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HomeMy WebLinkAboutORD 1308BILL NO. 21 ORDINANCE NO. 1308 BY COUNCILMAN DAKAN AN ORDINANCE CREATING AND ESTABLISHING A LOCAL IMPROVEMENT DISTRICT TO BE CALLED AND KNOWN AS LOCAL IMPROVEMENT DISTRICT NO. 68 FOR THE CITY OF CALDWELL, IDAHO;" DESIGNATING THE BOUNDARIES OF SAID IMPROVEMENT DISTRICT; PROVIDING FOR CONSTRUCTION OF SEWERS, DRAINS, CONDUITS AND CHANNELS FOR SANITARY AND DRAINAGE PURPOSES, EITHER OR BOTH THEREOF, WITH OUTLETS, MANHOLES, AND ALL OTHER SEWER APPURTENANCES NECESSARY FOR THE COMFORT, CONVENIENCE, HEALTH AND WELL -BEING OF THE MUNICIPALITY THEREIN; PROVIDING THAT THE COST AND EXPENSE OF SAID IMPROVEMENTS SHALL BE TAXED AND ASSESSED UPON ALL THE PROPERTY IN SAID IMPROVEMENT DISTRICT AGAINST THE ABUTTING, ADJOINING, CONTIGUOUS AND ADJACENT LANDS ALONG AND UPON WHICH SAID IMPROVEMENTS ARE TO BE MADE.AND UPON THE LOTS AND LANDS BENEFITED BY SUCH IMPROVEMENTS AND INCLUDED IN SAID IMPROVEMENT DISTRICT; PROVIDING THE METHOD OF 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 IMPROVEMENTS AND THE DOING OF THE WORK'AND LABOR FOR THE CONSTRUC- TION OF THE SAME; REPEALING ALL ORDINANCES, RESOLUTIONS, OR ORDERS OR PARTS THEREOF, IN CONFLICT HEREWITH. BE IT ORDAINED By the Mayor and Council of the City of Caldwell, Idaho: Section 1. That there shall be and hereby is created and established a local improvement district in the City of Caldwell, County of Canyon, State of Idaho, to be called "Local Improvement District No. 68 for the City of Caldwell, Idaho," and that said improvement district shall consist of and include all of the lots and lands abutting, adjoining, contiguous and adjacent to the improvements with the following described boundaries: SEE EXHIBIT "A" ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF. Section Z. That there shall be constructed in said Local Improvement District No. 68 for the City of Caldwell, Idaho, the following described improvements, to wit: a sewer system, drainage and disposal work consisting generally of drains and conduits and channels for sanitary and drainage pur- poses, or either or both `thereof, with outlets, manholes, and all other sewer appurtenances necessary for the comfort, conven- ience, health and well- being of the municipality, said lots and lands abutting, adjoining, contiguous and adjacent to the improve- ments being within the boundaries set forth in Section 1. Section 3. That said improvements shall be constructed within said district in accordance with the plans and specifica- tions thereof on file in the office of the City Engineer of the City of Caldwell, Idaho; that materials used in said sewer system and drainage and disposal works shall be Portland cement, concrete, sand, gravel, sewer and drainage pipe and such excavation as may be necessary to make a complete sewer system and disposal works. Section 4. That the full cost and expense of making the improvements described in Section 2 of this ordinance shall be taxed and assessed upon all lots and lands included in said Local Improvement No. 68 as described and specified in Section 1 of this ordinance; that the costs and expenses of such improve- ments shall be assessed on the abutting, adjoining, contiguous and adjacent lots and lands to such improvements and included in the improvement district formed, as hereinbefore described in section 1, each parcel of land being separately assessed for the debt thereof in proportion to the number of square feet of such lots and lands abutting, adjoining, contiguous and adjacent and included in said improvement district to the distance back from the street, if platted in blocks to the center of the block, if platted in lots, to the center of the lots, and if not platted, to the distance of 125 feet and in proportion to the benefit derived to such property by said improvement. Section 5. That the cost and expense of making this aforesaid improvements as assessed against the property as set forth in Section 1 of this ordinance, shall be payable in ten 6 equal annual installments, which said installments shall bear interest not exceeding the rate of seven per cent per annum, payable annually until paid. 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 per cent 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 at 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 per cent 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 improvements, including engineering and clerical services, advertising, costs of inspection, costs of collecting assessments and interest upon warrants, and all legal services for preparing the proceedings and advising in regard thereto; said bonds shall be numbered consecutively from one up and shall be in the denomination of $540.00 except bond number one, which may be for an odd amount not less than $100.00 as may be necessary and proper. Coupons shall be attached to said bonds for each annual or semi - annual installment 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 i 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 for said district, created for the payment of the costs and expenses of such improvement, 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 Improvement District No. 68 Fund," which is hereby created for the payment 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 immediately 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 from 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 such assessments, and a copy of Section 50 -1705 Idaho Code, shall I 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 or parcels of land against which liens shall take precedence over all other liens and may be enforced and fore- closed 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 principal 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 news- paper 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 Sewers together with the 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 said district, and shall make out an assessment roll according to law and the provisions of this ordinance, which shall contain among other things, the number of the assessments, the name of the owners if known, or if not known, that the same 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 assess- ment 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 s a 0 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 install- ment. 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 improvement district showing each piece of property separately assessed, according to the description of the assessment roll, and shall number each piece of property shown on said map with the corresponding number of the assessment on said roll. Section 8. That .said Committee on Sewers, 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 Idaho Code, and by the provisions of this ordinance. Section 9. All ordinances, resolutions, orders and 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 1st day of October, 1973. APPROVED By the Mayor this 1st day of October, 1973. ATTEST: Mayor r City Cler (' 2�. 3 1 1)R.JC1 1PTI0 1:' P()! 1,. I.l). � '3 Lots 1, 2, 3, 4, 6, 7, 8, 9, 10, 11., 1 ?, 13, 17, and l'� of Flock 2 of Mira Loma Manor 'ubdivis on e t:o t.}ie Cite o' Caldorrll yap.' o. Lot 15 of :',loci! 1 of Terrace Jldd l ti nn No. ? to the City of C 1(1oc011 , Idaho. Lots 1 thrr,ugh 17, hoth inclusive of Rlock 1 of North }Till 1IL- division to t,pie City of rirlwcll, Tdah(— Lots 1 through 7, both inclusive of Block ? of North 1 Sub- division to the City of Calriviell, Tdaho. A part of Section 15, Township I. North, Rangc 3 West of the ?oise s Meridian, more particularly described ns follows: Re)-inninr, at a point which is feet ':Jest of the Northeast corner of the South- east Quarter of the ?tort ?:west Quarter of said Section 15; thence West 106.0; feet; thence :,ouch 112.00 feet; thence Bast 1061.00 feet; thence North 112.0C feet to the Point o!' Beginning. A part of Section 15, Township 4 'lorth, Raf 3 f ne West o the Boise Meridian, more particularly described follows: Beginning 1170 feet South of the Northeast corner of the Northwest Quarter of said Section 15; thence South 150.00 feet to the Southwest corner of t}ae said Northwest Quarter; thence West 135.00 fee`;; thence North 150.00 feet; thence Fast 135.00 feet to the Point T of Beginnir -r. Lots 3, 6, 7, 10, 11, 13, 14, 1.5, 16, 17, and 18 of Block 1 and Lots 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, and 1( of Block 2 of Townhouse Addition to the City of Caldwell, Idaho. Lots 1 through 8, both inclusive of Block 1 and Lots 1 throuf;h 6, both'inclus'_ve of `flock 2 of Collins Subdivision to the City of Caldwell, Idaho. Beginning at the Southeast corner of Tract 17 of Mountain View Subdivision No. 2 to the City of Caldwell, Idaho; thence West to the Southwest corner of said Tract 17; thence North to a point in the West line of said Tract 17 which is 150.00 feet North of the Southwest corner of said Tract 17; thence East and parallel with the South line of said Tract 17, 236.43 feet; thence North, 120.19 feet; thence Northeasterly to a point which is 30.00 feet North of the Southeast corner of Tract 16 of said Mountain View Subdivision No. 2; thence North along the East line of said Tract 16 135 .3 1 feet; thence West, 124.00 feet; thence North, 82.00 feet; thence East 124.00 feet, to a point in the West line of Washington Avenue; thence Northeasterly to a point in the East line of Washington Avenue which is 400.00 feet South of the center line of Ash Street; thence East and parallel with the center line of Ash Street, 135.35 feet; thence South and parallel with the center line of Washington Avenue, 87.00 feet; thence West and parallel to the center line of Ash Street, 135.35 feet to the East line of Washington Avenue; thence South along the Fast line of Washington Avenue, 86.00 feet; thence East and parallel to the center line of Ash .Street, 135.35 feet; thence South and parallel with the center line of Washington Avenue, 87.76 feet; thence West and parallel with the center line of Ash Street, 135.35 feet to the East line of Washington Avenue; thence Southwesterly to the Point of Beginning. t