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HomeMy WebLinkAboutORD 21730 0 BILL NO. 45 ORDINANCE NO. 2173 AN ORDINANCE CREATING LOCAL EUPROVEMENT DISTRICT NO. 96 -2 OF THE CITY OF CALDWELL, IDAHO; DESCRIBING THE 04PROVEN ENTS TO BE MADE THEREIN, DESCRIBING AND SETTING FORTH THE BOUNDARIES OF SAID DISTRICT; PROVIDING FOR THE ][ MPROVEMENTS 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 U"ROVKMENT DISTRICT BONDS AND WARRANTS; PROVIDING SEPARABILITY; 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 3. The City of Council of Caldwell, Idaho hereby finds and declares: a. That Local Improvement District No. 96-2 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. 96-2 will be paid; C. That the value of the property subject to assessment within Local Improvement District No. 96-2 (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. 96-2 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. 96-2" (LID No. 96-2), the boundaries of which Local Improvement Districts are as follows: The parcel of land situated in the Southeast Quarter of Section 22 and the Southwest Quarter of Section 23, Township 4 North, Range 3 West, Boise Meridian, Canyon County, Idaho and more particularly described as follows: Commencing at the Section comer common to Sections 22, 23, 26 and 27, said Section comer being on the centerline of Franklin Road and also the REAL POW OF BEGINNING of this description; Thence Westerly along the centerline of Franklin Road and the South boundary of Section 22 to the point of intersection with the centerline of Chicago Avenue; Thence Northwesterly along the centerline of Chicago Avenue to the point of intersection with the Northwest boundary line extended of Lot 11, Block 45 of the Original Townsite plat map of the City of Caldwell, Idaho; Thence Northeasterly along said Northwest boundary line extended to the Northerly comer of said Lot 11; Thence Northwesterly along the Northeast boundary line of Lots 9 and 10 of said Block 45, to a point 10 feet Northwesterly of the Northwest boundary line extended of Lot 15, in said Block 45; Thence Northeasterly along a line 10 feet Northwesterly of and parallel with the Northwest boundary line of said Lot 15, Block 45, to the point of intersection with the centerline of Denver Street; Thence Northwesterly along the centerline of Denver Street to the point of intersection with the centerline of 11t1f Avenue; Thence Northeasterly along the centerline of 11th Avenue to the point of intersection with the centerline of Elgin Street; Thence Southeasterly along the centerline of Elgin Street to the point of intersection with the centerline of 14th Avenue; Thence Northeasterly along the centerline of 14th Avenue extended to the point of intersection with the West boundary of the East Half of the Northeast Quarter of the Southwest Quarter of said Section 22; Thence Northerly along said West boundary of the East Half of the Northeast Quarter of the Southwest Quarter of Section 22 to the point of intersection with the Southwesterly right -of- way line of Interstate I-84. Thence meandering Southeasterly along said Southwesterly right -of -way of Interstate 1-84 to the point of intersection with the East boundary of the Southwest Quarter of the Northwest Quarter of the Southwest Quarter of said Section 23; Thence Southerly along said East boundary of the Southwest Quarter of the Northwest Quarter of the Southwest Quarter of Section 23 to the Southeast comer of the Southwest Quarter of the Northwest Quarter of the Southwest Quarter of said Section 23; Thence Southerly along the East boundary of the Northwest Quarter of the Southwest Quarter of the Southwest Quarter of said Section 23 to the Southeast comer of said Northwest Quarter of the Southwest Quarter of the Southwest Quarter of Section 23; Thence Westerly along the South boundary of the Northwest Quarter of the Southwest Quarter the Southwest Quarter of said Section 23 to the point of intersection with the West boundary of said Section 23; Thence Southerly along the West boundary of said Section 23 to the POINT OF BEGINNING. EXCEPTING TIREFROM THE FOLLOWING: A parcel of land situated in Block 55 as shown on the plat of Foote Addition to Caldwell Canyon County, Idaho; BEGINNING at the North corner of Lot 14, in said Block 55, thence Southeasterly a distance of 25 feet to the East corner of said Lot 14; Thence Southwesterly along the Southeast boundary of said Lot 14, a distance of 30 feet; Thence Northwesterly along a line parallel with the Northeast boundary of said Lot 14, a distance of 10 feet; i ' Thence Southwesterly along a line parallel with the Southeast boundary of said Lot 14, a distance of 50 feet; Thence Southeasterly along a line parallel with the Northeast boundary of said Lot 14, a distance of 10 feet to a point on the Southeasterly boundary of said Lot 14; Thence Southwesterly along said Southeast boundary of Lot 14, a distance of 40 feet to the South corner of said Lot 14; Vence Northwesterly along the Southwest boundary of said Lot 14, a distance of 25 feet to the West comer of said Lot 14; Thence Northeasterly along the Northwest boundary of said Lot 14, a distance of 120 feet to the POINT OF BEGINNING. And also all of Lots 15, 16, 17, 18, 19, 20 and 21, Block 55 of said Foote Addition to Caldwell Canyon County, Idaho. ALSO EXCEPTING T11 REFROM THE FOLLOWING: All of Block 4 as shown on the plat of City Addition to Caldwell, Canyon County, Idaho. SECTION 3. The improvements to be made within LID No. 96 -2, are as follows: nD LF 30 -inch Drain Pipe SF Paving and Base LF 12 -inch Drain Pipe 6 EA 48 -inch and 60 -inch Manholes 8 EA Catch Basins LF Curb and Gutter In addition, members of the District shall be allowed to include by their request, additional quantities of street, drainage and irrigation improvements along their frontages and to have the costs of those added improvements levied against the benefitted lands and lots as long as the total cost of all improvements does not exceed the assessed valuation of such property for ad valorem tax purposes. SECTION 4. The aforementioned improvements shall be made and the costs and expenses thereof shall be assessed against the abutting, adjoining, adjacent and/or benefitted lots and lands according to a combination of the front foot and 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 $300,000.00 and shall be paid from a levy of special assessments against the abutting, adjoining, contiguous, adjacent and/or benefitted lots and lands benefitted and included in LID No. 96 -2, 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, legal services for preparing the proceedings and in advising in regard thereto, and the costs of acquiring land, if necessary. SECTTON S. 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 by Sections 50 -1710 and 50 -1712, Idaho Code. SECTION 10. To provide for the immediate payment of the improvements here in provided for, pending the payment of the installments on assessments here in above provided for, the City shall issue bonds as provided by Sections 50 -1715, 50 -1722 and 50 -1724, Idaho Code. For the purpose of making payments for said sale of bonds, the. City may issue warrants against LID No. 96 -2 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. If any section, paragraph, clause or provision of this ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph, clause or provision shall in no manner affect any remainin portions of this ordinance. SECTION 12. This ordinance shall take effect and be in force upon its passage, approval and publication. PASSED BY TEE CITY COUNCM of the City of Caldwell this Lb._ day of x 199j APPROVED BY TEE MAYOR of the City of Caldwell this .1r, day of r 199J ATTEST: City Clerk