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Home My WebLink AboutORD 2248r 0 0 BILL NO. 21 ORDINANCE NO. 2248 AN ORDINANCE CREATING LOCAL IMPROVEMENT DISTRICT NO. 98-4 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 Council of Caldwell, Idaho hereby finds and declares: a. That Local Improvement District No. 98 -4 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. 98 -4 will be paid; C. That the value of the property subject to assessment within Local Improvement District No. 98 -4 (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. 98-4 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. 98 -4" (LID No. 98 -4), the boundaries of which Local Improvement Districts are as follows: 0 0 A part of the district is situated in the Northwest Quarter of the Northeast Quarter and the Northeast Quarter of the Northwest Quarter of Section 33, 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: COMMENCING at the Northeast corner of the Northeast Quarter of the Northwest Quarter, also being the REAL POINT OF BEGINNING; Thence N89 0 25'47 "W a distance of 125.00 feet; Thence SO ° 36'28 "W a distance of 175.00 feet; Thence N89 0 25'47 "W a distance of 100.00 feet; Thence S0 0 36'28 "W a distance of 100.00 feet; Thence S89 ° 25'47 "E a distance of 50.00 feet; Thence S0 0 36'28 "W a distance of 135.00 feet; Thence S89 ° 25'47 "E a distance of 12.50 feet; Thence SO "W a distance of 325.00 feet; Thence N89 "W a distance of 162.50 feet; Thence S0 0 36'28 "W a distance of 140.00 feet; Thence S50 ° 00'00 "E a distance of 390.00 feet; Thence SO ° 36'28 "W a distance of 83.00 feet; Thence S89 0 25'47 "E a distance of 389.00 feet; Thence S0 6'28"W a distance of 112.00 feet; Thence S89 "E a distance of 271.00 feet; Thence N0 ° 36'28 "E a distance of 660.00 feet; Thence N89 "W a distance of 470.00 feet; Thence NO "E a distance of 540.00 feet; Thence N89 ° 25'47 "W a distance of 50.00 feet; Thence N0 0 36'28 "E a distance of 120.00 feet; Thence N89 ° 25'47 "W a distance of 140.00 feet to the POINT OF BEGINNING. With the remainder of the district being situated in the Northeast Quarter of Section 28, 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: Lots 1 and 2, Block 2, and Lots 3 and 4, Block 3 of Parkside Addition, Caldwell, Canyon County, Idaho, according to the plat filed in record of said County. Lot I and East 40' of Lot 2, Block 9, and Lots 1 and 2, less the Westerly 20' of Lot 2, Block 8 of Third Parkside Addition, Caldwell, Canyon County, Idaho, according to the plat filed with instrument number 426011 in record of said County. Lots 1 and 2, Block 2, and Lots l and 2, Block 4 of Third Parkside Duets, Caldwell, Canyon County, Idaho, according to the plat filed in Book 5, Page 26, record of said County. 0 SECTION 3. The improvements to be made within LID No. 98-4 are as follows: 685 TON Asphalt 4,770 TON Base 3 EA Catch Basins 86 LF 12" Storm Drain Pipe In addition, members of the District shall be allowed to include by their request, additional quantities of street & 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 b. The total estimated cost of said improvements is $39,000.00 and shall be paid from a levy of special assessments against the abutting, adjoining, contiguous, adjacent and/or benefited lots and lands benefited and included in LID No. 98 -4, 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 Roil, 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. 98-4 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. 0 0 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 21 day of September ,1998. APPROVED BY THE MAYOR of the City of Caldwell this 21 day of September ,1998. &'-t �, Mayor ATTEST: Ci Clerk