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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; Page 1 (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 Page 2 (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 Page 3 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: Page 4 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