HomeMy WebLinkAboutORD 2211i •
BILL NO. 37
ORDINANCE NO. 2211
AN ORDINANCE CREATING LOCAL IMPROVEMENT DISTRICT NO. _97 -5 -5 OF THE
CITY OF CALDWELL, IDAHO; DESCRIBING THE IMPROVEMENTS TO BE MADE
HEREIN, 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;
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 1. The City of Council of Caldwell, Idaho hereby finds and declares:
a. That Local Improvement District No. 97 -5 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. 97 -5 will be paid;
That the value of the property subject to assessment within Local Improvement District No.
97 -5 (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. 97 -5 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 Z. There is hereby created and established a Local Improvement District within the
City of Caldwell, to be designated "Local Improvement District No. 97 -5" (LID No. 97 -5), the
boundaries of which Local Improvement Districts are as follows:
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A part of the district is situated in the Southeast Quarter of Section 34, Township 4 North, Range 3
West, Boise Meridian, Canyon County, Idaho with the boundaries of this part of the improvement
district to be formed being described as follows:
BEGINNING at a point on the centerline of South Montana Avenue, said point also being
the Southwest comer of the Northwest Quarter of the Northwest Quarter of said Southeast
Quarter, thence
Northerly along said centerline of South Montana Avenue, said centerline also being the
Westerly boundary of said Northwest Quarter of the Northwest Quarter of the Southeast
Quarter to the point of intersection with the Northerly Lot line extended of Lot 7 of Block 1
of T & T Subdivision as recorded in the Office of the Canyon County, Idaho Recorder as
Instrument No. 715674 in Book 13 of Plats at Page 13; thence
Easterly along the Northerly lot lines of Lots 7 & 8 and said lot lines extended to the point
of intersection with the centerline of Colorado Avenue; thence
Southerly along said centerline of Colorado Avenue to the point of intersection with the
centerline of Larch Street; thence
Southwesterly to the Northwest corner of Lot 1, Block 1 of McIilveen Subdivision as
recorded in the Office of the Canyon County, Idaho Recorder as Instrument No. 9520714 in
Book 22 of Plats at Page 36; thence
Southerly along the Westerly boundary of said Lot 1 to the Southwest corner of said Lot 1;
thence
Westerly along a line parallel with said centerline of Larch Street to the point of intersection
with the centerline of South Montana Avenue, said centerline also being the Westerly
boundary of the Southwest Quarter of said Northwest Quarter of the Southwest Quarter of
Section 34; thence
Northerly along said centerline of South Montana Avenue to the POINT OF
BEGINNING.
With the remainder of the district being situated in the Southwest Quarter of Section 15,
Township 4 North, Range 3 West, Boise Meridian, Canyon County, Idaho with the boundaries of
this portion of the improvement district to be formed being described as follows:
BEGINNING at the Southerly corner of Block 68 of Golden Gate Addition, Caldwell,
Canyon County, Idaho, according to the plat filed in Book 3 of Plats, Page 26, record of
said County; thence
Northeasterly along the Southeasterly boundary of said Block 68 to a point 73.12 feet from
the Easterly corner of said Block 68; thence
Northwesterly along a line parallel with and 73.12 feet Southwesterly from the
Northeasterly boundary of said Block 68 a distance of 435.79 feet; thence
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Southwesterly along a line parallel with said Southeasterly boundary line of Block 68 a
distance of 140.00 feet; thence
Northwesterly along a line parallel with said Northeasterly boundary of Block 68 a distance
of 155.60 feet to a point on the Southeasterly right -of -way for Boise Avenue as shown on
said plat; thence
Southwesterly along said Southeasterly right -of -way for Boise Avenue to a point that is
136.00 feet Southwesterly of and perpendicular to said Southwesterly right -of -way for
Madison Avenue; thence
Southeasterly along a line parallel with and 136.00 feet Southwesterly of said
Southwesterly right -of -way for Madison Avenue to the point of intersection with the
Northerly right -of -way for Centennial Way; thence
Easterly to the Southerly comer of said Block 68, said corner being the POINT OF
BEGINNING.
SECTION 3. The improvements to be made within LID No. 97 -5 are as follows:
16,550 SF
Paving and Base
BD LF
12 -inch Drain Pipe
4 EA
Catch Basins
ID EA
Tree Removal
In addition, members of the District shall be allowed to include by their request, additional
quantities of street and drainage improvements along their frontages and to have the costs of
those added improvements levied against the benefited 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 benefited lots and lands
according to a front foot method of assessment 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 $25,000.00 and shall be paid from
a levy of special assessments against the abutting, adjoining, contiguous, adjacent and/or lots and
lands benefited and included in LID No. 97 -5, 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, legal services for preparing the proceedings
and in advising in regard thereto, and 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 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. 97 -5
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 remaining portions of this ordinance.
SECTION 12. 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 20 day of October ,1997.
APPROVED BY THE MAYOR of the City of Caldwell this 20 day of October , 1997.
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