HomeMy Public PortalAboutOrd. 651 - LID #2 Creation of Riverside SUBr-.
ORDINANCE NO. 651
AN ORDINANCE OF THE CITY OF MCCALL, IDAHO, CREATING LOCAL
IMPROVEMENT DISTRICT NO. 2; 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 sewer, water, and 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 September 9, 1993, and
continued to October 14, 1993, 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. 2 will be in the best
interests of the property affected and of the City;
Page 1
"
( b ) T h a t t h e r e i s a r e a s o n a b l e p r o b a b i l i t y t h a t t h e
o b l i g a t i o n s o f L o c a l I m p r o v e m e n t D i s t r i c t N o . 2 w i l l b e p a i d ;
( c ) T h a t t h e v a l u e o f t h e p r o p e r t y s u b j e c t t o a s s e s s m e n t
w i t h i n L o c a l I m p r o v e m e n t D i s t r i c t N o . 2 ( s u c h v a l u e b e i n g
d e t e r m i n e d b y t h e c u r r e n t a s s e s s e d v a l u a t i o n o f s u c h p r o p e r t y f o r
a d v a l o r e m t a x p u r p o s e s a s s h o w n b y t h e r e c o r d s o f t h e A s s e s s o r o f
V a l l e y C o u n t y , I d a h o ) e x c e e d s t h e s u m o f t h e e s t i m a t e d c o s t s t o b e
a s s e s s e d a g a i n s t t h e p r o p e r t y i n c l u d e d i n L o c a l I m p r o v e m e n t
D i s t r i c t N o . 2 ; a n d
( d ) T h a t t h e C o u n c i l h a s h e a r d , c o n s i d e r e d , a n d p a s s e d u p o n
a n y p r o t e s t s w h i c h w e r e f i l e d i n w r i t i n g i n a d v a n c e o f t h e h e a r i n g
h e l d a n d c o n d u c t e d o n S e p t e m b e r 9 , 1 9 9 3 , a n d c o n t i n u e d t o
O c t o b e r 1 4 , 1 9 9 3 , a s m o r e f u l l y s e t f o r t h i n t h e p r o c e e d i n g s o f
s a i d h e a r i n g , a n d a l l o f s u c h p r o t e s t s a r e h e r e b y o v e r r u l e d , e x c e p t
t o t h e e x t e n t r e f l e c t e d i n t h e d e s c r i p t i o n o f t h e b o u n d a r i e s o f
L . I . D . N o . 2 s e t f o r t h i n E x h i b i t " A " w h i c h i s a n n e x e d h e r e t o a n d
b y r e f e r e n c e m a d e a p a r t h e r e o f .
S e c t i o n 2 : T h e r e i s h e r e b y e s t a b l i s h e d a n d c r e a t e d a l o c a l
i m p r o v e m e n t d i s t r i c t w i t h i n t h e C i t y , t o b e k n o w n a n d d e s i g n a t e d a s
" L o c a l I m p r o v e m e n t D i s t r i c t N o . 2 " ( " L . I . D . N o . 2 " ) , t h e b o u n d a r i e s
o f w h i c h l o c a l i m p r o v e m e n t d i s t r i c t , a l l s i t u a t e i n V a l l e y C o u n t y ,
I d a h o , a r e p a r t i c u l a r l y d e s c r i b e d i n E x h i b i t " A " w h i c h i s a n n e x e d
h e r e t o a n d b y r e f e r e n c e m a d e a p a r t o f t h i s O r d i n a n c e .
S e c t i o n 3 : A d e s c r i p t i o n o f t h e i m p r o v e m e n t s t o b e
c o n s t r u c t e d ( t h e " I m p r o v e m e n t s " ) i s a s f o l l o w s : r e p l a t o f
s u b d i v i s i o n i n o r d e r t o p r o v i d e a d e q u a t e r i g h t o f w a y f o r w a t e r a n d
s e w e r i m p r o v e m e n t s ; s e w e r i m p r o v e m e n t s , c o n s i s t i n g o f i n s t a l l a t i o n
o f a n 8 - i n c h s e w e r c o l l e c t i o n l i n e ; w a t e r s y s t e m i m p r o v e m e n t s ,
c o n s i s t i n g o f a l o o p e d w a t e r s y s t e m c o n n e c t i n g t o e x i s t i n g w a t e r
l i n e s a n d i n s t a l l a t i o n o f w a t e r h y d r a n t s , t o g e t h e r w i t h s t r e e t
s u r f a c e r e p a i r a s n e e d e d ; a n d c o n s t r u c t i o n o f a b i c y c l e p a t h ;
t o g e t h e r w i t h r e l a t e d i m p r o v e m e n t s a n d c o s t s o f e n g i n e e r i n g , l e g a l
s e r v i c e s , p u b l i c a t i o n , i n t e r e s t o n b o r r o w e d f u n d s d u r i n g
c o n s t r u c t i o n , b o n d i s s u a n c e c o s t s a n d r e s e r v e s , a n d o t h e r r e l a t e d
e x p e n s e s .
S e c t i o n 4 : T h e c o s t s a n d e x p e n s e s o f t h e I m p r o v e m e n t s s h a l l
b e a s s e s s e d a g a i n s t t h e a b u t t i n g , a d j o i n i n g , a n d a d j a c e n t l o t s a n d
l a n d s a n d o t h e r p r o p e r t i e s b e n e f i t e d b y t h e I m p r o v e m e n t s a c c o r d i n g
t o t h e b e n e f i t s d e r i v e d m e t h o d o f a s s e s s m e n t , a s p r o v i d e d b y
S e c t i o n 5 0 - 1 7 0 7 , I d a h o C o d e . A p p r o x i m a t e l y o n e - h a l f o f t h e t o t a l
c o s t w i l l b e a s s e s s e d i n a p p r o x i m a t e l y e q u a l s h a r e s t o e a c h
b e n e f i t e d l o t o r p a r c e l . A p p r o x i m a t e l y o n e - h a l f o f e a c h a s s e s s m e n t
w i l l b e b a s e d o n t h e s e r v i c e s t o b e p r o v i d e d t o t h e a s s e s s e d l o t o r
p a r c e l .
P a g e 2
Section 5: Said Improvements are additional improvements.
Section 6: The estimated total cost of the Improvements is
$155,000, approximately $145,000 of the cost of which will be paid
by a levy of assessments on the property benefited on the basis set
forth in Section 4 of this Ordinance, and the remainder of which,
representing a general benefit to the City, will be paid from City
funds. 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 fifteen (15) 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, 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. 2 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.
Section 9: For the purpose of paying any contractor for the
cost of the Improvements for L.I.D. No. 2, 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. 2, which warrants shall be
in such form and amounts (not exceeding, in the aggregate,
$145,000) 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. 2. The
first proceeds of the prepayment of assessments and the sale of
Local Improvement District No. 2 bonds are hereby pledged for the
payment and redemption of the principal and interest on each
interim warrant issued pursuant hereto.
Page 3
Section 10: 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 loth day of February, 1994.
CITY OF MCCALL
Valley County, Idaho
Page 4
EXHIBIT "A"
The boundaries of the local improvement district encompass the
following -described real property, all situate in the City of
McCall, Valley County, Idaho:
All of Blocks 1, 3 and 4 and Lots 1, 2, 3, 4,
5, 6, 7, 8, 9, 30, 31, 32, 33, 34, 35, 36, 37
and 38 of Block 2 of the Riverside Subdivision
in the City of McCall, Helmich Street, Jacobs
Street, Rice Street, and portions of Scott
Street, Mission Street and Simmons Street,
together with a strip of land 55.00 feet wide
along the easterly side of said Riverside
Subdivision.
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. Z ,5-% is a true and correct
copy of an ordinance passed at a regular meeting of the Council of
McCall City held on j i c , 19 %/, 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 / Ste` day of
r' , 19% .
Arthur J. midt, City Clerk
(Seal of the City)
Publisher's Affidavit of Publication
STATE OF IDAHO
.SS
County of Valley
I, Ramona A. George, 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 651, a copy of which Is enclosed hereto and is a
part hereof, was published in said newspaper once a week for one consecutive
week in the regular and entire issue of every number there of during the period
of time of publication, and was published in the newspaper proper and not in a
supplement; and that publication of such notice began February 24, 1994 and
ed February 24, 1994.
Subs • I•ed and sworn before m=Qj•s T;Z4th day of February, 1994.
STATE OF IDAHO
COUNTY OF VALLEY •
On this 24th day of February, In the year of 1994, before me, a
Notary Public, personally appeared Ramona A. George, 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
acknowledged to me that she executed the same. �.
Tom Grote
Notary Public for Idaho
Residing at McCall, Idaho
Commission Expires: 1999
i, iTHEREIN;
;140 PREP.
AND SPE
NG:.4,W
c
set, AN ORDI ANCB:AOF' THE:...
�CCAIX IDAHO, .CREATRA% ;C
PROS DISTRI, NO,� _;,
SCRIBI;NNGM SETTIN FORT .,.,
7e13011NDAR "OEt SAID,F LOCAL IMF
�PROVEME DISTRICT;';;PROVIDING
'F_ ORTHEI OVEMENTS/TOBEMADE
1NTING Ab ENGINREIU
THE NECESSARY PLANS
TIONS FOICTHE WORK;
AUTHORIZII THEADVERTISING FOR
$IDS FOR SAI WORK AS AUTHORIZED
$Y LAW; PROVIDING FOR,TTHE Pi2Y-
•MENT OF COSTS AND EXPENSES; OF
•.,SAIDIMPROVEM. EMS TO BEASSESSE D
FL' AGAINST THE PROPERTY MITfIIN TIi$`• ,
DISTRICT BENEFITED
THE METHOD OF ASSESS Y PROD
VIDING FOR
IMPROVEMENT
WARRANTS,
OTHER Mk
WHERT3A§,' ' OitY agtiFC.01061lleY,j
County. Idalro thtl' "City'�,j
corporation'organined and ope g under he
haws of'the State of Idaho andiCiathotized by:'
Itlabb Codentle 4ff,Vhapter 17;16 crest local
improvement, diettielts for public u prove- ,
raents,. and to finance said impproveinsnts by
the issuance and sale of local imptoytment
diibiet bonds or warrants, which or
entrants are payable solely from ents
upon the property benefited by said improve-
ments; and
2r WHEREAS the tty Council (the 4Coun-
eih of the City:* determined that it is in the
best interests of fltitGitrand iteresidenta, and
of. the ro P partyl Itttd.rttsidents within 'thee pro-
posed local Improveineet district, to create a
•w: r., ,
ANCE OF LOCAL
ISTRIGTa:BONDS •AND
PROV,IDINkFOR
LATED THBgETo '
local improvement district for the ew _' '
!i..?tion of certain sewer, water, and',
• Improvements, and other related expensa akd
.y WHEREAS, after propeklublication .'
Ala* iling of notice to the_owrtega of
grithin the propose& improvetriient dram9
Intention tocreate theproposedIpCalini "
resent district, a public hearin$g wee held y
game it on September 9,1993, snd coati .
to'Octgber 14, 1993, at wiiich. bearing ;
renideata and owners of property itithirr sal
Proposed local improvement disttiOrid'`
opportunity to protest thnlerriniffen I of'.
local improvement district r •
s, NOW, THEREFORE;BEITORDAI
>i BY THE MAYQR�AND f70UNCIL' OF TiiB
C1TY 4Coui�ceZ hete¢y Snds end
declares' ir,, . r3
(a).•(l'hat Loci) Improvement District Nbt
will be fin the best interests ofithte property
affected and of the City, F' v• . r
(byThat there is a reasonable probabili
that the obligations of LObid Improvern
District No. 2 wRibe paid. t •<a ..
, (C) That the vibe of the property subject
meet withitr"_:Local Improvement D1r~+
ct Nol. (such value beindi dote inninedlry
curie* assessed valuahoA ttf such property
for• ad telorem tax purposes:0J shown by the'
,tio" ordstiftheAssessorofValley County;ld W)
1trceeds'the sum of the estinfated costa *bef;,
assessed against the pro includedA i
cal improvement Distnd , 72; and ? j�
(d) That the Council has helid, consider*`
,�yttpd passed upon any protests which were €ileeisifk
writing in advance of the h ' g held nrid
vs, nducted on September 9eln
, tined to October 14, 199,, as more?
astforth in the proceedinggss of 414hearin&
all of such protests are he everruled,`
eifid to the extentieflected in as* Escrippic
tp,Egbbirii±dariWOf L.I.D No 24ct fo.
1 ibit•"A" which is annexed' eto as
tefyieacemadiihiart hereof. "!"; •
; ';Section2: There is hereby eediblished.
zcreated a local improvement distrietwithir
;City, to be known and designatttltas "
sltpprovement District No. 2" ("LIP: No:"
,A boundaries orwhich local improve :
district,all situateip,Valieyy,Countdy,�ttlahl
��ypltrtiwlarly desexltied in Eithibit �C'whicl„
tinnexed hereto and by reference made a part ..
:tliis Ordinance.
Section '3: A description of the improve-
ments to beconstructed (the "Improvements')
is as follows: replat of subdivision in order
to provide adequate right of way for water and
sewer improvements; sewer improvements,
consisting of installation of an 8-inch sewer
collection line; water system improvements,
consisting of looped water system connecting
to existing water Imes and installation of water
hydrants, together with street surface repair as
needed; and construction of a bicycle path;
together with related improvements and costs
of engineering, legal services, publication,
interest on borrowed funds, during construct
Lion, bond issuance costs';and reserves;;,and,
, other related expenses.. :'i.
Section 4, The costs and nses of the
Improvement+sht7l-;tie'assagainst the
abutting, adjohd g, and acentlots and
and tither p flat'
ntellta e^ idethod
of assessmeat, as<.ptovided'by Saxian;50- -,'
1707, Idaho Code f ''1
the .total cast will ba: � a pot
mately, etpiil shores to each benefitedlot or
en
parcel. 'Appsoxtmtafely�ono-balf of eaCii
sessmt w,d1,1 e'$a$eil oe tlte=setvicea fa' �bt'�
€..� ieettdnte Said improvem nts are addi-
tional improvettieats-I
Section bis-Tlie estitnatedtotk cost of'the
Improvements is:5155;000,-,approximately
$145,000 of the cost:of which will be paid by a
levy of assessments on the property benefited
on the basis set forth' in Section 4`df this
Ordinance, and the remainder of which, repre-
senting a general benefit to the City, will be
paid from City funds. Said assessmeats,may
be paid in annual installments of prineipidand
interest, over a period which tray be less than
but which shall not exceed frfteep'(15) yOrs, as
shall be determined..by the itot
otherwise paid as pioiiided
Section 7: Costs and expenses agsessed as
herein Provided shall include the contract price
of the JmProvetnema; anginatinE'ind *Oat
services, advertising, costa of inspection; -costs
of collecting assessments, interest on any war-
rants issued, legal services for preparing the
proceedingsandmadvising withregardthet+to, •.
setvioes=:of financial advridra neoessdty tt�
r _aetves;' said costs of issuance of any bonds or ;
warrants. •, i,
Y: on 8: Tootk-Ortbn'Fatgtneeri
—Co., of Boise, Idabel iiliereby appointed as
engineer for L.I.D. No. 2 and shall Prepare the
necessary plans, specifications, add advertise-
ment for bids:•for the,•c Abetiq -,
Advertisement-'forbidifor;sudt*Orltilinlibe ''
published and contracts awarded in a000tdance
-with Section 504110,'id l o'Code.
Section 9 'For the purpose of paying: any
contractor for the cost of the Improvementafor
. LLD. No. 2, or otherwise defraying any of the
costs of the Improvements as they become due,
the Mayor, the City_ Treasurer, and the City
perk are hereby authorized:and directed to
ca+ iDtbepitieds=sold; and delivered, on
'behalf of the'City, interim wanants:of,LLD. •
No. 2, which.warLanta ilial be*Ittdkiform
and amounts (ndt,exdeeding,'in"'the aggre
gate, $145,000) as the Council may hereafter
provide by resolution, which warrants shall be
redeemed and paid in full,_together with any
accrued and: unpaid interest thereop,;frOin th6
proceeds of the sale df the bon& Ott iep' r'epty=- .
meat of misesaments of LLD: No.-.2.:-?The first
proceeds of the prepayment of assettnents and
the sale of Loeallmprovettient,District Nd: 2
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 pub-
lished once in the official newspaperOftheCity
and shall take effect and be in:full &tee imme-
`:.diately_.upon its passage,...approval, and
ablication - -
DATED riaa W.4.ay of February.1994 •
i3 7 OF MC GALL . , ;
eyy'l
:VVrTliaea� rien,.
flt-WA thurJ.'Schmi
_ a,• t7frthCrll7Cal llnp[O.V�At:. �
xencmssthefollowing-descrfbedteal
, all situate inthe City of McCall,
of Blocks 1, 3 and 4 and Lots 1, 2, 3, 4,
5, 6, 7, 8, 9, 30, 31, 34, 33, 34.35, 36,37 and38 •
of Block 2 of in the
City of McCall;Hehnich Street, Jaabb's Street,
Rice Street, and portions of Scott Stfeet;' Mis-
sion Street and Simmons Street; together with
a strip of land 5500 feet wide along the easterly
side of said Riverside Subdivision. 1t2/24