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HomeMy Public PortalAboutOrd. 667 - Creating LID #5" ORDINANCE NO. 667 AN ORDINANCE OF THE CITY OF MCCALL, IDAHO, CREATING LOCAL IMPROVEMENT DISTRICT NO. 5; 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 water and sewer improvements, and other related expenses; and WHEREAS, by adoption of Resolution No. 14-94 on June 2, 1994, the Council expressed its intention to create a local improvement district for the purpose of financing the costs of such improvements; 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 June 30, 1994, 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. 5 will be in the best interests of the property affected and of the City; Page 1 " (b) That there is a reasonable probability that the obligations of Local Improvement District No. 5 will be paid; (c) That the value of the property subject to assessment within Local Improvement District No. 5 (such value being 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. 5; and (d) No protests were filed in writing in advance of the hearing held and conducted on June 30, 1994. 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. 5" ("L.I.D. No. 5"), 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. Section 3: A description of the improvements to be constructed (the "Improvements") is as follows: installation of domestic water service improvements, including water mains, valves, hydrants, and connections; installation of sanitary sewer service improvements, including sewer mains, pressure lines, connections, and lift station; 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 expenses of the 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 the front -foot and square -foot methods of assessment, fifty percent (50%) on the basis of the frontage of each benefited parcel, and fifty percent (500) on the basis of the area of the benefited parcel, frontages of corner lots to be determined by using a single frontage of the larger dimension, as provided by Section 50-1707, Idaho Code. Section 5: Said Improvements are additional improvements. Section 6: The estimated cost of the Improvements is $225,500, all 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. 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 ten (10) 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. 5 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. 5, 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. 5, which warrants shall be in such form and amounts (not exceeding, in the aggregate, $225,000) 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. 5. The first proceeds of the prepayment of assessments and the sale of Local Improvement District No. 5 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 in full force immediately upon its passage, approval, and publication. DATED this 14th day of July, 1994. CITY OF MCCALL Valley County, Idaho By .ta.,A.1A4t.cLA Mayor Page 3 DESCRIPTION OF LOCAL IMPROVEMENT DISTRICT #5 BOUNDARIES EAST HIGHWAY 55 LID Two noncontiguous parcels of land in the SW 1/4 SE 1/4 of Section 16. Township 18 North Range 3 East, Boise Meridian. City of McCall, being described as follows: THE FIRST: BEGINNING at the point of intersection of the easterly right -of -wad- line of State Highway No. 55 with the southern sideline of Jacobs Street; thence, 1) S.89°37'41"E., 342.80 feet along the southerly sideline of Jacobs Street, being along the northerly lines of the Gabel and Payette Lakes Water and Sewer District properties to the Northwesterly corner of said Payette Lacks Water and Sewer; thence 2) S.17°50'30"E., 342.80 fed along the easterly line of the lands of Payette Lakes Water and Sewer District, Acheson. Swain and Jones: thence, 3) S.15°27'56"E., 594.91 fed along the eastern line of the Spradling property and the easterly line of the Spradling and Johnson property to a point on the northerly sideline of Krahn Lane; thence, 4) S.89°23'23"W., 344.04 fed along the southerly line of the Spradling and Johnson property, being the northerly line of said Krahn Lane to the point of intersection of same with the easterly right -of wny of said State Highway No. 55; thence, 5) N.16°43'13" W., 1297.09 feet along said easterly right -of --way line, being along the westerly line of the Spradling and Johnson, the Spradling, the Jones. the Swain. the Acheson, the Rountree and the Gabel properties to the POINT OF BEGINNING. THE SECOND: All of Airport Business Park Subdivision as shown on the official plat thereof. EXHIBI.T "A" w • • City of McCall Certificate of Recording Officer State of Idaho ) ) County of Valley ) I, the undersigned, the duly appointed, qualified, City Clerk of the City of McCall, 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 the City of McCall, Idaho, and that I am the statutory custodian of all laws, ordinances and resolutions of said City. 2. That the attached Ordinance No. 667 is a true and correct copy of an ordinance passed at a regular meeting of the Council of the City of McCall held on July 14, 1994, 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 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 7th day of August 1994. James H. Henderson, City Clerk Publisher's Affidavit of Publication STATE OF IDAHO .SS County of Valley I, Ramona A. French, 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 NO. 667, 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 was published in the newspaper proper and not in a supplement; and that publication of such notice began July 21, 1994 and ended July 21, 1994. Subs ribed and sworn befor: me this a 21 st day of July, 1994. STATE OF IDAHO COUNTY OF VALLEY • On this 21 st day of July, in the year of 1994, before me, a Notary Public, personally appeared Ramona A. French, 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: 1999 • ORDINANCE NO. 667 AN ORDINANCE OF, THE CITY OF MCCALL, IDAHO, CREATING LOCAL' IMPROVEMENT DISTRICT NO. 5; DE- SCRIBING AND SETTING FORTH THE BOUNDARIES OF SAID LOCAL IM- PROVEMENT DISTRICT: PROVIDING FOR THE IMPROVEMENTS TC P THEREIN: APPOINTING AN 10 PREPARE THE NECESSARY PLANS AND SPECIFICA:;O: FOR THE WORK; AUTHORIZING THE ADVERTISING FOR BIDS FOR SAID WORK AS AUTHORIZED BY LAW; PROVIDING FOR THE PAY- MENT OF COSTS AND EXPENSES OF SAID IMPROVEMENTS TO BE ASSESSED AGAINST THE PROPERTY WITHIN THE DISTRICT BENEFITED THEREBY AND THE METHOD OF ASSESSMENTS; PRO- VIDING FOR THE ISSUANCE OF LOCAL IMPROVEMENT DISTRICT BONDS AND WARRANTS; AND PROVIDING FOR OTHER MATTERS RELATED THERETO WHEREAS, the City of McCall, Valley Count.. 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 improve- ments, and to finance said improvements by the issuance .and sale of local improvement district bonds ..o0maii'ants; -which bonds or warrants are payable solely from assessments upon zlit by said improve- ments; and M1 WHEREAS, the City Council (the "Coun- cil') of ilieCity has determined that it is in the best interests of the City and its residents, and of the property and i esidents withufthe posed local improvement district, to create a local improvement district for the construction of certain water and sewer improvements, arid other related expenses; and WHEREAS, by adoption of Resolution No. 14-94 on June 2, 1994, the Council ex- pressed its intention to create a local improve- ment district for the purpose of financing the ;,,. costs of such improvements; 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 improve-. ment district, a public hearing was held by the Council on June 30, 1994, 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 QF THE CITY OF MCCALL, IDAHO, as follows: Section 1: The Council hereby finds and declares: :-.(a) That Local Improvement District No. 5 will be in the best interests of the property affected and of the City; .(b) That there irreastnatileiprobability =.t1aE":;tfie obligations"" of lgiel `Impiov'ement District No. 5 will be paid; (c) That the value of the property subject to . assessment within Local ,:Improvement Dis- trict No. 5 (such value being determined by the current assessed valuation of such property for ad valorem tax purposes at shown by the records of the Assessor of Valley County, Idaho) exceeds the sum of the estimated Costs' id be assessed against the property included in Local Improvement District No. 5; and (d) No protests were filed in writing in advance of the hearing held and conducted on June 30, 1994. 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. 5" ("L.I.D. No. 5"), 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. ....,Section 3: A description of the improvements to be constructed (the "Im provements") is as follows: installation of domestic water service improvements, includ- ing water mains, vah es. hydrants, and connec- tions: installation of sanitary sewer service imr-•.vements, including sewer mains. pres- sur. .::-,nr:ections,yand lift tauon, to- gether with related improvements and costs of engineering, legalservices, publication, inter- est on borrowed funds during construction, 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 adjacent lots and lands and other properties benefited by the Improve- ments according to a combination of the front - foot and square -foot methods of assessment, fifty percent (50%) on the basis of the frontage of each benefited parcel, and fifty percent(50%) on the basis of the area of the benefited parcel, frontages of _comer lots to be determined by using a single frontage of the larger dimension, as provided by Section 50-1707, Idaho Code. Section 5: Said Improvements are addi- tional improvements. Section 6: The estimated cost of the Improvements is $225,500, all of which will be-r, paid by a levy of assessments on the property benefited on the basis set forth in Section 4 of this Ordinance. Saidassessmei tsma be_paid of the Improvements, engineering and clerical services, advertising, costs of inspeeion,posts of collecting acsPcsments, iuterestiinany war- ranM issued,-legalseivices'for preparing the proceedings and hi advising with regard thereto, services of financial advisors, necessary re- serves, 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. 5 and shall prepare the necessary plans, specifications, and advertise- ment for bids for the consttiietion 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. 5, or otherwise defraying any of the costs of the Improvements as they become due, the Mayor, the City Treasuter,"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. 5, which warrants shall be in such form and amounts (not 6:et:edirig, in the aggre- gate, $225,000) as the Council may hereafter provide by resolution, which warrants shall be redeemed and paid in full, together;with anyy. accrued and unpaid interest thereoiOriiit ithe,a?i proceeds of the sale of the Bonds qr the piepa}' ment of assessments of LLD: No. 5. The first proceeds of the prepayment of assessments and the sale of Local Improvement District No. 5 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 offidalnewspaperof the City and shall take effect and be in full force imme- diately upon its passage, approval, and publica- tion. DATED this 14th day of July, 1994. CITY OF MCCALL Valley County, Idaho By Dean Martens, Mayor ATTEST: James H. Henderson, City Clerk DESCRIPTION OF LOCAL IMPItOVE- MENT DISTRICT #5 BOUNDARIES EAST HIGHWAY 55 LID Two noncontiguous parcels of land in the SW 1/4 SE 1/4 of Section 16. Township 18 North, Range 3 East, Boise Meridian, City of McCall, being described as follows: THE FIRST: BEGINNING at the point of intersection of the easterly right-of-way line of State Hi_hwav No 55 with the southem sideline of j:;ccos Street; thence. 1) S 89°37'41"E., 342.80 feet along the southerly sideline of Jacobs Street, being along the northerly lines of the Gabel and Payette Lakes Water and Sewer Distiictooperties to the Northwesterly &o der of said Payette lakes Water and Sewer,; thence 2) S 17°50'30"E., 342 30 feet along the easterly line of the lands of Payette Lakes Water and Sewer District, Acheson Swain and Jones: thence. 3) S 15°27'S6"E., 594.91 feet along the easterly line of the Spradling property and the easterly line of the Spradling and Johnson property, to a point on the northerly sideline of Krahn Lane; thence, 4) S 89°23'23"W., 344.04 feet along the southerly line of the Spradling and Johnson property, being the northerly line of said Krahn Lane to the point of intersection of same with the easterly right-of-way of said State Highway No 55; thence, 5) N 16°43'13" W., 129799feet along said yy easterly right-of-wayline,tieipgi(ongthe west - in annual installmehtsdfp cpalRandttiteteat, *:erlyline of the Spradling and Johnson, the over a period which may be less than but 'which Spradling, the Jones, the Swain, the Acheson, shall not exceed ten (10) years, as shall be the Rountree and. the Gabel properties "to, the determined by the Council if not otherwise APO O, ' Section 7. Costs and expenses assessed as All of Airpo'tYBiismess Park Subdivision herein provided shall include the contract price as shown on the official plat thereof. lt7/21