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HomeMy WebLinkAboutORD 369ORDI AI10E ' No" 3 * AN ORDINANCE APPROVING AND 06NFIRMING THE PROCEEDINGS ffAD AND TAKEN IN CREATING AND ESTABLISHING LOCAL SEWER IMPROVEMENT DISTRICT No. 9 OF THE CITY OF CALDWELL - CANYON 04U`IMY0 I�3t�H0 , AND IN TAKING THE ASSESSM 313 FOR THE CONSTRUCTION OF- SEWER SYSTEM THEREIN i APPROVING AND CONFIRMING THE ASSESSMENT ,ROLL PREPARED FOR SAID LOCAL SEWER 'IMPROVEMENT DISTRICT t0« 9, AND .THE. ASSESSMENT LEV'TED'. BY VIRTUE THEREOF ON `THE PROPERTY IN SAID. LOCAL SF;�ER IMPROVEMENT DIMI T 0: 9; AND PROVIDING FOR THE PAYMENT OF SUCH Ass==MITT IN TEN (lO� ' E "U'AL AN NUAL INSTALLMENTS , TOGETHEM WITH Illt REST AT TIME RATE OF SEVEN (7) PER CENTUM PER ANN` M: PROVIDING FOR TIDE FOR OF THE LIEN AGAINST AND SALE` AND PURCHASE 0F' PROPERTY IN SAID IMPROVEMENT DISTRICT UPON WHICH ANY OF SAID SPECIAL ASSESSMENTS SHALL1 HAVE BWOME DELINgUENT; ,REP+ ING ALL ORDINANCES AND RESOLUTIONS" OR PARTS THEREE7F; COI�lFD`ICT` "" .x w. REWITH v AND" DECLARIN4 AM, E RGEN'Cx." EASa Reretofore 'and tthe ;let may, of August A.D. "1921, there was'paseed erid approved b y the � yor and City Council of the City of Ca,ld*ell, 644s County: Ida4pi Ordinance 140 3 wherein and whereby Local Sever japrovement District No.9 of the said City of 'Caldwell, was oreated for the purpose of constructing a sever system therein; and WHEREAS, In ursua of said o r dinance end as required by the laws of the . SU of Idaho, the committee on Sewers, together with the City Engineer d, determine the amount 'of money necessary to be assessed and oolleoted to pay, 'the cost ;of tae Im. prov ements to be constructed in said impxovom0nt district, and thereupon the' Mayor and Council of the Cite of Caldwell did mare out an assessment roll and did cause the same tie be placed on file in t he office of the City Clerk of the said Cit on, to -wit; the : 20th day of February A. D.` 1922 and WHEREAS, in form, .'time and, rnannor as required by law, the Cty Clerk did give notice of the filing of said assessm - ent roll of the time within which protests against the same might be filed and p y stating the time when and lace where the.Cit Council wo uld meet to consider said protests; and WHEREA% At the time specified the City Council met for the purpose of considering protests a "ins,t" -said assessmsnt roll "and, after co'nsido t. on o f protests filed djd determine to oonfirm "s id assess - ment roll. as originally prepardd and filed with said City Glen; and WHER,F'ASs Each and a 1 of the proceedi�ags in the making of the aseessinent fo.r t he cost. of the creation and oxgeni�ation of Local Sewer Improvement Dis'Fx c Ne. 9 of the said City of Caldwell, and the oonstruetion of a.dewer system therein have been and are regular in due form of law according to. the statutes of 'the State of Idaho, and the assessment roll, prepared and filed in said Local 'Sewer Improvement District No.9 o f "the said City, of - Caldwell, is found to be correct and in a000rdance with the cgnstitutioxz and statutes of the State of Idaho. Bow, Therefore, By Reason of the Promises. BE IT' ORDAINED BY Ti4E MAYOR AND 0011WO"LL OF THE CITY OF CALDWML C OUNTY OF CANYON, STATE _ OF IDAHO: Section 1. That th assessment roll prepared by the May and City COUr�oil of said City, and. filed w it11 the City Clerk on the 20th day of February A.Do 1922, and all proceedings of said bdayor and City Council of said City and the City Enginser and Committee on Sewers in making such assessment, b®, and the same are, hereby Approv ed,aand .eoa�irme and the ealaritt' validity and cor ®etnsss of said assessment to "the amount thereof levied on each lot, piece`or par` ©el of land in Local Sewer ImprOvement District °NO* of the City of Caldwell., as described in said assessment roll shall be and is f intia,lly determined and said assessment shall be and is hereby levied upon and declared a "lien against all of thpro;P.ert.y `situa.ted" in" said improve ment district, as described aand contained in said assessment roll, as and to the :amount set forth inry s "aid, : assessment ,roll; and it is Iles ebb deter {uinec and declared that each ;piece or parcel of p.rapsxty Warned 74 in said assessment roll is 'benefited by said improvement to the Hull amount of said assessment against such. pieor or parcel of property. Section 2. That the assessment levied against the lots, pieces or parcels of land in said Local 'S ewer Improvement District No.9 may be paid in tan (10) e qual installments, the first installment to fall due and become delinquent at the same time as the next installment of general taxes levied on the property n said City of Caldwell become due and delinquent together with interest on all unpaid installments of said assessment,. together with- the interest thereon, shall be collected in such manner as shall be provided by law and the ordinances of the City of Caldwell,Tdahci Section 3. The owner of owners of any , lot or parcel ` of land charged with any assessment for the improvement made in said vocal Sewer Im- provement District N o.9 o f the City of Caldwell, may red the same from all liability for such assessment by paying the�entire_assesamant - with4ft thirty t30)" days after the first publication of ,the notice to him of such assessment given by the City Treaasurex,by publication in the official newspaper of said City for three oonseoutive weekly issues. Section 4. The owner or owners of any lot, piece or parcel of 'land charged with any such assessment may redeem the same from all liability of such assessment at any time after said thirty (30) days by paying all the installments of the assessments` which have been levied and. remain unpaid, and also the amount of all the installments levied or unlevied and remaining to be paid, with interest at the rate of seven (7) per oentum per annum for thirty (30) days after the date of the first publication of said notice by said City Treasurer to the time of maturity o f the last installment o f said a s sessment, Section 5., And all such assessments shall b known as "Speoial Assessments for Improvements" and shall be levied and. collected as a separate tax in assition to the taxes for general revenue purposes and placed on 'the tax roll for collection$ subject to the penalty and collected, in the same manner as othex city taxes for said City of Caldwell. Section &. That the Mayor and City Council of said City of Caldwell mey issue in the name of the City,, improvement bonds of Local Sewer Improvement District No.9 ,of the City of Caldwell, none of which bonds shell °ruri longer than ten (10) years nor beat interest exceeding seven ( 7) per oentum per annum, and th issuance of w hich bonds shall be provided for in an ordinance to be hereafter adopted by this Council. section 7. That in case any installment or installments of the special tax levied against any property` or parcels of 'land in said Loral Sewer Improvement District No* 9 by this ordinance or by any amendment or amendments thereto, shall . become delinquent, said City of Caldwell shall and will co,=ence, file and diligently prosecute a suit in a court of competent jurisdiction to foreclose any and all lien., or liens, creat by said special tax levy, and the said City shall take all necessary steps in said suit to procure a decree and judgment of foreclosure and sale of the property and parcels of land so subject to foreclosure and sale, in the manner provided by lave; and the proceeds of such sale to the amount of the delinquent installment or installments of said special assessment, together with all interest and penalties thereon, shall be deposited in the fund hereby created,tc be known as "Local. Sewer Improvement District No,9 Bond, Interest and Sinking Fund" and, said City Treasurer shall apply the same to the payment of the principal and interest of the said improvement district bonle, which may v.. then be or thereafter become due. 81ecsti.on ,9., : %at all ordinances, resolution and orders, or parts thereof, in conflict herawith, are hereby repealed, and this ordinance being neoessary for the intediat.e preservation of the public health peace, and safety, an emergency is hereby declared to exist, and this ordinance shall be in full force and effect i1nmediaieiy after its passag Iand publication as provided by law. PASSED By the City Council this 3rd 'day of April,A ,D 1922. APPROVED: April 3rd, A.D., 19 8, ( SEAL) es --�3r- , ,Attest w- �- lerlc.