HomeMy WebLinkAboutORD 2049b N
BILL NO. 36
ORDINANCE NO. 2049
AN ORDINANCE CREATING LOCAL IMPROVEMENT DISTRICT NO. 94 -3 OF
THE CITY OF CALDWELL, IDAHO; DESCRIBING THE IMPROVEMENTS TO BE
MADE THEREIN, 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. 94 -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. 94 -3
will be paid;
(c) That the value of the property subject to
assessment within Local Improvement District No.
94 -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. 94 -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. 94 -3 ( "LID No. 94 -3
the boundaries of which Local Improvement District are as follows:
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Beginning at the Northwest corner of Section 35, in Township
4 North, Range 3 West of the Boise Meridian; run thence South along
the West line of the said section a distance of 1321.25 feet to the
center line of Cherry St.; thence East along the center line of
Cherry St. 30 ft., thence North parallel to the said section line
a distance of 25 ft. to the Real Point of Beginning, which point of
beginning is further described as the S.W. corner of tract "N" of
Mountain View Subdivision of Caldwell, Idaho; thence run North 75
ft., thence East 150 ft., thence North 75 ft., thence East 482 ft.,
thence South 150 ft., thence East 205.9 ft., thence North 1 0 50 1 02"
East 259.1 ft., thence South 30 0 23,58" East 300.3 ft., thence East
264.85 ft., thence South 190.2 ft., thence West 315 ft., thence
South 0.4 ft., thence West 316 ft., thence South 164.4 ft., thence
West 255 ft., thence North 155 ft., thence West 377 ft., thence
North 200 ft., to the point of beginning.
SECTION 3. The improvements to be made within L.I.D.
No. 94 -3 are as follows:
Twelve hundred twenty five feet (1225) of eight inch sewer main,
six manholes and twenty three (23) 4 services to the right -of -way
line to serve the properties on Cherry Street between Georgia Ave.
and Indiana Ave.
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 $ 65,000.00 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.
94 -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, 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
sale of bonds, the City may issue warrants against L.I.D. 94 -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
19th day of September, 1994.
APPROVED BY THE MAYOR of the City of Caldwell this 19th
day of September, 1994.
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ATTEST:
City Clerk