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ORDINANCE NO. 85-05 AN ORDINANCE CREATING LOCAL IMPROVEMENT DISTRICT NO. 103 FOR THE CITY OF MOSCOW, LATAH COUNTY, IDAHO, DESCRIBING AND SETTING FORTH THE BOUNDARIES OF SAID 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 TO BE ASSESSED AGAINST THE PROPERTY WITHIN SAID DISTRICT BENEFITED THEREBY; PROVIDING FOR THE METHOD OF ASSESSMENT; PROVIDING THAT THE CITY PAY CERTAIN COSTS AND EXPENSES OF THE PROJECT; PROVIDING FOR THE ISSUANCE OF LOCAL IMPROVEMENT DISTRICT WARRANTS AND BONDS; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE OF THIS ORDINANCE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MOSCOW, LATAH COUNTY, IDAHO: SECTION 1: There is hereby created and established a Local Improvement District in the City of Moscow, Latah County, Idah.:o, tc• be knowr. as "L•:•cal Impt'ovemer.t Distt--ict No. 103'' for the following area by the removal of concrete curb and sidewalk found to be in disrepair or hazardous by the City Engineer or City Council and the construction of concrete curb and sidewalk in areas w here the City Engineer or City Council determines that such construction is needed within the corporate limits of said City of Moscow as described ir• Exhibit attached hereto and hereby made a part het--eof. SECTION 2: That the aforementioned improvements shall be made and the costs and expenses of the prOJect will be assessed against the abutting, adJoining and adJacent lands in accordance with the following methods of assessment: Removal and disposal of concrete sidewalk shall be assessed on a square foot basis . Construction of concrete sidewalk shall be assessed on a square foot basis . Removal and disposal of curb shall be assessed on a front foot basis (front foot of curb removed adJacent to the assessed property). Construction of concrete curb shall be on a front foot basis (front foot of curb constructed adJacent to the assessed property). A. It is the opinion of the Council that this method of assessment is a combination of square foot and front foot methods of assessment and that such apportionment is equitable and reasonably based on benefits each parcel shall drive from the improvement. The Council reserves the right to assess said properties under a benefits derived method of ---PAGE BREAK--- assessment should the square foot or front foot methods indicated, or assessments thereunder assessed, be declared invalid by a court having JUrisdiction. It is the opinion of the Council that the method set forth would also qualify as a benefits derived method and that the benefits received by each parcel of property will be proportion to amounts assessed under this formula. B. The cost and expenses to be assessed as herein provided shall include the contract price of the improvement, engineering and clerical services, advertising, cost of inspection, cost of collecting assessments and interest upon warrants, if issued, and for legal services for preparing proceedings and advising in regard thereto. The total estimated cost of said improvements are $12,374.84 Said assessments shall be paid in four equal annual installments as nearly as possible, if not otherwise paid as provided by law. C. That the City of Moscow shall bear the following costs and expenses of construction: Costs of the portion of the sidewalk at intersections with the City assuming the cost of the sidewalk within 10 feet of the intersecting curb lines (both demolition and construction costs) . Cb> In residential zones, w here the City Engineer requ1res a sidewalk greater than 4 feet in width, the City shall pay the costs of (only> the portion which is in excess of four feet (construction only) . 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 authorize 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 proved for, the City may issue bonds as provided in Title 50, Chapter 7 , 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 warrants against the improvement district payable to the contractor or other persons upon the estimate of the Engineer for the City bearing interest at not in excess of allowable limitations as determined by the City Council, which ---PAGE BREAK--- 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 !dahonian, 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 regular meeting of the Council held on May 20, 1985. PASSED AND APPROVED this 20th day of May, 1985. Deanna Driskill Hager, Mayor ATTEST: Elaine Russell, City Clerk The foregoing Ordinance having members of the Council present, moved, seconded by Councilmember No. 85-06. been considered by the Councilmember Cunningham Voxman to adopt Ordinance Roll call vote: AYES: Townsend, Cunningham, Tragesser, Voxman, Viola, and Bode. NAYS: none The motion carried unanimously. ---PAGE BREAK--- EXHIBIT uA" Property Owners within Yellow Zone - Phase I 1. Wally Driscoll 103 North Lilly, Lieuallen's 4th Add., Blk 4, South 68.5' Lot 12 2. Jeff Barbier 225 North Asbury, Lieuallen's 3rd Addition, Blk 2, Lots 11, 12, 13 3. D. Kourbourlis 207 North Asbury, Lieuallen's 3rd Addition, Blk 2, Lots 18, 19, 20, 21 4. MarJorie SMith 107 South Asbury, Lieuallen's 3rd Addition, Blk. 4, Lots 19, 20, 21, S. 1/2 25 5. Lloyd Howard 328 North Washington, Frye's 2nd Addition, Blk. 4, Lot 5 6. Scott Davidson 821 South Jefferson, Sunnyside Addition, Blk. 2, Lot 9 & East 85' of North 3' Lot 8 7. Edna Stafford 618-620 South Harrison, McGregors 2nd Addition, Blk. 2, Lot 4 8. Joseph Keltner 520 West First, Lieuallen's 4th Addition, Blk. 4, Lo·t 8 9n Administration of Veterans Affairs 516 West First, Lieuallen's 4th Addition, Blk. 4, Lc•t 9 10. Wally Driscoll 508 West First, Lieuallen's 4th Addition, Blk. 4, Lot 11 11. Je:W'r"Y Bait" 215 West Third, Lieuallen's 2nd Addition, Blk. 2 ---PAGE BREAK--- East 55' Lots 43 & 44 12. Fl'"'ed Scott 503 East Sixth, McGregor's 2nd Addition, Blk. 2, West 70' Lots 1 & 2 13. Rosemary Taylor 735 East Sixth, McGregor's 2nd Addition, North 102' of East 52' Lc•t 19 14. Robert Dickow 1102 East Sixth, Sandelius Addition, Blk. 1, East 25' Lot 6 & Lot 7 15. Peter South 1114 East 6th, Latah County Tax #1799, SW1/4 SEl/4 8-39-5 16. Dr. Tim Toso 1122 East Sixth, Latah County Tax #2364, SW1/4 SE1/4 8-39-5 17. Li rs Colsc•r• 615 East 7 th, McGregors 2nd Addition, East 75', less West of South 100' Lot 22 18. Jon Anderson 323 East Eighth, Sunnyside Addition, Blk. 3, West 60' Lots 12 & 13 19. Pi Beta Phi 507 West Idaho, Cochran's Addition, Blk. 3, Lots 1 & 2 20. Ray Dillon