HomeMy Public PortalAboutOrd. 612 - LID #1-Creating of Lake Forest SUBORDINANCE NO. 612
AN ORDINANCE OF THE CITY OF MCCALL, IDAHO, CREATING LOCAL
IMPROVEMENT DISTRICT NO. 1; DESCRIBING AND SETTING FORTH THE
BOUNDARIES OF SAID LOCAL IMPROVEMENT DISTRICT; PROVIDING FOR THE
IMPROVEMENTS TO BE MADE THEREIN; APPOINTING AN ENGINEER TO PREPARE
THE NECESSARY PLANS AND SPECIFICATIONS FOR THE WORK; AUTHORIZING
THE ADVERTISING FOR BIDS FOR SAID WORK AS AUTHORIZED BY LAW;
PROVIDING FOR THE PAYMENT OF COSTS AND EXPENSES OF SAID
IMPROVEMENTS TO BE ASSESSED AGAINST THE PROPERTY WITHIN THE
DISTRICT BENEFITED THEREBY AND THE METHOD OF ASSESSMENTS; PROVIDING
FOR THE ISSUANCE OF LOCAL IMPROVEMENT DISTRICT BONDS AND WARRANTS;
AND PROVIDING FOR OTHER MATTERS RELATED THERETO
WHEREAS, the City of McCall, Valley County, Idaho (the
"City"), is a municipal corporation organized and operating under
the laws of the State of Idaho and is authorized by Idaho Code
Title 50, Chapter 17, to create local improvement districts for
public improvements, and to finance said improvements by the
issuance and sale of local improvement district bonds or warrants,
which bonds or warrants are payable solely from assessments upon
the property benefited by said improvements; and
WHEREAS, the City Council (the "Council") of the City has
determined that it is in the best interests of the City and its
residents, and of the property and residents within the proposed
local improvement district, to create a local improvement district
for the construction of certain street improvements, and other
related expenses; and
WHEREAS, after proper publication and mailing of notice to the
owners of property within the proposed improvement district of
intention to create the proposed local improvement district, a
public hearing was held by the Council on July 9, 1992, at which
hearing the residents and owners of property within said proposed
local improvement district had the opportunity to protest the
formation of the local improvement district.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF MCCALL, IDAHO, as follows:
Section 1: The Council hereby finds and declares:
(a) That Local Improvement District No. 1 will be in the best
interests of the property affected and of the City;
(b) That there is a reasonable probability that the
obligations of Local Improvement District No. 1 will be paid;
(c) That the value of the property subject to assessment
within Local Improvement District No. 1 (such value being
Page 1
determined by the current assessed valuation of such property for
ad valorem tax purposes as shown by the records of the Assessor of
Valley County, Idaho) exceeds the sum of the estimated costs to be
assessed against the property included in Local Improvement
District No. 1; and
(d) That the Council has heard, considered, and passed upon
any protests which were filed in writing in advance of the hearing
held and conducted on July 9, 1992, as more fully set forth in the
proceedings of said hearing, and all of such protests are hereby
overruled, except to the extent reflected in the description of the
boundaries of L.I.D. No. 1 set forth below.
Section 2: There is hereby established and created a local
improvement district within the City, to be known and designated as
Local Improvement District No. 1" ("L.I.D. No. 1"), the boundaries
of which local improvement district are generally described as
coterminous with the boundaries of the Lakeforest Subdivision of
the City of McCall, Valley County, Idaho, according to the recorded
plat thereof.
Section 3: A description of the improvements to be
constructed (the "Improvements") is as follows: upgrade the
streets in Lakeforest Subdivision to an asphalt pavement surface,
including reshaping of existing roadways and borrow ditches,
installation of three inches of new base material, installation of
three inches of pug mill mix, and adjustment of manholes and water
valves to finish grade, together with related improvements and
costs of engineering, legal services, publication, interest on
borrowed funds during construction, bond issuance costs and
reserves, and other related expenses.
Section 4: The costs and expensesofthe Improvements shall
be assessed against the abutting, adjoining, and adjacent lots and
lands and other properties benefited by the Improvements according
to a combination of front foot and square foot method of
assessment, with approximately 50% of the cost being based on the
front foot method and 50% on the square foot method.
Section 5: Said Improvements are additional improvements.
Section 6: The total estimated cost of the Improvements is
$80,000.00. Approximately $7,350.00 will be paid by the City,
representing the amount of benefit to the general public resulting
from the Improvements. The balance of the cost will be paid by a
levy of assessments on the property benefited on the basis set
forth in Section 4 of this Ordinance. Said assessments may be paid
in annual installments of principal and interest, over a period
which may be less than but which shall not exceed thirty (30)
years, as shall be determined by the Council, if not otherwise paid
as provided by law.
Page 2
Section 7: Costs and expenses assessed as herein provided
shall include the contract price of the Improvements, engineering
and clerical services, advertising, costs of inspection, costs of
collecting assessments, interest on any warrants issued, legal
services for preparing the proceedings and in advising with regard
thereto, services of financial advisors, necessary reserves, and
costs of issuance of any bonds or warrants.
Section 8: Toothman-Orton Engineering Co., of Boise, Idaho,
is hereby appointed as engineer for L.I.D. No. 1 and shall prepare
the necessary plans, specifications, and advertisement for bids for
the construction thereof. Advertisement for bids for such work
shall be published and contracts awarded in accordance with Section
50-1710, Idaho Code. In order to assure that the work will be
performed at the lowest cost, the City reserves the right to submit
a bid to perform the work with its own employees and equipment, and
to reject any and all bids and to rebid, or to have the work
performed by day labor as provided in Section 50-341, Idaho Code.
Section 9: For the purpose of paying any contractor for the
cost of the Improvements for L.I.D. No. 1, or otherwise defraying
any of the costs of the Improvements as they become due, the Mayor,
the City Treasurer, and the City Clerk are hereby authorized and
directed to cause to be issued, sold, and delivered, on behalf of
the City, interim warrants of L.I.D. No. 1, which warrants shall be
in such form and amounts (not exceeding, in the aggregate, $72,650)
as the Council may hereafter provide by resolution, which warrants
shall be redeemed and paid in full, together with any accrued and
unpaid interest thereon, from the proceeds of the sale of the bonds
or the prepayment of assessments of L.I.D. No. 1. The first
proceeds of the prepayment of assessments and the sale of Local
Improvement District No. 1 bonds are hereby pledged for the payment
and redemption of the principal and interest on each interim
warrant issued pursuant hereto.
Section 10: This Ordinance shall be published once in the
official newspaper of the City and shall take effect and be infull
force immediately upon its passage, approval, and publication.
DATED this 9th day of July, 1992.
Cit
Page 3
Clerk
CITY OF MCCALL
Valley Coup f Idaho
By
Mayor
STATE OF IDAHO )
COUNTY OF VALLEY)
CERTIFICATE OF RECORDING OFFICER
ss
I, the undersigned, the duly appointed, qualified, City Clerk of
McCall City, Idaho, do hereby certify the following:
1. That pursuant to the provisions of Section 50-207, Idaho
Code, I keep a correct journal of the proceedings of the Council of
McCall City, Idaho, and that I am the statutory custodian of all laws,
ordinances and resolutions of said City.
2. That the attached Ordinance No. (y/g. is a true and correct
copy of an ordinance passed at a regular meeting of the Council of
McCall City held on ,,�Q �j , 19 9oZ , and duly recorded in my
office; and
3. That said regular meeting was duly convened and held in all
respects in accordance with law and to the extent required by law, due
and proper notice of.such meeting having been given; that a legal
quorum was present throughout the meeting and that a legally
sufficient number of members of the Council of McCall City voted in
the proper manner and for the passage of said ordinance; and that all
other requirements and proceedings incident to the proper adoption and
passage of said ordinance have been duly fulfilled, carried out and
observed; and that I am authorized to execute this certificate.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the City of McCall, Idaho, this /P day of
,
(Seal of the City)
Arthur J. Simidt, City Clerk
Publishers Affidavit of Publication
STATE OF IDAHO
.Ss
County of Valley
I, Bobette S. Steffler, being duly sworn and say, I am the receptionist
of The Central Idaho Star -News, a weekly newspaper published at McCall, in
the County of Valley, State of Idaho; that said newspaper is in general
circulation in the county of aforesaid and is a legal newspaper; that the
NOTICE OF ORDINANCE 612, a copy of which is enclosed hereto and is a
part hereof, was published in said newspaper once a week for one consecu-
tive week in the regular and entire issue of every number there of during the
period of time of publication, and . -s-published-in the newspaper proper and
not in a supplem t; and th •ublication of such nod a began July 16, 1992
a d-en red Jul , 1992.
S •scribed an•s •rn •e ore j - ' the •th day of July, 1992.
STATE OF IDAHO /
COUNTY OF VALLEY
}
On this 16th day of July, in the year of 1992, before me, a Notary
Public, personally appeared Bobette S. Steffler, known or identified to me to be
the person whose name subscribed to the within instrument, and being by me
first duly sworn, declared that the statements therein are true, and acknowl-
edged to me that she executed the same.
Tom Grote
Notary Public for Idaho
Residing at McCall, Idaho
Commission Expires: 1993
ORDINANCE NO. 612
( AN ORDINANCE OF THE CITY OF
McCALL, IDAHO, CREATING LOCAL'
IMPROVEMENT DISTRICT NO. 1;
DESCRIBING AND SETTING FORTH
THE BOUNDARIES. OF SAID LOCAL
IMPROVEMENT DISTRICT;
PROVIDING FOR THE IMPROVE-
MENTS TO BE MADE THEREIN;
APPOINTING AN ENGINEER TO
PREPARE THE NECESSARY PLANS
AND SPECIFICATIONS FOR THE
WORK; AUTHORIZING THE ADVER-
TISING FOR BIDS FOR SAID WORK
AS AUTHORIZED BY LAW;
PROVIDING FOR THE PAYMENT OF
COSTS AND EXPENSES OF SAID
IMPROVEMENTS TO BE ASSESSED
AGAINST THE PROPERTY WITHIN
THE DISTRICT BENEFITED THEREBY
AND THE METHOD OF ASSESS-
MENTS; PROVIDING FOR THE
ISSUANCE OF LOCAL IMPROVE-
MENT DISTRICT BONDS AND
WARRANTS; AND PROVIDING FOR
OTHER MATTERS RELATED THERE-
TO
WHEREAS, the City of McCall,
Valley County, Idaho (the "City"), is a.
municipal corporation organized and
operating under the laws of the State of
Idaho and is authorized by Idaho Code
Title 50, Chapter 17, to create local im-
provement districts for public improve-
ments, and to finance said improvements
by the issuance and saleof local im-
provement district bonds or warrants,
which bonds or warrants are payable
solely from assessments upon the prop-
, erty benefited by said improvements;
and_-- — -- —
"WHEREAS, the City Council (thee
"Council") of the City has determined
that it is in the best interests of the City
and its residents, and of the property
and residents within the proposed local
improvement district, to create a local
improvement district for the construction
of certain street improvements, and
other related expenses; and
WHEREAS, after proper publication
i and mailing of notice to the owners of
property within the proposed improve-
ment district of intention to create the
proposed local improvement district, a
public hearing was held by the Council
on July 9, 1992, at which hearing the
residents and owners of property within
said proposed local improvement dis-
trict had the opportunity to protest the
formation of the local improvement dis-
trict. ,
NOW, THEREFORE, BE IT
ORDAINED BY THE MAYOR AND
COUNCIL OF THE CITY OF McCALL,
IDAI-iO, as follows:
• Section 1: The Council hereby finds
and declares:
(a) That Local Improvement District
•No. 1 will be in the best interests of•the
property affected and of the City;
(b) That there is a reasonable prob-
ability that the obligations of Local
Improvement District No. 1 will be
paid;
(c) That the value. of the property
subject to assessment within Local
Improvement District No. 1 (such value
being determined by the current assessed
valuation of such property for ad val-
orem tax purposes as shown by the
records of the Assessor of Valley
County, Idaho) exceeds the sum of the
estimated costs to be assessed against
the property included in Local
Improvement District No. 1; and
(d) That the Council has heard, con-
sidered, and passed upon any protests
which were filed in writing in advance
of the hearing held and conducted on
July 9, 1992, as more fully set forth in
the proceedings of said hearing, and all
of such protests are hereby overruled,
except to the extent reflected in the de- ..
scription of the boundaries of L.I.D. No.
1 set forth below.
Section 2: There is hereby estab-
lished and created a local improvement
district within the City, to be known
and designated as "Local Improvement
District No. 1" ("L.I.D. No. 1"), the
boundaries of which local improvement
district are generally described as
coterminous with the boundaries of the
Lakeforest Subdivision of the City of
McCall, Valley County, Idaho, accord-
ing to the recorded •plat thereof. -•
Section 3: A description of the im-
Frovements to be constructed (the
Improvements") is as follows: upgrade
the streets in Lakeforest Subdivision to
an asphalt pavement surface, including
reshaping of existing roadways and
borrow ditches, installation of three
inches of new base material, installa-
tion of three inches of pug mill mix, and
adjustment of manholes and . water
valves to finish grade, together with
related improvements and costs of engi-
neering, legal services, publication, in-
terest on borrowed funds during construc-
tion, bond issuance costs and reserves,
and other related expenses.
Section 4: The costs and expenses of
the Improvements shall be assessed
against the abutting, adjoining, and ad-
jacent lots and lands and other proper-
ties benefited by the Improvements ac-
cording to a combination of front foot and
square foot method of assessment, with
approximately 50% of the cost being
based on the front foot method and 50%
on the square foot method.
- Section 5: Said Improvements are
additional improvements.
Section 6: The total estimated cost of
the Improvements is $80,000.00.
Approximately $7,350.00 will be paid
by the City, representing the amount of
benefit to the general public resulting
from the Improvements. The balance of
the cost will be paid by a levy of
assessments on the property benefited on
the basis set forth in Section 4 of this
Ordinance. Said assessments may be
paid in annual installments of principal
and interest, over a period which may
be less than but which shall not exceed
thirty (30) years, as shall be determined
by the Council, if not otherwise paid as
provided by law. -
Section 7: Costs and expenses assessed
as herein' provided shall include the
contract price of the Improvements,
engineering and clerical services, ad-
vertising, costs of inspection, costs of
collecting assessments, interest on any
warrants issued, legal services for
preparing the proceedings and in
advising with regard thereto, services
of financial advisors, necessary
reserves, and costs of issuance of any
bonds or warrants.
Section 8: Toothman-Orton
Engineering Co., of Boise, Idaho, is
hereby appointedas engineer for LLD.
No. 1 andshallprepare the necessary
plans, specifications, and advertisement
for bids for the construction thereof..
Advertisement for bids for such work
shall' be published and contracts
awarded in accordance with Section 50-
1710, Idaho Code. In order to assure that
the work will be performed at the low-
est cost, the City reserves the right to
submit a bid to perform the work with
its own employees and equipment, and to
•ct any and all bids and to rebid, or to
have the work performed by day labor
as provided in Section 50-341, Idaho
Code.
Section 9: For the purpose of paying
any contractor for the cost of the
Improvements for L.I.D. No. 1, or other-
wise defraying any of the costs of the
Improvements as they become due, the
Mayor, the City Treasurer, and the City
Clerk are hereby authorized and di-
rected to cause to be issued, sold, and de-
livered, on behalf of the City, interim
warrants of L.I.D. No. 1, which war-
rants shall be in such form and amounts
(not exceeding, in .the aggregate,
$72,650) as the Council may hereafter
provide by resolution, which warrants
shall be redeemed and paid in full, to-
gether with any accrued and unpaid in-
terest thereon, from the proceeds of the
sale of the bonds or the prepayment of
assessments of L.I.D. No. 1. The first
proceeds of the prepayment of assess-
ments and the sale of Local
Improvement District No. 1 bonds are
hereby pledged for the payment and re-
demption of the principal and interest
on each interim warrant issued pursuant
hereto.
Section 10: This Ordinance shall be
published once in the official newspa-
per of the City and shall take effect and
be in full force immediately upon its
passage, approval, and publication.
DATED this 9th day of July, 1992.
CITY OF McCALL
Valley County, Idaho
By L. A. Smith, Jr.
Mayor
ATTEST:
Arthur J. Schmidt
City Clerk 1t7/16
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