the Ordinances and Resolutions of said City to be done precedent to the issuance of said bonds, have been don =e, happened and been performed as required by law, and that the amount of bonds authorized to be issued by this Ordinance does not exceed any constitutional or statutory limitation, and for the further assurance of each and every person mho may become the holder of any of such 1Sonds, said City does hereby irrevocably bind and obligate itse t to levy all assessments at the time and in the wanner -required by law necessary to pay the principal and interest of all of said bonds as and when the same become dine, and to promptly take such action as by _ law i may be authorized -6- I to take to compel the, full and prompt payment of all assess- ments so levied, together with penalty and interest thereon in case the same become delinquent, all to the end that the holder of each and every of said bonds may have his bond, together with interest thereon, molly and punctually paid, and that the financial credit of said City may be maintained. Section 4. This Ordinance shall be in force and effect from and after its passage, approval and publication according to law, Passed and approved this day of 01920 Mayor Attest: y U.Lok. Published in the City official newspaper on _1920 -7-