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0184 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~