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Home My WebLink AboutORD 490SILL WO. 22 , ORDINANCE MO. 490. By LEIGHTY. -0-0-0- Ali ORDINANCE CREATING AND ESTABLISHING A LOCAL Il&- ViOMENT DISMOT 70 BE CALLED "LOCAL IIIPHOVIDfIENT DISTRICT 110, 14, FOR THN' 011-► OF CALDYTELL, IDAHO," DESIGNATING THE BC)UNDARI', Div SAID 1M)X)VM1M1T DISTRICT AND STATING THE NAUE OF rME STREET OR STIMEETS AWTIG OR UPON IVIC'1I SA;D 111PROVEIMIT IS 'IX) BE MADE AAA THN" KIND A'JD CHARACTER OF THE PROPOSED IM- P310VTM AND P FOR THE CONSTAICTIO33 OF DI'T'CHES, DRAINS, MINWITS AND MIAMMMLS FOR SANITARY ANT) DRAINAGE PUTO)OSES, OR - B - I'MIER OR BOTH 'MEMMF, 171TH OUTLETS, CESSPOOLS, MA14HOLES, CATM BASUS, FTIYSH TWIMS, SV?TIO TANKS, UND ALL OTHER SEUTEIR A-iR1- 1MOESSARY FOR THE COMFORT 0021- VE HAALTH AMD WELL-BEING OF 'ME IAJAICIPiw�LITY THEREIN; PMVIDING TMAT THE MST AND EX?& OF SAID IMPIM EVALL BE TA.MD AM ASSESSED U?ON ALL 'M 01OPMEM 11.4 SAID I11M)VE1011T DISTRICT FIVNTING, ABUTTING, CONTIGUOUS AND TRIBUTARY, To THE PRO'. OF 7W STREETS UI?014 OR ALONG MICH SAID IMPAOVEHEI-IT 13 TO By AADE, PROVIDII.IG THE METHOD OF SU 4M ASSESWENT A14D TX PAYMENT THERI-4, F; L D! iWi CTI AG THE 01WE OL111,10'. TO AD73RTISE FOA A.' MCEIVE BIDS FOR SUM MATERIAL AS 1W BE DESIGXXTED 13Y THE GOUNUIL FOR 3"J"311 A r ING OF THE nOW A' I11P.4)IMMIT, M) IME ")o AND LABOR F)R THE OONSTRUOTION OF THE 1 .3XIE; 1IRPEALING ALL 01 RE- SOLUTIONS OR ORDERS, O)J PAR'S THEREOF IN 0`0 HEREWITH A3D DECLARING All E11EIRG211TI. BE IT ORDAINED, b the Mayor and Council of the City of CEO, ldivall, Idaho: .3action 1. That there shall be and hereby is created and established a Local 111pro vane lit District in -ale Olity of Culclivail, in the Cow'Lty of Canyon, State of Idaho, to be called "Local Improvement Di strict Hu. 14, for the (Jity of 0"ldwall, Idaftu," and that said improve- ment district shall consist of and include all of the lots and lwid3, abutting, adjoining and adjacent to the improveymnit as hereinafter defined in Section 2 liereof, and all the lots and lands bonefited by such improvement within the following botuidaries, to-vrit: Baginning at the intersection of the center line of Deaver Street with the aeater line of BoJZ6 Avenue, thence Southeasterly along the center line of Denver 0 . e 0 Sao. 2. Iliat there shall be constructed in said Beginnin6 at the int of the: alley between Denver and QUougo Streets with the ivest, side of Boise i running thence southeasterly along the center line of said alley to its intersection irith the center line of Fifth Avenue; thance southwesterly alone the cen ter line of Fifth Avenue to its intersection with the center line of Albany Street, -2- 0. meat shall be aaaaesed upon the abutting adjoining, uoz� tiguous and adjacent, lots and lands to suah improvement and Lands benefited and included in the iraprovenen (:IiS- 'Wrict formed, o1i suoli streets and alloys Idiere the mint is to be constructed, as horeinbefore described, and such cost "d expenses shall be assessed upon the abutting, a dj o ining, 0011tiguous allLi jAdjaoent lots and Lauds included in the impzovenent district formed, each parcel of law be- ing separately assessed for the debt t4o:.*euf in propor to the nwAber of square f e0tv of such lots and lands, abutt- -3— • • ink„ adjoining, contigpous and adjace =orator, and included in saitt district, to tila distance back fron such s if platted in blocks to the center of tho biouk, if platted in lots to the center of the lot, arld if nut platted to they distance of one liundred twonty-five feet; provided, t1l no property sha.Ll be inciuded within such iriprovement street teri-Aitates in o:: aroases anothei? itiain t3tract, if any, shail be fa <i uu of the general fwid of the city and the total cot3t of such iiip-rwrenant which is to be paicl frora the gener"I Fund, as harainbofore autho=ized, is the sizi of 4746.O U; provided, fur thox, beat when such inpxuvenant Is to be made on one side of - zhtl 0011 !ilia of auuh streets, they lots and lwiud or portions thereof frontirig, oil that side 0211Y, ahall be a3sesoed to cover the coi4t and expenses of such aork oi irzip fo? that, part of the assessment levied upwa abuttir4;,, adjoininj,�, contiguous and adjacent lots and laadj, Sac. S. 'Ili at this cost and exponae3 of waking the aforauald impzovenent, idiiah i3 chargeable and will be assess- ed to tho abuttixk;, udjoiWiag, coiitifpuous,or,alypro, pro- pt;rty as set forth in section 3 0. this OZCJ!JJW�JcVe S I LU I:L as -4- B paye,b:Le in one equal instal3ment, which insuzi3ment shall bear interest at the rate of seven per contimi per annuii, until puid. Ouch aose-sonents shall be known as special asoesamunto for iYI)rovenents. for the purpose of noo the exj)enjea of making said improvement during the course &I the fund of said iq?rover' district sufficient to pay the waxran'�., ox warrants next en%:LGle(i to pay=ent tnerefrom,, the City Itrea.S1.1rer allal give notice of the call fear pa3MIOXIt Of the Game in the k 3 L vj t 3 I.2azlll(3r as is provided gay lwi for the payraeat of o outs uiaadi lig cit;V warl!Wilts, and shall pay su ch Wa::-3?ant3 1);jr t1le in.terda accrued rjea:aon ill the nanner provided by law, out of the funds belonging to said !*Oal 1 Distrio No, 1,1, 8itch warrants shall not be issuudin of the contract price and eInporl:40s of Buell irq)ruvemant, including engineering and clerical services, adve.rtl co;3t of inwpootion, cost of oollacting assoss- ments and inturost Irgon Warrants, an(i ail logpal services f prep proceedjj Wld advising in regard thereto; and tl is Ilaru'uy created inthe City Trea3mjrY a special fund to be known as cal Ij provoi,jent District No, 14 fund, which is have1w created for the payment of the cost and e-cpellses of such improvenent, and all assessnents Which -5- • 0 shall be levied for tho paynent of the cost and exponses of said ILIprovemont shall, as collected, be imiediately paid into sail fund. 'Zia City, Tzeasurer shall koep such funds and the account thereof saparate and apart from wry other funds of the city, and no portion of srid funds shall, so long as way of the warrants of said improvenent district shall runain coutsts-aiding and unpaid, be uaad for any other purpose than for the payment of the principal and interest on said warranrm. Zia amount of such funds aiiall from time to tirte be deposited in such bares or banks as are designated as do-positories for the funds of said city, under the de- pository lain of the State of Idaho for - the deposit of public funds, or invested in the warrants of the city, In-wreat received on such funds so deposited or so invest- ad shall be placed to - Lho credit of "I'we fund from which it is earned. The holders of said warrants 9ha_ have no claim therefor againat the city except from the collection of the pecial assesaments Yaade for the improvement for Which said warrwits wava iLisued, but his remody in case of nonpayment shall be confined to the enforcement of such asaaesuents. All assessments Which shall' be levied ag rains t the land in said TA)uql !YT provement district shall becoria a lien upon tho lot'a, truo or pazaais of land againw. which the same axe levied, respectively, which lien shall be superior to the lien of any mortgage or other incumbrance, whether prior in tivie or not, and shall constitute such lien until paid, sub j ego T4 to the extinquishment of any such lion by the sale of any 1,)roperty on account of the non-payment of general taxes, and n.Xr 1)e foreclosed in accordance Edith the provisions of dhaptor 267, Laws of 1927, of the State of Idaho. Sec. 6. That as soon as this ordinance shall be passed- -6- 0 0 and approved and be in effect, the City Clork shall advertise for and receive bids Up011 MkLt,02ials and labor for the inatalla, tio and cons of said ir- iprovement, includirkr sewer and d2ainuge pipe, i:jid such ozhoz material as may be designated by file Cuunuil far such i1xi');'Overiont, usin--, such general terms as to i. of - r.ho- vicasst la for coupet-ition. The advertise- ment acid specificationa shall not specify the t.latcrial from ally I bidden: ixnleais do;io by the City as provided by law, with material - tu be aelectied by the City Council. All such bide shall be reae. aud opened al - , - ,he saxie tine aaa The Council e :edjecf airf or a.LI bids or xeoect as Vid in Ixxt and accept i t in part. Sec. 7. :that as soon as this'ordinaace shall be paLis- ed and approved, arid be in affect, t4ie Ociimittce an Streets to- gether Ath he City Engineer, shall determine the anount of the con Luid uq)anses of said inpxoveiaent to be assessed upon the abut tinge, oun-aiguous, and tributary lots and lamas included in sai(i cIist-;ict whall ass ®a out an assemsment roll according to law and 'the provisions of this ordinance, which shall oontain among other - d1iY4-,s the nun -ber of - Ghe asiiess.vient, the name of the oinier, if known, or if not known, that -,he sarae is unkno=, a -7- See® 8. Ali tin fifteen days after the assessment . 0 . 9 0 of LiWio, and by the provisions of this ordinance. See. 10. jl:Lj. ordinanuos, reaolutions, or parts ulereof in uonf: ict hei-eivi u5:e hereby repealed, reacinded Aatln ity .lark. APPROV PD: