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HomeMy WebLinkAboutORD 2140N� 0 0 BILL NO. 12 ORDINANCE NO. 21 AN ORDINANCE CREATING LOCAL IMPROVEMENT DISTRICT NO. 96-3 OF THE CITY OF CALOWELL, IDAHO; DESCRIBING THE IMPROVEMENTS TO BE MADE THEREIN, DESCRIBING AND BETTING FORTH THE BOUNDARIES OF SAID DISTRICT; PROVIDING FOR THE IMPROVEMENTS TO BE MADE THEREIN; APPOINTING AN ENGINEER; AUTHORISING 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 the City of Caldwell, Idaho hereby finds and declares: a. That Local Improvement District No. 96 -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. 96 -3 will be paid; C. That the value of the property subject to assessment within Local Improvement District No. 96 -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. 96 -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. s - SECTION 2. There is hereby created and established a Local Improvement District within the City of Caldwell, to be designated "Local Improvement District No. 96 -3 ( "LID No. 96 - 3 11 ), the boundaries of which Local Improvement District are as follows: Beginning at the center of Section 33, Township 4 North, Range 3 West of the Boise, Meridian; thence East along the North boundary of the Southeast quarter of Section 33, Township 4 North, Range 3 West of the Boise Meridian, 660 feet; thence South and perpendicular to said North boundary, 660 feet; thence West and parallel with said North boundary, 330 feet; thence North and perpendicular with said North boundary, 660 feet; thence West along said North boundary, 140 feet; South and perpendicular with said North boundary, 120 feet; thence West and parallel with said North boundary, 50 feet; thence North and perpendicular with said North boundary, 90 feet; to a point which is 30 feet South of said North boundary, to the South right -of -way line of Linden Street, thence West and parallel with said North boundary, 140 feet to the West boundary of the Southeast quarter of said Section 33; thence South along the centerline of Airport Avenue, which is also the common boundary line of the Southeast quarter of Section 33 and Southwest quarter of Section 33, 145 feet; thence West and parallel with the North boundary of the Southwest quarter of Section 33, 225 feet; thence South and perpendicular with said North boundary, 100 feet; thence East and parallel with said North boundary, 50 feet; thence South and perpendicular with said North line, 135 feet; thence West and parallel with said North boundary, 175 feet to the centerline of Meadow Avenue; thence North along the centerline of Meadow Avenue, 72 feet more or less; thence West and parallel with said North boundary, 262.73 feet, more or less; thence North 65 feet more or less; thence East 67.73 feet more or less; thence North 128 feet more or less, thence East 88 feet more or less; thence North 160 feet more or less, to the North boundary of the South half of Section 33; thence East along the said North boundary 455 feeet to the POINT OF BEGINNING. SECTION 3. The improvements to be made within L.I.D. No. 96 -3 are as follows: Fifteen hundred twenty five feet (1525) of eight inch sewer main, five ( 5) manholes and fourteen (14 ) 4 11 services to the right -of -way line to serve the properties on Linden Street between Sunset Avenue and the Meadow Avenue and the North 400 feet of Meadow 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. .f SECTION 6. The total estimated cost of said improvements is $ 110,000 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. 96 -3, each lot and parcel of land being separably 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. 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 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 sale of bonds, the City may issue warrants against L.I.D. 96 -3 assessments, payable to the contractor or other persons upon the estimate of the Engineer, bearing interest at not in excess of 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 1st day of April, 1996. _APPROVED BY THE XAYOR of the City of Caldwell this 1st day of April, 1996. Mayor ATTEST: City Clerk