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Home My WebLink AboutORD 2380BILL NO. " ORDINANCE NO. 280 AN ORDINANCE CREATING LOCAL IMPROVEMENT DISTRICT NO. 01 -3 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. 01 -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 LocatImprovement District No. 01 -3 will be paid; C. That the value of the property subject to assessment within Local Improvement District No. 01 -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. 01 -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. SECTION 2. There is hereby created and established a Local Improvement District within the City of Caldwell, to be designated "Local Improvement District No. 01 -3" (LID No. 01 -3), the boundaries of said Local Improvement District are listed below: The Local Improvement District is situated in Section 21, Township 4 North, Range 3 West, Boise Meridian, Canyon County, Idaho, with the boundaries of the Local Improvement District to be formed are as follows: 0 0 COMMENCING at the Southeast comer of the Southwest Quarter of the Southeast Quarter of said Section, said point also being the TRUE POINT OF BEGINNING; Thence North 0 0 59'25" East along the Easterly boundary of said Southwest Quarter of the Southeast Quarter a distance of 253.42 feet; Thence North 89'28'10" West parallel with the Southerly boundary of said Southwest Quarter of the Southeast Quarter a distance of 233.42 feet; Thence North 0 ° 59'25" East parallel with said Easterly boundary a distance of 44.08 feet; Thence North 8928'10" West parallel with said Southerly boundary a distance of 203.33 feet; Thence West along the Northerly boundary of parcel II described in Instrument No. 200116558 a distance of 30 feet to the Northeast corner of Block 2 of West Side Addition as appears by the plat of said Addition of record in the office of the county recorder of Canyon County, Idaho; Thence South along the Easterly boundary and Easterly boundary extended of Lot 1, Block 2 of said West Side Addition a distance of 136 feet to the Northeast corner of Lot 14, Block 2 of said Addition; Thence West along the Northerly boundary of Lots 14 through 8, Block 2 of said West Side Addition a distance of 163 feet, more or less, to the Northwest corner of Lot 8, Block 2 of said Addition; Thence Westerly to a point on the Easterly boundary of a parcel described in Instrument No. 8812588 a distance of 30 feet, more or less; Thence North 1 ° 07'39" East a distance of 180 feet, more or less, to the Northeast comer of said parcel; Thence North 89 ° 30'26" West along the Northerly boundary of said parcel a distance of 40 feet; Thence North 1 ° 07'23" East along the Easterly boundary of a parcel described in Instrument No. 8812589 a distance of 656.18 feet to the Northeast corner of said parcel; Thence North 89 0 30'26" West along the Northerly boundary of said parcel a distance of 623.86 feet to the Northwest corner of said parcel; Thence Westerly to a point on the Easterly boundary of a parcel described in Instrument No. 9515651 a distance of 110 feet, more or less; Thence North 0 ° 31'40" East along the Easterly boundary of said parcel a distance of 242 feet, more or less, to the Northeast comer of said parcel; Thence South 89 °29'50" West along the Northerly boundary of said parcel and parallel with the South boundary of the Wilder Branch of the Union Pacific Rail Road right -of -way a distance of n 331.20 feet; Thence South 0 ° 31'40" West along the Westerly boundary of said parcel a distance of 525.51 feet; Thence continuing South 0 ° 31'40" West along the Westerly boundary of the parcels described in Instrument No.'s 9904497, 9935713, 9311514, 9424142, and 9906005 a distance of 658.89 feet; Thence continuing South 0 ° 31'40" West along the Westerly boundary line extended of the parcel described in Instrument No. 9906005 a distance of 50 feet, more or less, to a point on the Southerly boundary of the Southeast Quarter of the Southwest Quarter of said Section 21; Thence South 89 East along the Southerly boundary of said Southeast Quarter of the Southwest Quarter a distance of 441 feet, more or less, to the Southeast corner of said Southeast Quarter of the Southwest Quarter; Thence continuing Easterly along the Southerly boundary line of the Southwest Quarter of the Southeast Quarter of said Section a distance of 1,328 feet, more or less, to the Southeast comer of said Southwest Quarter of the Southeast Quarter, which is also the POINT OF BEGINNING. SECTION 3. The improvements to be made within LID No. 01 -3 are the following approximate quantities: 1,225 TON Asphalt 6,811 TON Base 4 EA Catch Basins 654 LF Storm Drain Pipe 2 EA 48" Storm Drain Manhole 384 LF Curb & Gutter 945 SF 4 Concrete In addition, members of the District shall be allowed to include by their request, additional quantities of 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 and placing 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. 0 Each lot, parcel and tract of land shall be separately assessed for the cost of constructing and installing the aforesaid 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 b. The total estimated cost of said improvements is $116,900, of which approximately $31,780 will be paid by the City, leaving approximately $85,120 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. 01 -3, 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. 01 -3 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. I fF� K r - r �3 1 r 1 I _ � s r ' 1 1 ' r ' 1 1 Y ' A _6 1 1 " f 1 . y i _ 1 II 1 _