HomeMy Public PortalAboutOrd. 668 - Creating LID #4ORDINANCE NO. 668
AN ORDINANCE OF THE CITY OF MCCALL, IDAHO, CREATING LOCAL
IMPROVEMENT DISTRICT NO. 4; 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 street improvements, and
other related expenses; and
WHEREAS, by adoption of Resolution No. 18-94 on June 9, 1994,
the Council expressed its intention to create a local improvement
district for the purpose of financing the costs of such
improvements; and
WHEREAS, afterproper 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. 4 will be in the best
interests of the property affected and of the City;
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(b) That there is a reasonable probability that the
obligations of Local Improvement District No. 4 will be paid;
(c) That the value of the property subject to assessment
within Local Improvement District No. 4 (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. 4; 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 June 30, 1994, 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. 4 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. 4" ("L.I.D. No. 4"), 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: water system
improvements, consisting of water main installation and/or
replacement, valves, residential water service connections, and
installation of fire hydrants; street improvements consisting of an
extension of Flynn Lane east from its current eastern terminus
approximately 1000 feet, then south to a connection with Strawberry
Lane, including grading and gravel base; 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 the benefits derived method of assessment, as provided by
Section 50-1707, Idaho Code, determined as follows:
(A) Costs of water system improvements shall be divided into
172 equal shares. Except as provided below, each separately deeded
lot or parcel shall be assessed one share of the total cost of
water improvements.
1. Any lot or parcel already being provided water
service from City water mains along Lick Creek Road
and Pilgrim Creek Road shall be assessed one-fourth
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(1/4) of one share of the cost of water
improvements.
2. Lots or parcels which are located within the
Payette Lakes Water and Sewer District and for
which more than one sewer connection is authorized,
based upon the Payette Lakes Water and Sewer
District's approved density map or by an approved
density variance, shall be assessed one full share
of the cost of water improvements for each
authorized sewer connection.
(B) The costs of the Flynn Lane Street extension shall be
assessed to the lots and parcels directly adjacent to the street
extension based on a combination of lot size and front footage,
fifty percent on the basis of lot size and fifty percent on the
basis of lot frontage, with the frontage portion of corner lots to
include the longer frontage only.
Section 5: Said Improvements are additional improvements.
Section 6: The estimated cost of the Improvements is
$527,100, 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.
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. 4 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. 4, 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. 4, which warrants shall be
in such form and amounts (not exceeding, in the aggregate,
$527,100) as the Council may hereafter provide by resolution, which
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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. 4. The
first proceeds of the prepayment of assessments and the sale of
Local Improvement District No. 4 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 28th day of July, 1994.
CITY OF MCCALL
Valley County, Idaho
By
ATTEST:
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Mayor
EXHIBIT "A"
Description of portions of section 3, T.18 N., R.3 E., B. M.:
Those portions of the NW 1/4 SW 1/4, the NE 1/4 SW 1/4, the NW 1/4 SE 1/4, the SW 1/4 SE
1/4, and the S 1/2 SW 1/4 of Section 3, T.18 N., iR.3 E., B. M., lying south of the southerly line
of Ponderosa State Park, as shown on a record of survey filed in the office of the Valley County
Recorder in Book 2 on page 88A; west of the easterly line of Pilgrim Cove Rd, as shown on the
Plat of the C-Way Subdivision, filed in book 6, page 23, and the plat of the D & S Subdivision,
filed in book 5, page 32; north of the northerly line of Lick Creek Road; and east of the west line of
Carrico Road, but excluding 19th Hole Estates and excluding those certain seven lots on Lick
Creek Road with no frontage on Chipmunk Lane, being more particularly described as follows:
Beginning at the point of intersection of the easterly line of Carrico Road with the northerly line of
the NW 1/4 SW 1/4 of said section 3, said point being in the southerly line of said Ponderosa State
Park, and being a point located S. 89° 44'O1" E., 25.00 feet from the west 1/4 corner of said
section 3;
Thence S 89° 44' 01" E., 2564.92 feet along said northerly line of the NW 1/4 SW 1/4 and of the
NE 1/4 SW 1/4 of Section 3, being along the southerly line of said Ponderosa State Park, to the
center 1/4 corner of said section 3;,
Thence S 89° 39' 51" E., 261.11 feet along said southerly line of said Park, and along the
northerly line of the NW 1/4 SE 1/4 of said section 3, to the point of intersection of said line with
the easterly line of Pilgrim Cove Road;
Thence S. 0° 13' 39" W., 694.35 feet along said easterly line of Pilgrim Cove Road, being along
the westerly lines of Lots 25, 26, 36 and 1 of the C-Way Subdivision, to the southwest corner of
said Lot 1;
Thence N. 89° 46' 21" E., 10.00 feet along the southerly line of said Lot 1 of the C-Way
Subdivision to the northwest corner of Lot 6 of the D & S Subdivision;
Thence S. 0° 13' 39" W., 660.00 feet along the westerly lines of Lots 6, 5, 4, 3, 2, and 1 of said
D & S Subdivision, being along the easterly line of said Pilgrim Cove Road and continuing across
Lick Creek Road to a point in the southerly line of said Lick Creek Road;
Thence N 0° 13' 39" E. back across Lick Creek Road to a point in the northerly line of such Lick
Creek Road.
Thence westerly 300 feet or more along the northerly line of Lick Creek Road to a point where
such line turns southwesterly;
Thence southwesterly a distance of 875 feet more or less along such northerly line of Lick Creek
Road to the southwesterly corner of a first certain lot, now or lately the property of Bonna Joan
Todeschi, which southwesterly corner lies northeasterly 820 feet more or less along such northerly
line from the southeasterly corner of 19th Hole Estates;
Thence northerly along the westerly property line' of such first certain lot 110 feet more or less to
its point of intersection with the southerly lot line of a second certain lot adjacent to its west, now
or lately the property of James Brown;
Thence westerly along such southerly lot line of such second certain lot a distance of 100 feet more
or less to the southwesterly corner of such second certain lot, a point on the east property line of a
third certain lot adjacent to the west of the second certain lot, now or lately the property of Bryan
Brunzell;
Thence southerly 30 feet more or less along such ;easterly property line of such third certain lot to
that certain point which is the southeasterly corner of such third certain lot;
Thence westerly along the southern boundary of such third certain lot and the southern boundary in
turn of a fourth and fifth certain lot, now or lately the property of Charles Foster and of Conrad
Schade, respectively, a distance of 300 feet, more or less, to the easterly lot line of a sixth certain
lot, now or lately the property of Grant Kingsford;
Thence southerly along the easterly boundary of such sixth certain lot a distance of 130 feet, more
or less to the northerly line of Lick Creek Road;
Thence southwesterly along such north line of Lick Creek Road a distance of 103 feet, more or
less, to the southwest corner of such sixth certain lot;
Thence northerly along the westerly lot line of such sixth certain lot a distance of 140 feet, more or
less, to the southeasterly corner of a seventh certain lot adjacent to the west of such sixth certain
lot, and now or lately the property of William Killen;
Thence westerly along the southerly lot line of such seventh certain lot and the southerly lot line of
an eighth and a ninth certain lot, now or lately the 'property of Hugh Pierce and of Preston
Nicholes, respectively, a distance of 315 feet, mor or less, to the southwesterly corner of such
ninth lot, a point on the easterly boundary of 19th Hole Estates;
Thence northerly a distance of 150 feet, more or less, along the east boundary of such 19th Hole
Estates, and thence westerly a distance of 835 feet, more or less, along the north boundariy of such
19th Hole Estates to the northwest corner of such subdivision, a point on the easterly line of
Carrico Road;
Thence N. 0° 08' 59" E., 35 feet, more or less, along such easterly line across Chipmunk Lane to
a point in the northerly line of Chipmunk Lane;
Thence N. 89° 45' 09" W. 15.06 feet along such northerly line of Chipmunk Lane to the point of
intersection of same with the easterly line of Carrico Road;
Thence N 0° 08'59" E., 1137.78 feet along said easterly line of Carrico Roadto the point of
intersection of same with the northerly line of said NW 1/4 SW 1/4, being the point of beginning;
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. 668 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 28, 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 29th day of July 1994.
ames H. Henderson, City Clerk