HomeMy WebLinkAbout0192 Local Improvement District No 1 1978ORDINANCE NO.
192
AN ORDINANCE OF THE CITY OF Ct{UBBUCK, IDAHO, CONFIRMING THE
ASSESSMENT ROLL FOR LOCAL IMPROVEMENT DISTRICT NO. 1, CHUBBUCK,
IDAHO; DECLARING THAT THE ASSESSMENT ROLL IS REGULAR, VALID
AND CORRECT AS TO AMOUNTS LEVIED ON EACH PARCEL OF LAND;
FINDING THAT EACH PARCEL IS BENEFITED TO THE AMOUNT OF THE
ASSESSMENT SO LEVIED; PROVIDING THAT THE CITY CLERK RETAIN
A CERTIFIED COPY THE CONFIRMED ASSESSMENT ROLL IN THE RECORDS
SHE MAINTAINS IN HER DUAL CAPACITY AS CITY TREASURER; PRO-
VIDING THAT THE CITY CLERK FILE WITH THE COUNTY RECORDER OF
BANNOCK COUNTY NOTICE OF THE DATE OF ADOPTION OF THIS
ORDINANCE WITH DESCRIPTION OF THE PARCELS ASSESSED AND
AMOUNT OF ASSESSMENT ~R{ICH SHALL THEN BECOME A LIEN AGAINST
THE DESCRIBED PROPERTY; PROVIDING FOR CASH PAYMENT WITHIN
THIRTY DAYS OF THIS ORDINANCE TO P~DEEM PROPERTY FROM
ASSESSMENT ROLL; PROVIDING THAT ANY PROPERTY OWNER NOT
PAYING HIS ASSESSMENT IN FULL WITHIN THIRTY DAYS IS CON-
CLUSIVELY PRESUMED TO HAVE CHOSEN TO PAY SUCH ASSESSMENT
IN INSTALLMENTS; PROVIDING FOR THE PAYmeNT BY INSTALLmeNTS
OF COSTS AND EXPENSES OF I~ROVEMENTS; PROVIDING FOR NOTICE
TO PROPERTY OWNERS OF ASSESSMENTS LEVIED AND FORM THEREOF;
PROVIDING THAT UNPAID ASSESSMENTS SHALL BEAR INTEREST NOT
EXCEEDING 10.0% PER ANNUM PAYABLE IN TEN ANNUAL INSTALLMENTS,
DATES OF PAYMENT, MANNER OF PAYMENT, DELINOUENCY PENALTY
AND COLLECTION THEREOF; AND PROVIDING THIS ORDINANCE TO
BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE,
APPROVAL AND PUBLICATION ACCORDING TO LAW, THE RULE REQUIRING
ORDINANCES TO BE READ ON THREE SEPARATE DAYS HAVING BEEN
DISPENSED WITH.
WHEREAS, the City Council of the City of Chubbuck,
Idaho, has pursuant to the requisite preliminary proceedings
and Ordinance No. 184, adopted October 27, 1977, created
and established Local Improvement District No. 1; and
~IEREAS, on August 15, 1978, the City Council accepted
and approved the assessment roll for Local Improvement District
No. 1, Chubbuck, Idaho, and directed the City Clerk to
give notice of the time to file objections to said assessment
roll, the time for hearing objections being fixed by
the City Council at the hour of 8:00 p.m. on the 5th day
of September, 1978, in the Chubbuck City Offices, 5160 Yellow-
stone Avenue, Chubbuck, Idaho; and
WHEREAS, following mailing and publication of said
notice as required by law, the City Council has convened
to hear and consider any objections to said assessment roll;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF CHUBBUCK, IDAHO~
Section 1. Declaration. That assessment of the
cost of improvements authorized by said Ordinance 184, against
the parcels of land in said district is hereby declared to
be regular, valid and correct in all respects as to the amount
levied on each parcel; and the assessment roll is hereby in
all respects fully approved, ratified and confirmed.
Section 2. Finding in Regard to Benefits. The
City Council has determined that each parcel of land is benefited
at least to the amount of the assessment as so levied against
each said parcel.
Section 3. Clerk/Treasurer Filing Duties. The
City Clerk shall retain, in the records she maintains in her
dual capacity aS City Treasurer, a certified copy of the
assessment roll; and she shall cause to be filed with the
Bannock County Recorder notice of the date of this ordinance
confirming the assessment roll, description of the area of the
district, description of the parcels of land subject to assessment,
and the assessments levied, which shall be duly recorded in
Bannock County records and thereafter become a lien upon the
property so assessed.
Section 4. Redemption for Caah. The owner of
any parcel of property within the district liable for an
assessment shown on the assessment roll so confirmed, may
redeem said property from such liability by paying the entire
assessment chargeable against said property at the office of
the City Treasurer in ChUbbuck, Idaho, at any tide during
the period beginning on the date of the adoption of this
ordinance and continuing and ending thirty (30) days later.
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Any property owner not so paying his assessment in full within
thirty (30) days is conclusively presumed to have chosen to pay
the assessment so levied in installments. Provided, that this sec-
tion shall not-affect the enforceability of any agreement among
property owners, with respect to assessments, specifying that
any assessment be paid in cash.
Section 5. Notice. The City shall cause notice
to be given to affected property owners of the assessments
levied and confirmed by this ordinance. The notice shall
be in the following form:
NOTICE OF TIME, PLACE AND MANNER OF MAKING
CASH PAIq-~NTS OF ASSESSMENTS IN LOCAL IMPROVE-
MENT DISTRICT NO. 1 OF THE CITY OF CHUBBUCK,
IDAttO.
NOTICE IS HEREBY GIVEN:
The assessment roll for Local Improvement District
No. 1, Chubbuck, Idaho, has been confirmed by the City
Council, is now finally determined, and is in my hands for
collection. The owner of any parcel of property within the
said district, liable for such special assessment as appear
upon the said assessment roll, may redeem said property from
such liability by paying the entire assessment chargeable
against said property at the office of the City Treasurer
in Chubbuck, Idaho, at any time during the period beginning
on the 5th day of September, 1978, and continuing and
ending on the 6th day of October, 1978.
FURTHER NOTICE IS HEREBY GIVEN that within thirty
days after the expiration of said period, bonds of the said
district will be issued and thereafter the owner of any parcel
of property in said district liable for any such special assessments,
as shown upon said assessment roll, may redeem said property from
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such liability after said last mentioned date and after the
issuance of said bonds, by paying all of the installments of
the assessment which are due and also the amount of the
installments not due with interest on the latter at the rate
provided in the bonds from the date of the last installment
due to one (1) year after the next interest date of said
bonds, in the manner provided by law.
FURTHER NOTICE IS HEREBY GIVEN that the foregoing
provisions with respect to installment payments shall not
affect the enforeability of any agreement among property
owners, with respect to assessments, specifying that
any assessment be paid in cash.
DATED this 5th day of September, 1978.
CITY OF CHUBBUCK, a municipal
corporation of Idaho
,/ / ~- --5- /~'
~hn'O. 'Cotant, ar.
Mayor
Attest:
Vera C. Armstrong
City Clerk
Section 6. Bonds. The Ctiy Council desires
to issue in the name of the City local improvement district
bonds payable in ten installments of equal amounts each,
except that the first or final payment may be of a greater
or lesser amount. The bonds shall bear interest on the
unpaid assessments at a rate not exceeding 10.0% per annum
commencing with the date of this ordinance. Payments in
cash of both principal and interest shall be payable the
first day of July, commencing in 1979.
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Section 7. Delinquencies. Any installment
not paid within twenty days from the date it is due shall
be delinquent and the City Treasurer shall add a
penalty of two percent thereto. The Treasurer upon
direction of the City Council may certify delinquent
installments to the tax collector, and when so certified
they shall be extended on ~he tax rolls and collected as
are property taxes, which shall be in addition to other
methods of collection as provided by Idaho law.
Section 8. Prepayments. Prepayment of
installments shall include the full amount of the unpaid
assessments plus penalties and all interest payable on
the same, plus additional interest thereon at the
rate provided herein from the date of the last installment
due to one (1) year after the next interest date of
said bonds.
Section 9. Effective Date. The rule
requiring ordinances to be read on three separate occasions
is hereby dispensed with; and this ordinance shall become
effective upon its passage, approval and publication as
provided by law.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR
this 5th day of September, 1978.
CITY OF CHUBBUCK, a municipal
corporation of Idaho
~6hn O. Cotant, Jr~
Mayor
Attest:
~7~f~,~ Armst o 'g" ' ~t
V era C. l~J.. /~/~r~%.~y.~.~z{s.~:>~__
City Clerk
(Seal)
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