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HomeMy WebLinkAboutORD 10471 j I BILL NO. 10 2 ORDINANCE NO. 1047 3 BY COUNCILMAN VASSAR 4 AN ORDINANCE CREATING AND ESTABLISHING A LOCAL STREET IMPROVEMENT DISTRICT TO BE CALLED AND KNOWN AS "LOCAL IMPROVEMENT DISTRICT NO. 5 56 FOR THE CITY OF CALDWELL, IDAHO "; DESIGNATING THE STREETS AND AVENUES AND POINTS BETWEEN WHICH SAID IMPROVMENT IS TO BE MADE; 6 AND PROVIDING FOR THE CONSTRUCTION OF CURBS, GUTTERS, AND STREET AND ALLEY VALLEYS IN SAID DISTRICT; AND PROVIDING FOR THE SURFACING, 7 GRADING, AND OILING OF THE STREETS AND AVENUES THEREIN; PROVIDING THAT THE COST AND EXPENSE OF THE SAID IMPROVEMENT SHALL BE TAXED 8 AND ASSESSED UPON ALL OF THE PROPERTY WITHIN THE SAID IMPROVEMENT DISTRICT ABUTTING, ADJOINING, CONTIGUOUS, AND ADJACENT TO THE 9 PORTION OF SAID STREETS AND AVENUES SO IMPROVED; PRESCRIBING THE METHOD OF SUCH ASSESSMENT AND Pk)MNT THEREOF; DIRECTING THE CITY 10 CLERK TO ADVERTISE FOR AND RECEIVE BIDS FOR SUCH MATERIALS AS MAY 111 BE DESIGNATED BY THE COUNCIL FOR SUCH IMPROVEMENT AND OF DOING THE WORK AND LABOR FOR CONSTRUCTION OF THE SAME; REPEALING ALL ORDINANCE , 12 RESOLUTIONS, OR ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH AND DECLARING AN EMERGENCY. 1 1311 BE IT ORDAINED by the Mayor and Council of the City of gel 14 Caldwell, Idaho: eg 0. 15 Section 1. That there be and hereby is created a local 16 street improvement district in the City of Caldwell, County of 17 Canyon,State of Idaho, to be called and known as "Local Improve - 1811 ment District No. 56 for the City of Caldwell, Idaho ", and that 1911 said improvement district shall consist of and include all the property abutting, adjoining, contiguous and adjacent to the follow- ing named streets and avenues of the City of Caldwell, Idaho, be- tween the points hereinafter named to a distance back from such streets and avenues, if platted in blocks to the center of the block, if platted in lots to the center of the lot, and if not platted, a distance of one hundred twenty -five feet, said streets and avenues are as follows, to -wit: 3 4 5 6 DENVER STREET BEGINNING At the Northerly corner of Lot 1 of Block 9 of Golden Gate Addition to Caldwell as is of record and on file in the office of the Recorder of Canyon County, Idaho; thence South- easterly along the Northeast side of Lots I)through 4 of said Block 9; thence Southwesterly on the Southeast line of Lot 4 of said Block 9, a distance of 60.0 feet; thence Southeasterly to a point on the Southeast line of said Block 9 which is 60.0 feet Northeast of the South corner of said Block 9; thence Easterly to the Northerly corner of Lot 1, Block 8 of said Golden Gate Addition; thence Southeasterly to the Easterly corner of Lot 12 of Block 7 of said Golden Gate Addition; thence Southwesterly to the Southerly corner of Lot 13 of Block 3 of said Golden Gate Addition; thence Northwesterly to the Westerly corner of Lot 34 of Block 2 of said Golden Gate Addition which point is on the easterly right of way line of Boise Avenue; thence Northeasterly along the Easterly right of way line of Boise Avenue to the point of beginning. 43rd AVENUE BEGINNING At a point on the West line of the Northwest Quarter of the Southeast Quarter of Section 36, Townshi It North, Range 3 West of the Boise Meridian, which point is 58U feet more or less South of the Northwest corner of the Northwest Quarter Southwest Quarter of said Section 36 and also on the Northeasterly right of way line of Cleveland Blvd., of Caldwell, Idaho; thence Northerly at a bearing of North 0 12 West on the said West line a distance of 204.45 feet more or less to a point 140 feet North- westerly of the center line of 43rd Avenue; thence North 43 0 25 1 East on a line parallel the center line of 43rd Avenue a distance of 682.9 feet; thence South 460351 East a distance of 290 feet; thence South 43 0 25 1 West a distance of 831.89 feet more or less to the said Northeast right of way line of Cleveland Blvd., thence North 46*351 West a distance of 150 feet to the point of beginning. %P & 32 CHERRY STREET BEGINNING At the Southwest corner of Tract N. Mountain View Subdivision of the City of Caldwell as is on file and of record in the office of the Recorder of Canyon County, Idaho; thence Northerly on the West line of said Tract N a distance of 75.0 feet; thence Easterly and parallel the South line of said Tract N a distance of 150.0 feet; thence Northerly and parallel the West line of said Tract N a distance of 75.0 feet; thence "Ilasterly and parallel the South lines of said Tract N and Tract L of said Mountain View Subdivision to a point 150 feet North of the Southeast corner of said Tract L; thence Southerly on the East lines of said Tract L and Tract P of said Mountain View Subdivision to a point 140.2 feet Southerly from the North. east corner of said Tract P; thence Westerly to a point 140.6 feet South of the Northwest corner of said Tract P; thence Southerly on the West line of said Tract P a distance of 9.4 feet; thence Westerly to a point on the West line of and 15 feet South of the Northwest corner of Tract 0 of said Mountain View Subdivision; thence Northerly to the point of beginning. WINDSOR DRIVE BEGINNING At the Southeast corner of Lot 1 of Block 1 of Linden Park Addition to the City of Caldwell as is on record and on file with the Recorder of Canyon County, Idaho; thence Northerly to the Northeast corner of Lot 6 of said Block 1; thence Westerly to the Northwest corner of Lot 7 of Block 2 of said Linden Park Addition; thence Southerly to the Southwest corner of said Lot 7, thence Westerly to the Northwest corner of Lot 5 of said Block 2; thence Westerly to the Northeast corner of Lot 5 of Block 3 of said Linden Park Addition; thence Westerly to the Northwest corner of mid Lot 5; thence Southerly to the South- west corner of Lot I of said Block 3; thence Easterly to the point of beginning. ELGIN STREET BEGINNING At the South corner of Lot 13, Block 55 of Foote Addition to Caldwell, Idaho, as is on file and on record in the office of the Recorder of Canyon County, Idaho; thence North® easterly along the Southeasterly line of said Block 55 and said line extended and the Southeasterly line of Block 54 of said Foote Addition and said line extended to a point 120 feet North- easterly of the South corner of said Block 54; thence North- westerly and parallel with the Southwesterly line of said Block 54 and said line extended a distance of 410.97 feet; thence Southwesterly 120 feet to a point which is 410.97 feet North- west of the South corner of said Block 54; thence Southerly to a point which is the intersection of the Northeasterly line ex- tended and the Northwesterly line extended of said Block 55; thence Southwesterly on the Northwesterly line extended of said Block 55, a distance of 60.0 feet; thence Southeasterly a dis- tance of 75 feet to a point in the Northwesterly line of Lot 21 of said Block 55, 66.0 feet Southwesterly of the Northeast line extended of said Block 55; thence Southwesterly on the North-- - westerly line of said Lot 21, a distance of 60.0 feet to the Westerly corner of said Lot 21; thence Southeasterly to the - point of beginning. 18th AVENME. BEGINNING At the Easterly corner of Block 7 of Dorman's Addition to the City of Caldwell as is of record and on file in the of- fice of the Recorder of Canyon County, Idaho; thence North- westerly on the Northeasterly line to the Northerly corner of Lot 9 of said Block 7; thence Southwesterly to the Westerly corner of said Lot 9; thence Southerly to the Northerly corner of partial Lot 13 of said Block 7; thence Southwesterly on the Northwesterly line of said partial Lot 13 and said Northwesterly line extended to a point in the Southwesterly line of Block 1 of Washington Heights, Steunenberg and Hands Addition to the City of Caldwell as is of record and on file in the office of the Re- corder of Canyon County, Idaho, which point is 50 feet North- westerly of the Southerly corner of said Block 1; thence South- easterly on the Southwesterly lines of said Block 1 and Block 2 of said Washington Heights, Steunenberg and Hands Addition to a point 43.0 feet Southeast of the Westerly corner of said Block 2; thence Northeasterly parallel with the Northwesterly line of said Block 2, a distance of 120 feet; thence Southeasterly to a point 90.0 feet Southeast of the Northwest line and 136.0 feet Northeast of the Southwest line of said Block 2; thence North- easterly 120.0 feet parallel with the Northwesterly line of said Block 2; thence Northwesterly a distance of 120 feet to the point of beginning. LOCUST STREET BEGINNING At the Southwest corner of Tract K, Mountain Vier Sub- division of the City of Caldwell as is on file and of record in the office of the Recorder of Canyon County,Idaho; thence North- erly on the West line of said Tract K a distance of 1 2 40.3 feet; thence Easterly and parallel the South line of said Tract K to a point 140.3 feet North of the Southeast corner of Tract K; thence Southerly on the East lines of said Tract K and of Tract M of said Mountain View Subdivision to a point 130.0 feet South of the Northeast corner of said Tract M; thence Westerly and parallel the North line of said Tract M to a point 130.0 feet South of the Northwest corner of said Tract M; thence Northerly to the point of beginning. SUMMIT DRIVE COMMENCING At the East quarter corner of Section 15, Township 4 North, Range 3 West of the Boise Meridian; thence South 0 309 East on the East line of said Section 15, a distance of 331.25 feet to the Northeast corner of the South Half North- east Quarter Northeast Quarter Southeast Quarter of said Sec- tion 15; thence Westerly on the North line of said South Half Northeast Quarter Northeast Quarter Southeast Quarter, a dis- tance of 30 feet to the real point of beginning; thence con- tinuing Westerly on the said North line a distance of 480.0 feet; thence South 0 30 East a distance of 70.3 feet; thence Westerly and parallel the North line of the South Half Northeast Quarter Northeast Quarter Southeast Quarter of said Section 15, a dis- tance of 153.2 feet, more or less, to the Easterly right of way line of North Ohio Avenue of the City of Caldwell; thence South 0 ° 30 9 East on the said Easterly right of way line of North Ohio Avenue, a distance of 192.2 feet; thence Easterly parallel the North line of South Half Northeast Quarter North- east Quarter Southeast Quarter of said Section 15, a distance of 75.0 feet; thence South 0 ° 30 9 East a distance of 68.0 feet; thence Easterly and parallel the North line of the South Half Northeast Quarter Northeast Quarter Southeast Quarter of said Section 15, to a point 30 feet West of the East line of the South Half Northeast Quarter Northeast Quarter Southeast (Zuar- ter of said Section 15; thence North a distance of 330.8 feet to the real point of bo ginnIng. 1 k c MAI 0 M c� i� 1 Section 2. That there shall be constructed in said Local 2 Improvement District No. 56, the following described improvements, 3 to -wit: (1) Curbs and gutters and street and alley valleys on 4 all of the streets and avenues named in Section 1 of this ordin- ance, between the points on said streets and avenues as designated 6 in said Section excepting those portions of streets - and - avenues 7 where curbs or gutters or street or alley valleys are now in 8 place; (2) Surfacing, grading, and oiling of all the streets and 9 avenues named,in Section 1 of this ordinance, between the points 10 on said streets and avenues as designated in said Section 1. 11 Section 3. That said improvements shall be constructed 12 between the said described points in accordance with the plans and 13 specifications thereof on file in the office of the City Engineer 14 of the City of Caldwell, Idaho; that the materials to be used in 15 the construction of the curbs and gutters, street and alley valleys 16 shall be Portland cement concrete and the materials to be used in 17 the surfacing, grading, and oiling of said streets and avenues shall 18 be earth, gravel, and oil. 19 Section 4. That the full cost and expense of making the 20 improvements described in Section 2 of this ordinance, including 21 the intersections, shall be taxed and assessed upon all of the 22 property included within said Local Improvement District No. 56, 23 as described in Section 1 of this ordinance and said cost and ex- 24 pense shall be assessed in proportion to the number of square feet 25 of lands and lots, abutting, adjoining, contiguous, and adjacent 26 thereto, and included in said Local Improvement District No. 56, and 27 in proportion to the benefits derived by said improvement; provided, 28 that each lot shall be assessed only its proportionate share of the 29 costscf the particular improvement made in front of such lot, and 30 its proportionate share of the costs and expenses of such improve - 31 ment in the spaces formed by the junction on two or more streets and 32 avenues, or where two streets and avenues terminate or cross another i street or avenue. Provided further that if any such improvement is made on one side of the center line of said streets or avenues, and lots of land or portions thereof fronting on that side only shall be assessed to cover the costs and expenses of said improve- ments. 611 Section 5. That the cost and expense of making the afore- 7 said improvement, including intersections, which is chargeable and 8 will be assessed to the abutting, adjoining, contiguous, adjacent 9 or approximate property, as set forth in Section 3 of this ordin- 10 ance, shall be payable in ten equal installments which said in- 11 stallments shall bear interest not exceeding the rate of seven per 12 cent per annum, payable annually. Such assessments shall be known 13 as special assessments for improvements. 14 For the purpose of meeting the expenses of said improve - ®� 15 ments during the course of construction, warrants shall be issued 16 against the funds of said district, payable to the contractor or 17 other proper person, upon the estimates of the City Engineer, which c� 18 warrants shall bear interest at the rate not to exceed seven per 19 cent per annum, from the date of registration thereof until redeemed, 20 and which warrants shall be redeemed and retired from the proceeds 21 of sale of bonds of such district, which bonds shall be issued in 22 thename of the municipality, and shall be payable by their terms 23 as nearly as may be in equal annual amounts, the first installment 24 of which to mature within one year from date and the last install- 25 ment of which to mature within ten years from date and shall bear 26 interest at the rate not exceeding seven per cent per annum, payable 27 either annually or semi - annually, as may be determined by the City 28 Council. Such bonds shall not be issued in excess of the contract 29 price and expense of such improvements, including engineering and 30 clerical services advertising, costs of inspection, costs of 31 collecting assessments and interest upon warrants, and all legal 32 services for preparing the proceedings and advising in regard 11 thereto; said bonds shall be numbered consecutively from one up and u shall be of such denomination as the City Council may determine not 3 exceeding $500.00 provided, however, that bond No. 1 may be of a de- 4 nomination other than a multiple of $100.00 as may be necessary and 5 proper. Coupons shall be attached to said bonds for each annual 6 or semi - annual installment of interest; each bond and coupon shall 7 be signed by the Mayor and countersigned by the City Treasurer and 8 attested by the City Clerk; provided, however, that such coupons 9 may, in lieu of being signed, have printed thereon the facsimile of 10 the signatures of said officers and each bond shall have the seal 111 of the city affixed thereto and shall refer to the improvements dis 12 ' trict for the payment of which the same is issued, and shall pro- 13 vide that the principal sum therein named and the interest thereon 14 shall be payable out of the local improvement fund of such district, 15 caseated for the payment of the costs and expenses of such improve - qq 16 ment, and not otherwise. a�U 17 There is hereby created in the City Treasury of the City 0 18 of Caldwell, Idaho, a special fund to be known as "Local Improve - 19 ment District No. 56, Fund ", which is hereby created for the payment 20 of the costs and expenses of such improvement; and all assessments 21 which shall be levied for the payment of the costs and expenses of 22 the said improvement shall as collected by immediately paid into the 23 said fund and no portion of the said fund shall, so long as any of 24 the bonds of said district shall remain outstanding and unpaid, be 25 used for any other purpose than for the payment of the principal and 26 interest of said bonds. The holders of said bonds shall have no 27 claim therefor, against the city except from the collection of the 28 special assessments made for the improvement for which said bonds 29 were issued; this remedy, in case of non - payment, shall be confined 30 to the enforcement of such assessments, and a copy of Section 50- 31 2935, Idaho Code, shall be plainly written, printed or engraved upon 32 the face of each bond so issued. All assessments which shall be 4 levied against the land in said local improvement district shall be- z come a lien upon lots, tracts or parcels of land against which liens 3 shall take precedence over all other liens and may be enforced and 4 foreclosed in accordance with the provisions of Chapter 29, Title 5 50, of the Idaho Code. 6 Whenever there shall be sufficient money in thefUnd of 7 said district over and above the amount sufficient for the payment 8 of interest on all unpaid bonds in said district to pay the princi- 9 pal of one or more bonds, the treasurer shall call in and pay such 10 bonds in their numerical order, lowest number first, whichaall shall Ill be made by publication in the official newspaper of the City of 12 Caldwell, and shall state the bond numbers (giving the serial numbers 13 of the bonds called) which will be paid on the day the next interest Q� 14 on said bonds shall become due, and interest on said bonds shall 15 cease upon said date. 16 Section 6. As soon as this ordinance shall be passed and 17 approved, and be in effect, the Committee on Streets together with 18ICity Engineer shall determine the amount of the costs and expenses 19 of said improvements to be assessed upon the abutting, adjoining, 20 contiguous and adjacent lots and lands included in said district, 21 and shall make out an assessment roll according to law and the pro - 22 visions of this ordinance, which shall contain among other things, 23 the number of the assessments, the name of the owners if known, or 24 if not known, that the name is unknown, a description of said tract 25 assessed and the total amount of the assessment; and the total cost 26 and expense of said improvement to be so assessed shall be divided 27 into ten equal installments. Said assessment roll shall be certi- 28 fied to the City Council and filed with the City Clerk, and notice 29 of hearing thereon shall be given and hearing thereon had as pro - 30 vided in Chapter 29 of Title 50, Idaho Code, and following the hear - 31 ing the City Council shall pass an order, approving and confirming 32 said assessment roll as originally filed or as corrected by them, i and their decision and order shall be a final determination of its 2 regularity, validity, and correctness of said assessment roll, of 3 each assessment therein contained, and the amount thereof levied 4 upon each lot, piece or parcel of land within the said improvement 5 district subject only to appeal as provided by Chapter 29 of Title 6 50, Idaho Code, and annually thereafter the Council shall levy a 7 special assessment against the property within said district suffi- 8 cient to redeem the bonds in said district next maturing, together 9 with irterest falling due upon all bonds then outstanding; such asses - 10 sment shall be made upon the property chargeable for the costs of M such improvements, respectively; and the basis upon which the first 12 installment of the assessment is levied shall be retained for the 13 assessment of the succeeding installment. Q 14 Section 7. Within fifteen days after the assessment roll 15 shall have been confirmed by the Council, the City Engineer shall 16 prepare and file with the City Clerk a map of the improvement dis- 0 17 trict showing each piece of property separately assessed, according M V 18 to the description in the assessment roll, and shall number each 19 piece of property shown on said map with the corresponding number of 20 the assessment on said roll. 21 Section 8. That said Committee on Streets, the City 22 Engineer and the City Council shall be governed in the preparation, 23 'approval and confirmation of such assessment roll by the provision 24 of Chapter 29, Title 50 of the Idaho Code, and by the provisions of 25 this ordinance. 26 Section 9. All ordinances, resolutions, orders or parts 27 thereof, in conflict herewith are hereby repealed, rescinded and 28 annulled. 29 Section 10. This ordinance shall be in full force and 30 effect from and after its passage, approval and publication accord - 31 ing to law. 1 2 13 0FS 14 15 16 17 u 28 to PASSED By the Council this 19th day of April, 1965. APPROVED By the Mayor this 19th day of April, 1965. ATTEST: City C er 31