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BILL N0. 27
Z!!I ORDINANCE NO. 111a16
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31 BY COUNCILMAN MARTIN
4 AN ORDINANCE CREATING AND ESTABLISHING A LOCAL IMPROVEMENT DISTRICT
5I TO BE CAL!ZD A= KNOWN AS "LOCAL IMPROVEMENT DISTRICT NO. 63 FOR
TIM !7ITY Off? CALDWELL, IDAHO"; DESIGNATING THE BOUNDARIES OF SAID
61 IMPROVEMENT DISTRICT; PROVIDING FOR CONSTRUCTION OF SEWERS, DITCHES,
a?RAZNS, CONDUITS AND CHANNELS FOR SANITARY AND DRAINAGE PURPOSES,
7' EITHER OR TAOTH THEREOF, WITH OUTLETS, CESSPOOLS, MANHOLES, CATCH
BASINS, F'.1rSH TANKS, SEPTIC.TANKS, AND ALL OTHER SEWER APPURTENANCES
N ECESSARY g.. THE COMFORT, CONVENIENCE, HEALTH AND WELL -BEING OF
TFE MUNIC T'ALITY THEREIN; PROVIDING THAT THE COST AND EXPENSE OF
91' �D TMPF'� /ANTS SHALL BE TAXED AND ASSESSED UPON ALL THE PROPERTY
Y Iiw 514ID 'MOVEMENT DISTRICT AGAINST THE ABUTTING, ADJOINING, CON -
i0I w mOUS AN'` ADJACENT LANDS ALONG AND UPON WHICH SAID IMPROVEMENTS
t ' TO BE g AND UPON THE LOTS AND LANDS BENEFITED BY SUCH IMPROVE -
VENTS AND IFCIXlDED IN SAID IMPROVEMENT DISTRICT; PROVIDING THE
ill ETI 00 OF A�SF SMENT AND PAYMENT THEREOF; DIRECTING THE CITY CLERK
121 , AL'°. °ERTISE F °R AND RECEIVE BIDS FOR SUCH MATERIALS AS MAY BE j
D�,31GNATED .yv `"'HE ° OUNCIL FOR SUCH IMPROVEMENTS AND THE DOING OF �
13 T "-` WORK ANi Ts_ FOR THE CONSTRUCTION OF THE SAME; REPEALING ALL
Ox ` R,.30TIJTIONS, OR ORDERS OR PARTS THEREOF, IN CONFLICT
BE TT ORDAINED By the Mayor and Council of the City of
aldwe.il, Idaho:
:Section 1. That there shall be and hereby is created and
16i e =table ned > local improvement district in the City of Caldwell,
191` Count's :)-!' "'anyon, State of Idaho, to be called "Local Improvement
2c1 D;e twi! �4 63 for the City of Caldwell, Idaho "., and that said
2 ,..- r(,verent eistrict shall consist of and include all of the lo..:
;^ 1?° abutting, adjoining, contiguous and adjacent to the im-
-)vt, , un «'s w 9 th the. following described boundaries .
-Tact C and Tract M of Mountain View Subdivision
to +- -ie C ° y of Caldwell, as shown on the official
n ,.:HI; the - °eof on file and of record in the office
:.he F corder of Canyon County, Idaho.
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_ a 2. That there shall be constructed in said Local
3 D' s . ,. , Nlo. 63 for the City of Caldwell, Idaho, the
impro- , to-wit: a sewer system, drainage
jj_: ' wog 'x e;ons5tting generally of ditches, drains and con-°
q 17 for sanitary and drainage purposes, or either or
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11tanks, septic tanks and all other sewer appurtenances necessary for
2�the comfort, convenience, health and well -being of the municipality,
31sald lots and lands abutting, adjoining, contiguous and adjacent to
4l�t;ne improvements being within the boundaries set forth in Section 1.
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51I Section 3. That said improvements shall be constructed
61iwithin said district in accordance with the plans and specifications
7 thereof on file in the office of the City Engineer of 'the City of
t,Caldwell, Idaho; that materials used in said sewer system and drain-
q= age and disposal works shall be Portland cement, concrete, earth,
10E , «,:,, gr4vei stone, concrete sewer and drainage pipe and such excava-
11 Lion as may be necessary to Snake a complete sewer system and dis-
;e `! pa gal works.
W: Section 4. That the full cost and expense of making the
r im ro ements described in Section 2 of this ordinance shall be taxed
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• 151 and assessed upon all lots and lands included in said Local Improve-
;�,�; M .Cistrct X10. 63 as described and specified in Section 1 of this
17 ordinance; that the costs and expenses of such improvements shall be
1 &p assessed on the abutting, adjoining, contiguous and adjacent lots
19 and lares to ;uch improvements and included in. the improvement dis-
to ' ct f^rued, as herein-before described in Section 1, each parcel
2 o' land being separately assessed for the debt thereof in proportion
221 to tine number of square feet of such lots and lands abutting, ad-
231I ' ,',D rr:l ng, cont ig7aous and a djacent and included in said improvement
24 district to the distance back from the street, if platted in blocks
25i! to 4 =re cerite -,° of the block, if platted in lots, to the center of the
s . to the distance of 125 feet.
25�I loss, a;��.e i� r�.�.. platted,
Sect on 5. That the cost and expense of making this afore -
;'BI sai:. improvements as assessed against the property as set forth in
29 z >ec° an 1 of this ordinance, shall be payable in ten equal annual
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ac' gin_ .as.:: =nts, w hich said installments shall bear interest not ex-
s�, cep , sg � note f,n seven per cent per annum, payable annually until
3$ , asst meats shall be known as special assessments for
err:
2= its the purpose of meeting the expenses of said improve
3, v , -�ng tip :°o<.rse of construction, warrants shall be issued against
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4 t J; fu ss ;d district, payable to the contractor or other pro-
per the estimates of the City Engineer, which warrants
at the rate not to exceed seven per cent per
7 annum, w .ii date of registration thereof until redeemed, and
q Witch wa shah be redeemed and retired from the proceeds of
911 sale of c ;:pis oT• �T;ch district, which bonds shall be issued in the
10� rL4aw of Apality, and shall be payable at their terms as
%.* i as :.. ; 3 in equal annual amounts, the first installment of
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301 a
, printed T., :erpon the facsimile of the signaturesi
°icers `aci -., ;r h c:,d shat have the seal of the City
( ,re t ;,,, ; r e °'e I -) the improvement district for the
,.nt; •k?,. _: I and shall provide that the
, . Pd &-a the interest thereon shall be payable
ur- with:r one year from date and the last installment
n tc> :ure W thin ten years from date and shall bear interest
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ra',° r:ot exceeding seven per cent per annum, payable either
$
r..3 ::..y :)r semi - annua .�Iy, as may be determined by the City Council.
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c on-is shall rent ae issued in excess of the contract price and
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1711 E»
Y: , F .., e ofT such Improvement including engineering and clerical
s,t<,'
ces, a.dvertisl f , costs of inspection, costs of collecting
19I a�
°y ssinentF,; and irii =;n P_st °.upon warrants, and all legal services for
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�z ', procek: x'.ngs and advising in regard thereto; said bonds
21, T
oe mim. tiered cc °: °ss0cut lve ;r from one up and shall be in the
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mn; nat:.nn of $500.00 exce bond number one, which may be for an
Y_ t less than $100.00 as may be necessary and proper.
�`.. P attached to sa;d bonds for each annual or semi-
of °, merest; each bond and coupon shall be signed
ano counter's Lgned by the City Treasurer and attested
provld�> : rowever, , that such coupons may, in lieu
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301 a
, printed T., :erpon the facsimile of the signaturesi
°icers `aci -., ;r h c:,d shat have the seal of the City
( ,re t ;,,, ; r e °'e I -) the improvement district for the
,.nt; •k?,. _: I and shall provide that the
, . Pd &-a the interest thereon shall be payable
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1 ; o.,w tt,e local improvement fund for said district, created for the
21�A ,,= ent of the costs and expenses of such improvement, and not other -
g`, B .
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41 There le hereby created in the City Treasury of the City
Gil of Ca Awell, Idaho, a special fund to be Down as "Local Improvement
eJ xstrict; Ito. 63 Fund ", which is hereby created for the payment of
7t the costs and expenses of such improvement; and all assessments which
s,
g shawl be levied for the payment of the costs and expenses of the
9'asaid improvement shall as collected be immediately paid into the
lt3ty sa fund and :�o portion of the said fund shall, so long as any of
1 4l tl bonds of district shall remain outstanding and unpaid, be
�a .,sed for any otter purpose than for the payment of the principal and
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t.° rter_, >t of said bonds. The holders of said bonds shall have no
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't against the city except from the collection of the
, aya. ays ssments made for the improvement for which said bonds
ltw sere issued; this remedy, in case of non - payment, shall be confined
1.7 to t enforcement of such assessments, and a copy of Section 50 -1705
all I daho 'ode, shall be plainly written, printed or engraved upon the
gg °f°a,;e of each bond so issued. All assessments which shall be levied
201? agaln!'tl tv ':.and in said local improvement district shall become a
21`1 ,lieu .,> lots, tracts or parcels of land against which liens shall
P2! tai;• -�, co edence over all other liens and may be enforced and fore -
2.ai! c1!. * l in accordance with the provisions of Chapter 17, Title 50, of
the Idaho Code.
wh °;ever there shall be sufficient money in the fund of
said disc - t 0 %'al' and above the amount sufficient for the payment
of Intert-t on all unpaid bonds in said district to pay the princi-
pal :,__ or more bonds, the Treasurer shall call in and pay such
►� bore d= r their numerical order, lowest number first, which call
k sha.L . ,t,p•. iade tq V. =.Ilcation in the official newspaper of the City
X11 of Caldwell, _.-A drka1' Mate the bond numbers (giving the serial
Js � ;j : ed) which will be paid on the day the next
a w =,�
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linterest 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 Severs together with
the City Engineer shall determine the amount of the costs and ex-
.6 penses of said improvements be assessed upon the abutting, ad-
7 joining, contiguous and adjacent lots and lands included in said
9 district, and shall make out an assessment roll according to law and
9 the provisions of this ordinance, which shall contain among other
to things, the number of the assessments, the name of the owners if
11 known, or if not known, that the same is unknown, a description of
12 said tract assessed and the total amount of the assessment; and the
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13 total cost and expense of said improvement to be so assessed shall
14 be divided into ten equal installments. Said assessment roll shall
lb be certified to the City Council and filed with the City Clerk, and
16 notice of hearing thereon shall be given, and hearing thereon had
17 as provided in Chapter 17 of Title 50, Idaho Code, and following the
18 hearing the City Council shall pass an order, approving and con -
19 firming said assessment roll as orginally filed or as corrected by
20 these, and their decision and order shall be a final determination of
21 its regularity, validity, and correctness of said assessment roll,
22 1 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 17 of Title
50, Idaho Code, and annually thereafter the Council shall levy a
special assessment against the property within said district suffic-
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 'q:w4:ssment of the succeeding installment.
11 Section 7. Within fifteen days after the assessment roll
2 sh&ii have been confirmed by the Council, the City Engineer shall
3 prepare and file with the City Clerk a map of the improvement dis-
41trict showing each piece of property separately assessed, according
51to the description of the assessment roll, and shall number each
6j;pioce of property shown on said map with the corresponding number of
the assessment on said roll.
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Section 8. That said Committee on Sewers, the City En-
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9, gineer and the City Council shall be governed in the preparation,
Wl�approval and confirmation of such assessment roll by the provision
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!of Okapter 17, Title 50, of the Idaho Code, and by the provisions of
121 this ordliance.
13! Section 9. All ordinances, resolutions, orders and parts
141 ther*-)�, in conflict herewith are hereby repealed, rescinded and
Section 10. This ordinance shall be in full force and
it from and after its passage, approval and publication accord-
law.
PASSED By the Council this 16th day of December, 1968.
APPRUVED By the Mayor this 16th day of December, 1968.
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