HomeMy WebLinkAboutORD 1161I
BILL NO. 15
ORDINANCE NO. '1161
3• BY COUNCILMAN
4 AN ORDINANCE CREA AND ESTABLISHING A LOC .L' STREET IyPR0VU
DISTRICT TO BE CALLED AND KNOWN AS "LOCAL IMPROVEMENT DISTRICT NO.
5 64 FOR THE CITY OF CALDWELL, IDAHO;" DESIGNATING THE STREETS AND
AVENUES AND POINTS BETWEEN 14HICH SAID IMPROVEMENT IS TO BE MADE;
6 AND PROVIDING FOR THE CONSTRUCTION 02 CURBS, GUTTERS AND STREET
AND ALLEY V,.'.,!,LEYS IN SAID DISTRICT; AND PROVIDING FOR THE SURFACING,
7 GRADING AND OILING OF THE STREETS AND A7_77."_'S THEREIN; PROVIDING
THAT THE COST AND EXPENSE OF THE SAID TMPr?OVEIIENT SHALL BE TAXED AND
8 ASSESSED UPON ALL OF THE PROPERTY WITHIN THE SAID IMPROVEMENT DIS-
TRICT ABUTTING, ADJOINING, CONTIGUOUS AND ADJACENT TO THE PORTION OF
9 SAID STREETS AND AVENUES SO IMPROVED; PRESCRIBING THE METHOD OF SUCH
ASSESSMENT AND PAYMENT THEREOF; DIRE0I=NIG THE CITY CLERK TO ADVERTISI
10 FOR AND RECEIVE BIDS FOR SUCH MATERIALS S MAY BE DESIGNATED BY '1HE
COUNCIL FOR SUCH IMPROVEMENT AND OF DOING THE WORK AND LABOR FOR
11 CONSTRUCTION OF THE SAME; REPEALING ALL ORDINANCES, RESOLUTIONS, OR
ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH AND DECLARING AN
12 EMERGENCY.
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14 BE IT ORDAINED By the Mayor and Council of the City of
15 Caldwell, Idaho:
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C) 09 p s , 16 Section 1. That there be and hereby is created a local
17 street improvement district in the City of Caldwell, County of
18 Canyon, State of Idaho, to be called and known as "Local Improvemen�
191� District No. 64 for the City of Caldwell, Idaho," and that said
20 improvement district shall consist of and include all the property
21 abutting., adjoining, contiguous and adjacent to the following named
22 streets and avenues of the City of Caldwell, Idaho, between the
23 points hereinafter named to a distance back from such streets and
24 avenues, if platted in blocks to the center of the block, if platted
25 in lots to the center of the lot, and if not platted, a distance of
21 one hundred twenty-five feet, said streets and avenues are as
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TETON AVENUE, SHASTA WAY, TERRACE DRIVE AND ROOSEVELT STREET
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BEGINNING at the NW corner of Lot 1 of Block 4 of Terrace Addition
No. 2 to the City of Caldwell, Idaho; thence S 790 281 15" E.84.86
feet; thence S 57 4 1 40" E. 180.65 feet; thence S 52® 261 20" E.
58.18 feet to the NE corner of Lot 8 of Block 2 of said Terrace
Addition No. 2; thence S to the NW corner of Lot 6 of Block 3 of sa
Terrace Addition No. 2; thence E to the NE corner of Lot 12 of
Block 1 of said Terrace Addition No. 2; thence S 0 35' 30 E.
213.00 feet; thence S 23® 20' 50" W. 229.84 feet; thence Sally
along the Southerly line of Lot 15 of said Block 1 to the SW
corner of said Lot 15; thence N to the SE corner of Lot 22 of
said Block 1; thence W to the SW corner of Lot 21 of said Block 1;
thence N to the SE corner of Lot 20 of said Block 1; thence W to
the SW corner of said Lot 20; thence Nally to the SE corner of
Lot 3 of Block 5 of said Terrace Addition No. 2; thence W to the
SW corner of said Lot 3; thence N to the POINT OF BEGINNING.
10 SPRUCE STREET, IOWA AVENUE, AND ILLINOIS AVENUE
11 BEGINNING at the M1 corner of Lot 1 of Block 2 of Green Acres
Addition to the City of Caldwell, thence E to the NE corner of
12 said Lot 1; thence S to the SE corner of Lot 2 of said Block 2
thence Sally to the SW corner of said Lot 2; thence SWly to the
13 SE corner of Lot 6 of Block 1 of said Green Acres Addition; said
SE corner being 58.40 feet E of the SW corner of said Lot 6;
14 thence S 8 0 15" W,.66.35 feet; thence S 42° 10 10" E 243.21
feet; thence S 32 33 15" E, 115.30 feet; thence S 0 14' 55" E,
15 265.90 feet to the S corner of Lot 2 of Block 3 of Hansen's
Subdivision to the City of Caldwell; thence N 47° 51' 40" W,
16 316.61 feet• thence S 89 30 25" W, 134.13 feet; thence
S 61 23' 5 ;1 W, 116.16 feet to the SW corner of Lot 7 of Block 2
17 of said Hansen's Subdivision; thence N to the SE corner of
Lot 1 of Block 1 of said Hansen's Subdivision; thence W to the
18 SW corner of said Lot 1; thence N to a point which is 22.5 feet
W and 140.00 feet N of the SW corner of Block 85 of Mountain View
19 Addition to the City of Caldwell; thence E and parallel to the S
line of said Block 85 to the center of the alley; thence N to the
20 intersection of the centerline of the alley and the extension of
the N line of Lot 15 of said Block 85 thence E to the NE corner of
21 said Lot 15; thence E to the intersection of the centerline of the
vacated alley and the E line of Block 86 of said Mountain View
22 Addition; thence SEly to the POINT OF BEGINNING.
2311 BEECH STREET
24 BEGINNING at the SW corner of Tract 7 of Mountain View Subdivision
No. 2 to the City of Caldwell, Idaho; thence N 140 feet; thence
25 E, 272.27 feet; thence N 25.00 feet; thence E, 330.00 feet to the
E line of said Tract 7; thence S to a point in the E line of
26 Tract 8 of said Mountain View Subdivision No. 2, which is 152.65
feet S of the NE corner of said Tract 8; thence Westerly to a point
27 in the W line of said Tract 8 which is 152.70 feet S of the NW
corner of said Tract 8; thence N to the POINT OF BEGINNING.
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ill EAST HAZEL STREET
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ELLIS AVENUE
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BEGINNING at the SE corner of Lot 1 of Block 3 of McKin ny Re -plat I
of Part of Block 18, Pioneer Subdivision to the City of Caldwell,
Idaho; thence N 89 59' W, 120 feet; thence N 0 10' 30" W, 132. 19
feet to the S line of the alley; thence NEly to a point in the N
line of the alley which is 245.12 feet E of the centerline of
Kimball Ave.; thence N 132.00 feet to the S line of Elm Street, thence
E along the S line of Elm Street, 243.00 feet; thence S, 274. feet
to the N line of Hazel Street; thence W along the N line of Hazel
Street 150 feet; thence S 6.09 feet to the POINT OF BEGINNING.
WEST HAZEL
gi BEGINNING at the SE corner of Lot 5 of Block 2 of West Ash Addition
thence W to the SW corner of Lot 3 of said Block 2; thence N to
9 the NW corner of Lot 9 of Block 1 of said West Ash Addition; thence i
E to the NE corner of Lot 7 of said Block 1; thence S to the POINT
0 OF BEGINNING.
12 BEGINNING at the SW corner of Lot 1 of Block 37 of Mountain View
Addition to the City of Caldwell, thence N to the NP/ corner of
13 Lot 5 of Graves Re -plat of Block 38 of said Mountain View Addition;
thence E to the NE corner of Lot 6 of said Graves Re -plat; thence
14 S to the SE corner of Lot 10 of Block 37 of said Mountain View
Addition; thence W to the POINT OF BEGINNING.
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SANTA CLARA DRIVE
16 BEGINNING at the SE corner of Lot 1 of Block 2 of Mansel Subdivision
17 to the City of Caldwell, Idaho; thence W to the SW corner of Lot 2
of said Block 2; thence N to the SE corner of Lot 3 of said Block 2;.
18 thence W to the SW corner of Lot 3 of said'Block 2; thence N to the
NW corner of Lot 5 of Block 1 of said Mansell Subdivision; thence
19 E to the NE corner of said Lot 5; thence N to the YJ corner of Lot 3
of said Block 1; thence E to the NE corner of Lot 1 of said Block 1;
20 thence S to the POINT OF BEGINNING.
211 ALBANY STREET
BEGINNING at the S corner of Lot 1 of Block 84, Original Townsite,
to the City of Caldwell, Idaho; thence NEly to the N corner of
Lot 1 of Block 60 of said Original Townsite; thence SEly to the E
corner of Lot 12 of said Block 60; thence SWly to the S corner of
Lot 12 of Block 84 of said Original Townsite; thence Nally to the
POINT OF BEGINNING:
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Section 2. That there shall be constructed in said Local
Improvement District No. 64, the followinv described improvements,
to -wit: (1) Curbs and gutters and street and alley valleys on
all of the streets and avenues named in Section 1 of this ordinance,
between the points on said streets and avenues as designated in
said Section, excepting those portions of streets and avenues where
curbs or gutters or street or alley valleys are now in place; (2)
Surfacing, grading and oiling of all the streets and avenues named
in Section 1 of this ordinance, between the points on said streets
and avenues as designated in said Section 1.
Section 3. That said improvements shall be constructed
between the said described points in accordance with the plans and
specifications thereof on file in the office of the City Engineer
of the City of Caldwell, Idaho; that the materials to be used in
the construction of the curbs and gutters, street and alley valleys,
shall be Portland cement concrete and the Materials to be used in
the surfacing, grading, and oiling of said streets and avenues
shall be earth, gravel and oil.
Section 4. That the full cost and expense of making the
improvements described in Section 2 of this ordinance, including
the intersections, shall be taxed and assessed upon all of the
property included within said Local Improvement District No. 64,
as described in Section 1 of this ordinance and said cost and ex-
pense 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. 64,
and in proportion to the benefits derived by said improvement;
provided, that each lot shall be assessed only its proportionate
share of the costs of the particular improvement :made in front of
such lot, and its proportionate share of the costs and expenses of
such improvement in the spaces formed by the junction on two or
more streets and avenues, or where two streets and avenues terminate
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or cross another street or avenue. Provided further, that if any
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2I such improvement is made on one side of the center line of said
3 streets or avenues, and lots of land or portions thereof, fronting
4I on that side only shall be assessed to cover the costs and expenses
5 of said improvements.
6 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 ordinance,
10 shall be payable in ten equal installments which said installments
11 shall bear interest not exceeding the rate of seven per cent per
12 annum, payable annually. Such assessments shall be known as special
13 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
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 the name 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
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thereto; said bonds shall be numbered consecutively from one up and
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shall be of such denomination as the City Council may determine not
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exceeding $500.00, provided, however, that Bond No. 1 may be of a
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denomination other than a multiple of $100.00 as may be necessary
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and proper. Coupons shall be attached to said bonds for each
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annual or semi - annual installment of interest; each bond and coupon
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shall be signed by the Mayor and countersibned by the City Treasurer
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and attested by the City Clerk; provided, however, that such coupons
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may, in lieu of being signed, have printed thereon the facsimile of
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the signatures of said officers and each bond shall have the seal
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of the City affixed thereto and shall refer to the improvement dis-
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trict for the payment of which the same is issued, and shall pro-
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vide that the principal sum therein named and the interest thereon
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shall be payable out of the local improvement fund of such district,
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created for the payment of the costs and expenses of such improve -
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ment, and not otherwise.
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There is hereby created in the City Treasury of the City
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of Caldwell, Idaho, a special fund to be known as "Local Improve-
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ment District No. 64 Fund ", which is hereby created for the payment
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of the costs and expenses of such improvement; and all assessments
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which shall be levied for the payment of the costs and expenses of
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the said improvement shall as collected be immediately paid into
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the said fund and no portion of the said fund shall, so long as
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any of the bonds of said district shall remain outstanding and
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unpaid, be used for any other purpose than for the payment of the
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principal and interest of said bonds. The holders of said bonds
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shall have no claim therefore, against the City except from the
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collection of the special assessments made for the improvement for
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which said bonds were issued; this remedy, in case of non - payment,
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shall be confined to the enforcement of such assessments, and a
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copy of Section 50 -1705, Idaho Code, shall be plainly written,
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printed or engraved upon the,face of each bond so issued. All
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111 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 17, Title 50, of the Idaho Code.
Whenever there shall be sufficient money in the fund of
said district over and above the amount :sufficient for the payment
8 of interest on all unpaid bonds in said district to pay the prin-
9 cipal of one or more bonds, the Treasurer shall call in and pay
10 such bonds in their numerical order, lowest number first, which
11 call shall be made by publication in the official newspaper of
12 the City of Caldwell, and shall state the bond numbers (giving
13 the serial numbers of the bonds called) which will be paid on the
14, 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 Streets together with
City Engineer shall determine the amount of the costs and expenses
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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
22 provisions of this ordinance, which shall contain among other
23 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;
26 and the total cost and expense of said improvement to be so
2711 assessed shall be divided into ten equal installments. Said
28 assessment roll shall be certified to the City Council and filed
29 with the City Clerk, and notice of hearing thereon shall be given
30 and hearing thereon had as provided in Chapter 17 of Title 50,
31 Idaho Code, and following the hearing the City Council shall pass
32 an order approving and confirming said assessment roll as originally
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filed or as corrected by them, and their decision and order shall
be a final determination of its regularity, validity, and correct-
ness 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 17 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,insta]lment of
the assessment is levied shall be retained for the assessment of
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14 the succeeding installment.
15� Section 7. Within fifteen days after the assessment roll
16 shall have been confirmed by the Council, the City Engineer shall
17 prepare and file with the City Clerk a map of the improvement dis-
18 trict showing each piece of property separately assessed, according
19 to the description in the assessment roll, and shall number each
20 piece of property shown on said map with the corresponding number
21 of the assessment on said roll.
22 Section 8. That said Committee on Streets, the City
23i Engineer and the City Council shall be governed in the preparation,
approval and confirmation of such assessment roll by the provision
of Chapter 17, 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
31 11 effect from and after its passage, approval and publication accord-
ing to law.
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PASSED By the Council this 5th day of May, 1969.
APPROVED By the Mayor this 5th day of May, 1969.
Mayor
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