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456435 ORDINANCE NO. 2001-04 AN ORDINANCE OF THE CITY OF MOSCOW, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, CREATING LOCAL IMPROVEMENT DISTRICT NO. 128; DESCRIBING AND SETTING FORTH THE BOUNDARIES OF SAID LOCAL IMPROVEMENT DISTRICT; PROVIDING FOR CERTAIN IMPROVEMENTS BEING MADE THEREIN; APPOINTING AN ENGINEER TO PREPARE THE NECESSARY PLANS AND SPECIFICATIONS FOR THE WORK; AUTHORIZING THE ADVERTISING FOR BIDS FOR SAID IMPROVEMENTS AS AUTHORIZED BY LAW; PROVIDING FOR THE PAYMENT OF COSTS AND EXPENSES OF SAID IMPROVEMENTS TO BE ASSESSED AGAINST THE PROPERTY WITHIN THE LOCAL IMPROVEMENT DISTRICT BENEFITED THEREBY AND THE METHOD OF SUCH ASSESSMENTS; PROVIDING FOR THE ISSUANCE OF LOCAL IMPROVEMENT DISTRICT WARRANTS AND/OR BONDS; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE OF TIDS ORDINANCE. WHEREAS, the Moscow City Council (Council) is of the opinion that it is in the best interest of the owners of property and of the inhabitants within the area and in the best interest of the City and the citizens thereof that a Local Improvement District be formed and the proposed improvements as thercmafter described be constructed; and WHEREAS, it appears that the City Clerk did mail a copy of the Notice of Resolution of Intention and of Hearing to each owner within the proposed District, and that an Affidavit of Mailing of Notice to create said Local Improvement District is on file in the office of the City Clerk and Notice of Resolution of Intention was published in the Daily News as required by law; WHEREAS, THE COUNCIL FINDS that the District will be in the best interest of the property affected and the municipality, that there is reasonable probability that the obligations of such District will be paid, and the value of the property within the proposed District is sufficient to support the costs of the improvements. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MOSCOW, LATAH COUNTY, IDAHO AS FOLLOWS SECTION 1: There is hereby created and established a Local Improvement District in the City of Moscow, Latah County, Idaho, to be known as "Local Improvement District No. 128." The project consists of construction of earthwork, aggregate base, curbs, sidewalks, retaining walls, steps, driveways, and plant mix pavement surfacing on Street between Lieuallen Street and Lilly Street, together with related improvements and costs and expenses of engineering, legal services, bond issuance costs, reserves, and other related expenses within the corporate limits of said City of Moscow as described in Exhibit attached hereto and hereby made a part hereof SECTION 2: The Council finds that all of the expenses of the Project are of special benefit and that all of the expense shall be defrayed by special assessments. The costs and expenses of the Project will be assessed against the abutting, adjoining and adjacent lots and lands along or upon which such improvements are to be made and upon lots and lands benefited by such improvements and included in the District to be created as follows: The project consists of construction of earthwork, aggregate base, curbs, sidewalks, retaining walls, steps, driveways, and plant mix pavement surfacing on Street between Lieuallen Street and Lilly Street All street related construction and sidewalk costs will be assessed in proportion to the benefits derived by each lot in the District, which benefits will accrue to all lots in equal measure. Any individual work which specifically benefits a particular lot will be paid by that property owner. Ordinance Creating LID 200 l h04 February 20, 2001 ---PAGE BREAK--- 456435 A. It is the opinion of the Council that this method of assessment is equitable and reasonably based on benefits each parcel shall derive from such improvements: however, the Council reserves the right to assess or reassess said properties according to law. B. The estimated cost of the proposed Project is TWENTY FOUR THOUSAND, THREE HUNDRED EIGHTY-FIVE AND 45/100 DOLLARS ($24,385 45), ONE HUNDRED PERCENT (100%) of which will be paid for by the levy of assessments on the property benefited. None of such costs and expenses will be paid from the general funds of the City or from any other source. Any assessment may be increased by not more than 20%. Said assessments shall be paid in ten ( 10) equal annual installments as nearly as possible, if not otherwise paid as provided by law. SECTION 3: The City Engineer of the City of Moscow is appointed as Engineer for the Project and shall prepare the necessary plans and specifications for the construction of the improvements. SECTION 4: The work of making the improvements shall be performed by contract let to the lowest responsible bidder after publication of Notice of Advertisement of Bids has been made as provided by law, which advertisement is hereby authorized and directed to be made by the City Cleric SECTION 5: That to provide for the immediate payment of the improvements herein provided for, pending the payment of the installments on assessments hereinabove provided for, the City may issue registered warrants or bonds as provided in Title 50, Chapter 17, Idaho Code. For the purpose of making pa;ments for said improvements as the same are installed, prior to the issuance or sale of bonds, the Council may issue interim warrants against the Improvement District payable to the contractor or other persons upon the estimate of the Engineer for the City bearing interest not in excess of allowable limitations as determined by the Council, which warrants, together with interest thereon to the date of the issuance of bonds, if issued, shall be redeemed and retired by the proceeds of assessments paid in full and proceeds of the sale of said bonds. SECTION 6: That all matters and things done and performed in regard to the creation of said Local Improvement District, the Local Improvement District Code of Idaho, and each and all of the provisions thereof in regard to all of said matters and in all matters concerning the creating of the improvement District and the doing of the improvements and payments thereof are hereby expressly incorporated as a part of the Ordinance. SECTION 7: This Ordinance shall take effect and be in full force upon its passage, approval and publication in one issue of the Daily News, a newspaper of general circulation in said City, published at Moscow, Idaho, and being the official newspaper thereof PASSED under suspension of the rules upon which a roll call vote was duly taken :md duly enacted an Ordinance of the City of Moscow, Idaho, at a special meeting of the Council held February 20, 2001. PASSED AND APPROVED this 20"' day of February 2001 Ordinance Creating LID 200 l ·04 ---PAGE BREAK--- 456435 EXHIBIT "A Beginning at the southwest comer of the Street and Lieuallen Street intersection; said point beiug situated in the southeast quarter of Section 7, T.39 R5W B.M. and also being the northeast comer of Lot 22, Block 6 ofLieuallen's Fourth Addition to the City of Moscow, Latah County, Idaho; thence north 60 feet across Street to the north right-of-way line of Street and the southwest comer of Lot 6 Block 2 of said Highland View Addition; thence north 160 feet along the west line of Lot 6 Block 2 to the northwest comer of Lot 6 Block 2; said comer being on the south right-of-way of Residence Street; thence east 20 I feet along the south right-of-way of Residence Street to a point east 31 feet of the northwest comer of Lot 3 Block 2 ofHigbland View Addition; thence south 160' feet along a line parallel to the west line of said Lot 3 to a point on the north right-of-way line of Street; said point also being the southwest comer of Lot 2 Block 2 of Highland View Addition; thence south 60 feet across Street to the south right-of-way line of Street and the northwest comer of Lot 18 Block 5 of Lieuallen's Fourth Addition; said comer also being on the east line of a 16 fuot alley; thence south 5 5 feet along the west line of said Lot 18 and the east line of said alley to a point north 5 feet of the southwest comer of said Lot 18 Block 5; thence west 16 feet across said alley to a point on the west line of the alley; said point being south 15 feet of the northeast comer of Lot 2 Block 5 ofLieuallen's Fourth Addition; thence south 5 feet along the west line of said alley; thence west 185 feet along a line parallel to the south line of said Lot 2 and across Lieuallen Street to a point on the west right-of-way line of Lieuallen Street, said point being south 20 feet of the southeast comer of Lot 22 Block 6 of said Lieua!len's Fourth Addition; thence north 60 feet along the west right-of-way of Lieuallen Street to the southeast comer of the and Lieuallen Street intersection and the POINT OF BEGINNING. Ordinance Creating LID 200 I-04 February 20, 2001 ---PAGE BREAK--- CITY OF MOSCOW OFFICE OF CITY CLERK 45643%i I, Christine Bainbridge, City Clerk of Moscow, Idaho, do hereby certify that the attached is a true and correct copy of City of Moscow Ordinance No. 2001-04, approved by Moscow City Council at its Special Meeting of February 20, 200 I. Witness my hand and official seal this 6th day of April, 200 I ---PAGE BREAK--- April 6, 2001 Latah County Auditor's Office PO Box 8068 Moscow, ID 83843 RE: Recording of Documents Dear Auditor: Enclosed for recording, please find: 456435 w Ordinance NO. 2001-04, Creating LID #128. This will replace the same ordinance which was filed under your filing # 455640. Please return the document to this office after recording. Thank you for your assistance. ainb;idge City Clerk !cb Encs. cc: County Assessor's office Main City Hal! Paul Mann Building P.O. Box 9203, Moscow, ID 83843-1703 206 East 3rd Street 221 East 2nd Street Phone (208) 88327000 Phone (208) 883-7000 Hearing Impaired (208) 883-7019 456435 Fax (208) 883-7018 Fax (208) 883-7033 ---PAGE BREAK--- April 6, 200 I Latah County Auditor's Office PO Box 8068 Moscow, ID 83843 RE: Recording of Documents Dear Auditor: Enclosed for recording, please find: CITY OF M Ordinance NO. 2001-04, Creating LID # 128. This will replace the same ordinance which was filed under your filing # 455640. Please return the document to this office after recording. Thank you for your assistance. Sincerely, Chris Bainbridge City Cleik /cb Encs. cc: County Assessor's office Main City Ha!! Paul Mann Building P.O. Box 9203, Moscow, ID 83843-1703 206 East 3rd Street 221 East 2nd Street Phone (ZOO) 883-7000 Phone {208) 883-7000 Hearing Impaired (208) 883-7019 Fax (208) 883-7018 Fax (208) 883-7033 ---PAGE BREAK--- 455640 ORDINANCE NO. 2001-04 AN ORDINANCE OF THE CITY OF MOSCOW, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, CREATING LOCAL IMPROVEMENT DISTRICT NO. 128; DESCRIBING AND SETTING FORTH IBE BOUNDARIES OF SAID LOCAL IMPROVEMENT DISTRICT; PROVIDING FOR CERTAIN IMPROVEMENTS BEING MADE THEREIN; APPOINTING AN ENGINEER TO PREPARE THE NECESSARY PLANS AND SPECIFICATIONS FOR THE WORK; AUTIIORIZING THE ADVERTISING FOR BIDS FOR SAID IMPROVEMENTS AS AUTIIORIZED BY LAW; PROVIDING FOR THE PAYMENT OF COSTS AND EXPENSES OF SAID IMPROVEMENTS TO BE ASSESSED AGAINST THE PROPERTY WITHIN THE LOCAL IMPROVEMENT DISTRICT BENEFITED THEREBY AND THE MEIBOD OF SUCH ASSESSMENTS; PROVIDING FOR THE ISSUANCE OF LOCAL IMPROVEMENT DISTRICT WARRANTS AND/OR BONDS; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the Moscow City Council (Council) is of the opinion that it is in the best interest of the owners of property and of the inhabitants within the area and in the best interest of the City and the citizens thereof that a Local Improvement District be formed and the proposed improvements as thereinafter described be constructed; and WHEREAS, it appears that the City Clerk did mail a copy of the Notice of Resolution of Intention and of Hearing to each owner within the proposed District, and that an Affidavit of Mailing of Notice to create said Local Improvement District is on file in the office of the City Clerk and Notice of Resolution of Intention was published in the Daily News as required by law; WHEREAS, THE COUNCIL FINDS: that the District will be in the best interest of the property affected and the municipality, that there is reasonable probability that the obligations of such District will be paid, and the value of the property within the proposed District is sufficient to support the costs of the improvements. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MOSCOW, LATAH COUNTY, IDAHO AS FOLLOWS SECTION I: There is hereby created and established a Local Improvement District in the City of Moscow, Latah County, Idaho, to be known as "Local Improvement District No. 128." The project consists of construction of earthwork, aggregate base, curbs, sidewalks, retaining walls, steps, driveways, and plant mix pavement surfacing on Street between Lieuallen Street and Lilly Street, together with related improvements and costs and expenses of engineering, legal services, bond issuance costs, reserves, and other related expenses within the corporate limits of said City of Moscow as described in Exhibit attached hereto and hereby made a part hereof SECTION 2: The Council finds that all of the expenses of the Project are of special benefit and that all of the expense shall be defrayed by special assessments. The costs and expenses of the Project will be assessed against the abutting, adjoining and adjacent lots and lands along or upon which such improvements are to be made and upon lots and lands benefited by such improvements and included in the District to be created as follows: The project consists of construction of earthwork, aggregate base, curbs, sidewalks, retaining walls, steps, driveways, and plant mix pavement surfacing on Street between Lieuallen Street and Lilly Street. All street related construction and sidewalk costs will be assessed in proportion to the benefits derived by each lot in the District, which benefits will accrue to all lots in equal measure. Any individual work which specifically benefits a particular lot will be paid by that property owner. Ordinance Creating LID 200 l-04 February 20, 200 I ---PAGE BREAK--- 455640 A. It is the opinion of the Council that this method of assessment is equitable and reasonably based on benefits each parcel shall derive from such improvements; however, the Council reserves the right to assess or reassess said properties according to law. B. The estimated cost of the proposed Project is TWENTY FOUR THOUSAND, THREE HUNDRED EIGHTY-FIVE AND 45/100 DOLLARS ($24,385.45), ONE HUNDRED PERCENT (100%) of which will be paid for by the levy of assessments on the property benefited. None of such costs and expenses will be paid from the general funds of the City or from any other source. Any assessment may be increased by not more than 20%. Said assessments shall be paid in ten (IO) equal annual installments as nearly as possible, if not otherwise paid as provided by law. SECTION 3: The City Engineer of the City of Moscow is appointed as Engineer for the Project and shall prepare the necessary plans and specifications for the construction of the improvements. SECTION 4: The work of making the improvements shall be performed by contract let to the lowest responsible bidder after publication of Notice of Advertisement of Bids has been made as provided by law, which advertisement is hereby authorized and directed to be made by the City Clerk. SECTION 5: That to provide for the immediate payment of the improvements herein provided for, pending the payment of the installments on assessments hereinabove provided for, the City may issue registered warrants or bonds as provided in Title 50, Chapter 17, Idaho Code. For the purpose of making payments for said improvements as the same are installed, prior to the issuance or sale of bonds, the Council may issue interim warrants against the Improvement District payable to the contractor or other persons upon the estimate of the Engineer for the City bearing interest not in excess of allowable limitations as determined by the Council, which warrants, together with interest thereon to the date of the issuance of bonds, if issued, shall be redeemed and retired by the proceeds of assessments paid in full and proceeds of the sale of said bonds. SECTION 6: That all matters and things done and performed in regard to the creation of said Local Improvement District, the Local Improvement District Code of Idaho, and each and all of the provisions thereof in regard to all of said matters and in all matters concerning the creating of the improvement District and the doing of the improvements and payments thereof are hereby expressly incorporated as a part of the Ordinance. SECTION 7: This Ordinance shall take effect and be in full force upon its passage, approval and publication in one issue of the Daily News, a newspaper of general circulation in said City, published at Moscow, Idaho, and being the official newspaper thereof PASSED under suspension of the rules upon which a roll call vote was duly taken and duly enacted an Ordinance of the City of Moscow, Idaho, at a special meeting of the Council held February 20, 2001. PASSED AND APPROVED this 20"' day of February 200 L Ordinance Creating LID 200 I <04 ---PAGE BREAK--- CITY OF MOSCOW OFFICE OF CITY CLERK I, Christine Bainbridge, City Clerk of Moscow, Idaho, do hereby certify that the attached is a true and correct copy of Ordinance No. 2001-04, Creating Local Improvement District #128, approved by Moscow City Council at its special meeting of February 20, 2001. Witness my hand and official seal this 22nd day of February, 2001. 4 5 5 6 4 fJ - At: HOURc · I AP-:$ SUSAN PETEP.St:N I tATA.H COU!\'TY RECOF!OCR