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Home My WebLink AboutORD 979BILL NO ORDINANCE NO. BY COUNCIUMM BE IT ORDAINED by the Mayor and Council of the City of Caldwell, Idaho: Secion 1. That there be and hereby is created a local sewer to wit: (1) Suitable sewers and drains for sanitary purposes and sewer appurtenances thereto, including drains, manholes, flush tanks and other sewer appurtenances, Section 3. That said improvements shall be constructed in accordance with the plans and specifications thereon on file in 50 LAW OFFICE$ SMITH IN MILLER CALDWELL. IDAHO proportion to the number of square feet of lands and lots, abutti adjoining, contiguous, and adjacent thereto, and included in said Local Improvement District No. 49, and in proportion to the benefits derived by said improvement. knstallments shall bear interest not exceeding the rate of sevzz per cent per annum, payable annually. Such assessments shall be known as special assessments for improvements. For the purpose of meeting the expenses of said improvements during the course of construction, warrants shall be issued against the funds of said district, payable to the contractor or other installments of which to mature within one year from date and the last installment of which to mature within ten years from date and shall bear interest at the rate not exceeding seven per cent per ME LAW *Pyles SMITH & MILI-SR CALOWEL" IDAHO 0 0 annum, payable either annually or semi- annually, as may be determined by the City Council. Such bonds shall not be issued in excess of the contract price and expense of such improvements, including engineering and clerical services, advertising, costs of inspection, costs of collecting assessments and interest upon warrants, and all legal services for preparing the proceedings and advising in regard thereto; said bonds shall be numbered consecutively from one up and shall be in the denomination of 4500.00 except bond number one, which may be for an odd amount not less than $100.00, as may be necessary and proper: Coupons shall be attached to said bonds for each annual or semi - annual installments of interest; each bond and coupon shall be signed by the Mayor and countersigned by the City Treasurer and attested by the City Clerk; provided, however, that such coupons may, in lieu of being signed, have printed thereon the facsimile of the signatures of said officers and each bond shall have the seal of the city affixed thereto and shall refer to the improvement district for the payment of which the same'is issued, and shall provide that the principal sum therein named and the interest thereon shall be payable out of the local improvement fund of said district, created for the payment of the costs'and expenses of such improvement, and not otherwise. There is hereby created in the City Treasury of the City of Caldwell, Idaho, a special fund to be known as "Vocal Improvement District No. 49 Fund ", which is hereby created for the payment of the costs and expenses of such improvement; and all assessments which shall.be levied for.the payment of the costs and expenses of the said improvement shall as collected be immediately paid into the said fund and no portion of the said fund shall, so long as any of the bonds of said district shall remain outstanding and unpaid, be used for any other purpose than for the payment of the principal and interest of said bonds. The hold6rs of said bonds shall have no claim therefor, against the city except from LAW ar"CSY SMITH & MILLER CALDWELL. IDAHO the collection of the special assessments made for the improvement for which said bonds were issued; this remedy, in case of non- payment, shall be confined to the of such assessments, and a copy of Section 50 -2935, Idaho Code, shall be plainly written, printed or engraved upon.the face of each bond so issued. All assessments which shall be levied against the land in said local improvement district shall become a lien upon lots, tracts or parcels of land against which liens shall take precedence over all other liens and may be enforced and foreclosed in accordance with the provisions of Chapter 29, Title 50, of the Idaho Code. Whenever there shall be sufficient money in the fund of said district over and above the amount sufficient for the payment of interest on all unpaid bonds in said district to pay the principal of one or more bonds, the treasurer shall call in and pay such bonds in their numerical order, lowest number first, which call shall be made by publication in the official newspaper of the City of Caldwell, and shall state the bond numbers (giving the serial numbers of the bonds called) which will be paid on the day the next interest on said bonds shall become due, and interest on said bonds shall cease upon said date. Section 6. As soon as this ordinance shall be passed and approved, and be in effect, the Committee on Water and Sewer, together with the City Engineer, shall determine the amount of the costs and expenses of said improvements to be assessed upon the abutting, adjoining, contiguous and adjacent lots and lands included in said district, and shall make out an assessment roll according to law and the provisions of this ordinance, which shall contain among other things, the number of the assessments, the name of the owners if known, or if not known, that the name is unknown, a description of said tract assessed and the total amount of the assessment; and the total cost and expense of said improvement to be so assessed shall be divided into ten equal installments. Said assessment roll shall be certified to the -4- LAW OFRface SMITH MILLER CALDWELL. IDAHO 0 0 City Council and filed with the City Clerk, and notice of hearing thereon shall be given, and hearing thereon had as provided in Chapter 29 of Title 50, Idaho Code, and following the hearing the City Council shall pass an order, approving and confirming said assessment roll as originally filed or as corrected by them, and their decision and order shall be a final determination of its regularity, validity, and correctness of said assessment roll, of each assessment therein contained, and the amount thereof levied upon each lot, piece or parcel of land within the said improvement district subject only to appeal as provided by Chapter 29 of Title 50, Idaho Code, and annually thereafter the Council shall levy a special assessment against the property within said district sufficient to redeem the bonds in said district next maturing, together with interest falling due upon all bonds then outstanding; such assessment shall be made upon the property chargeable for the costs of such improvements, respectively; and the basis upon which the first installment of the assessment is levied shall be retained for the assessment of the succeeding installment. Section 7. Within fifteen days after the assessment roll shall have been confirmed by the Council, the City Engineer shall prepare and file with the City Clerk a map of the improve- ment district showing each piece of property separately assessed, according to the description in the assessment roll, and shall number each piece of property shown on said map with the corres- ponding number of the assessment on said roll. Section 8. That said Committee on Water and .Sewer, the City Engineer and the City Council shall be governed in the preparation, approval and confirmation of such assessment roll by the provision of Chapter 29, Title 50, of the Idaho Code, and by the provisions of this ordinance. Section 9. All ordinances, resolutions, orders or parts LAW OF cgs SMITH IN MILLER CALDWELL. IDAHO thereof, in conflict herewith are hereby repealed, rescinded and annulled. Section 10. This ordinance shall be in full force and effect from and after its passage, approval and publication according to law. PASSED By the Council this 2nd day of October, 1961. APPROVED By the Mayor this 2nd day of October, 1961. - yor ATTEST: City Clerk LAW OFIPW48 SMITH 81 MILLER CALDWELL, IDAHO