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BILL NO. 2L
ORDINANCE NO. 9cm
AN ORDINANCE CREATING LOCAL IMPROVEMENT DISTRICT NO. 93 -3 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. 93 -3 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. 93 -3
will be paid;
(c) That the value of the property subject to
assessment within Local Improvement District No.
93 -3 (such value being determined by the current
assessed valuation of such property for ad valorem
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. 93 -3;
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. 93 -3 ( "LID No. 93 -3
the boundaries of which Local Improvement District are as follows:
RICE ROAD L.I.D. BOUNDARY
All of Lots 10 through 17, Block 1 and Lots 1 through 8, Block 2 of
the North Hill Subdivision.
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LARCH STREET L.I.D. AREA
All of Lot 7, Block 1 of Green Acres Subdivision No. 1. All of Lot
1, Block 1; Lots 1 and 6, Block 2; Lots 1 and 6, Block 3; Lot 1,
Block 4 of Green Acres Subdivision No. 2 and all of Lot 1, Block 3;
Lots 1, 16, 15, 14 and 13, Block 4; Lots 1, 16, 13 and 12, Block 2;
Lot 1 and the Southerly 75 feet of Lot 7, Block 1 of Fairoaks at
Indiana Subdivision on file in the Canyon County Recorder's Office.
ILLINOIS AVENUE L.I.D. BOUNDARY
Beginning at the Southeast corner of Lot 18, Block 4, Montana
Manor; thence 80.6 feet to the West line of said Lot 18; thence
North along said West line to the South right -of -way of Helena
Drive; thence North, 50 feet to the Southwest corner of Lot 16,
Block 3, Montana Manor; thence North 100 feet to the South line of
Lot 17; thence West to the Southwest corner of Lot 17; thence North
242.26 feet to the Northwest corner of Lot 20; thence Northwesterly
27.6 feet to the Northwesterly corner of Lot 21; thence North 100
feet to the Northerly corner of Lot 21, Block 3, Montana Manor,
thence Easterly across Missoula Way to the Westerly corner of Lot
1, Rojmar Subdivision; thence North 75.5 feet; thence East 65.77
feet; thence Southerly 543.19 feet along the East lot line and the
East lot line extended of Lots 1 through 5 of Rojmar Subdivision to
the centerline of the Caldwell Low Line Canal; thence Southwesterly
along the centerline of the Low Line Canal 132.18 feet to the
Easterly right -of -way of South Illinois Avenue; thence
Southwesterly across South Illinois Avenue to the Southeast corner
Lot 18, Block 4, Montana Manor Subdivision, the POINT OF BEGINNING.
SECTION 3. The improvements to be made within L.I.D.
No. 93 -3 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:
Rice Ave., from Tyler to Uvalde; Illinois Ave., from
Helena to Missoula Way; and Larch St., from Indiana Ave.
to Illinois Ave. Said improvements are to include
excavation, base gravel, curb and gutter, paving and
drainage improvements. Sidewalks are required on the
East side of Illinois and the North side of Larch Street
as a condition the Fairoaks at Indiana Subdivision and
the Rojmar Subdivision Plat improvements.
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.
Sidewalks will be installed on the North side of Larch
Street, for the entire frontage of the Fairoaks at
Indiana Subdivision, and on the East side of Illinois
Ave. for the entire frontage of the Rojmar Subdivision.
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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 $ 200.000,00 and shall be paid from a levy of
special assessments against the abutting, adjoining, contiguous,
and adjacent lots and lands benefited and included in L.I.D. No.
93 -3, 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, cost 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. 93 -3
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
force upon its passage, approval, and publication.
PASSED BY THE CITY COUNCIL of the City of Caldwell this
16th day of August, 1993.
APPROVED BY THE MAYOR of the City of Caldwell this 16th
day of August, 1993.
ATTEST:
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