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HomeMy WebLinkAboutORD 1290fr ,: r . RILL NO. -3 ORDINANCE NO. i290 BY COUNCILMAN ' aliks AN ORDINANCE CONFIRMING THE CREATION,AND ESTABLISHMENT OF LOCAL IMPROVEMENT DISTRICT NO. 69 THE CITY OF CALDWELL, IDAHO; CONFIRM- ING AND APPROVING THE ASSESSMENT ROLL FOR SAID DISTRICT AS FILED IN THE OFFICE OF THE CITY CLERK ON THE 18th DAY OF DECEMBER, 1972, AND ' ACCEPTED' APPROVED AND CONFIRMED B Y THE COUNCIL 'ON THE 15th DAY `OF INSTALLMENTS OF THE JANUARY, 1973; PROVIDING FOR THE PAYMENT IN COSTS AND EXPENSES OF THE IMPROVEMENTS MADE OR TO BE MADE IN SAID DISTRICT; ASSESSING THE COSTS AND EXPENSES OF SAID IMPROVEMENTS UPON OR ACROSS THE ABUTTING, ADJOINING, CONTIGUOUS AND ADJACENT LOTS, BLOCKS AND LANDS AND PARCELS, LAND, UPON THE LOTS, BLOCKS, LANDS AND PARCELS OF LAND BENEFITED AND INCLUDED IN SAID IMPROVE - MENT DISTRICT, AND; PRESCRIBING THE KANNER FOR THE COLLECTION AND PAYMENT OF SAID ASSESSMENT- PROVIDING FOR THE ISSUANCE OF INSTALL M ENT BONDS OF SAID DISTRICT; `-.PRESCRIBING =THE FORM, MATURITIES, MAXIMUM INTEREST RATE, AND ALL OTHER LOCAL LEGAL REQUIREMENTS RELATIVE TO THE ISSUANCE OF SAID BONDS. WHEREAS, The Mayor and Council of the City o f Caldwell, in the County of Canyon, State of Idaho, pursuant to and in full compli. ante with all legal, requisite and preliminary proceedings, and pursuant to Ordinance No. 12S8, passed by the Council and approved by the Mayor on the Ist day cf M ay, 1972, have heretofore 'c reared and established Local improvement District No 69 for the City of Caldwell, Idaho, for the purpose of constructing street improvements therein, consisting of curbs, gutters, street and alley valleys along and upon sand streets in said district and providing for the surfacing, grading, and oili=ng of, the streets and avenues therein; and WHEREAS Said improvements are 'to be made and completed in said district, pursivant to said proceed ngs; and WHEREAS, The Co' tt on Streets, together with the City Engineer of the City of Caldwell, hies heretofore, according to the provisions of. Ordinance No. 125.8, and i� aa�'1 respects according to law and the ordinances of said City, made' out. and duly certified by the City Council of the City of Ca14Well; assessment rolx of, in and for said Local Improve�eAt No. 69, fixing the total costs of the improvements to be paid y the'owners of property in said district at the sum of. SEVENT r¢ONE THOUSAND SIC HUNDRED THREE AND 33/100 DOLLARS ($71,603.33), and assessing said amount .against the abutting, adjoining, contiguous and adjacent lots, blocks, lands and parcels of land.benefited and included in said improve -. went district and in proportion to the benefits accruing to said property by reason of the improvements for said assessment was, and is, in all respects duly and lawfully made, and which said assessment roll was heretofore on the 16th day of December, 1971, duly certified to the City Council of the City of Caldwell, and filed with the City Clerk of said City; and WHEREAS, The time for filing objections and protests hav- ing expired and said matter having cone on for hearing and considera- tion at the appointed time and place; and WHEREAS, At said time acrd place for hearing of objections to said assessment roil and the same having been fu?g and duly ,con - sidered by said Mayor and City Council of said City, and said assessment roll at said hearing, together with all the proceedings in making such assessment, having been, by said Mayor and said City Council found regular, valid, coarrect, equitable, fair, just, proper` and in all respects legal and according „to .the laws of the State of Idaho and the ordinances of the City of Caldwelll, said Mayor and Council approved and .confirmed said assessments- and said assess- ment roll as more fully appears by order of said City Council in said proceedings; and WHEREAS, Notice of time;, place and manner of making cash payments was duly given by the Treasurer of the City of Caldwell according to law, to the property owners to be assessed within said district, stating the time for payment to begin, to wit: The 23rd day of January, 1973, and the time for payment to close, to wit: The 27th day of February, 1973, the last publication of said notice,, to wit: ` The 27th day of January, 1973, was not less than thirty days before the issuance of said bonds authorized or to be authorized to be issued; which said notice advised said property owners that the owner of any property assessed within the said district 'might pay his assessment in full within the time provided, or before the issuance of said bonds of said district, and redeem his property from such liability; that in response to said notice, payments were made in the sum of POUR THOUSAND SEVEN HUNDRED SIXTY -FIVE AND 01/100 DOLLARS ($4,765.01); and WHEREAS, In the discretion and opinion of the City Council of the City of Caldwell, the unpaid balance of costs and expenses of the improvements made or to be made in said Local Improvement District No. 69, which, is existing and chargeable to the abutting, adjoining, contiguous and adjacent lots, blocks, lands and parcels of land as set forth in said assessment roll, should be provided for and paid in installments instead of levying and collecting the entire tax or special assessments therefor, at one time; and WHEREAS, The City Council of the City of Zasldwell, desires to issue in the name of said municipality, improvement bonds of said Local Improvement District No. K' for the City of Caldwresll" Idaho, to bear the date, the 1st day of March, 1973, payable at nearly as may be in tan annual Installments of "approximately equal amounts, each of said bonds maturing annually in the respective, years from 1974 to 1983, inclusive; and the City Council `of said City consider it advisable to issue said bonds in denominations of `FIVE HUNDRED AND N0 1100 DOLLARS ($500.00), said bonds to be in the sum of SIB' -SIX THOUSAND EIGHT HUNDRED 'nIIRTY -EIGHT AND 32/100 DOLL +'h^ fAl 7 nwi n n fnvm+ CITY OF CALDWELL ACAL IMPROVEMENT DISTRICT NO. 6,T FOR THE CITY OF CALDWELL, IDAHO IMPROVEMENT BOND �. , are hereby declared to be a lien in the several amounts assessed against each lot or tract of land hereinbefore specified from and after the date of confirmation of'sai assessment rail and shall have priority over all other liens except general taxes.` Section 8. The first pa"ent of installments cif assess® ments shall be due and payable at the expiration of''four months from the date of the bonds herein authorized and subsequent installments at the expiration of each year hereafter; provided, that if any Installment is not paid within twenty (20) days from tho date, said installment shall become due and the some shall become delinquent and the City Treasurer shall add a penalty of two percent (2#) thereto. to the amount shown on said installment docket a penalty of two percent (21) thereon. the date of the issuance of said bonds next thereafter maturing shall be included in such levies. Such assessments shall be made