HomeMy Public PortalAboutOrd. 630 - LID #3ORDINANCE NO. 630
AN ORDINANCE OF THE CITY OF MCCALL, IDAHO, CREATING LOCAL
IMPROVEMENT DISTRICT NO. 3; DESCRIBING AND SETTING FORTH THE
BOUNDARIES OF SAID LOCAL IMPROVEMENT DISTRICT; PROVIDING FOR THE
ACQUISITION OF IMPROVEMENTS THEREIN; PROVIDING FOR THE PAYMENT OF
COSTS AND EXPENSES OF THE ACQUISITION OF SAID IMPROVEMENTS TO BE
ASSESSED AGAINST THE PROPERTY WITHIN THE DISTRICT BENEFITTED
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 the construction or acquisition
of 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 benefitted 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 purpose of acquiring certain public improvements as herein
set forth, and for the financing of other related expenses; and
WHEREAS, after proper publication and mailing of notice to the
owner of property within the proposed improvement district of
intent' to create Ahe proposed local improvement district, a
publi 3� ering w d by the Council on May 13, 1993, at which
hearing owner of,property within said proposed local improvement
district and other affected or interested persons had the opportu-
nity 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. 3 will be in the best
interests of the property affected and of the City;
(b) That there is a reasonableprobability that the
obligations of Local Improvement District No. 3 will be paid;
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(c) That the value of the property subject to assessment
within Local Improvement District No. 3, including the value of
improvements thereon or reasonable anticipated to be made thereon,
(such value being determined by the 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. 3; 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 May 13, 1993, 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. 3 set forth in Exhibit "A" which is
annexed hereto and by reference made a part hereof.
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. 3" ("L.I.D. No. 3"), the boundaries
of which local improvement district, all situate in Valley County,
Idaho, are particularly described in Exhibit "A" which is annexed
hereto and by reference made a part of this Ordinance (the
"Property").
Section 3: A description of the improvements to be acquired
(the "Improvements") is as follows:
(a) the necessary land and improvementsfor a nine (9) hole
addition (the "Addition") to the existing City of McCall Municipal
Golf Course and for other related recreational facilities;
(b) the necessary land and improvements for waterways,
amenities, and other items appurtenant to the Addition;
(c) the necessary land, easements, and improvements all as
needed to complete the "Eastside Bypass Road," a public road,
connecting Lick Creek Road to Deinhard Lane;
(d) the necessary land, easements, and improvements for
public roads within the boundaries of the Property;
(e) public sidewalks, pedestrian pathways, bikeways within
and/or adjacent to the Property;
(f) public sanitary sewer, potable water and drainage
improvements and facilities, as well as necessary easements and
appurtenances;
(g) necessary easements for snow removal storage necessitate
by public streets; and
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(h) such other lands, interests in land, and improvements as
are necessary or appropriate to accomplish the foregoing;
together with related improvements and costs of engineering, legal
services, publication, interest on borrowed funds, bond issuance
costs and reserves, and other related expenses.
Section 4: The costs and expenses of the acquisition of the
Improvements shall be assessed against the abutting, adjoining, and
adjacent lots and lands and other properties benefitted by the
Improvements according to the benefits derived method of
assessment, as provided by Section 50-1707, Idaho Code.
Section 5: The estimated total cost of the Improvements is
$4,500,000, the cost of which will be paid by a levy of assessments
on the property benefitted on the basis set forth in Section 4 of
this Ordinance. Said assessments may be paid in annual install-
ments of principal and interest of not to exceed thirty (30) years
or such lesser period of time as the Council shall designate. It
is the intention of the City to acquire the Improvements at their
actual cost as completed to the satisfaction of the City, in an
aggregate amount not to exceed the actual assessments to be levied
against the benefitted property within L.I.D. No. 3. No part of
the cost of acquisition of the Improvements or the other costs of
L.I.D. No. 3 shall be paid from funds of the City.
Section 6: 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 legal and financial advisors, necessary
reserves, and costs of issuance of any bonds or warrants.
Section 7: For the purpose of acquiring the Improvements for
L.I.D. No. 3 in phases as they are completed and accepted by the
City, the City reserves the right to cause to be issued, sold, and
delivered, on behalf of the City, interim warrants of L.I.D. No. 3,
which warrants shall be in such form and amounts (not exceeding, in
the aggregate., $4,500,000) 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. 3. The first proceeds of the prepayment of
assessments and the sale of Local Improvement District No. 3 bonds
are hereby pledged for the payment and redemption of the principal
and interest on each interim warrant issued pursuant hereto.
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Section 8: This Ordinance shall be published once in the
official newspaper of the City and shall take effect and be in full
force immediately upon its passage, approval, and publication.
DATED this 13th day of May, 1993.
CITY OF MCCALL
Valley County, Idaho
By
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EXHIBIT A
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N o= the NE 4 and the NE 4 of the NW 4 of Section 10, 18N,
R3E3M, Valley County, Idaho.
PARCEL I
N of the S � and the S of the N3 4 and the SE 4 of the
NW 4 of Section 10, T18N, R3E3M, Valley County, Idaho
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Excluding the property described on Page 2 of this Exhibit A.
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EXHIBIT A
Page Two
That certain parcel of land, located in the NE 1/4 of. the
NW 1/4, Section 10, T. 18 N., R. 3 E., B. M., more
particularly described as follows:
Commencing at the NW 1/16th corner of Section 10,
T. 18 N., R. 3 E., B. M., Valley County, Idaho, a
5/8 inch rebar;
Thence N. 0° 09' 08" E. a distance of 35.00 feet
along the west 1/16th line of such Section to the
real point of beginning;
Whence continuing N. 0° 09' 08" E. a distance of.
915 feet;
Thence due East a distance of 335.00 feet to a 5/8
inch rebar;
Thence S. 36° 18' 00" E. a distance of 229 feet to
a 5/8 inch rebar;
Thence S. 24° 36' 32" W. a distance of 732.68 feet;
Thence S. 0° 09' 08" W. a distance of 65 feet to a
point which lies 35.00 north of the north 1/16th
line of such Section;
Thence N. 89° 45' b2" W. a distance of 167.73 feet
to the point of beginning,
containing 6.841 acres, more or less, bearings
being based on State Mane Grid Azimuth.
located in Valley County, Idaho;
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. 4; 3 d is a true and correct
copy of an ordinance passed at a regular meeting of the Council of
McCall City held on aa,. /3 , 19 93, 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 a affixed the
officia seal of the City
of McCall, Idaho, this /7 day of
19
Arthur J Sc midt, City Clerk
(Seal of the City)