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HomeMy WebLinkAbout753 LID Cherry Lane Village No. 17 ~. X53 ORDINANCE NO. ~Et2 - ~ AN ORDINANCE OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO, RE-ADOPTING AND AFFIRMING FINDINGS FOR THE CREATION OF THE LOCAL IMPROVEMENTS DISTRICT, CREATING LOCAL IMPROVEMENT DISTRICT 97-1, PROVIDING FOR AND SETTING FORTH THE BOUNDARIES OF THE LOCAL IMPROVEMENT DISTRICT, STATING THAT THE ESTIMATED TOTAL COST OF THE IMPROVEMENTS IS $49,000.00, OF WHICH AMOUNT IS TO BE FUNDED BY ASSESSMENTS ON PROPERTY WITHIN THE BOUNDARIES OF THE LOCAL IMPROVEMENT DISTRICT, THAT THE $49,000.00 SHALL BE ASSESSED BY THE FRONT FOOT METHOD AND SHALL BE ASSESSED ON ALL PROPERTY INCLUDED WITHIN THE LOCAL IMPROVEMENTS DISTRICT HAVING FRONTAGE ON CHERRY LANE ROAD, AUTHORIZING NEGOTIATION FOR THE APPOINTMENT OF AN ENGINEER AND AUTHORIZING THE PREPARATION OF PLANS AND SPECIFICATIONS, AUTHORIZING, -UPON THE COMPLETION OF THE PLANS AND SPECIFICATIONS, THE ADVERTISEMENT AND NOTICE OF REQUEST FOR BIDS FOR THE CONSTRUCTION WORK; PROVIDING FOR PUBLICATION OF THIS ORDINANCE AND PROVIDING, PURSUANT TO 50-1727, IDAHO CODE FOR A PERIOD TO CONTEST THE LEGALITY OF THIS ORDINANCE AND THE PROCEEDINGS, AND AUTHORITY HELD AND GRANTED UNDER THIS ORDINANCE, WHICH PERIOD SHALL EXPIRE THIRTY (30) DAYS AFTER PUBLICATION OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, over 60% of the owners of property within this District and fronting on Cherry Lane Road have petitioned the City Council to create a Local Improvements District for the construction of a wood fence along the south boundary of those lots within the District which have frontage along Cherry Lane Road and placement of gravel and a weed barrier along Cherry Lane Road lots, and WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to create a Local Improvement District along Cherry Lane Road, Meridian, Idaho, to be known as Local Improvement District No. 97-1, CHERRY LANE VILLAGE SUBDIVISION NO. 1 FENCE IMPROVEMENT PROJECT, and established for the purposes stated above. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1: The City Council of the City of Meridian having held the hearing for the creation of Local Improvement District pursuant to 50-1709, Idaho Code, and the Council having heard and considered all testimony and evidence submitted at said hearing. and the Council having found and hereby states its findings in this Ordinance, that the creation of the Local Improvement District, the City Council hereby adopts and affirms said findings and makes those findings again herein, as follows: 1) That Local Improvement District No. 97-1, known as the CHERRY LANE VILLAGE SUBDIVISION NO. 1 FENCE IMPROVEMENT PROJECT, for the LID 97-1 ORDINANCE PAGE 1 7~ construction of a wood fence, graveling the portion of land between the fences and Cherry Lane Road, and placement of a wood barrier, will be in the best interest of the property affected, in the District, and in the City. 2) That there is reasonable probability that. the obligations of the Local Improvement District will be paid. 3) That the- value of the property within the proposed District is sufficient for all purposes, and specifically to fund the .improvements which will be paid by assessments on the property included within the District. That the City Council further finds, herein, that no property owner presented testimony, evidence,. or cause sufficient to exclude his or her property from the proposed Local Improvement District or that his or her property would. not be benefited by the improvements, and the Council finds that the District boundaries should be established as set forth in Resolution 133; the Council. further finds that in excess of 60% of the property owners within the proposed Local Improvement District petitioned the Council for the creation of the District and that such evidences that the District is desirable and in the best interest of the City and the residents within the District. Section 2: That the Local Improvement District is hereby created and shall be known as "Local Improvement District No. 97-1 for Meridian, Idaho"; that the boundaries of said District shall be described as follows: The boundaries of the district are located within the corporate limits of the City of Meridian and include lots and parcels abutting and fronting on Cherry Lane Road and shall be: Lots fronting Cherry Lane Road on the lot's south side from, and including, Lot 6, Block 2, Cherry Lane Subdivision No. 1, to Lot 11, Block 2, Cherry Lane Subdivision No. 1, and including Lot 4, Block 2 Cherry Lane Subdivision No. 1 to Lot 4, Block 6 Cherry Lane Subdivision No. 1, all lots described, and including the full width and depth of said lots. Section 3: The City Council is of the opinion that said description is sufficient to adequately inform owners of the property proposed to be assessed. Section 4. That Local Improvement District No. 97-1, created above, is formed for the purpose of improving a portion of the fence which is in Cherry Lane Village Subdivision and which runs along the Nampa and Meridian Irrigation District Eight Mile Lateral and the Settler's Irrigation District irrigation ditch and which are located north of Cherry Lane Road, and improving the ground adjacent to the lateral and irrigation ditch mentioned above, which the following improvements to be made on the lots within the above description as follows: A. Construction of a new fence to be constructed of six (6) foot dog-eared Cedar #2 fencing with concrete set steel posts and an access gate for each 73 lot except corner lots. There shall be a post located on the property line separating each lot from neighboring lots. The fence shall be stained to match the color, as it is on the date this Ordinance is passed, of the fence on the opposite side of the street, the south side of Cherry Lane Road. B. The area between the fence and the sidewalk on Cherry Lane Road shall be covered with a wood fabric, plus three (3) inches of river rock, after clearing and fine grading. Section 4: The estimated cost of the project is FORTH EIGHT THOUSAND AND NO/100 DOLLARS ($48,000.00). It is estimated that the LID No. 97-1 will raise $48,000.00 for the total project cost. The entire FORTY-EIGHT THOUSAND AND N0/100 DOLLARS ($48,000.00) of the project cost is proposed to come from this LID and no cost will be paid by the City of Meridian. Section 5: All property within the boundaries, as defined above, will be assessed on the front foot method, that is per foot of property which fronts upon Cherry Lane Road and is within the boundaries of the LID District. The costs and expenses of the project to be paid from special assessments shall be assessed against the abutting, adjoining, and adjacent lots and lands according to the front foot method (per foot of fencing), as provided by Section 50-1707, Idaho Code, against all benefitted property abutting, adjoining, and adjacent Cherry Lane Road, Meridian, Idaho. Section 6: The estimated cost of the project is FORTY-EIGHT THOUSAND AND NO/100 DOLLARS ($48,000.00), but not to exceed SEVENTEEN AND 50/100 DOLLARS ($17.50) per lineal foot of fence, which shall be paid by the owner, or owners, of the lot being assessed, at the option of the owner of the lot at the time of the initial assessment, either in one payment, on an annual, or monthly basis. If the cost of the project exceeds SEVENTEEN AND 50/100 DOLLARS ($17.50) per lineal foot of fence, the cost of the project shall be subject to the approval of the property owners but if the cost does not exceed the amount the total cost of the project shall not be subject to approval of the property owners. Section 7: That the Mayor and City Engineer are hereby authorized to proceed with negotiations for the appointment of an Engineer, if necessary, and for the drawing of the plans and specifications for the improvements; that upon preparation of plans and specifications the City Clerk and the City Engineer, or the appointed engineer, are hereby authorized to advertise for sealed bids for the construction of the improvements. Section 8: That pursuant to 50-1727, Idaho Code, provision for publication of this 74 LID 97-1 ORDINANCE PAGE 3 Ordinance in the official newspaper of the City is hereby made, as required for all ordinances, and for a period of thirty (30) days after such publication any person in interest shall have the right to contest the legality of this Ordinance, or any action or proceeding authorized by this Ordinance; that upon the expiration of said thirty (30) days no contest or proceeding to question the validity or legality of this Ordinance or any action or proceeding authorized by this Ordinance shall be brought in any court by any person for any cause whatsoever, and upon the expiration of said thirty (30) days after the publication, the validity, legality and regularity of this Ordinance or any action or proceeding authorized thereby shall be conclusively presumed. Section 9: EFFECTIVE DATE: This ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Counci{ and approved by the Mayor of the City of Meridian, Ada county, Idaho, this 18th day of March, 1997. APPROVED: ATTEST: WILLIAM G. BERG, JR., ERT D. CORRIE, MAYOR `\,~ J,y~~ttttl~,,, `'i `,`` ~ 1~,;~,f ~ ~J ~`""'~ r w ~ ~E~.L ~~//A~ ` 7