HomeMy WebLinkAboutORD 477easterly side of Tenth Avenue South; r .m; STRT,?�T
from the Northwesterly side of Twelfth Avenue South,
to Twentieth Avenue ; NINTH, ` 11 TTH, Tilifi .TrW_ ZH,
FOURTEENTH, 37V NTN JTH, F'rGHTr,1WTH and NINrT,mMTTf
A TUTS SOUTH, each, from Dearborn 'Street to T.verett
Street; the Southeasterly side of TW7LF'TH AV` TUR`
SOUTH from Dearborn Street to Lverett Street;
F I and SIXTMTTH AVM,, T �'S ,SOUTH, each, from
T�esrbOrn Street to rillmore Street r "'I YFNTIFTTI 'A OF ,:
SOUTH from the Northeasterly side of Blaine Street
to Cleveland Boulevard;,the- Southeasterly side of
Twentieth Avenue South from Cleveland Boulevard to
Dearborn Street; TVW.CIET"q AVFTT+1"C1F SOUTH from Dear-
born Street to the Southwesterly side of Fverett
Street•, F'ILLMTORF STRF',TT from the Northwesterly side
of Fifteenth Avenue South, to the Southeasterly side
of Sixteenth Avenue South
I
Section 2. That there shall be constructed in said
Local Street Improvement Distriot No, 9, for the City of
Caldwell, Idaho, the following described, to-
the
wit; curbs and gutters on/streets and Marts of streets named
or described in Section 1 of this ordinance, between the points
of the said streets as designated in said Section 1 hereof.
That said improvements shah, be constructed, made and done
under the direction of the City Tngineer of the City of
Caldwell, and according to the' "plans and specifications of
said improvements prepared by said engineer and on file in
his office. That the materials to be used in said curbs
and gutters shall be Portland cement concrete,
Section 3. That the full cost and expenses of
making the _improvements described in Section 2 of this or-
dtnance ` be taxed and ' assess,ed upon all probe "rty within
said local Street Improvement District No. 9, as established
by this ordinance and said costs and expenses shall be as-
sessed in proport ion .to the number of square feet of such
lots and lands abutting, adjoining,_ contiguous and adjacent
thereto, and included in said Local Street Improvement District
No, 9, and in proportion to the bene,f'its derived to such
2
i
property by said improvements; provided that each lot and
parcel of land shall be separately assessed, and each lot and
parcel of land shall be assessed only for its proportionate
share of the cost of the particular improvement made in front
of such lots or parcels of land; each lot and parcel of land
being separately assessed for the casts and expense of said
z .
improvement in proportion to the number of square feet of
such lands and lots abutting, adjoining, contiguous and ad-
jacent to said improvement, or included in the improvement
district to the distance back from such street, if platted
in blocks to the oenter of the block, if platted in lots to
the center of the lots, and if not platted,_ to the distance
of 125 feat, and in proportion: to the benefits derived to
such property by said improvements; and the cost and ex-
penses of all such improvements in the space formed by the
junction of two or more streets, or wherein one street ter -
minates in or crosses another "street, and also all drains at
street crossings or cross walks, shall be paid out of the
general fund of said City of Caldwell, Tdaho; that the amount
of the total cost and expense'of.such improvements, which is
to be paid from the general fund of said city as herenbefore
authorized, is the- sum. of 1900.00 Provided,further,
that whenever any such improvement herein authorized, is done
or made on one side of the center line of any street or streets
herein specified, which benefits only the property on that side
of the said street or streets; the lots and lands on that side
only, shall be assessed to cover the cost and expense of such
work or improvement
Secti.on.4. Tht. the cost and expense of making the
aforesaid improvement, which is chargeable and will be assessed
to the abutting, adjoining, contiguous or adjacent property, as
set forth in 'ection 3, of this ordinance, shall be payable
in ten equal annual installments, which installments shall bes =r
interest at not exceeding the rate of seven per cent per an-
num,'payable annually. Such assessments shall be known as
special assessments for improvements. For the 'Purpose"oi'
meeting the expenses of making said improvement during the
course of its construction, warrants shall be issued against
the fund of said district, payable to the contractor or other
proper person, upon estimates of the City Zngineer, which
warrants shall bear interest at the rate of seven per cent
per, annum "from the `date thereof until redeemed and which
warrants shall be redeemed and retired by the proceeds from
the sale,of the bonds of said district, which bonds shall
be issued in the name of the municipality, and shall be
pays l.e their terms as nearly as may be in 'equi 'annual
amounts, the first installment to mature within one year
from date and the last installment within ten years from date
and shall bear interest at the rate of not exceeding seven
per bent per annum, payable annually or semi - annually, at
the option of the purchaser or such bands. Such bonds shall
not be issued in excess of the contract price and expense
of such improvement, including engineering and clerical ser-
vices, advertising, cost of inspection, cost of collecting
assessments and interest upon warrants, and all legal ser-
vices "for preparing proceedings and advising in regard
thereto; said bonds shall be numbered consecutively from
one up and shall be in the denomination of five hundred dollars,
except bond number one, which may be for such odd amount less
than rive hundred dollars as may be necessary and proper.
Coupons shall be attached to said bonds for each annual or
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semi - annual installment of interest; said bonds and coupons
shall be signed by the 74ayor, countersigned by the City
Treasurer, and attested by the City Clerk; provided, however,
that such coupons may, in lieu of being signed as aforesaid,
have printed thereon, the facsimile of the signatures of-se. d . ,
officers, and each bond shall have the seal of the city af-
fixed thereto and shall refer to the improvement district
for the payment of which the same is issued, and shall provide
that the principal sum therein named and the interest thereon
shall be payable out of the local improvement fund of said
district, and not othervriae, and there is hereby created in
the City Treasury a special fund to be known as Local Street
Improvement district No. 9, Fund, which is hereby created
for the payment of the cost and expense of such improvement,
and "al assessments whioh shall be `levied for the pa,y�ent ..;..,
of the costs and expenses' of said improvement shall, as vole
lected, be immediately paid into said fund, and no portion
of said fund shall, so lone as any of the bonds of said dis-
trict shall remain outstanding and unpaid, be used for any
other purpose than for the payment of the principal and in-
terest of said bonds. The holders of said bonds shall have
no claim, therefor, against the city except from the collec-
tion of the special assessment made for the improvement for
which said bond was issued, but his remedy in case of non -
paym shall be'oonfined to the enforcement of-such assess-
ments, and a copy of Section 35, Chapter 257, Laws of 1927,
of the State of Idaho, shall be plainly written, printed, or
engraved upon the face off' each bona so issued. All assess-
ments which shall be levied against the land in said local
improvement district shad become a lien upon the lots, tracts,
or parcels of land against whi.eh the same are levied, respectively,
which. liens shell take precedence over all other liens; and
nay be foreclosed in socordanab with the provisions of
Chapter 257, Laws of 1927, of the 'State of Tdaho.
Whenever there shall be sufficient money in the
Pund` of- said district over and .mbove an amount s zffi.cient
for the payment of interest on all unpaid bonds of said dis-
triot to pay the principal.of one or more bonds the treasurer
shall, call in and pay such conds in their numerical order,'
lowest numbers first, which cull shall`be made by publication
in the official newspaper of said city, and shall state that the
bond numbers so called for payment, will be paid on the day
when the nex'� interest coupons on said bonds shall become due.
Interest upon said 'ponds so called` sha -11 cease upon such
call date.
Section 5, That as soon as this ordinance shall be
passed and approved, and be in effect, the Committed on Streets
together with the 'City engineer shall determine the amount of
the cost and expense of said improvement to be assessed upon: the
abutting, contiguous, and tr'butery lots and lands included in
said district, shall make out an assessment roll according to
law and the provisions of this ordinance, which shall contain
among other things the number of the assessment, the name of
the owner` if known, or if not known.,',that the name is unknown,
a descripWn of each tract assessed and the total amount of
the assessment and the total cost and expense of said improve-
ment to be so assessed shall be divided into ten equal install-
ments. Said assessment roll shall be certified to the City:
Council and filed with the City Clerk, and notice: of hearing
thereon shall be given, end hearing had thereon as provided in
Chapter 257, Laws- of 1927, of the State of Tda.ho, and following
which hearing the City Council shall pass an order, ap-
provinp, and confirming, such assessment roll as originally
filed or as corrected by them., and their decision and order
shall be a final determination of the regularity, validity
and correctness' of said asseasrnent roll, of each assessment .
contained therein and the amount thereof levied on each lot
and parcel of land subject only to appeal as provided in Chap-
ter 257, Zags of 1927, of the State of Idaho, and annually
thereafter the Council°:-ihall leTy special assessments against,
the property in said district sufficient to redeem the bonds
of said district next maturing, together with interest next
falling due upon all bonds then outstanding; such assess --'
ment shall be made upon the property chargeable for the
cost of such improvements respectively; and the basis upon
which the first installment of the assessment is, levied
shall be retained for the assessment of the succeeding in-
stall? Pnts.
Section 6. Within fifteen days after the assess-
rent roil shall have been confimmed by the Council, the City
Engineer shall prepare and file with the City Clerk a' map
of the improvement district showing each piece of property
separately assessed according to the description in the as-
sessment roll, and shall number each piece of property shorn
on said map with the corresponding number of said assessment
on said roll.
Section 7, That said committee on streets, the
City Engineer and , .the City Council shall be governed in the
preparation, approval and" confirmation' of such assessment
roll by the provis1ons of Chapter 257, Lawn of 1927, of the
State of Idaho, and by the provisions of this ordinance,
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MOM
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Section S, All ordinances, resolutions, or parts
,�hereef, in conflict herewith are hereby repealed, res-
cinded and annulled.
Section 9. This ordinance shall be in force and
effect, from and after its passage, approval and publica-
tion according to law.
PASSM By the Council this 24th day of
February , 1930.
APPROV,D By the Mayor this 24th day of
February ' , 1930:
APP 7R?,�D
A
w 600 �.'��L
ay or.
ATTT'ST
Ac
Clerk, of
City of a dwell, Idaho,
Published in the Caldwell ,News- Tribune
1930.
Acting City rk of the
City of Caldwell, Idaho.,
a