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HomeMy Public PortalAboutOrd. 643 - LID #3-Amending Section 5 of Ordinance No. 636ORDINANCE NO. 643 AN ORDINANCE OF THE CITY IMPROVEMENT DISTRICT NO. NO. 636, ADOPTED ON JULY 8, OF ASSESSMENTS IN LOCAL SECTION 8 OF ORDINANCE NO. OF MCCALL, IDAHO, RELATING TO LOCAL 3, AMENDING SECTION 5 OF ORDINANCE 1993, WITH RESPECT TO THE PAYMENT DATES IMPROVEMENT DISTRICT NO. 3; AMENDING 636 WITH RESPECT TO THE USE OF MONIES IN THE ACQUISITION FUND FOR LOCAL IMPROVEMENT DISTRICT NO. 3; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Mayor and Council of the City of McCall, Idaho (the "City"), by adoption of Ordinance No. 636 on July 8, 1993, pursuant to notice and hearing as required by law, confirmed the assessment roll for Local Improvement District No. 3 ("L.I.D. No. 3"), provided for payment of assessments therein in installments, created an Acquisition Fund for the use of prepaid assessments and bond proceeds, and provided for other matters related thereto; and WHEREAS, the Mayor and Council now desire to amend Ordinance No. 636 in certain respects in order to conform the provisions of said Ordinance No. 636 relating to the assessment installment payment dates and the use of Acquisition Fund moneys to the terms of Ordinance No. 641, which provides for the issuance of bonds for L.I.D. No. 3. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MCCALL, IDAHO, as follows: Section 1: That Section 5 of Ordinance No. 636, adopted on July 8, 1993, be, and the same is hereby, amended to read as follows: Section 5: DUE DATE OF ASSESSMENTS; PAYMENT IN INSTALLMENTS Said assessments shall become due and payable to the City Treasurer within thirty (30) days from the date of adoption of this Ordinance. Any property owner who has not paid his or her assessment in full within said thirty (30) day period, and any property owner who shall file a written waiver of the thirty -day prepayment period with the City, shall be conclusively presumed to have chosen to pay the same in twcnty (20) annual installments, payable within twenty years from the date of this Ordinance, the first interest installment of which shall become due and payable one (1) year from the date of adoption of this Ordinance and annually thereafter, and the first amortized principal payment being payable not Page 1 later than July 8. 1996. The entire principal amount of each assessment, plus interest thereon. shall be paid in full not later than July 8, 2013. with a like payment due on the name day of each year thereafter until the "pit 9���ie-cai3Gis:�iie�ir�l�i 13i ccl�t—aa��i�re6ar 3h311 be paid in full. Assessments paid in installments shall bear interest on the whole unpaid sum from the date of adoption of this Ordinance. The rate of interest such installments shall bear is hereby fixed as the rate of interest on the L.I.D. No. 3 Bonds, plus two percent (2.0%) of the bond principal and interest installment due. If any installment is not paid within twenty (20) days from its due date, the same shall become delinquent, and the City Treasurer shall add a penalty of two percent (2%) thereon. Installments may be prepaid in the manner provided by Section 50-1715, Idaho Code. For the purpose of securing the payment of and interest on local improvement bonds issued for L.I.D. No. 3, it is the intent of the Council to create a reserve fund in an amount equalling not more than ten percent (10%) of the principal amount of the bonds to be issued to fund that portion of the assessments not paid within the thirty -day prepayment period, in accordance with Section 50-1771, Idaho Code. The proportionate cost of the reserve fund shall be included in the assessment upon each property in L.I.D. No. 3; however, such cost shall be deducted from the assessment of any property whose owner has paid his or her assessment in full within thirty (30) days from the date of adoption of this Ordinance. If a lesser reserve fund is required because of assessments paid within the thirty -day prepayment period, the City may proportionately reduce the assessments paid in installments. Section 2: That Section 8 of Ordinance No. 636, adopted on July 8, 1993, be, and is hereby, amended to read as follows: Section 8: ACQUISITION FUND There is hereby created a special fund or account, separate from any other funds of the City, to be known as the "City of McCall Local Improvement District No. 3 Project Acquisition Fund" or other appropriate designation (the "Acquisition Fund") which shall be maintained by the City Treasurer and into which shall be deposited all assessments paid within the thirty (30) day period referred to in Section 5 of this Ordinance, together with the proceeds of any bonds or warrants thereafter issued by the City representing the unpaid Page 2 assessments within L.I.D. No. 3. The Acquisition Fund shall be used for no purpose other than the payment of the costs associated with L.I.D. No. 3, including, but not limited to, bond issuance costs, and the acquisition of completed public improvements within L.I.D. No. 3 as set forth in Ordinance No. 630, adopted on May 13, 1993, and in the Acquisition Agreement approved by the Council by adoption of Resolution No. 11-93 on May 13, 1993. Monies in the Acquisition Fund may be invested in lawful investments until needed for the acquisition of improvements. Investment earnings shall be credited to the Acquisition Fund. Any monies remaining in the Acquisition Fund after completion of the acquisition project for which L.I.D. No. 3 was created shall be transferred to the reserve fund established for L.I.D. No. 3 to the extent of the reserve fund requirement established for the reserve fund, any remaining monies shall be transferred to the bond fund hereafter created for L.I.D. No. 3, and the Acquisition Fund shall be closed. Section 3: Except as provided herein, Ordinance No. 636 is hereby ratified and confirmed in all respects. Section 4: This ordinance, or a summary thereof in conformance with Section 50-901A, Idaho Code, shall be published in one (1) issue of the official newspaper of the City, and shall take effect immediately upon its passage, approval, and publication. DATED this 28th day of July, 1993. CITY OF MCCALL Valley County, Idaho Mayor ATTEST: Page 3 STATE OF IDAHO ) COUNTY OF VALLEY) CERTIFICATE OF RECORDING OFFICER ss I, the undersigned, the duly appointed, qualified, City Clerk of McCall City, Idaho, do hereby certify the following: 1. That pursuant to the provisions of Section 50-207, Idaho Code, I keep a correct journal of the proceedings of the Council of McCall City, Idaho, and that I am the statutory custodian of all laws, ordinances and resolutions of said City. I� 2. That the attached Ordinance No. 6 7 3 is a true and correct copy of an ordinance passed at a regular meeting of the Council of McCall City held on 'Z1r , 19 `j 3, and duly recorded in my office; and 3. That said regular meeting was duly convened and held in all respects in accordance with law and to the extent required by law, due end proper notice of such meeting having been given; that a legal quorum was present throughout the meeting and that a legally sufficient number of members of the Council of McCall City voted in the proper manner and for the passage of said ordinance; and that all other requirements and proceedings incident to the proper adoption and passage of said ordinance have been duly fulfilled, carried out and observed; and that I am authorized to execute this certificate. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of McCall, Idaho, this ,' day of 1993. (Seal of the City) V s Arthur J dmidt, City Clerk Publisher's Affidavit of Publication STATE OF IDAHO County of Valley I, Ramona A. George, being duly sworn and say, I am the receptionist of The Central Idaho Star -News, a weekly newspaper published at McCall, in the County of Valley, State of Idaho; that said newspaper is in general circulation in the county of aforesaid and is a legal newspaper; that the NOTICE OF RESOLUTION 25-93, a copy of which is enclosed hereto and is a part hereof, was published in said newspaper once a week for one consecu- tive week in the regular and entire issue of every number there of during the period of time of publication, and was published in the newspaper proper and not in a supplement; and that publication of such notice began August 5, 1993 /anii�nded August 5, 1993. J sK }.Ss Sub ribe• and sworn before me STATE OF IDAHO COUNTY OF VALLEY ay of August, 1993. On this 12th day of August, in the year of 1993, before me, a Notary Public, personally appeared Ramona A. George, known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the statements therein are true, and acknowl- edged to me that she executed the same. Tom Grote Notary Public for Idaho Residing at McCall, Idaho Commission Expires: 1999 RESOLUTION NO. 25-93 A RESOLUTION OF THE CITY OF MCCALL, IDAIIO, APPROVING, PURSU- ANTA SUMMARY UMMA J Y OF ORDINANCE NO. IDAHO 3 FOR PUBLICATION WHEREAS, the City of McCall, of Valley County, Idaho (the "City"), on July 22, 1993, adopted Ordinance No. 643, amending Section 5 and Section 8 of Ordinance No. 636; and WHEREAS, the tion 50-901A IdCi ty de, to publish, is ,biin lieu of the entire Ordinance, a summary thereof. NOW, THEREFORE, BE ITRESOLVED BY THE CITY COUNCIL OF THE CITY OF MCCALL, IDAHO, as follows: Section 1: That the summary of Ordinance No. 643, adopted by the McCall City Council on July 22, 1993, a copy of which summary is annexed hereto as Exhibit "A,' be, and the same is hereby, approved. Section 2: This Resolution shall take effect and be in force from and after its passage and approval. DATED this 22nd day of July, 1993. CITY OF MCCALL Valley County, Idaho By Laurence A. Smith, Jr., Mayor ATTEST: Arthur J. Schmidt, City Clerk SUMMARY OF ORDINANCE NO. 643 AN ORDINANCE OF THE CITY OF MCCALL, IDAHO, RELATING TO LO- CAL IMPROVEMENT DISTRICT NO. 3, AMENDING SECTION 5 OFORDINANCE NO. 636,ADOPTED ONJULY8,1993,WITH RESPECT TO THE PAYMENT DATES OF ASSESSMENTS IN LOCAL IMPROVE- MENT DISTRICT NO. 3; AMENDING SECTION8 OFORDINANCE NO. 636 WITH RESPECT TO THE USE OF MONIES IN THE ACQUISITION FUND FOR LOCAL IMPROVEMENT DISTRICT NO. 3; AND PROVIDING AN EFFECTIVE DATE The following is a summary of Ordinance No. 643, adopted by the Mayor and Council of the City of McCall, Idaho, on July 22, 1993. Section 1: Amends Section 5 of Ordinance No. 636 with respect to the payment of assess- ment installments for Local Improvement District No. 3. Section 2: Amends Section 8 of Ordinance No. 636 with respect to the use of monies in the Acquisition Fund for Local Improvement Dis- trict No. 3. Section 3: Confums and ratifies the re- maining provisions of Ordinance No. 636. Section 4: Provides for publication and effective date. The full text of Ordinance No. 643 Is avail- able for inspection at City Hall during normal office hours. DATED this 22nd day of July, 1993. CITY OF MCCALL Valley County, Idaho By Laurence A. Smith, Jr., Mayor ATTEST: Arthur J. Schmidt, City Clerk CERTIFICATION OF CITY ATTOR- NEY I, the undersigned Attomey at Law, as attorney for the City. of Mccall, Idaho, hereby certify that I have read the foregoing summary of Ordinance No. 643 of the City of McCall and that the same is true and complete and provides adequate notice to the public of the contents of said Ordinance. DATED ED this 29 day of July, 1993. Ted Burton Attomey at Law 1t8/5