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HomeMy WebLinkAboutORD 313ORDINANCE No. -?. AN ORDINANCE CREATING AND ]sTA]WSHING A LOCAL IMPROV T DIS- TRICT TO BE CALIED "LOCAL STREET IMPROVEMENT DISTRICT NO. 3 ", IN THE CITY OF CALD ELL, CANYON COUNTY, IDAHO: 3IGNATING TO STREETS AND POINTS BETWEEN WHIC$ SAID ISO TS SHA.TZ HE MAMs AND PROVIDING FOR THE CONSTRUCTION OF PA T, CURBS AND GUTTERS THEREON: PROVIDING THAT THE COST AND EX- TERSE OF SAID I39ROVUMT SEAM BN TAXED AND ASSESSED UPON ALL THE PROPERTY IN SAID IJOROVAWT DISTRICT FRONTING OR ABUTTING OR CONTIGUOUS OR TRIBUTARY TO THE PORTIO OF SAID STREETS SO IMPROVD: AND PBESCRIBING THE METHOD OF SUCH AS- SESSMET AND THE PAYWNT THEREOF; HUMALING ALL ORDINANCE'S, RESOLUTIONS OR ORBERS, OR PARTS THEREOF, IN CONFLICT H WITH; AND DECLARING AN EMERGENCY. Be it Ordained by the Mayor and Council of the City of Caldwell, Canyon County, State of Idaho; SRCTIOK 1. That there be and iQ hereby created and estab- linked a local improvement district in the City of Caldwell, Can. yon County,. Idaho,,: to be called "Local Street Improvement Din- trio Ro. 3 ", and that said District shall consist of and include all the property fronting or abutting on, oontigaous or tributary to the following named streets and parts of streets in said City of Caldwell, between the points hereinafter named, to the dis- tanoe back from such streets, if platted in blocks to the center Of the block; if platted in Iota to the center of the lots: and it not platted, to the distance of one hundred twenty -five (125) feet. Said streets are as follows, to -wit: % I RIMBALL AVE=: from oregon Line Railway to Freeport Street. Begin- ning at right of way boundary on the North side of oregon Short Line Railroad, and extending to the property live on the North side of Freeport street. 0 e SECTION 2, That there shall be constructed in said Local Street Improvement District No, 3, 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 said Section 1 of this Ordinancs, Cement curbs and cement gutters on both sides of all the streets and alloys named in Section 1 of this Ordinance , between the points on said streets and alleys as designated in said Section I of this Ordinance. That said improvements shall be constructed between said described points &n accordance with the plans and specifications thereof now on file in the offioe of the City Engineer of said City, r 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 bass; or Bitulithic with bituminous concrete base; or Asphalt with cement concrete base; or Plain cement concrete, • 6 ` p SECTION 30 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 Igoe 3, 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 sack lands and lots fronting on said improvements, or abutting, contiguous or tributary thereto, and included in said Local Street Improve- ment ]District No 3, 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 cross walks, shall be paid out of the general fund of said City; Provided, farther 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. MWTIW 4. That when the cost and expense of making the improvement mentioned in Section 2 of this ordinance shall have been assessed upon anti land included in said Local Street In- provement ]District Poe 3, 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 ao- cordance with the provisions of the Code of Civil procedure. SECTION 5. Upon the passage of this ordinance the com- mittee on streets in sai4 City, together with the City Engineer, shall determine -as nearly as can be done, the amount of money to be assessed and collected 100 NiAm to pay the cost of said improvements in accordance with the estimate of such Goat as set forth in the ordinance of Intention to create said Local Street Improvement }district $o. 3 and thereupon the said committee on streets and said City Engineer shall make out are assessment roll according to the provisions of this ordinance, and the statutes of the State of Idaho in such case made and provided, and shall certify the same to the Mayor and Council of said City of Caldwell, and file the same in the office of the City Clerk of said City; and thereupon the City Clerk shall give notice by three (3) successive publications in "The Caldwell Tribune" the official newspaper of said City, that such assess- ment roll is on file in his office, and the date of filing the same, and said notice shall state a time at which the Council of said City will hear and consider objections to said assess- men$ roll by the parties aggrieved by such assessment, and the owner or owners of any property which is assessed by such assess- ment roll, whether named or not in such roll, may within ten (10) 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 omer or owners of each piece or parcel of land assessed, the block and lot number of each said piece or parcel tt land as the same is platted and recorded„ the character of improvement for which each piece or parcel of land is assess- el', the frontage of said lot block„ piece or parcel of land, the rate of assessment thereon and the total amount of assess- ment against each said lot, block, piece or parcel of land:, and the total amount assessed against all of said property. 0 r 11 .y :EOTION 6. The said committee on streets, and said City Engineer 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 districtso 9 SECTION 4. All ordinances, resolutions''or. thereof in conflict herewith are hereby repealed, rescinded and mulled, SECTION g. This ordinance shall be in force and effect from and after its passage, approval and publication according to law. Passed and approved this 4th day of April, 1919• d a o . AT y er •