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HomeMy WebLinkAboutORD 1008 LID 54 - InfrastructureI BILL NO. 11 ORDINANCE NO. 1008 BY COUNCILMAN SHORB AN ORDINANCE CREATING AND ESTABLISHING A LOCAL SEWER IMPROVE- MENT DISTRICT TO BE CALLED AND KNOWN AS "LOCAL IMPROVEMENT DISTRICT NO. 54 FOR THE CITY OF CALDWELL, IDAHO "; DESIGNATING THE BOUNDARIES OF SAID DISTRICT AND THE POINTS BETWEEN WHICH SAID IMPROVEMENT IS TO BE MADE; AND PROVIDING FOR THE CON- STRUCTION OF SUITABLE SEWERS, DITCHES, DRAINS, CONDUITS AND CHANNELS FOR SANITARY PURPOSES WITH OUTLETS, MANHOLES, CATCH BASINS, FLUSH TANKS AND ALL OTHER SEWER APPURTENANCES NECESSARY FOR THE COMFORT, CONVENIENCE, HEALTH AND WELL -BEING OF SAID CITY; PROVIDING THAT THE COST AND EXPENSE OF THE SAID IMPROVE- MENT SHALL BE TAXED AND ASSESSED UPON ALL OF THE PROPERTY WITHIN THE SAID IMPROVEMENT DISTRICT ABUTTING, ADJOINING, CON- TIGUOUS, AND ADJACENT TO THE SAID IMPROVEMENT AND UPON THE LOTS AND LANDS BENEFITED BY SUCH IMPROVEMENT AND INCLUDED IN THE IMPROVEMENT DISTRICT; PRESCRIBING THE METHOD OF SUCH ASSESSMENT AND PAYMENT THEREOF; DIRECTING THE CITY CLERK TO ADVERTISE FOR AND RECEIVE BIDS FOR SUCH MATERIALS AS MAY BE DESIGNATED BY THE COUNCIL FOR SUCH IMPROVEMENT AND OF DOING THE WORK AND LABOR FOR CONSTRUCTION OF THE SAME; REPEALING ALL ORDINANCES, RESOLUTIONS, OR ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH AND DECLARING AN EMERGENCY. BE IT ORDAINED By the Mayor and Council of the City of Caldwell, Idaho: Section 1. That there be and hereby is created a local sewer improvement district in the City of Caldwell, County of Canyon, State of Idaho, to be called and known as "Local Im- provement District No. 54 for the City of Caldwell, Idaho ", and that said improvement district shall consist of and include the lots and lands within the boundaries of the district, which district is described as follows, to wit: Blocks 2 and 3 of FROST'S ADDITION to Caldwell, Idaho. Section 2. That there shall be constructed in said Local Improvement 4istrict No. 54, the following described improve- meets, to wit: (1) Suitable sewers and drains for sanitary LAW OPFICES SMITH & MILLER CALDWELL, IDAHO i 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 thereof on file in the office of the City Engineer of the City of Caldwell, Idaho; and that the materials to be used in the construction thereof shall be of suitable and standard materials for such purposes. Section 4. That the full cost and expense of making the improvements described in Section 2 of this ordinance shall be taxes and assessed upon all of the property included within said Local Improvement District No. 54, as described in Section 1 of this ordinance and said cost and expense shall be assessed in proportion to the number of square feet of lands and lots, abutting, adjoining, contiguous and adjacent thereto, and included in said Local Improvement District No. 54, and in proportion to the benefits derived by said improvement. Section 5. That the cost and expense of making the afore- said improvement, which is chargeable and will be assessed to abutting, adjoining, contiguous and adjacent property or the property benefited therefrom, as set forth in Section 3 of this ordinance, shall be payable in ten equal annual install- ments which said installments shall bear interest not exceeding the rate of seven per cent per annum, payable annually. Such assessments shall be known as special assessments for improve- ments. For the purpose of meeting the expenses of said improvement during the course of construction, warrants shall be issued -2- LAw 0 rims SMITH & MILLER CALDWELL. IDAHO 0 against the funds of said district, payable to the contractor or other proper person, upon the estimates of the City Engineer, which warrants shall bear interest at the rate not to exceed seven per cent per annum, from the date of registration thereof until redeemed, and which warrants shall be redeemed and retire from the proceeds of the sale of bonds of such district, which bonds shall be issued in the name of the municipality, and shat be payable by their terms as nearly as may be in equal amounts, the first installment 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 exceedi g seven per cent per 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 servic s, 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 $500.00 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 installment 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, how- ever., 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 WC LAW OFFICCa &MITE! & MILLER CALDWELL. IDAHO 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 im- provement, and not otherwise. There is hereby created in the City Treasury of the City of Caldwell, Idaho, a special fund to be known as "Local Im- provement District No. 54 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 holders of said bonds shall have no claim therefor; against the city except from 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 enforcement 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 -4- LAW 0 RCES SMITH & MILLER CALDWELL. IDAHO 0 • 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 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 assess- ment 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 City Council and filed with the City Clerk, and notice of hearing thereon shall be given, and hear- ing 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 -5- LAw 0 FICES SMITH & MILLER CALDWELL, IDAHO • • 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 im- provement 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 im- provement 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 corresponding 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 thereof, in conflict herewith are hereby repealed, rescinded LAW 0 Fi=o SMITH & MILLER CALDWELL, IDAHO and annulled. I 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 6th day of May, 1963. APPROVED By the Mayor this 6th day of May, 1963. y Mayor ATTEST: ty _7_ LAW 0 rams SMITH IN MILLER CALDWELL. IDAHO