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HomeMy WebLinkAboutORD 1164BILL NO. 17 1 ORDINANCE NO. 1161 2 BY COUNCILMAN HARRISON 3 AN ORDINANCE CREATING AND ESTABLISHING A LOCAL IRRIGATION IMPROVE- MENT DISTRICT TO BE CALLED AND KNOWN AS "LOCAL IMPROVEMENT DISTRICT 4 NO. 65 FOR THE CITY OF CALDWELL, IDAHO".; STATING THE BOUNDARIES OF SUCH DISTRICT IN WHICH SAID IMPROVEMENT SHOULD BE MADE; AND PROVIDIN( 5 FOR THE CONSTRUCTION OF IRRIGATION PIPELINES, LATERAL EXTENSIONS, VALVED OUTLETS, CHECK BOXES AND OVERFLOW LINES TO SERVE THE PROPER- 6 TIES THEREIN; PROVIDING THAT THE COST AND EXPENSE OF THE SAID IM- PROVEMENT SHALL BE TAXED AND ASSESSED UPON ALL OF THE PROPERTY 7 WITHIN THE DESIGNATED BOUNDARIES OF SAID IMPROVEMENT DISTRICT IN PROPORTION TO THE NUMBER OF SQUARE FEET OF THE LANDS AND LOTS WITHIN 8 THE DISTRICT AND IN PROPORTION TO THE BENEFITS DERIVED BY SAID IMPROVEMENT; PRESCRIBING THE METHOD OF ASSESSMENT FOR PAYMENT THERE- 9 OF; DIRECTING THE CITY CLERK TO ADVERTISE FOR AND RECEIVE BIDS FOR SUCH MATERIALS AS MAY BE DESIGNATED BY THE COUNCIL FOR SUCH IMPROVE - 10 MENT AND OF DOING THE WORK AND LABOR FOR CONSTRUCTION OF THE SAME; REPEALING ALL ORDINANCES, RESOLUTIONS, OR ORDERS OR PARTS THEREOF IN 11 CONFLICT HEREWITH AND DECLARING AN EMERGENCY. 12 BE IT ORDAINED By the Mayor and Council of the City of z 13 Caldwell, Idaho: 9 co 0 14 Section 1. That there be and hereby is created a local ° Q 15 irrigation improvement district in the City of Caldwell, County of x <" 0 4 16 Canyon, State of Idaho, to be called and known as "Local Improve - y e , <� 17 ment District No. 65 for the City of Caldwell, Idaho ", and that 18 said improvement district shall consist of and include all,the c� 19 properties within the designated boundary lines of said district sin to -wit: BEGINNING at the NW corner of Lot 10 of Block 7 of Third Parkside Addition to the City of Caldwell, Idaho; thence E to the NE corner of Lot 1 of said Block 7; thence S to the SE corner of Lot 1 of Block 6 of said Third Parkside Addition; thence W to the SW corner of Lot 10 of said Block 6; thence N to the POINT OF BEGINNING. Section 2. That there shall be constructed within the boundary lines of said proposed district, the following described improvements: construction of irrigation pipelines, lateral extensions, valved outlets, check boxes and overflow lines to serve the properties within the designated boundaries. Section 3. That said improvements shall be constructed within the boundaries of said district in accordance with the plans and specifications thereof on file in the office of the City Eng of the City of Caldwell, Idaho; that the materials to be used shall be pipeline materials, valves, outlets, check boxes, Portland cement, concrete, earth, sand, gravel, stone and such excavation as may be necessary. 5 Section 4. That the full cost and expense of making the 6 improvements described in Section 2 of this ordinance shall be taxed 7 and assessed upon all of the property included within said Local ---" 8 Improvement District No. 65, as described in Section l of this ordi- 9 nance and said cost and expense shall be assessed in proportion to to the number of square feet of lands and lots, included in said Local it Improvement No. 65 and in proportion to the benefits derived by said 12 improvement. z 13 Section 5. That the cost and expense of making the afore- c 0 so 14 said improvement, which is chargeable and will be assessed to the z5 15 property designated within the boundaries of said district, cost of H 16 making improvements as set forth in Section 3 of this ordinance, a� 17 which is chargeable and will be assessed to the property in said i8 district as described in Section 1 of this ordinance, shall be pay - 0 19 able in ten equal installments which said installments shall bear 20 interest not exceeding the rate of seven per cent per annum, payable 21 annually. Such assessments shall be known as special assessments 22 for improvements. 23 For the purpose of meeting the expenses of said improve - 24 ments during the course of construction, warrants shall be issued 25 against the funds of said district, payable to the contractor or 26 other proper person, upon-the estimates of the City Engineer, which 27 warrants shall bear interest at the rate not to exceed seven per 28 cent per annum, from the date of registration thereof until redeemed 29 and which warrants shall be redeemed and retired from the proceeds 30 of sale of bonds of such district, which bonds shall be issued in 31 the name of the municipality, and shall be payable by their terms 32 as nearly as may be in equal annual amounts, the first installment 2. 1 of which to mature within one year from date and the last install - 2 ment of which to mature within ten years from date and shall bear 3 interest at the rate not exceeding seven per cent per annum, payable 4 either annually or semi- annually, as may be determined by the City 5 Council. Such bonds shall not be issued in excess of the contract 6 price and expense of such improvements, including engineering and 7 clerical services, advertising, costs of inspection, costs of 8 collecting assessments and interest upon warrants, and all legal 9 services for preparing the proceedings and advising in regard io thereto; said bonds shall be numbered consecutively from one up and 11 shall be of such denomination as the City Council may determine not 12 exceeding $500.00, provided, however, that bond No. 1 may be of a 13 denomination other than a multiple of $100.00 as may be necessary 0 and proper. Coupons shall be attached to said bonds for each z:a 15 annual or semi- annual installment of interest; each bond and coupon 3 Od 19 16 shall be signed by the Mayor and countersigned by the City Treasurer 04 17 and attested by the City Clerk; provided, however, that such coupons 18 may, in lieu of being signed, have printed thereon the facsimile of 19 the signatures of said officers and each bond shall have the seal 20 of the City affixed thereto and shall refer to the improvement dis- 21 trict for the payment of which the same is issued, and shall pro - 22 vide that the principal sum therein named and the interest thereon 23 shall be payable out of the local improvement fund of such district, 24 created for the payment of the costs and expenses of such improve - 25 ment, and not otherwise. 26 There is hereby created in the City Treasury of the City 27 of Caldwell, Idaho, a special fund to be known as "Local Improve - 28 ment District No. 65 Fund ", which is hereby created for the payment 29 of the costs and expenses of such improvement; and all assessments 30 which shall be levied for the payment of the costs and expenses of 31 the said improvement shall as collected be:-immediately paid into 32 the said fund and no portion of the said fund shall, so long as 3. 1 F . 1 any of the bonds of said district shall remain outstanding and 2 unpaid, be used for any other purpose than for the payment of the 3 principal and interest of said bonds. The holders of said bonds 4 shall have no claim thereof, against the City except from the 5 collection of the special assessments made for the improvement for 6 which said bonds were issued; this remedy, in case of non - payment, 7 shall be confined to the enforcement of such assessments, and a 8 copy of Section 50 -1705, Idaho Code, shall be plainly written, 9 printed or engraved upon the face of each bond so issued. All 10 assessments which shall be levied against the land in said local 11 improvement district shall become a lien upon lots, tracts or 12 parcels of land against which liens shall take precedence over 13 all other liens and may be enforced and foreclosed in accordance 0 V4 14 with the provisions of Chapter 17, Title 50, of the Idaho Code. 14 1 za % M j 3 J; 15 Whenever there shall be sufficient money in the fund of district over the sufficient for the 00 16 said and above amount payment 17 of interest on all unpaid bonds in said district to pay the prin- 18 cipal of one or more bonds, the Treasurer shall call in and pay 19 such bonds in their numerical order, lowest number first, which 20 call shall be made by publication in the official newspaper of 21 the City of Caldwell, and shall state the bond numbers (giving 22 the serial numbers of the bonds called) which will be paid on the 23 day the next interest on said bonds shall become due, and interest 24 on said bonds shall cease upon said date. 25 Section 6. As soon as this ordinance shall be passed and 26 approved, and be in effect, the Committee on Irrigation together 27 with City Engineer shall determine the amount of the costs and ex- 28 penses of said improvements to be assessed upon the lots and lands 29 included in said district, and shall make out an assessment roll 30 according to law and the provisions of this ordinance, which shall 31 contain among other things, the number of the assessments, the name 32 1 of the owners if known, or if hot known, that the name is unknown, 1 F . c x 0 W x; z as a 0 i� 1 a description of said tract assessed and the total amount of the assessment; and the total cost and expense of said improvement to 3 be so assessed shall be divided into ten equal installments. Said 4 assessment roll shall be certified to the City Council and filed 5 with the City Clerk, and notice of hearing thereon shall be given 6 and hearing thereon had as provided in Chapter 17 of Title 50, 7 Idaho Code, and following the hearing the City Council shall pass a an order approving and confirming said assessment roll as originally 9 filed or as corrected by them, and their decision and order shall to be a final determination of its regularity, validity, and correct - 11 ness of said assessment roll, of each assessment therein contained, 12 and the amount thereof levied upon each lot, piece or parcel of 13 land within the said improvement district subject only to appeal 14 as provided by Chapter 17 of Title 50, Idaho Code, and annually 15 thereafter the Council shall levy a special assessment against the 16 property within said district sufficient to redeem the bonds in 17 said district next maturing, together with interest falling due 18 upon all bonds then outstanding; such assessment shall be made 19 upon the property chargeable for the costs of such improvements, 20 respectively; and the basis upon which the first installment of 21 the assessment is levied shall be retained for the assessment of 22 the succeeding installment. 23 Section 7. Within fifteen days after the assessment roll 24 shall have been confirmed by the Council, the City Engineer shall 25 prepare and file with the City Clerk a map of the improvement dis- 26 trict showing each piece of property separately assessed, according 27 to the description in the assessment roll, and shall number each 28 piece of property shown on said map with the corresponding number 29 of the assessment on said roll. 30 Section 8. That the said Committee on Irrigation, the CitS 31 Engineer and the City Council shall be governed in the preparation, 32 approval and confirmation of such assessment roll by the provision 5. 1 4 13 0 a V a 0 14 Z z:a 15 NJ R1 q 16 o a�U 17 0 18 t� 21 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 effect from and after its passage, approval and publication accord- ing to law. PASSED By the Council this 19th day of May, 1969 APPROVED By the Mayor this 19th day of May, 1969. E. � MTH yor ATTEST: Uf JOHN E G 4;� City Cler 6.