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HomeMy WebLinkAboutORD 1297BILL 10 ORDINANCE NO. 1297 BY COUNCILMAN &Clwkey AN ORDINANCE CREATING AND ESTABLISHING A LOCAL STREET IMPROVEMENT DISTRICT T0. BE CALLED AND KNOWN AS "LOCAL IMPROVEMENT DISTRICT NO. 70 FOR THE CITY OF CALDWELL, IDAHO;" DESIGNATING THE STREETS AND AVENUES AND POINTS BETWEEN WHICH SAID IMPROVEMENT IS TO BE MADE; AND PROVIDING FOR THE CONSTRUCTION OF CURBS, GUTTERS AND STREET AND ALLEY VALLEYS IN SAID DISTRICT; AND PROVIDING FOR THE ROADWAY BASE AND FOR SURFACING, GRADING AND OILING OF THE STREETS AND AVENUES THEREIN; PROVIDING THAT THE COST AND EXPENSE OF THE SAID IMPROVEMENT SHALL BE TAXED AND ASSESSED UPON ALL OF THE PROPERTY WITHIN THE SAID IMPROVEMENT DISTRICT ABUTTING, ADJOINING, CONTIGUOUS AND ADJACENT TO THE PORTION OF SAID STREETS AND AVENUES SO IMPROVED; PRESCRIBING THE METHOD OF SUCH 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 IMPROVEMENT AND OF DOING THE WORK AND LABOR FOR CONSTRUCTION OF THE SAME; REPEALING ALL ORDINANCES, RESOLUTIONS, OR ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH AND DECLARING AN EMERGENCY. BE IT ORDAINED By the Mayor and Council of the City of Caldwell, Idaho: Section 1. That there be and hereby is created a local street improvement district in the City of Caldwell, County of Canyon, State of Idaho, to be called and known as "Local Improve- ment District No. 70 for the City of Caldwell, Idaho," and that said improvement district shall consist of and include all the property abutting, adjoining, contiguous and adjacent to the following named streets and avenues of the City of Caldwell, Idaho, between the points hereinafter named to a distance back from such streets and avenues, if platted in blocks to the center of the block, if platted in lots to the center of the lot, and if not platted, a distance of one hundred twenty -five feet, said streets and avenues are as follows, to wit: '10 Section 2. That there shall be constructed in said Local Improvement District No. 70, the following described improve- ments, 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 and gutters or street or alley valleys are now in place; (2) Roadway base and 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 asphalt. 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. 70, as described in Section 1 of this ordinance and said cost and expense 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. 70, and in proportion to the benefits derived by said improve- ment; provided, that each lot shall be assessed only its pro- portionate 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 injunction on two or more streets and avenues, or where two streets and avenues terminate or cross another street or avenue. Provided further, that if any such improvement is made on one side of the center line of said streets or avenues, and lots of land or portions thereof, fronting on that side only shall be assessed to cover the costs and expenses of said improvements. Section 5. That the cost and expense of making the aforesaid improvement, including intersections, which is charge- able and will be assessed to the abutting, adjoining, contiguous, adjacent or approximate property, as set forth in Section 3 of this ordinance, shall be payable in ten equal installments which said installments shall bear interest not exceeding the rate of seven percent per annum, payable annually. Such assessments shall be known as special assessments for improvements. For the purpose of meeting the expenses of said improve- ments during the course of construction, warrants shall be issued against the funds of said district, payable to the contractor or other proper person, upon the estimates of the City Engineer, which warrants shall bear interest at the rate not to exceed seven percent per annum, from the date of registration thereof until redeemed and which warrants shall be redeemed and retired from the proceeds of sale of bonds of such district, which bonds shall be issued in the name of the municipality, and shall be payable by their terms as nearly as may be in equal annual amounts, the first installment of 'which to mature within one year from date and the last installment of which to mature within ten years from date and shall bear interest at the rate not exceeding seven percent per annum, payable either annually or semi - annually, as may be determined by the City Council. Such bonds shall not be issued in excess of the contract price and expense of such improve- ments, including engineering and clerical services, advertising, costs of inspection, costs of collecting assessments and interest .I 0 0 such assessments, and a copy of Section 50- 1705, Idaho Code, shall be plainly written, printed or engraved upon the face of each bond so issued. All assessments which shall be levied against the land in said local improvement district shall become a lien upon lots, tracts o.r 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 of interest on all unpaid bonds in said district to pay the prin- cipal 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 approved, and be in effect, the Committee on Streets together with City Engineer shall determine the amount of the costs and expenses of said improvements to be assessed upon the abutting, adjoining, contiguous and adjacent lots and lands included in i said district, and shall make out an assessment roll according to law and the provisions of this ordinance, which shall contain a among other 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; 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 17 of Title 50, Idaho Code, and following the hearing the City Council shall pass an order approving and confirming 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 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 outstand- ing; 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 confirmed by the Council, the City Engineer shall prepare and file with the City Clerk a map of the improve- ment district 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 corres- ponding number of the assessment on said roll. Section 8. That said Committee on Streets, the City Engineer and the City Council shall be governed in the prepara- tion, approval and confirmation of such assessment roll by the provision of Chapter 17, Title 50 of the Idah provisions of this ordinance. upon warrants, and all legal services for preparing the proceed- ings and advising in regard thereto; said bonds shall be numbered consecutively from one up and shall be of such denomination as the City Council may determine not exceeding $500.00, provided, however, that Bond No. 1 may be of a denomination other than a multiple of $100.00 as may be necessary and proper. Coupons shall be attached to said bonds for each annual or semi- annual install- ment of interest; each bond and coupon shall be signed by the Mayor and countersigned by the City Treasurer and attested 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 thereon shall be payable out of the local improvement fund of such district, created for the payment of the costs and expenses of such improve- ment, and not otherwise. There is hereby created in the City Treasury of the City of Caldwell, Idaho, a special fund to be known as "Local Improve- ment District No. 70 Fund," which is hereby created for the pay- ment of the costs and expenses of such improvement; and all assessments which shall be levied for the payment of the costs and expenses of the said improvement shall as collected be immedi- ately 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 claim therefor, against the City except for the collection of the special assessments made for the improvement for which said bonds were issued; this remedy, in case of non - payment, shall be confined to the enforcement of Section 9. All ordinances, resolutions, orders or parts thereof, in conflict herewith are hereby repealed, rescind- ed and annulled. Section 10. This ordinance shall be in full force and effect from and after its passage, approval and publication according to law. PASSED By the Council this 21st day of May, 1973. APPROVED By the Mayor this 21st day of May, 1973. M ayor ATTEST: Ci� Clerk