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HomeMy WebLinkAboutORD 997BILL NO 11 ORDINANCE NO. 227 BY COUNCILMAN SHORB AN ORDINANCE CREATING AND ESTABLISHING A LOCAL SEWER IMPROVEMENT DISTRICT TO BE CALLED AND KNO -1 9fli AS "LOCAL IRiPROVET4ENT DISTRICT NO. 51 FOR THE CITY OF CALDWELL, IDAHO"; DESIGNATING THE 30UNDARIES OF SAID DISTRICT AND THE POINTS BETI-&EN WHICH SAID IMPROVEMENT IS TO BE MIADE; AND PROVIDING FOR THE CONSTRUCTION OF SUITABLE SE'LIERS, DITCHES, DRAINS, CONDUITS AND CHANNELS FOR SANITARY PURPOSES WITH OUTLETS, MANHOLES, CATCH BASINS, FLUSH TANKS AND ALL OTHER SEWER, APPURTENANCES NECESSARY FOR THE COMFORT, CONVENIENCE, HEALTH AND viELL-BEING OF SAID CITY; PROVIDING THAT THE COST All!) &KPENSZ OF THE SAID IMIPROVE140T SMALL BE TAXED AND ASSESSED UPON ALL OF PROPERTY VdITHIN THE SAID IMPROVEMENT DISTRICT ABUTTING, ADJOINING, CONTIGUOUS, AND ADJACENT TO THE SAID IMPIROVE1 AND UPON THE LOTS AND LANDS BENERITE0 BY SUCH 114TROVEIIENT AND INCLUDED IN THE IM- PROVEMENT DISTRICT; PRESCRIBING THE IVETHOD OF SUCH ASSESSMIZAT AND PAY1•1ENT THEREOF DIRECTING THE CITY CLERK TO ADvER FOR AND RECEIVE BIDS FOR SUCH IVIATERIALS AS MAY BE DESIGNATED BY THE COUNCI FOa SUCH I1 1 1PROVEMENT AND OF DOING THS WORK AND LABOR FOR CON- STRUCTION OF THE SAP ; REPEALING ALL ORDINANCES, RESOLUTIONS, Of! ORDERS OR PARTS THEREOF 114 CONFLICT HEREWITH AND DECLARING AN EMERGENCY. BE IT ORDAINED by the IVIayor and Council of the City of Caldwell, Idaho: Section 1. That there be and hereby is created a local. sewer improvement district in the City of Caldwell., County of Canyon, State of Idaho, to be called and known as "Local Improvement District No. 51 for the City of Caldwell, Idaho", and that said improvement district shall consist of and include the lots and lands within the boundaries of the district, which district is described as follows, to wit: The Southeast Quarter of the Southeast Quarter of the Southeast Quarter of Section 28, Township 4 North, Range 3 vilest of the Boise Meridian. Section 2. That there shall be constructed in said Local Improvement District No. 51, the following described improvements, to wit: (1) Suitable sewers and drains for sanitary purposes and sewer appurtenances thereto, including drains, manholes, flush tanks and other sewer appurtenances. Section 3® That said improvements shall be constructed in accordance with the plans and specifications thereon on file in the office of the City Engineer of the City of Caldwell, Idaho; LA%V OFFIMIS SMITH. & MILLER CALDWELL, IDAHO and that the materials to be used in the construction thereof shall be of suitable and standard materials for such purposes. Section 4. That the full cost and expense of making the improvements described in Section 2 of this ordinance shall be taxed and assessed upon all of the property included within said Local Improvement District No. 51, as described in Section 1 of this ordinance, and the said cost and expense shall be assessed in proportion to the number of square feet of lands and lots, abutting, adjoining, contiguous, and adjacent thereto, and in- cluded in said Local Improvement District No. 51, and in pro- portion to the benefits derived by said improvement. Section 5. That the cost and expense of making the afore- said improvement, which is chargeable and will be assessed to abutting, adjoining, contiguous and adjacent property or the property benefited therefrom, as set forth in Section 3 of this ordinance, shall be payable in ten equal installments which said installments shall bear interest not exceeding the rate of seven per cent per annum, payable annually. Such assessments shall be known as special assessments for improvements. For the purpose of meeting the expenses of said improvements during the course of construction, warrants shall be issued against the funds of said district, payable to the contractor or other proper person, upon the estimates of the City Engineer, which warrants shall bear interest at the rate not to exceed seven per cent per annum, from the date of registration 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 issued in the name of the municipality, and shall be payable by their terms as nearly as may be in equal amounts, the first installments of which to mature within one year from date and the last installment of which to mature within ten years from date and shall bear interest at the rate not exceeding -2- LAW OFFICM SMITH & MILLZR CALDWELL. IDAHO seven per cent per annum, payable either annually or semi- annually, as may be determined by the City Council. Such bonds shall not be issued in excess of the contract price and expense of such improvements, including engineering and clerical services advertising, costs of inspection, costs of collecting assessments and interest upon warrants, and all legal services for preparing the proceedings and advising in regard thereto; said bonds shall be numbered consecutively from one up and shall be in such denominations as the City Council shall deem proper not exceeding Q '500.00; providing, however, that bond No. 1 may beif necessary, other than a multiple of 100.00® 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 Mayor and countersigned 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 signatures of said officers and each bond shall have the seal of the city affixed 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, created for the payment of the costs and expenses of such improvement, and not otherwise. There is hereby created in the City Treasury of the City of Caldwell, Idaho, a special fund to be known as "Local Improvement District No. 51 Fundir, which is hereby created for the payment of the costs and expenses of such improvement; and all assessments which salt be levied for the payment of the costs and expenses of the said improvement shall as collected be immediately paid into the said fund and no portion of the said fund shall., so 10 as any of the bonds of sfLd district shall remain outstanding and unpaid, be used for any other purpose than for the payment LAW OFFICES SMITH & MILLER CALDWELL. IDAHO of the principal and interest of said bonds® The holders of said bonds shall have no claim therefor, against the city except from the collection of the special assessments made for the improvemen for which said bonds were issued; this remedy, in case of non- payment, shall be confined to the enforcement of such assessments and a copy of Section 50-2935, Idaho Code, shall be plainly written, printed or engraved upon the face of each bond so issued. All assessments which shall be levied against the land in said local improvement district shall become a lien upon lots, tracts or parcels of land against which liens shall take preced- ence over all other liens and may be enforced and foreclosed in accordance with the provisions of Chapter 29, Title 50, of the Idaho Code® 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 unpaid bonds in said district to pay the principal of one or more bonds, the treasurer shall call in and pay such bonds in their numerical order, lowest number first, which call shall be made by publication in the official newspaper of the City of Caldwell, and shall state the bond numbers (giving the serial numbers of the bonds called) which will be paid on the dayl the next interest on said bonds shall become due, and interest on said bonds shall cease upon said date. Section 6. As soon as this ordinance shall be passed and approved, and be in effect, the Committee on dater and Sewer, together with the City Engineer, shall determine the amount of the costs and expenses of said improvements and to be assessed upon the abutting, adjoining, contiguous and adjacent lots and lands included in said district, and shall make out an assess- ment roll according to law and the provisions of this ordinance, which shall contain among other things, the number of the assessments, the name of the owners if know, or if not known, that the name is unknown, a description of said tract assessed MC LAW OFFfC SMITH & MILLER CALDWELL. IDAHO 6 1 0 and the total amount of the assessment; and the total cost and expense of said improvement to be so assessed shall 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 29 of Title 50, Idaho Code, and following the hearing the City Council shall pass an order, approving and confirming said assessment roll as originally filed or as corrected by them, and their decision and order shs be a final determination of its regularity, validity, and correct ness of said assessment roll, of each assessment therein containe 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 29 of Title 50, Idaho Code, and annually thereafter the Council shall levy a special assessment against the property within said district sufficient to redeem the bonds in said district next maturing, together with interest falling due upon all bonds then outstanding; such assessment shal be made upon the property chargeable for the costs 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 installment® Section 7® Within fifteen days after the assessment roll shall have been confirmed by the Council, the City Engineer shall prepare and file with the City Clerk a map of the improve= ment district showing each piece of property separately assessed, according to the description in the assessment roll, and shall number each piece of property shown on said map with the corres- ponding number of the assessment on said roll. Section 8® That said Committee on Water and Sewer, the City Engineer and the City Council shall be governed in the preparation, approval and confirmation of such assessment roll by the provision of Chapter 29, Title 50, of the Idaho Code, and . LAW 0 FFCCG SMITH & MILLER CALDWELL, IDAHO 0 0 by the provisions of this ordinance. Section 9. All ordinances, resolutions, orders or parts thereof, in conflict herewith are hereby repealed, rescinded and annulled. Section 10. This ordinance shall be in full force and effect from and after its passage, approval and publication according to law. PASSED By the Council this 21stday of September, 1962. APPROVED By the Mayor this 21stday of September, 1962. yor ATTEST: y Clerk By: Deputy Clerlcj v IM LAW OF ego SMITH & MILLER CALDWELL, IDAHO