HomeMy WebLinkAbout0184 Local Improvement 1977ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, CREATING AND
DESCRIBING "LOCAL IMPROVEMENT DISTRICT NO. 1 FOR CHUBBUCK,
IDAHO;" PROVIDING FOR CERTAIN SEWER, WATER, STREET, CURB,
GUTTER AND SIDEWALK IMPROVEMENTS TO BE CONSTRUCTED IN AND
ALONG WEST BURNSIDE AVENUE WITHIN SAID DISTRICT; PROVIDING
THAT THE TOTAL COST OF SUCH IMPROVEMENTS AND EXPENSES
INCIDENT THERETO SHALL BE ASSESSED AGAINST ALL BENEFITED
PROPERTIES IN THE DISTRICT IN PROPORTION TO FRONT FOOTAGE ON
WEST BURNSIDE AVENUE, EXCEPT THAT THE TOTAL ASSESSmeNT
AGAINST PROPERTY DESCRIBED AND SPECIFIED AS "PARRISH REALTY
AND INSURANCE, INC. PROPERTY" SHALL BE LIMITED TO THE SUM OF
$1,980.00 IN RECOGNITION OF LIMITED BENEFITS DERIVED BY SAID
PROPERTY FROM THE IMPROVEMENTS; PROVIDING FOR AN ASSESSMENT
ROLL TO BE ESTABLISHED AND CONFIRMED BY SUBSEOUENT ORDINANCE,
PURSUANT TO LAW: PROVIDING FOR THE ISSUANCE OF IMPROVEMENT
BONDS OF SAID LOCAL IMPROVEMENT DISTRICT IN THE NAME OF THE
CITY UPON SUCH TERMS AND CONDITIONS AS SHALL BE PRESCRIBED
BY SUBSEQUENT ORDINANCE, PURSUANT TO LAW; PROVIDING FOR
NECESSARY PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION WORK
TO BE PREPARED; AUTHORIZING AND RATIFYING THE GIVING OF
NOTICE CALLING FOR SEALED BIDS FOR THE CONSTRUCTION OF THE
WORK; AND PROVIDING FOR WHEN THIS ORDINANCE SHALL BECOME
EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
Section 1: Creation and Description of Local Im rovement
District. There is her'~b'y created w~thin the City o'fPchubbuck,
Idaho,~ a Local Improvement District which shall be known and
designated as "Local Improvement District No. 1 for the City
of Chubbuck, Idaho," which includes West Burnside Avenue and
adjoining properties, the external boundaries of said district
being particularly described as follows:
A tract of land in the S 1/2, SE 1/4, NW 1/4,
Section 10, T. 6 S., R. 34 E., B.M., Bannock County, Idaho,
and described to wit: Beginning at the NE corner
of S 1/2, SE 1/4, NW 1/4, of Section 10, T. 6 S., R. 34 E.,
B.M., thence westerly along said north line of the
S 1/2, SE 1/4, NW 1/4 to the west right-of-way
line of Yellowstone Highway a distance of 36 feet
more or less, said point being the True Point of
Beginning; thence S 02034'48'' W -456.92 feet more
or less to an Idaho State Highway right-of-way monument;
thence S 73002'07'' W - 686.34 feet more or less to an
Idaho State Highway right-of-way monument; thence
N 89029'42'' W 600.22 feet more or less; thence N
00029'42'' E - 663.11 feet more or less to the said
north line of S 1/2, SE 1/4, NW 1/4 of Section 10,
T. 6 S., R. 34 E., B.M.; thence S 89028'24'' E 1276.36
feet more or less to the True Point of Beginning.
All §aid lands adjoining West Burnside Avenue in
the City of Chubbuck, Idaho.
The properties located within the above-described district
boundaries, and which adjoin West Burnside Avenue, are
individually described as follows:
Lots 1, 2, and 3 of the Interstate Group Sub-
division, a plat of record, recorded as Instrument
No. 575288 in Bannock County, Idaho. This parcel is
known as the "Interstate Group, Inc. property."
Beginning at the NE corner of the S 1/2, SE 1/4,
NW 1/4 of Section 10, T. 6 S., R. 34 E., B.M.,
Bannock County, Idaho; thence N 89028'24'' W along
said north line of the S 1/2, SE 1/4, NW 1/4-660.00
feet more or less to the True Point of Beginning;
thence N 89°28'24'' W -652.36 feet more or less
along said north line of the S 1/2, SE 1/4, ~g~
1/4 of Section 10; thence S 00°04'49'' W - 140.39
feet more or less to the north right-of-way
line of West Burnside Avenue; thence S 89o28'24''
E - 652.16 feet more or less along said north
right-of-way of the West Burnside Avenue; thence
N 00°09'33" E - 140.39 feet more or less to the
True Point of Beginning. This parcel is known as
the Reliance Investments, Inc., north property.
Beginning at the NE corner of the S 1/2, SE
1/4, NW 1/4 of Section 10, T. 6 S., R. 34 E.,
B.M., Bannock County, Idaho; thence S 00o09'33''
W - 190~39 feet more or less; thence N 89o28'24''
W - 1102.07 feet more or less to the True Point
of Beginning; thence S 00o04'49'' E - 472.64 feet
more or less to an Idaho State Highway right-of-way
monument; thence N 89029'42'' W - 210.02 feet more
or less; thence N 00004'49'' E - 472.72 feet more
or less to the south right-of-way line of West
Burnside Avenue; thence S 89o28'24'' E - 210.02
feet more or less along said south right-of-way
line of West Burnside Avenue to the True Point
of Beginning. This parcel is known as the "Reliance
Investments, Inc., south property."
Beginning at the NE corner of the S 1/2, SE 1/4
NW 1/4 of Section 10, T. 6. S., R. 34 E. B.M.
Bannock County, Idaho; thence westerly along said
north line of the S 1/2, SE 1/4, NW 1/4 to the
west right-of-way line of Yellowstone Avenue a
distance of 35.7 feet, more or less, said point
being the True Point of Beginning; thence S 02034'48''
W - 140.14 feet more or less along the west right-of-way
line of Yellowstone Avenue to the north right-of-way
line of West Burnside Avenue; thence N 89o28'24''
W - 646.9 feet more or less along the north right-
of-way line of West Burnside Avenue; thence N
00°09'33'' E - 140.00 feet more or less to the
north line of the S 1/2, SE 1/4, ~ 1/4, Section
10; thence S 89°28'24'' E - 653.2 feet more or less
along said north line of the S 1/2, SE 1/4, ~
1/4, Section 10 to the True Point of Beginning.
This parcel is known as the "Parrish Realty &
Insurance Inc., property."
Section 2: Imp.rovements. This Local Improvement
District is formed for the purpose of constructing improvements
within the district boundaries, the general character of
such improvements being (a) an 8-inch concrete sewer line of
approximately 660 feet, with appurtenances and service
connections to property lines except the Parrish Realty and
Insurance, Inc., property; (b) a 10-inch ductile iron water
line of approximately 1100 feet, with appurtenances and
service connections to property lines except the Parrish
Realty and Insurance, Inc., property; and (c) street improvements
including pavement approximately 1300 feet long and 36 feet
wide (partially overlaid upon an existing surface), curb and
gutter on both sides of the pavement together with approximately
100 feet of valley gutters, approximately 1960 feet of
sidewalk four feet wide running along all of the south side
of the improved street and along that part of the north side
excluding the portion abutted by the Parrish Realty and
Insurance, Inc., property, and an irrigation ditch crossing.
These improvements represent additional improvements or
enhancement and re-construction of existing improvements
within the District.
Section 3: Assessments. The total cost of the fore-
going improvements, and incidental expenses including
engineering, legal and clerical services, costs of collecting
assessments, and bond and interim financing interest, shall
be assessed.against all benefited properties in the district
in proportion to front footage on West Burnside Avenue,
except that the total assessment against the Parrish Realty
and Insurance Inc., property shall be limited to the sum of
$1,980.00 in recognition of limited benefits derived by said
property from the improvements. The engineer's revised
estimate of all costs is approximately $100,000. All
owners of affected properties within the district have
agreed to such assessments, and the assessments shall be
imposed as provided in Chapter 17, Title 50, of the Idaho
Code, including any pertinent amendments.
Section 4: Assessment Roll. The Chubbuck City Clerk
is hereby directe~ to eStablish an assessment roll which
shall be confirmed by subsequent ordinance, in accordance
with procedures set forth in said Chapter 17, Title 50, of
the Idaho Code, together with pertinent amendments.
Section 5: Improvement Bonds. There shall be issued
in the name of the~CitY, upon terms and conditions prescribed
by subsequent ordinance, improvement bonds of the "Local
Improvement District No. 1 for Chubbuck, Idaho" as provided
in said Chapter 17, Title 50, of the Idaho Code, together
with pertinent amendments.
'Section 6: Plans .and Specifications. The project
engineer is hereby-d~ignated as Forsgren, Perkins & Associates;
and the project engineer is hereby directed to prepare
necessary plans and specifications for the construction
work, to the extent that such preparation has not already
been accomplished. The project engineer shall consult with
the Chubbuck City Engineer in regard to such plans and
specifications and all further engineering work with respect
to the improvements.
Section 7: Bids. Notice calling for sealed bids for
the construction o-~he work shall be given in the manner
provided by said Chapter 17, Title 50, of the Idaho Code,
together with pertinent amendments; and all actions heretofore
taken by the Chubbuck City Mayor for the purpose of giving
such notice are hereby ratified.
Section 8: Effective Date. The rule requiring ordinances
to be read on three separate occasions is hereby dispensed
with, and this ordinance shall become effective upon its
passage, approval and publication as provided by law.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR of
the City of Chubbuck, Idaho, this ~7t~ day of ~-t~.~c~-~
1977.
' Mayor
ATTEST:
City Cler~