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HomeMy WebLinkAboutORD 1049f 0 0 BILL NO. 12 ORDINANCE NO. 1049 BY COUNCILMAN MARTIN 8 1 11 13 14 Oa� ma ®S 15 16 � 17 1s 19 20 21 22 23 24 25 26 27 28 29 AN ORDINANCE CREATING AND ESTABLISHING A LOCAL IMPROVEMENT DISTRICT TO BE CALLED AND KNOWN AS "LOCAL IMPROVEMENT DISTRICT NO. 57 FOR THE CITY OF CALDWELL, IDAHO "; DESIGNATING THE BOUNDARIES OF SAID IMPROVEMENT DISTRICT; PROVIDING FOR CONSTRUCTION OF SEWERS, DITCHES DRAINS, CONDUITS AND CHANNELS FOR SANITARY AND - DRAINAGE PURPOSES, EITHER OR BOTH THEREOF, WITH OUTLETS, CESSPOOLS, MANHOLES, CATCH BASINS, FLUSH TANKS, SEPTIC TANKS, AND ALL OTHER SEWER APPURTENANCES NECESSARY FOR THE COMFORT, CONVENIENCE, HEALTH AND WELL -BEING OF THE FUNICIPALITY THEREIN; PROVIDING THAT THE COST AND EXPENSE OF SAID IMPROVEMENTS SHALL BE TAXED AND ASSESSED UPON ALL THE PROPERTY IN SAID IMPROVEMENT DISTRICT AGAINST THE ABUTTING, ADJOINING, CON- TIGUOUS AND ADJACENT LANDS ALONG AND UPON WHICH SAID IMPROVEMENTS ARE TO BE MADE AND UPON THE LOTS AND LANDS BENEFITED BY SUCH IMPROVE MENTS AND INCLUDED IN SAID IMPROVEMENT DISTRICT; PROVIDING THE METHOD OF 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 IMPROVEMENTS AND THE DOING OF THE WORK AND LABOR FOR THE CONSTRUCTION OF THE SAME: REPEALING ALL ORDINANCES, RESOLUTIONS, OR ORDERS OR PARTS THEREOF, IN CON- FLICT HEREWITH. BE IT ORDAINED By the Mayor and Council of the City of Caldwell, Idaho: Section 1. That there shall be and hereby is created and established a local improvement district in the City of Caldwell, County of Canyon, State of Idaho, to be called "Local Improvement District No. 57 for the City of Caldwell, Idaho ", and that said improvement district shall consist of and include all of the lots and lands abutting, adjoining, contiguous and adjacent to the im- provements with the following described boundaries; Beginning at the Southeast corner of the Southwest Quarter of the Northeast Quarter of the Southeast Quarter (SW,- ' NEj1SE4) of Section 28, Township 4 North, Range 3 West of the Boise Meridian; thence Northerly on the East line of the Southwest Quarter of the Northeast Quarter of the Southeast Quarter (SW- �NEj of said Section 28, a distance of 503.3 feet, more or less, to a point 157 feet South of the Northeast corner of the Southwest Quarter of the Northeast Quarter of the Southeast Quarter (SW,- i ,NE,- ,,SE, of said Section 28; thence Westerly and parallel to the North line of the Southwest Quarter of the Northeast Quarter of the Southeast Quarter (SW' E-SE,) of said Section 28, a distance of 332.4 feet, more or less; thence Southerly and parallel to the Easter- ly line of the Southwest Quarter of the Northeast Quarter of the Southeast Quarter (SW of said Section 28, a distance of 330.15 feet; thence Easterly and parallel to the Southerly line of the Southwest Quarter of the Northeast Quarter of the Southeast Quarter (SWuNEuSE4} of said Section i 1 28, a distance of 175.0 feet; thence Southerly and parallel to the Easterly line of the Southwest Quarter of the North - 2 east Quarter of the Southeast Quarter (SW - 4 NEL 4 3 E4) of said Section 28, a distance of 173.15 feet to a point on the 3 South line of said Southwest Quarter of the Northeast Quarter of the Southeast Quarter (SW4NE4SE of Section 28; thence 4i Easterly 157.4 feet to the point of beginning; 511 and 6 All of Lots 11 through 20, both inclusive of Block 2, and Lots 5 through 15, both inclusive of Block 3 of South Kim- 7 ball Addition to the City of Caldwell as is of record and on file in the Office of the Recorder of Canyon County, s Idaho. 91 and 10 Beginning at the Northeast corner of the West Half of the Northeast Quarter of the Northeast Quarter (W' NE4NE4) o f 11 Section 33, Township 4 North, Range 3 West of the Boise Meridian; thence South 89 53' 50" East, 120.00 feet; 12 thence South 0 04' East, 388 feet; thence North 89 53' 50" West, 120 feet to the East line of said West Half of 13 the Northeast Quarter of the Northeast Quarter (W2NE4NE4); thence South 0 04' East, 297.54 feet; thence North 89 56' 14 20" West 240.33 feet; thence North 275.0 feet; thence South 89� 54' 50" East, 49.03 feet; thence North 146.48 a 15 feet; thence North 89 54' 50 �� West 29.16 feet; thence North 0 04' West, 264.24 feet, more or less, to the North ao9 16 line of said Section 33 ; thence South 89 53' 50" East, 220 feet to the point of beginning. 17 Section 2. That there shall be constructed in said Local is Improvement District No. 57 for the City of Caldwell, Idaho, the 19 following described improvements, to -wit: a sewer system, drainage 21 2" 23 24 25 27 28 31 32 and disposal work consisting generally of ditches, drains and con- duits and channels for sanitary and drainage purposes, or either or both thereof, with outlets, cesspools, manholes, catch basins, flush tanks, septic tanks and all other sewer appurtenances necessary for the comfort, convenience, health and well -being of the municipality, said lots and lands abuting, adjoining, contiguous and adjacent to the improvements being within the boundaries set forth in Section 1. Section 3. That said improvements shall be constructed within said district in accordance with the plans and specifications thereof on file in the office of the City Engineer of the City of Caldwell, Idaho; that materials used in said sewer system and drain- age and disposal works shall be Portland cement, concrete, earth sand, gravel stone, concrete sewer and drainage pipe and such excava Lion as may be necessary to make a complete sewer system and dis- posal works. Section 4. That the full cost and expenses of making sOw w Aid t U 511the improvements described in Section 2 of this ordinance shall be taxed and assessed upon all lots and lands included in said Local Improvement District No. 57 as described and specified in Section 1 of this ordinance; that the costs and expenses of such improvements shall be assessed on the abutting, adjoining, con- 10 tiguous and adjacent lots and lands to such improvements and in- 11 cluded in the improvement district formed, as hereinbefore described 12 in Section 1, each parcel of land being separately assessed for the 13 debt thereof in proportion to the number of square feet of such lots 14 and lands abutting, adjoining, contiguous and adjacent and included 15 in said improvement district to the distance back from street, if 16 platted in blocks to the center of the block, if platted in lots, to 17 the center of the lots, and if not platted, to the distance of 125 feet. Section 5. That the cost and expense of making the afore- 20 said improvements as assessed against the property as set forth in 21 Section 1 of this ordinance, shall be payable in ten equal annual 2 installments, which said installments shall bear interest not ex- 23 24 25j ceeding the rate of seven per cent per annum, payable annually until paid. Such assessments shall be known as special assessments for improvements. 26 27 25 29 30 31 For the purpose of meeting the expenses of said improve- ments during the course of construction, warrants shall be issued 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 cen per annum, from the date of registration thereof until redeemed, andl which warrants shall be redeemed and retired from the proceeds of i I' q o Oa� U C � J • (sale of bonds of such district, which bonds shall be issued in the name of the municipality, and shall be payable by their terms as 3lnearly as may be in equal annual amounts, the first installment of 4 which to mature within one year from date and the last installment 5 of which to mature within ten years from date and shall bear interest 6 at the rate not exceeding seven per cent per annum, payable either 7 annually or semi - annually, as may be determined by the City Council. 8 Such bonds shall not be issued in excess of the contract price and 9 expense of such improvements, including engineering and clerical 10 services, advertising, costs of inspection, costs of collecting 11 assessments and interest upon warrants, and all legal services for 12 preparing the proceedings and advising in regard thereto; said bonds 13 shall be numbered consecutively from one up and shall be in the 14 denomination of $500.00 except bond number one, which may be for an 15 odd amount not less than $100.00, as may be necessary and proper. 15 Coupons shall be attached to said bonds for each annual or semi - 17 annual installments of interest; each bond and coupon shall be signs 18 by the Mayor and countersigned by the City Treasurer and attested 19 by the City Clerk; provided, however, that such coupons may, in lieu of being signed, have printed thereon the facsimile of the signature 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 the principal sum therein named and the interest thereon shall be payabl out of the local improvement fund of said district, created for the payment of the costs and expenses of such improvement, and not other 211 mi 231 2711 w ise. 2 811 There is hereby created in the City Treasury of the City of Caldwell, Idaho, a special fund to be known as "Local Improvement District No. 57 Fund ", which is hereby created for the payment of 3111 the costs and expenses of such improvement; and all assessments whi 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 6 claim therefo r,against the city except from the collection of the 7 special assessments made for the imrrovement for which said bonds 8 were issued; this remedy, in case of non - payment, shall be confined 9 to the enforcement of such assessments, and a copy of Section 50 -293 10 Idaho Code, shall be plainly written, printed or engraved upon the 11 face of each bond so issued. All assessments which shall be levied 19 20 21 22 23 24 25 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 bond 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 2611 upon said date. 27 12 against the land in said local improvement district shall become a 28 13 lien upon lots, tracts or parcels of land against which liens shall � 14 take precedence over all other liens and may be enforced and fore - penses of 15 closed in accordance with the provisions of Chapter 29, Title 50, t contiguous and adjacent lots and lands included in said 32 a and shall make out an assessment roll according to law an 16 of the Idaho Code. � U 17 Whenever there shall be sufficient money in the fund of 18 said district over and above the amount sufficient for the payment 19 20 21 22 23 24 25 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 bond 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 2611 upon said date. 27 Section 6. As soon as this ordinance shall be passed and 28 approved, and be in effect, the Committee on Sewers together with 29 the City Engineer shall determine the amount of the costs and ex- 30 penses of said improvements to be assessed upon the abutting, ad- 31 joining, contiguous and adjacent lots and lands included in said 32 district, and shall make out an assessment roll according to law an the provisions of this ordinance, which shall contain among other 2 things, the number of the assessments, the name of the :owners if 3 known, or if not known, that the same is unknown, a description of 4 said tract assessed and the total amount of the assessment; and the 5 total cost and expense of said improvement to be so assessed shall 6 be divided into ten equal installments. Said assessment roll shall 7 be certified to the City Council and filed with the City Clerk, and 8 notice of hearing thereon shall be given, and hearing thereon had 9 as provided in Chapter 29 of Title 50, Idaho Code, and following the 10 hearing the City Council shall pass an order, approving and con - 11 firming said assessment roll as originally filed or as corrected by 12 them, and their decision and order shall be a final determination of 13 its regularity, validity, and correctness of said assessment roll, o ar 14 of each assessment therein contained, and the amount thereof levied aaFd 15 upon each lot, piece or parcel of land within the said improvement 16 district subject only to appeal as provided by Chapter 29 of Title �U 17 50, Idaho Code, and annually thereafter the Council shall levy a 18 special assessment against the property within said district suffic- 19 ient to redeem the bonds in said district next maturing, together 20 with interest falling due upon all bonds then outstanding; such 21 assessment shall be made upon the property chargeable for the costs 22 of such improvements, respectively; and the basis upon which the 23 first installment of the assessment is levied shall be retained for 24 the assessment of the succeeding installment. 25 Section 7. Within fifteen days after the assessment roll 26 shall have been confirmed by the Council, the City Engineer shall 27 prepare and file with the City Clerk a map of the improvement dis- 28 trict showing each piece of property separately assessed, according 29 to the description in the assessment roll, and shall number each 30 piece of property shown on said map with the corresponding number of 31 the assessment on said roll. 32 Section 8. That said Committee on Sewers, the City Engin 0 0 8 9 lc 11 1 eer and the City Council shall be governed in the preparation, ap- t proval and confirmation of such assessment roll by the provision of 3 'Chapter 29, Title 50, of the Idaho Code, and by the provisions of 4 this ordinance. 5' Section 9. All ordinances, resolutions, orders or parts 6 thereof, in conflict herewith are hereby repealed, rescinded and 7 annulled. Section 10. This ordinance shall be in full force and effect from and after its passage, approval and publication accord- ing to law. PASSED by the Council this 7th day of September, 1965. APPROVED by the Mayor this 7th day of September, 1965. Mayo 23 24 14 Oa< 15 a 16 17 ATTEST: 18 7 19 2q v e Mayo 23 24