HomeMy WebLinkAboutORD 8031
2
3
4
5
6
7
8
9
10
11
12
13
°w 14
15
a 16
v ° 17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
0
BILL NO. 2q
ORDINANCE NO. 1 0 Zy
BY COUNCILMAN WEICK
AN ORDINANCE CONFIRMING THE CREATION AND ESTABLISHMENT OF LOCAL
IMPROVEMENT DISTRICT NO. 19 FOR THE CITY OF CALDWELL, IDAHO; CON-
FIRMING AND APPROVING THE ASSESSMENT ROLL FOR SAID DISTRICT AS
FILED IN THE OFFICE OF THE CITY CLERK ON THE 25TH DAY OF AUGUST,
1952, AND ACCEPTED, APPROVED AND CONFIRMED BY THE COUNCIL ON THE
8TH DAY OF SEPTEMBER, 1952; 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, CONTIGUOUS AND
ADJACENT LOTS, BLOCKS AND LANDS AND PARCELS OF LAND AND UPON THE
LOTS, BLOCKS, LANDS AND PARCELS OF LAND BENEFITED AND INCLUDED IN
SAID IMPROVEMENT DISTRICT; PRESCRIBING THE 14ANNER FOR THE PAYMENT
OF SAID ASSESSMENT; PROVIDING FOR THE ISSUANCE OF INSTALLMENT BONDS
OF SAID DISTRICT; PROVIDING THE FORM, MATURITIES, MAXIMUM INTEREST
RATE AND ALL OTHER LEGAL REQUIRE=TS RELATIVE TO THE ISSUANCE OF
SAID BONDS.
WHEREAS, the Mayor and Council of the City of Caldwell, ir.
the County of Canyon, State of Idaho, pursuant to and in full com-
pliance with all legal, requisite, and preliminary proceedings, and
pursuant to Ordinance No. 792, passed by the Council and approved
by the Mayor on the 3rd day of March, 1952, and heretofore created
and established LOCAL IMPROVEMENT DISTRICT NO. 19 FOR THE CITY OF
CALDWELL, IDAHO, for the purpose of constructing sewers, ditches,
drains, conduits, and channels for sanitary and drainage purposes,
either or both thereof, with outlets, cesspools, manholes, catch
basins, flush tanks, septic tanks and all other sewer appurtenances
necessary for the comfort, convenience, health and well -being of
the municipality within said district; and
WHEREAS, said improvements are to be made and completed ir
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. 792 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,
1
2
.3
4
5
6
7
8
9
10
11
12
13,
y o 14
15
oil 16
o��
c ° 17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
i
in and for said Local Improvement District No. 19, fixing the total
costs of the improvements to be paid by the owners of property in
said district at the sum of Twenty -seven Thousand One Hundred
Ninety -nine and 84/100 Dollars ($27 and assessing said
amount against the abutting, adjoining, contiguous and adjacent
lots, blocks, lands and parcels of land benefited and included in
said improvement district and in proportion to the benefits accru-
ing to said property by reason of the improvements for said assess-
ment was, and is in all respects duly and lawfully made, and which
said assessment roll was heretofore on the 25th day of August,
1952, duly certified by 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
roll, the City Clerk of the City of Caldwell gave notice by pub-
lication in three successive issues of the official newspaper of
the City of Caldwell that said assessment roll was on file in her
office, giving the date of filing of the same, and stating 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 con-
sideration at the appointed time and place and no objections or pro-
tests whatever having been filed in said matter and no one appearing
to object to said assessments or said assessment roll or to any
matter in relation thereto; and
WHEREAS, said assessment roll having come on regularly f
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 proceedings in making such
assessment having been, by said Mayor and said City Council found
regular, valid, correct, equitable, fair, just, proper and in
-2-
1
2
3
4
5
6
7
8
9
10
11
12
13
go 14
0 3 .1
4� 15
WJ
O 16
th ° 17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
0
•
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 assess-
ment roll, as more fully appears 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 11th day of September, 1952, and the time for payment to
close, to -wit: the loth day of October, 1952, the last publica-
tion of said notice, the 29th day of August, 1952, was not less
than thirty days before the issuance of said bonds authorized or
to be authorized; which said notice advised said property owizers
that the owners of any property assessed within 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
property from such liability; that in response to said notice,
payments were made in the sum of Two Thousand Three Hundred Seventy
and 16/100 Dollars ($2,370.16); and
WHEREAS, in the discretion and opinion of the City
Council of the City of Caldwell, the unpaid balance of costs of
improvements made or to be made in said Local Improvement District
No. 19, which is existing and chargeable to the abutting, adjoining,
contiguous, adjacent and benefited lots, blocks, lands and parcels
of land 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 de-
sires to issue in the name of said municipality, improvement bonds
of said Local Improvement District No. 19 for the City of Caldwell,
Idaho, to bear the date, the 1st day of December, 1952, payable as
M-C
1
2.
3
4
5
6
7
8
9
10
11
12
13
3 0 14
el
a
jig 16
5 Q 17 1
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
C�
40
nearly as may be in ten annual installments of approximately equal
amounts, each of said bonds maturing annually in the respective
years from 1953 to 1962 inclusive; and the City Council of said
City of Caldwell considers it advisable to issue said bonds in
denominations of Five Hundred Dollars ("500.00) and one bond which
may be for such odd amount, not less than One Hundred Dollars
($100.00), as may be necessary and proper, said bonds to be in the
sum of Twenty -four Thousand Eight Hundred Twenty -nine and 68/100
Dollars ($2+,829.68); NOW, THEREFORE,
RE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CALDWELL, IDAHO, AS FOLLOWS:
Section 1. That all the proceedings, matters and things
heretofore taken, had and done in connection with the creation and
establishment of Local Improvement District No. 19 for the City of
Caldwell, Idaho, and in connection with the construction therein
of the improvements consisting of sewers, ditches, drains, conduits,
and channels for sanitary or drainage purposes, either or both
thereof, with outlets, cesspools, manholes, catch basins, flush
tanks, and septic tanks, the construction of said improvements and
the apportionment of the costs and expenses of said improvements
against the abutting, adjoining, contiguous, adjacent and benefited
lots, blocks, lands and parcels of land of said district as set
forth in said assessment roll be, and the same hereby in all res-
pects are fully approved, ratified and confirmed.
Section 2. That the unpaid costs and expenses of said
improvements within the boundaries of said Local Improvement Dist-
rict No. 19 for the City of Caldwell,'Idaho, which are chargeable
and assessed to the abutting, adjoining, contiguous, adjacent and
benefited lots, blocks, lands and parcels of land within the said
district shall be paid for in installments as nearly as may be in
ten equal annual payments, said installments payable as provided
by law in each of the years 1953 to 1962 inclusive.
lair
1
2
3
4
5
6
7
8
9
10
11
12
13
��o
14
o at
M :e
15
16
t7 °
17
16
I
19
20
21
22
23
24
25
26
27
28
29
30
31
32
Section 3. That there be issued in the name of the City
of Caldwell, Idaho, improvement bonds of said Local Improvement
District Igo. 19 for the City of Caldwell, Idaho, in the principal
sum of Twenty-four Thousand Eight Hundred Twenty -nine and 68/100
Dollars ($2+ which said bonds shall bear the date, the lst
day of December, 1952, and shall bear interest at a rate not to ex-
ceed five per cent (5 %) per annum, payable semi - annually on the lst
day of June and the lst day of :Deca b.er of each year, said interest
to be evidenced by coupons attached to said bonds. Said bonds shat
consist of forty -nine (49) bonds in the denomination of Five
Hundred Dollars ($500.00) each, numbered from two (2) to fifty
(50) inclusive, and one bond in the denomination of Three Hundred
Twenty -nine and 68/100 Dollars ($329.68) numbered one (1), and the
total sum and issue of said bonds hereby authorized shall be pay-
able as nearly as may be in equal annual amounts; said bonds to
mature as follows:
$2,329.68 in the year 1953; $2,500.00 in each of the
years 1954, 19559 1956 1957, 1958 1959, 1960, 1961
and 1962.
Said bonds and coupons thereto attached shall be payable at the
office of the City Treasurer of the City of Caldwell, Idaho, or
at The First National Bank of Caldwell, Caldwell, Idaho, at the
option of the Holder; 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, Idaho, affixed thereto; provided however,
that all coupons shall, in lieu of being signed, have printed there-
on 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 Dis-
trict for said interest.
Section 4. That said bonds and the coupons thereto attack
ed as authorized by this Ordinance shall be in substantially the
following form :.
—5—
UNITED STATES OF AMERICA
STATE OF IDAHO
21
3
i
COUNTY OF CANYON
CITY OF CALDIC- LL
LOCAL IMPROVEMENT DISTRICT NO. 19
FOR THE CITY OF CALDWELL, IDAHO
IMPROVEMENT BOND
0
a�
� 4 a
w �
U
No. 0
$ 500.00
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 Five Hundred Dollars ($500.00)�/in lawful money of the
United States of America, on the presentation and surrender of
this obligation, on the first day of Decem2rT A. D. Nineteen
Hundred and , with interest thereon from the date
thereof until paid at the rate of per cent per annum, pay-
able semi - annually in like medium on the first day of Jui;e and
the first day of 1>_c:embg7, in each year, on the presentation 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, or at The First National Bank of Caldwell,
Caldwell, Idaho, at the option of the holder.
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 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 follow-
ing 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 in-
terest upon said bonds shall cease upon such date.
This bond is one of a series issued for the payment of
cost and expense of local improvementsin said Local Improvement
District No. 19 for the City of Caldwell, Idaho, as authorized by
Section 50 -2925 of the Idaho Code of the State of Idaho, and all
other laws thereunto enabling, or in amendment thereof, and in con-
formity with said law, it is hereby recited that: The holder of any
bond issued under the authority of this act shall have no claim
therefore against the municipality by which the same is issued, ex-
cept 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
responsible 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 enforcement of all
assessments made for the payment of such bonds.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
The principal sum herein named and the interest thereon
shall be payable out of the local improvement fund created for the
payment of cost and expense of such improvements or out of any
10
1
"Local Improvement Guarantee Fund" created in accordance with
Chapter 30 of Title 50 Idaho Code of the State of Idaho, and not
2
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
3
indebtedness of said city. And it is further certified and recited,
that the requirements of law have been fully complied with by the
4
proper officers in the issuance of this bond, and the total amount
of this issue does not exceed any limit prescribed by law.
5
For the collection of the assessments levied in said
6
Local Improvement District No. 19 for the City of Caldwell, Idaho,
the said City of Caldwell, County of Canyon, State of Idaho, hereby
7
pledges the exercise of all lawful corporate powers.
8
IN TESTIMONY WHEREOF, the City Council of the City of
Caldwell, Idaho, has caused this bond to be signed by the Mayor
9
of the said City, attested by the Clerk thereof under the seal
of said City, and countersigned by the City Treasurer of said City
10
as of the first day of December, A. D. 1952•
11
i
12
Mayor --
ATTEST:
13
g o
14
City Clerk
H2
16
COUNTERSIGNED::
O °
17
City Treasurer
18
(FORM OF COUPON)
19
No. 0
(December
20
On the first day of (dune ) A. D. 19_, the City of
21
Caldwell in the State of Idaho, will pay to the bearer
22
Dollars, in lawful money of the United
23
States of America, out of the funds collected by special assessments
24
in Local Improvement District No. 19 for the City of Caldwell or
25
out of the "Local Improvement Guarantee Fund" in accordance with
26
Chapter 30 of Title 50 Idaho Code, at the office of the City
27
Treasurer of the City of Caldwell, Idaho or at The First National
28
Bank of Caldwell, Caldwell, Idaho, at the option of the holder,
29
being six month's interest on Local Improvement District No. 19
30
for the City of Caldwell, Idaho, Improvement Bond, Dated December 1,
31
1952•
32
(Facsimile Signature)
Mayor
-7-
1
2
3
4
5
9
10
11
12
13
g 14
oil
�4� 15
16
t5 ° 17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
0
ATTEST:
(Facsimile Signature),_,___,
City Clerk
COUNTERSIGNED:.
0
(Facsimile Signature)
City Treasurer
Section 5. That said bonds, when executed shall be issu
to the lawful purchaser thereof, and when so issued shall transfer
to said purchaser, or to any owner or holder thereof, all the right
and interest of the City of Caldwell in and with respect to every
assessment against the property in said district liable to assess-
ment for such local improvements, and the lien thereby created
against the property of such owners assessed as shall not have avail
ed themselves of the provisions of law in regard to the redemption
of their property from the lien of such assessment, and shall auth-
orize the owners and holders of said bonds to receive, sue for and
collect or have collected such assessment embraced in any such bond,
or through any of 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 cost of the improvements made
to the Local Improvement District No. 19 for the City of Caldwell,
Idaho, and the apportionment of the same as set forth in the assess-
ment roll made out according to the provisions of Ordinance No.. 792
and filed in the Office of the City Clerk on the 25th day of August,
1952, and confirmed by the Council on the 8th day of September, 1952
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 pay-
able on or before April 1 of each year; the unpaid installments steal
10
1
2
3
4
5
6
7
8
9
10
11
12
13
3 0 14
e�
<� 15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
0
bear interest at the rate not to exceed five per cent (50) per
annum, which assessments and interest from the 1st day of December,
A. D., 1952, (being the date said improvement district bonds auth-
orized by this ordinance) until the maturity of said bonds, are
hereby declared to be a lien in the several amounts assessed agains
each lot or tract of land hereinbefore specified from and after the
date of confirmation of said assessment roll and shall have prior-
ity over all other liens except general taxes.
Section 8. 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 install
ments 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 become delinquent and
the City Treasurer shall add a penalty of two per cent (2 %) thereto
Section 9. Whenever any installment of an assessment
made for the payment of interest or principal of the bonds herein
authorized is not paid when due, and shall become delinquent, 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 immed-
iately due and payable and delinquent 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 (2f) thereon.
Section 10. The City Council or other authorized taxing
officer of Caldwell shall, for the purpose of ratifying and con-
firming the assessments hereby made, levy special assessments each
year hereafter sufficient to redeem the installment of bonds with
interest, next thereafter maturing, as issued pursuant to the pro-
visions of this ordinance, and in computing the amount of special
assessments to be thus levied against each piece of property liable
1 therefore, interest at the rate of five per cent (5 %) per annum,
2 from the date of the issuance of said bonds next thereafter matur-
3 ing shall be included in such levies. Such assessments shall be
4 made upon the property chargeable for the cost of such improve-
s meats, respectively, and shall be levied and collected in the same
6 manner as prescribed by law for the levy and collection of special
7 assessments for such improvements where no bonds are issued.
8 Section 11. This ordinance shall be in force and take
9 effect from and after its passage, approval and publication accord -
10 ing to law.
11
12 PASSED by the Council the 3rd day of November, 1952.
13 APPROVED by the Mayor the 3rd day of November, 1952•
� 14
o
<�
16 ,a or of the City of Cal well
County of Canyon, State of Idaho.
17
18 ATTEST:
19
20
Clerk of the City of Caldwell,
21 County of Canyon, State of
Idaho.
22
23
24
25
26
27
28
29
30
31
32
-10-