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HomeMy WebLinkAboutORD 1939• BILL NO. 3 ORDINANCE NO. 1939 s AN ORDINANCE CREATING LOCAL IMPROVEMENT DISTRICT NO. 92 -1 OF THE CITY OF CALDWELL, IDAHO; DESCRIBING AND SETTING FORTH THE BOUNDARIES OF SAID DISTRICT; PROVIDING FOR THE IMPROVEMENTS TO BE MADE THEREIN; APPOINTING AN ENGINEER; AUTHORIZING THE ADVERTISING FOR BIDS FOR SAID WORK; PROVIDING FOR THE ASSESSMENT OF COSTS AND EXPENSES OF SAID IMPROVEMENTS AGAINST THE PROPERTY WITHIN THE DISTRICT BENEFITED THEREBY AND THE METHOD OF ASSESSMENTS; PROVIDING FOR THE ISSUANCE OF LOCAL IMPROVEMENT DISTRICT BONDS AND WARRANTS; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE OF THIS ORDINANCE. BE IT ORDAINED by the Mayor and City Council of the City of Caldwell, Idaho: SECTION 1. The City Council of Caldwell, Idaho, hereby finds and declares: (a) That Local Improvement District No. 92 -1 will be in the best interests of the property affected and of the City; (b) That there is a reasonable probability that the obligations of Local Improvement District No. 92 -1 will be paid; (c) That the value of the property subject to assessment within Local Improvement District No. 92 -1 (such value being determined by the current assessed valuation of such property for ad valoren tax purposes, as shown by the records of the Assessor of Canyon County) exceeds the sum of the estimated costs to be assessed against the property included in Local Improvement District No. 92 -1; and (d) That the City Council has heard, considered, and passed upon all protests which were filed in writing in advance of the hearing, as more fully set forth in the proceedings of said hearing. SECTION 2. There is hereby created and established a Local Improvement District within the City of Caldwell, to be designated "Local Improvement District No. 92 -1 ( "LID No. 92 -1 "), the boundaries of which Local Improvement District are as follows: Marshall and Ash Street Area L.I.D. Boundary A part of the South Half of the Southwest Quarter of Section 28, Township 4 North, Range 3 West of the Boise Meridian; more particularly described as follows: BEGINNING at the intersection of Ash Street and Marshall Avenue, the Southwest 1/16 corner of said Section 28; Thence, North 89 0 53 1 31" West, a distance of 635.65 feet. Thence, leaving the center line of Ash Street, South 0° 25'00" East, along the West boundary of Lot 5 and 6 of Mitchell's acreage which is also the Easterly R/W line of Dorman Avenue, a distance of 664.77 feet to the southwest corner of Lot 6 of Mitchell's acreage; Thence, South 89 0 55'32" East, along the South boundary of Lot 6 and Lot 6 extended, a distance of 635.44 feet to the center line of Marshall Avenue; Thence North 0° 23'53" West, along the center line of Marshall Avenue, 661.39 feet to the POINT OF BEGINNING. FILLMORE STREET L.I.D. BOUNDARY COMMENCING at the center line of Third Avenue and Fillmore Street, said point being the true point of beginning; Thence Northeasterly along the center line of Third Avenue 168.00 feet to the center line of the alley of Block 123 Strahorn Addition; thence Southeasterly along the center line of said alley 380.00 feet to the center line of Fourth Avenue; Thence Southwesterly along the center line of Fourth Avenue 336.00 feet to the center line of the alley of Block 131 Strahorn Addition; thence Northwesterly along the center line of said Block 131, 380.00 feet to center line of Third Avenue; thence Northeasterly along the center line of Third Avenue 168.00 feet to the POINT OF BEGINNING. SECTION 3. The improvements to be made within L.I.D. No. 92 -1 are as follows: It is the intention of the Mayor and City Council of the City of Caldwell to construct street improvements in the following streets in said City: The West one -half of Marshall Avenue from Ash Street to 661.39 feet South; Cedar Park Court from Marshall Avenue 600 feet West; Ash Park Court from Marshall Avenue 600 feet West; the South half of Ash Street from Marshall Avenue 650 feet West and Fillmore Street from Third Avenue to Fourth Avenue. That the general character of the improvements shall be as follows: The improvements to be constructed on the streets are concrete curb and gutter, gravel base, asphalt surfacing adjacent to all properties and the necessary widening and drainage to complete the streets. A storm sewer, 550 feet in length will be constructed on Ash Street for drainage in the Marshall Avenue area. Sidewalks will be included on Ash Street, Cedar View Court, Ash Park Court, and the West side of Marshall Avenue along blocks 5 and 6 of Mitchell's - 2 - acreage. Sidewalks on the remaining property in the L.I.D. will be constructed upon request by the property owners. The improvements will also include engineering, legal and administrative expenses. SECTION 4. The aforementioned improvements shall be made and the costs and expenses thereof shall be assessed against the abutting, adjoining, and adjacent lots and lands according to the front -foot method of assessment, all as provided by Section 50- 1707, Idaho Code. SECTION 5. Said improvements are further and additional improvements. SECTION 6. The total estimated cost of said improvements is $ 236,251.00 and shall be paid from a levy of special assessments against the abutting, adjoining, contiguous, and adjacent 1 tos and lands benefited and included in L.I.D. No. 92 -1, each lot and parcel of land being separately assessed for the cost thereof on the basis set forth in Section 4 of this Ordinance. Said assessments may be paid in ten equal annual installments of principal and interest as nearly as practicable, if not otherwise paid as provided by law. SECTION 7. Costs and expenses assessed as herein provided shall include the contract price of the improvements, engineering and clerical services, advertising, costs of inspection, costs of collecting assessments, interest on any warrants issued, for legal services for preparing the proceedings and in advising in regard thereto, and for the costs of acquiring land, if necessary. SECTION 8. The City Council hereby finds that such apportionment is equitable and is based upon the special benefits each parcel will receive from the project. SECTION 9. The City Engineer is hereby appointed as Engineer for the project and shall prepare the necessary plans and specifications for the construction of the improvements. SECTION 10. To provide for the immediate payment of the improvements herein provided for, pending the payment of the installments on assessments hereinabove provided for, the City shall issue bonds as provided in Idaho Code, Sections 50 -1715, 50 -1722, and 50 -1724. For the purpose of making payments for said improvements as the same are installed, prior to the issuance or sale of bonds, the City may issue warrants against L.I.D. 92 -1 assessments payable to the contractor or other persons upon the estimate of the Engineer, bearing interest at not in excess of allowable limitations as determined by the City, which warrants, together with interest thereon to the date of the issuance of the bonds, if issued, shall be redeemed and retired by the proceeds of assessments paid in full and proceeds of the sale of said bonds. SECTION 11. This ordinance shall take effect and be in - 3 - force upon its passage, approval, and publication. PASSED BY THE CITY COUNCIL of the City of Caldwell this 18th day of February, 1992. APPROVED BY THE MAYOR of the City of Caldwell this 18th day of February, 1992. ATTEST: City Cler - 4 -