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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 *ry