ordinance no. 99-18 an ordinance of the city of moscow, a municipal ...

ORDINANCE NO. 99-18
AN ORDINANCE OF THE CITY OF MOSCOW, A MUNICIPAL CORPORATION OF
THE STATE OF IDAHO, CREATING LOCAL IMPROVEMENT DISTRICT NO. 126;
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 PUBLICA TJON 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 Locallmprovement 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:
(a) that the District will be in the best interest of the property affected and the
municipality,
(b) that there is reasonable probability that the obligations of such District will
be paid, and
(c) 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. 126". The proJect consists of improvements of curbs, sidewalks, base and surfacing
to the "C' Street and Lieuallen Street intersection, 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 "A" attached hereto and hereby made a part hereof.
SECTION 2: The Council fi nds 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
ORDINANCE 99-18 Jum> 21, 1999 Pag

upon lots and lands benefited by such improvements and included in the District to be
created as follows: The project consists of improvements of curbs, sidewalks, base and
surfacing to the "C" Street and Lieuallen Street intersection. 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.
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 FORTY-ONE THOUSAND,
EIGHT HUNDRED EIGHTY-EIGHT AND N0/100 DOLLARS ($41,888.00), 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 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.
ORDINANCE 99.)8 Jun('21, 1999 Page 2 oi 3

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 on June 21, 1999.
PASSED AND APPROVED this 21'' day of June, 1999.
ORDINANCE 99-18 June21,1999 Page 3 of 3

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S. MIX HARBIN M. HELBLING BROWNING
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K. Mt;CARTAN D. MciLROY

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 on
1999.
PASSED AND APPROVED this __ day of -- 1999.
ATTEST:
Gilbert F. Myers, City Clerk