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0192 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. -2- 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 -3- 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. -4- 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) -5-