HomeMy WebLinkAboutORD 2007r
BILL NO. 32
ORDINANCE NO. 2007
AN ORDINANCE CREATING LOCAL IMPROVEMENT DISTRICT NO. 93 -4 OF THE
CITY OF CALDWELL, IDAHO; DESCRIBING THE IMPROVEMENTS TO BE MADE
THEREIN; DESCRIBING AND SETTING FORTH THE BOUNDARIES OF SAID
DISTRICT; AUTHORIZING THE ADVERTIZING FOR BIDS FOR CONSTRUCTING
SAID IMPROVEMENTS; 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 -4 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 -4 will
be paid;
(c) That the value of the property subject to assessment
within Local Improvement District No. 93 -4 (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 -4;
and
(d) That the City Council has heard, considered, and passed
upon all protests which were filed in writing in advance
of the hearing, or entered verbally at 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 -4 ( "LID No. 93 -4 11 ), the
boundaries of which Local Improvement District are as follows:
Commencing at the northwest corner of the southeast quarter of
the northwest quarter of the northwest quarter, Sec. 23, T4N, R3W,
B.M. which point is also the intersection of Homedale Avenue and
Jackson Street; thence, east along the centerline of Jackson Street
431.05 feet; thence, south 181 feet; thence, west 105.25 feet to
the centerline of Alaska Street; thence, south along the centerline
of Alaska Street to the intersection of Independence Avenue;
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thence, west along the centerline of Independence, 325.84 feet to
the centerline of Homedale Avenue; thence, north along the
centerline of Homedale Avenue 330.47 feet to the POINT OF
BEGINNING.
SECTION 3. The improvements to be made within L.I.D. No. 93 -4
are as follows:
Five hundred thirty five feet of eight inch sewer main and four
manholes to serve the property between Jackson Street and
Independence from Homedale Avenue to Alaska Avenue.
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
Benefits Derived 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
$35,000.00 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 -4, 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, advertizing, costs of inspection, costs of
collecting assessments, interest on any warrants issued, legal
services for preparing the proceedings and in advising in regard
thereto, and 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 , advertise
for Bid and prepare an Assessment Roll as provided in Idaho Code
Sections 50 -1710 and 50 -1712.
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
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sale of bonds, the City may issue warrants against L.I.D. 93 -4
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 4th
day of October, 1993.
APPROVED BY THE MAYOR of the City of Caldwell this 4th day of
October, 1993.
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