HomeMy WebLinkAboutORD 1057a '
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B ILL NO. 20
ORDINANCE NO. 1057
BY COUNCILMAN MARTIN
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AN ORDINANCE CREATING AND ESTABLISHING A LOCAL IMPROVEMENT DISTRICT
TO BE CALLED AND KNOWN AS "LOCAL IMPROVEMENT DISTRICT NO. 58 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 MUNICIPALITY 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 CONFLICT
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. 58 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 25 feet West and 16 feet North of the
Southeast corner of the NE4NW4SE4 of Section 28,
Township 4 North, Range 3 West of the Boise Meri-
dian; thence North 76.91 feet to the REAL POINT
OF BEGINNING: thence North 84 22 West, 141.7
feet; thence South 86.71 feet to a point which is
16 feet North of the South line of said NE4NW4SE
thence West 100 feet; thence North 9 feet; thence
West to a point in the West line of the NW4NW4SE 4
of said Section 28 which is 25 feet North of the
Southwest corner of said NW4NW4SE4; thence North
along said West line 270 feet; thence East and
parallel with the South line of said NW4NW4SE4 and
said NE4NW4SE4 to a point which is 177 feet West of
the East line of said NE &W4SE4; thence North to a
point which is 305 feet South of the North line of
said NE4NW thence East 152 feet to a point which
is 25 feet West of the East line of said NE'NW4SE4;
thence South to the REAL POINT OF BEGINNING.
1 Section 2. That there shall be constructed in said Local
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Improvement District No. 58 for the City of Caldwell, Idaho, the
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following described improvements, to -wit: a sewer system, drainage
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and disposal work consisting generally of ditches, drains and con-
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duits and channels for sanitary and drainage purposes, or either or
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both thereof, with outlets, cesspools, manholes, catch basins, flush
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tanks, septic tanks and all other sewer appurtenances necessary for
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the comfort, convenience, health and well -being of the municipality,
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said lots and lands abutting, adjoining, contiguous and adjacent to
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the improvements being within the boundaries set forth in Section 1.
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Section 3. That said improvements shall be constructed
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within said district in accordance with the plans and specifications
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thereof on file in the office of the City Engineer of the City of
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Caldwell, Idaho; that materials used in said sewer system and drain -
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age and disposal works shall be Portland cement, concrete, earth
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sand, gravel stone, concrete sewer and drainage pipe and such excava
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tion as may be necessary to make a complete sewer system and dis-
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posal works.
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Section 4. That the full cost and expense of making
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the improvements described in Section 2 of this ordinance shall
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be taxed and assessed upon all lots and lands included in said
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Local Improvement District No. 58 as described and specified in
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Section 1 of this ordinance; that the costs and expenses of such
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improvements shall be assessed on the abutting, adjoining, con -
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tiguous and adjacent lots and lands to such improvements and in-
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cluded in the improvement district formed, as hereinbefore described
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in Section 1, each parcel of land being separately assessed for the
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debt thereof in proportion to the number of square feet of such lots
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and lands abutting, adjoining, contiguous and adjacent and included
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in said improvement district to the distance back from street, if
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platted in blocks to the center of the block, if platted in lots, to
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the center of the lots, and if not platted, to the distance of 125
feet.
1 Section 5. That the cost and expense of making the afore-
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said improvements as assessed against the property as set forth in
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Section 1 of this ordinance, shall be payable in ten equal annual
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installments, which said installments shall bear interest not ex-
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ceeding the rate of seven per cent per annum, payable annually until
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paid. Such assessments shall be known as special assessments for
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improvements.
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For the purpose of meeting the expenses of said improve -
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ments during the course of construction, warrants shall be issued
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against the funds of said district, payable to the contractor or
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other proper person, upon the estimates of the City Engineer, which
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warrants shall bear interest at the rate not to exceed seven per cent
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per annum, from the date of registration thereof until redeemed, and
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which warrants shall be redeemed and retired from the proceeds of
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sale of bonds of such district, which bonds shall be issued in the
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name of the municipality, and shall be payable by their terms as
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nearly as may be in equal annual amounts, the first installment of
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which to mature within one year from date and the last installment
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of which to mature within ten years from date and shall bear interest
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at the rate not exceeding seven per cent per annum, payable either
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annually or semi- annually, as may be determined by the City Council.
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Such bonds shall not be issued in excess of the contract price and
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expense of such improvements, including engineering and clerical
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services, advertising, costs of inspection, costs of collecting
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assessments and interest upon warrants, and all legal services for
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preparing the proceedings and advising in regard thereto; said bonds
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shall be numbered consecutively from one up and shall be in the
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denomination of $500.00 except bond number one, which may be for an
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odd amount not less than $100.00, as may be necessary and proper.
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Coupons shall be attached to said bonds for each annual or semi -
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annual installments of interest; each bond and coupon shall be sign
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by the Mayor and countersigned by the City Treasurer and attested
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by the City Clerk; provided, however, 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 the
principal sum therein named and the interest theron shall be payable
out of the local improvement fund of said district, created for the
payment of the costs and expenses of such improvement, and not other -
wise.
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. 58 Fund ", which is hereby created for the payment of
the costs and expenses of such improvement; and all assessments
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
20f dlaim therefor, against the city except from the collection of the
21 I 1 special assessments made for the improvement for which said bonds
22 were issued; this remedy, in case of non - payment, shall be donfined
2.1; to the enforcement of such assessments, and a copy of Section 50 -29
Idaho Code, shall be plainly written, printed or engraved upon the
face of each bond so issued. All assessments which shall be levied
26 against the land in said local improvement district shall become a
27 lien upon lots, tracts or parcels of land against which liens shall
28 take precedence over all other liens and may be enforced and fore-
2911 closed in accordance with the provisions of Chapter 29, Title 50,
of the Idaho Code.
S1l Whenever there shall be sufficient money in the fund of
32, said district over and above the amount sufficient for the payment
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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
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approved, and be in effect, the Committee on Sewers together with
the City Engineer shall determine the amount of the costs and ex-
penses of said improvements to be assessed upon the abutting, ad-
joining, contiguous and adjacent lots and lands included in said
district, and shall make out an assessment 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 same 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 hearing 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 con-
firming said assessment roll as originally filed or as corrected by
them, and their decision 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 improvement
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 Buff ic-
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ient 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 cdnf irmed by the Council, the City Engineer shall
prepare and file with the City Clerk a map of the improvement dis-
trict 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 Sewers, the City Engin-
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eer and the City Council shall be governed in the preparation, ap-
proval 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 and
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 6th day of December, 1965.
APPROVED by the Mayor this 6th day of December, 1965.
_ Mayor ° w
ATTEST:
'Cit y Clerk