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BILL NO. 40
ORDINANCE NO. 2053
AN ORDINANCE TO CORRECT A LEGAL DESCRIPTION AS PUBLISHED IN BILL
NO. 36, ORDINANCE NO. 2049, PASSED AND APPROVED BY THE MAYOR AND
COUNCIL OF THE CITY OF CALDWELL, IDAHO, THE 19TH OF SEPTEMBER,
1994, WHICH ORDINANCE IS RECITED IN FULL AS FOLLOWS WITH THE
CORRECTED LEGAL DESCRIPTION:
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 11 ), the
boundaries of which Local Improvement District are as follows:
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 1 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 307
ft., thence North 200 ft., thence West 70 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
Avenue and Indiana 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
$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 17th
day of October , 1994.
APPROVED BY THE MAYOR of the City of Caldwell this 17th day
of October , 1994.
ATTEST:
City Clerk