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HomeMy WebLinkAboutORD 3120 f. 1 ORDWANCE NO. Z . AN ORDINANCE CREATING AND ESTABUSEING A IMAM IMPROVEM T DIS- TRICT TO BE C "LOCAL STREET IMPROVET DIS'T'RICT NO. 2 ", $ IN THS CITY OF CALDWELL, CANYON COUNTY, IDAHO; DESIGNATING THE STREETS AND POINTS JZTW= WHICH SAID IMPRO TS, SBALL HE MAIM, AND PROVIDING FOR TIM CONSTRUCTION OF PAVEMT, CURBS AND GUTTERS THSEMON: PROVIDING THAT THE COST AND EX- PENSE OF SAID IMOVZWT SIIAIZ BE TAXED AND ASSESSED UPON ALL THE PROPERTY IN SAID IMPROTEMINT DISTRICT FRONTING OR ABUTTING OR CONTIGUOUS OR TRIBUTARY TO THE PORTION OF SAID STREMSO IMPROVED; AND PRESCRIBING THE METHOD OF SUCH As- SE83RER'T AND THE PAyvENT THmOF; PmwAzryG ALL QRDImCEB, PZSOIUTIONS OR ORIMS, OR PARTS THEREOF, Ili CONFLICT MM- WITH; AND 30ECLARING AN EMGENCY. Be it Ordained by the Mayor and Council of the City of Caldwell, Canyon County, state of Idaho; SECTION 1. That there be and is hereby created and estab- lished a local improvement district in the City of Caldwell, Can- yon County,.. Idaho, to be called "Local Street Improvement Dis- triet Igo. 2 ", and that said District shall consist of and include all the property fronting or abutting'on, contiguous or tributary to the following named streets and parts of streets in said City of Caldwell, between the points hereinafter named, to the dis- tance back from such streets, if platted in blooks to the center of the block; if platted in lots to the center of the lots; and If not platted, to the distance of one hundred twenty -five (126) feet. Said streets are as follows, to -wit: -lam CIMELAND BOULRVARD: from Kimbeal Avenue to Indiana Avenue. Beginning at the property line on the East side of Simball Avenue, and ex- tending to the property line on the East side of Indiana Avenue 0 XIIUMU AVBBUE: from Blaine Street to Irving Street. Beginning at the property line on the South side of Blaine Street and ex- tending to the property line on the South side of Irving street. BLAINE s T: from Seventh Avenue to ninth Avenue. Beginning at the property line on the East side of Seventh Avenue and ex- tending to the property line on the Beat side of Ninth Avenue . NINTH AVEOR: Beginning at street intersection on the South side of Arthur Street and extending to the street intersection on the Borth side of Cleveland Boulevard. ALWY: I from Simban Avenue to Ninth Avenue, between Arthur Street and Blaine Street. From alley intersection on East side of Kimball Avenue to alley intersection on West side of Tuinth Avenue,, -11 J SECTION 2. That there shall be constructed in said Local Street Improvement District No. 2, the following described improvement, to wit: Pavement on all the streets and alleys named in Section 1 of this Ordinance, between the points on said streets and alleys as designated in Section 1 of this Ordinance. Cement curbs and cement gutters on both sides of all the streets and alleys named in Section 1 of this Ordinance, between the points on said streets and alleys as designated in said Section 1 of this Ordinance. That said improvements shall be constructed between said described points in accordance with the plans and specifica— tions thereof now on file in the office of the City Engineer of said City. That the materials to be used in said paving construction shall be one of the following, as may be determined at the time the contract for the construction of said improvements is awarded; Bitulithic with cement concrete base; or Bitulithic with bituminous concrete base; or Asphalt with cement concrete base; or Plain cement concrete. -J- SECTION 3 That the full cost and expense of making the improvements described in Section 2 of this ordinance shall be taxed and assessed upon all the property included in said Local Street Improvement District No. 2, as described and specified in Section 1 of this ordinance, and said cost and expense shall be assessed in proportion to the number of feet of such lands and lots fronting on said improvements, or abutting, contiguous or tributary thereto, and included in said Local street improve- ment District Ro 2, and in proportion to the benefits derived by said improvement; Provided, that each lot shall be assessed only its proportionate share of the costs of the particular im- provement made in front of such lot; and the cost and expense of all such improvements in the spaces formed by the junction of two or more streets, or wherein one main street terminates in or crosses another main street, and also all street crossings or arose walks, shall be paid out of the general fund of said City; provided, further, that when any such improvement is made` on one side of the center line of said streets, the lots or land, or portions thereof, fronting on that side only, shall be assessed to cover the expense of said improvement. S10TIOR 4. That when the cost and expense of making the Improvement mentioned in section 2 of this ordinance shall have been assessed upon any laud included in said Local Street Im- provement District Roo 2, the amount of said cost and expense so assessed shall become a lien upon said land, which lien shall take precedence of all other liens, and may be foreclosed in so- cordance with the provisions of the Code of Civil procedure. SECTION b0 upon the passage of this ordinance the com- mittee on streets in said City, together with the City Bagineer, shall determine as nearly as can be done, the amount of money f ! to be assessed and collected to poky the cost of said improvements in accordance with the estimate of such oast as set forth in the ordinance of Intention to create said Local Street Improvement District po, 2, and thereupon the said oommittes on streets and said City Engineer shall make out an assessment roll according to the provisions of this ordinance, and the statutes of the State of Idaho in such case made and provided, and shall certify the wane to the ror'and Council of said City of Caldwell, and file the same in the office of the City Clerk of said City; and thereupon the City Clerk shall give notice by three (3) successive publications in "The Caldwell Tribane ", the official newspaper of said City, that such assess- ment roil is on File in his office, and the date of filing the same, and said notice shall state a time at which the Council of said City will hear and consider objections to said assess- J ment roll by the parties aggrieved by such assessment, and the owner or owners of any property which is assessed by such assess - ment ro3.1,,, whether named or not in such roll, may within ten (14) days from the date of the last publication of said notice, file with the Clerk of said City his objections in writing to said assessment-, and said assessment roll shall state the name or names of the owner or owners of each piece or parcel of land assessed, the block and lot number of each said piece or parcel Of land as the same is platted and recorded, the character of the Improvement for which each piece or parcel of land is assess- ed, the frontage of said lot, block, piece or parcel of land, the rate of assessment thereon, ail& the total amount of assess- ment against'atch said lot, block, piece or parcel of land, and the total amount assessed against all of said property. V I w SECTIoh 6. The said committee on streets, and said City Mngineer shall be governed in the preparation of said assess- ment roll, in addition to what is herein contained, by all the provisions of the state of Idaho relating to the assessment of property in local improvement districts. SECTION 7. All ordinances, resolutions or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 89 This ordinance shall be in force and effect from and after its passage, approval and publication according to law. Passed and approved this 7th day of April, 1919* yor.. r� _ 1TT UIT .` er .