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HomeMy WebLinkAboutORD 693RILL NO. cnix.ofa NO. By AN 0RJ)IJTAJVCR OR - G qr-M� I _EATING Ar ESTA'OTJZSITI�,�J A LOCAL S- - BT ZYPROV ',�'M'.'T DISTRICT TO 'RE CAL147T &ND KNOWN AS BLOCAL STR7ET IT 'POVV1`EV DISTRICT NO, 17 FOR TBE CITY Cr CAIXTVT.LT,, IDAHO"; DESIGNATUTC' TH• 9TRM'TS A17D ATMITUES AND POINTS "n,UEF7 WHICH SAI'? IN?FOV.BVBNT IS TO ',';E MADE; A? l, PROVI107NG FOR M C0YSTRTJ'C`-' TMT OF MM", TUTTF?S, AM' STREET AND ALLEY VA11,22YS 17 SAT7 DISTRICT WITY EXCEPTIONS TH.MTO STATM A7L 'PROVIDING FOR THE SU GRP-DING, AND OILING OF TFE SMETS AIM AVVYTTES mFFPvIN; PROVIT- TVIAT Tgr . I A , (,'OqT AYD FXPXFSV OF TV'F SAID IT!PPO1,VT-7`T SITALL 'nil: TAX TM MY' A"ESS' 10 UPON ALL OF THE PROPERTY 'dITHIY 'i"FE SAID IPTROVYT`�!IFT DTK"PICT A713TTING, ADJOINIFG, COX­ TIGUOUS, AND ADJACEITT TO TFE, PORTION OF SAID ST%RE.- ANIP An!' q0 JVPROV•D; !"PESCRIRMG "'FE 1 . 1 9TjOI) OF SUOH AT"S '-SqVrTT A1 PAYPUT TF7T.740F; DIRECTING THE CITY CLERM TO ADVERTISE FOR AND RRONVE AIDS FOR SiCH MATERIALS AS VAY 'PV DESIC-7, 'PV THY COTYNTCIL FOR STICH IMPROMMU AXD OF DOING THE4 1 A175 LA'POR POR COT; STRUCT107 OF THE SA�V,E; REPEALING ALL ORDIVATIVS, PESCLUTIOYS, OF O7DXRS OR 1-'ARTS VE IN COFFLICT HEREi'j'ITF LN-D DECURIM AIT E-: -PE IT ORDAIM 'RY TIM "AY6 ATM C-01MCIL CP THE CITY OF Caldwell, i Idaho*, Section 1. That there be and hereby is created a local street Improvement district in the City of Caldwell, County of Canyon, State of Idaho, to be called and known as "Local Street IL�arovement District No. 17 for the City of Caldwell, Idpho", and thpt said im district shall consist of and include all the - oroperty abutting, adjoining, contiguous, and. adjacent to the following named streets and avenues of the City of Caldwell, Idaho, between the pointr hereinafter naned to P. diFtance back from such streets ancl avenues, if platted in blocks to the center of the block, if platted In lots to the center of the lot, and. If not platted a distance of one hundred twenty -five feet, spid streets Fnd nven'.=es are as follows, to-wit, gain Street from its intersection with llth Avenue, to its intersection with 12th Avenue; Arthur Street from its intersection with lltb Avenue to and including its intersection with 21st Avenue; Blaire Street from its intersection with 20th Avenue to and including its intersection with 21st Avenue; 10th Avenue from its intersection with Arthur Street to its intersection with Maine Street; Ilth Avenue from its intersection with 1 Street to Its intersection with Blaine Street; 12th Avenue from its intersection with Vain Street to its intersection with Arthur Street; Each Of 1 3th Avenue, 14th Avenue, 15th Avenue, 16th Avenue, 1 7th Avenue, 19th Avenue, 19th Avenue, and 20th Avenue from the intersection of each of these Avenues with Arthur Street to the inter- section with ei=ch of t� Avenues with 'qlaine Street. 21st Avenue from its intersection with Arthur Street to its intersection with Cleveland 'Roulevard. Section, 2. That there shell be constructed in said Local Street Improvement District No. 17, the following described improvements, to-wit: (1) Curbs and gutters end street and alley valleys on all of the streets and avenues named in Section I of this ordinance, between the points on said streets and avenues as designated in said Section I excepting; those portions of streets and avenues where curbs or gutters or street or alley valleys are now in place and excepting the Southeasterly side of 21st Avenue from its intersection with Arthur Street to it intersection with 'Plaine Street; (2) SurfzAcJ'_n.-, grading, and oiling of all the streets end avenues named in Section I of this ordinance, between the points on said streets and avenues as designated in said Section 1. That said improvements shall be constructed between the said described points in accordance with the plans and A thereof on file in the office of the City Zrpineer of the City of Celdwell, Idaho; that the materials to he used in the construction of the curbs and gutters, street and alley valleys shall be Portland cement concrete and the materials to be used in the surfacing, grading, end oiling of said streets and avenues shall be earth, gravel, end oil. section 3. That the full cost and expense of making the im described in Section P of this ordinance, including the intersections, shall be taxed and assessed upon all of the property included within said Local Stres,t lm District ITo. 17, as described in Section 1 of this ordinance and as*(! cost and e"ense shall be assessed in proportion to the number of square feet of lands and. lots, O. utting, adjoining, contiguous, and adjacent thereto, and included in said Local Street Improvement District No. 17, And in Proportion to the benefits derived. by svid improvement; - provided, that each lot shall be assessed only its proportionate share of the costs of the particular improvement iiade in fr( of si:tch lot, and its proportionate share of the costs and expenses of such improvement in the spaces formed by the junction of two or more streets sand. avenues, or where two streets and avenues terminate or cross another street or Pxenue, and also a drains at street crossings or cross - walks, shall be levied. end assessed agpinst such lots in proportion to the total nunber of square feet in said improvement district; provided., further that when any such improvement is rade on one side of the certer line of said streets or avenues, the lots or lends, or portions thereof fronting on that side only shall be assessed to cover the costs and expenses of said imorovements; and that there shall be paid, -nd Vnere is Ifereby author- ized to be naid, out of the general fund of the said City of Caldwell the sum of $_/IU ?d —, being the proportionate part of the costs and eymenses of such improvements, which should be assessed to the lots and lands 'belonging to the City of Caldwell abutting, adjoining, and adjacent to the following streets and. avenues, to-wit: Arthur Street between llth and 12th Avenues. Section 4, That the cost and. expense of making the aforesaid improvement, including intersectinns, which is chargeable and will be assessed to the abutting, adjoining, contiguous, adjacent or approximate property, as set forth in Section 3 of this ordinance., shall be payable in ten ecual annual inst6llwents which said installments shall bear interest not exceeding. -3- 0 0 the rate of - per cent per amnmi, payable annually. Such assessments shall be known as special assessments for improvements. For the purpose of moeting the expenses of spdd improvement during the course of its construction, wprrants shall be issued against the funds of said district, paarable to the contractor or other proper person, upon estimates of the City Engineer, which wtrra.nts shall beer interest at the sate not to exceed 14-- 'per cent per annum from the date of the regis- tration thereof until redeemed, and which'warrants shall be redeemed and retired from the proceeds of sale of bonds of such district, which bonds shall be isslued in the name of the municipality, and shall be - payable by their terms as nearly as may be in equal annual a-mounts, the first Install- ment of which to mature within one year from date and the last irstallment of which to mature within ten years from date and shall bear interest at the rate of not exceeding . per cent per annum, p ayable either annually or semi-annually, as may be determined by the City Council. Such bonds shall not he issued in excess of the contract price and expense of such improvements, including engineering End clerical services, advertisinf costs of inspection, costs of collecting assessments, and interest upon warrants, and all legal services for preparir-g the proceedings and advising in regard thereto: said bonds shall be numbered consecutively from one up end shall be in the denomination of 1 , , ' 500 exce bond number one, which may be for such odd amount not less than $100.00, as may be necessary and proper. Coupons shall be attached to said bonds for each annual or semi-annual installment of Interest; each bond and coupon shall be signed by the T�iayor and counter- signed by the City Treasurer and attested by the City Clerk; provided, however, that such coupons may, in lieu of being signed, have printed thereon the facsimile of the sigmatures, of said officers, and asch bond shall have the steal of the city affixed thereto end shall refer to the Improvement District for the payment of which the seme 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, created for the payment M ■ 0 of the costs and expenses of such improvement, and not oti- There is hereby created in the City Treasury of the City of Caldwell, Idaho, a speci&l fund to be known as Local Street Improvement District No, 17 Fund, w:-.ich is hereby created for the payment of the costs end expenses of such improvement; and all assessments which shall be levied for the payment of the costs and expenses of the said Improvement shall, as collected, be immediately -vaiE into the said fund and no portion of the sold fund shall, so long as any of the bonds of said district shall remain outstanding and unpaid, be used for any other purpose than for the payment of the principal and interest of said bonds. The holders of said bonds shall have no claim, therefor, against the city exce from the collection of thespecial assessments made for the ip,.2)rovement for which said bonds were issued; this remedy, in crse of non—payment, shall be confined to the enforaeT,ient of such assessments, and a copy of Section 4 9-2535, Idaho Code Annotated, 1932, shall be plainly written, printed or engraved upon the face of each bond so issued. All assescrients which shall be levied against the lend in said. local Improvement district shall become a lien upon lots, tracts or parcels of land against which liens shall take precedence over all other liens and way be enforced, and foreclosed in accordance with the - provisions of Chapter 25, Title 4 0 , of the Idaho Code Annotated, 1932- Whenever there shall be sufficient money in the fund of said district over and above the amount sufficient for the payment of interest on all - unusid bonds in said district to pa; r y the ,-) incipal of one or more bonds the Treasurer -hall call in and pad such bonds in their numerical order, lowest number first, which shall be made by publicatzon in the official newepkner of the City of Caldwell, and shall state the bond numbers (giving the serial numbers of t.h.e bonds called) which will be paid on the day the next interest on said bonds shall become due, and interest on said bonds shall cease upon said. date. Section 5. As soon as this ordinance shall be passed and ap* . oroved, end be In effect, the Co4mittee on Streets together with the City Engineer shall determine the amount of the costs and expenses of said improvement to be assessed upon the abutting, adjoining, contiguous, and adjacent lots and, lands included in said district, aid shall make out an assessment roll according, to low and the provisions of this ordinance, which shall contain among other things the number of the assessments, the name of the owners If knowr., or if not known. that the name is unknown, a description of said tract assessed. and the total amount of the assessment; and the total cost and expense of said improvement to be so assessed sliall be divided into ten equal installments. Said assessment roll shall be certified to the City Council and filed with the City Clerk, and notice of hearing thereon shall be given, and hearing thereon had as provided in Chapter 25 of Title 49 of the Idaho Code Annotated, 1932, and following the hearing the City Council shall pass an order, approving bnd confirming said assessment roll as originally filed or as corrected by them, and their decision and order shall be a final determination of its regularity, validity, and correctness of said assessment roll, of etch assessment contained therein, and the amount thereof levied upon each lot. piece or parcel of land within the said improvement district subject only to appeal as :provided by Chapter 25 of Title 49, Idaho Code Annotated, 1 932, and annually thereafter the Council shall levy a s rssessnent against the property within seAd district sufficient to redeem r the bonds in said district next maturing, together with interest failing due upon all bonds then outstpnding; such assessment shall be made upon the nroiiert7 chargeable for the costs of such improvements, respectivel,7r; and the basis upon which the first install— ment of the assessment is levied shall. be retp.ined for the assessment of the succeeding installment. section 6. Within fifteen days after the assessment roll shall have been confirmed by the Council, the City Engineer shall prepere and file with the City Clerk a map of the improvement district showing each Niece of property separately azzessed, according to the description in • .1 1 the assessment roll, and shall number each piece of property shown on said map with the corresponding number of the assessment on said roll. Section 7. That said. Committee on. Streets, the City Engineer and the City Council shall be governed in the preparation, ap and confirmation of such assessment roll by the provision of Chapter 25, Title 49, Idaho Code Annotated, 1433, Pnd by the provisions of this ording,ree. Section S. All ordinances, resolutions, orders, or parts thereof, in conflict herewith are hereby remezled, rescinded, rr)E annulled. Section . This ,rdinancp shall be in full force and effect, from and after its possage, ar'.�roval and publication according to law. PASSED by the Council this 27th day of January, A.D., 19 7- APPROVED by the Vpyor this 27th day of January, A.D., 1 9 4 7• Ra City of Csldw I County of Canyon, State of daho. ATTEST: Clerk of the City of Caldwell, County of Canyon, State of Idaho.