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HomeMy WebLinkAboutORD 2791• . 0 BILL NO. 8 ORDINANCE NO. 2791 AN ORDINANCE CREATING LOCAL IMPROVEMENT DISTRICT NO. 09 -02 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; 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. 09 -02 is in the best interests of the property affected and of the City; b. That there is reasonable probability the obligations of Local Improvement District No. 09- 02 will be paid; C. That the value of the property subject to assessment within Local Improvement District No. 09 -02 (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. 09 -02, and; d. That the City Council has heard, considered, and passed upon all protests which were filed in writing in advance of the hearing, or were 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 and is situated in the SWIA, SWIA Section 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: Lots 1 through 3, of Block 3 and Lots 6 through 9 of Block 2, Rosewood Subdivision, Canyon County, Idaho, according to the plat filed in book 7 of plats, page 14, records of said County and further described as Canyon County account numbers R05998521, R05998522, 805998523, R05998520, R05998519 & R05998518. SECTION 3. The improvements to be made within LID No. 09 -02 are estimated as follows: 4701f 8" Sewer Pipe 2 ea 48" Sewer Manhole 6 ea 4" Sewer Services 4701f Asphalt Surface Repair 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 installing sewer main lines, sewer manholes, and related surface repairs will be summed, and the total divided and assessed equally 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, as provided by Section 50 -1707, Idaho Code. The costs and expenses of the sanitary sewer service improvements, including the related surface repairs, 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 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 6. The total estimated cost of said improvements is $74,850.60 and will be paid by the Participants of the District. The 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. 09 -02, 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. The costs and expenses of connection fees or the extension of service lines upon private property are not part of the improvements of L.I.D. 09 -02. 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 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.09 -02 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 `°t 44 day of ,2009. APPROVED BY THE MAYOR of the City ,2009. of Caldwell this day of 4'4--nq� Garret L. Nancolas, Mayor ATTEST: City Cl