HomeMy WebLinkAboutORD 2266W
S
BILL NO. 6
ORDINANCE NO. 2266
0 . 1,
AN ORDINANCE CREATING LOCAL IMPROVEMENT DISTRICT NO. 99 -1 -1 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 SEVERABILITY; 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. 99 -1 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. 99 -1 will be paid;
C. That the value of the property subject to assessment within Local Improvement District No.
99 -1 (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. 99 -1 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. 99 -1" (LID No. 99 -1), the
boundaries of which Local Improvement Districts are as follows:
The Local Improvement District is situated in Sections 10, 15, 21, 27, 28, and 34, Township 4
North, Range 3 West, Boise Meridian, Canyon County, Idaho, and that the boundaries of the Local
Improvement District to be formed are as follows:
0
A portion of the district is situated in the Southeast Quarter of the Northwest Quarter and the
Northeast Quarter of the Southwest Quarter of said Section 34, with the boundaries of this part of
the improvement district to be formed being described as follows:
COMMENCING at the Southeast comer of the Southeast Quarter of the Northwest Quarter of said
section, also being the REAL POINT OF BEGINNING;
Thence Northerly along the centerline of S. Montana Ave. and parallel with the East boundary line
of Big Sky Estates a distance of 473.51 feet;
Thence Westerly along the North boundary line of Big Sky Estates a distance of 692.07 feet to the
West boundary line of said subdivision;
Thence Southerly along the West Boundary line of said subdivision a distance of 443.78 feet;
Thence Westerly along the North boundary line of the property described in instrument number
8806678 (parcel I) a distance of 255.00 feet;
Thence Southerly along the West boundary line of said property a distance of 551.74 feet to a point
on the centerline of the Dixie Drain;
Thence Southeasterly along the Southwestern boundary line of said property, also the centerline of
the Dixie Drain, a distance of 383.35 feet;
Thence Northerly along the Easterly boundary line of said property a distance of 482.41 feet;
Thence Easterly along the Southerly boundary line and Southerly boundary line extended of the
property described in instrument number 505887 a distance of 660 feet to a point on the centerline
of S. Montana Ave;
Thence Northerly along the centerline of S. Montana Ave. a distance of 330 feet to the POINT OF
BEGINNING.
to I I
A portion of the district is situated in the Southwest Quarter of the Southeast Quarter of the
Southeast Quarter of said Section 21, with the boundaries of this part of the improvement district to
be formed being described as follows:
Lots 13 through 24 of Block 134 of Strahom Addition No. 1, according to the revised map of
Caldwell, Canyon County, Idaho, filed in Book 1 of Plats, Page 20, records of Canyon County.
_:_ Lao
A portion of the district is situated in the Southeast Quarter of the Southeast Quarter of the
Southeast Quarter of said Section 27, with the boundaries of this part of the improvement district to
be formed being described as follows:
Lots 1 through 5 and lots 17 through 20 of Block 20, including the vacated alley adjacent thereto,
and lots 6 through 12 and the West 6 feet of lot 13, including the vacated alley adjacent thereto, of
Block 21, College Heights Addition to Caldwell, Canyon County, Idaho, according to the plat filed
in the office of the County Recorder of said County.
A portion of the district is situated in North one half of said Section 15, with the boundaries of this
part of the improvement district to be formed being described as follows:
COMMENCING at the Northeast comer of the Northeast Quarter of the Northwest Quarter of said
section, said point also being the intersection of the centerline of North Montana Avenue and
Uvalde Street, also being the REAL POINT OF BEGINNING;
Thence Southerly 17.00 feet along the East boundary line of Government Lot 4;
Thence Westerly on a line parallel to the North boundary of said Lot 4 a distance of 205 feet;
Thence Southwesterly a distance of 204.08 feet to a point which is 320.6 feet West of the East line
of said Northwest Quarter of Section 15;
Thence Southwesterly a distance of 599 feet to the Southwest corner of the property described in
instrument number 9809939;
Thence Easterly along the Southerly boundary line of said property a distance of 202.4 feet more or
less to the Northwest corner of the property described in instrument number 473697;
Thence Southerly along the Westerly boundary line of said property a distance of 202.7 feet;
Thence Easterly along the Northerly boundary line of the property described in instrument number
8428834 a distance of 25 feet;
Thence Southerly along the Westerly boundary line of the property described in instrument number
8411045 a distance of 202.70 feet;
Thence Easterly along the Southerly boundary line of said property a distance of 75 feet;
Thence Southerly along the Westerly boundary line of the property described in instrument number
473697 a distance of 164 feet;
Thence Easterly along the Southerly boundary line of said property a distance of 135 feet to a point
on the Easterly quarter section line of said section;
Thence Northerly along said quarter section line a distance of 145 feet more or less to the
Southwest corner of Rim View Subdivision;
Thence Easterly along the Southerly boundary line of said subdivision a distance of 115.00 feet;
Thence Southerly along the Westerly boundary line of said subdivision a distance of 23.55 feet;
Thence Easterly along the Southerly boundary line of said subdivision a distance of 48.41 feet;
Thence Northerly along the Easterly boundary line of said subdivision a distance of 419.71 feet;
Thence Easterly along the Southerly boundary line of the property described in instrument number
9120831 a distance of 137.5 feet to the West right -of -way boundary line of Rice Road;
Thence Northerly along the Easterly boundary line of said property a distance of 70 feet to a point
on the South right -of -way line for Tyler Street;
Thence Northeasterly to the Southeast corner of Lot 10, Block I of North Hill Subdivision;
Thence Northerly along the Easterly boundary line of said Lot 10 a distance of 75.7 feet;
Thence Westerly along the Northerly boundary line of said Lot 10 a distance of 138.10 feet, to the
Northeast corner of Lot 9 of said subdivision;
Thence Northerly along the Easterly boundary line of Lots 8 and 7 of said subdivision a distance of
135 feet to the Northeast corner of Lot 7 of said subdivision;
Thence Westerly along the Northerly boundary line of said Lot 7 a distance of 138.04 feet;
Thence Northerly along the Westerly boundary line and Westerly boundary line extended of Lots 6,
5, 4, 3, 2, and 1 of said subdivision to a point on the centerline of Uvalde Street;
Thence Westerly along the centerline of Uvalde Street a distance of 25 feet to the POINT OF
BEGINNING.
A portion of the district is situated in the Southwest Quarter of the Southeast Quarter of said
Section 10, with the boundaries of this part of the improvement district to be formed being
described as follows:
COMMENCING at the Southeast corner of the Southwest Quarter of the Southeast Quarter of
Section 10, also being the intersection of the centerline of N. Illinois Street and Uvalde Street, also
being the REAL POINT OF BEGINNING;
0 . t
Thence Northerly along the centerline of N. Illinois Street extended to the edge of the high bluff;
Thence Northwesterly along the edge of the high bluff to a point where said edge of bluff intersects
with the Westerly boundary line for the property described in instrument number 669929;
Thence Southerly along the Westerly boundary line of said property to where said line intersects
the centerline of Uvalde Street;
Thence Easterly along the centerline of Uvalde Street a distance of 622 feet to the POINT OF
BEGINNING;
A portion of the district is situated in the Northwest Quarter and the Southwest Quarter of said
Section 28, with the boundaries of this part of the improvement district to be formed being
described as follows:
COMMENCING at the Southeast Corner of the Southwest Quarter of the Northwest Quarter of
said section, said point also being the intersection of the centerline of W. Logan Street and Marshall
Avenue, also being the REAL POINT OF BEGINNING;
Thence Easterly along the centerline of W. Logan Street a distance of 108 feet;
Thence Northerly and parallel with the centerline of Marshall Avenue a distance of 405 feet;
Thence Northwesterly a distance of 264 feet more or less to the Northwest corner of the property
described in instrument number 9120660;
Thence Southerly and parallel with the centerline of Marshall Avenue a distance of 419.64 feet to a
point on the centerline of W. Logan Street;
Thence Easterly along said centerline to the intersection of the centerline of W. Logan Street and
Marshall Avenue;
Thence Southerly along the centerline of Marshall Avenue a distance of 636.85 feet;
Thence Westerly a distance of 25 feet to the Northeast corner of the property described in
instrument number 932837;
Thence Westerly along the Northerly boundary line of said property a distance of 305.50 feet;
Thence Southerly and parallel with the centerline of Marshall Avenue a distance 496.39 feet to the
Southwest corner of the property described in instrument number 9006012;
Thence Easterly along the Southerly boundary line of said property a distance of 195.46 feet;
0 •!
Thence Southerly along the Westerly boundary line of the property described in instrument number
692551 a distance of 140.48 feet to a point on the Northerly right -of -way line of W. Ash Street;
Thence Easterly along said line a distance of 403 feet more or less to the centerline of Parker Gulch
Drain;
Thence Northwesterly along the centerline of said drain a distance of 510 feet more or less to the
Southwest corner of Lot 1, Block 3 of West Ash Addition Subdivision;
Thence Easterly along the Southerly boundary line of Lots 1 and 2, Block 3 of said subdivision a
distance of 173.09 feet to the Southeast corner of said Lot 2;
Thence Northerly along the Easterly boundary line of said Lot 2 a distance of 128.37 feet;
Thence Northwesterly to the Southeast corner of Lot 1, Block 4, West Ash Addition Subdivision;
Thence Northerly along the Easterly boundary line of said Lot 1 a distance of 66 feet to the
Northeast corner of said Lot 1;
Thence Easterly a distance of 164 feet more or less to the Southeast comer of the property
described in instrument number 9713745;
Thence Northerly a distance of 330 feet to the Northeast comer of the property described in
instrument number 9325405;
Thence Westerly a distance of 230 feet to the Southeast corner of the property described in
instrument number 8404163;
Thence Northerly on a line parallel with and 100 feet East of the centerline of Marshall Avenue a
distance of 264 feet to a point on the centerline of W. Logan Street;
Thence Westerly along the centerline of W. Logan Street a distance of 100.00 feet to the
intersection of the centerline of W. Logan Street and Marshall Avenue, also being the POINT OF
BEGINNING.
SECTION 3. The improvements to be made within LID No. 99 -1 are as follows:
1,962 TON
Asphalt
8,497 TON
Base
4 EA
Catch Basins
292 LF
Storm Drain Pipe
360 LF
8" Sewer Pipe
1 EA
48" Sewer Manhole
•
9
In addition, members of the District shall be allowed to include by their request, additional
quantities of sewer main, street paving, 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 in the following manner:
The costs and expenses of providing base material, providing and constructing
drainage improvements, providing and placing asphalt surfacing, and related street
improvements will be assessed against the abutting, adjoining, adjacent and/or
benefited lots and lands along which such improvements are to be made and upon
lots and lands benefited by such improvements and included in the district to be
created according to a front foot method of assessment as provided by Section 50-
1707, Idaho Code.
The costs and expenses of the sewer improvements will be assessed against the
abutting, adjoining, adjacent and/or benefited lots and lands along which such
improvements are to be made and upon lots and lands benefited by such
improvements and included in the district to be created according to a benefits
derived method of assessment.
Each lot, parcel and tract of land shall be separately assessed for the cost of
constructing and installing the aforesaid sewer and street improvements to each
property so benefited as provided by Chapter 17, Title 50, Idaho Code, and the
aforesaid costs shall be levied and collected in the manner and method provided by
law for the levy and collection of special assessments.
SECTION 5. Said improvements are further and additional improvements.
SECTION G. The total estimated cost of said improvements is $140,000, of which approximately
$26,000 will be paid by the City, leaving approximately $114,000 to be paid by the Participants of
the District. The said Participants costs 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. 99 -1, 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 herein provided for,
pending the payment of the installments on assessments herein 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. 99 -1
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 1st day of
March ,1999.
APPROVED BY THE MAYOR of the City of Caldwell this 1st day of
March 5 1999.
Mayor
ATTEST: C�ks4a�
Ci Clerk