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Home My WebLink About540 Local Improvement District90~i0674 AMBROSE, FITZG ERALD B CROOKSTON Attorneys entl Counselors P.O. Box 12T Meritlian, Itlaho B3Ba2 Telephone 888<i81 FOR ~Y~,__..._._ (p "y 'QO R~'G :~ ti;'t 9 2 O' C ORDINANCE NO'!~0 ~. itECORDER BY `~ ~, AN ORDINANCE OF THE CITY OF MERI N, ADA COUNTY, IDAHO, RE- ADOPTING AND AFFIRMING FINDINGS FOR THE CREATION OF THE LOCAL IMPROVEMENT DISTRICT, CREATING LOCAL IMPROVEMENT DISTRICT 90-1, PROVIDING FOR AND SETTING FORTH THE IMPROVEMENTS TO BE MADE, SETTING FORTH THE BOUNDARIES OF THE LOCAL IMPROVEMENT DISTRICT, STATING THAT THE ESTIMATED TOTAL COST OF THE IMPROVEMENTS IS $850,000.00, OF WHICH AN ESTIMATED $180,000.00 IS TO BE FUNDED BY ASSESSMENTS ON PROPERTY WITHIN THE BOUNDARIES OF THE LOf,AL IMPROVEMENT DISTRICT, THAT THE ESTIMATED $180,000.00 SHALL BE ASSESSED BY THE FRONT FOOT METHOD AND SHALL BE ASSESSED ON ALL PROPERTY iNCLUOED WITHIN THE LOCAL IMPROVEMENT DISTRICT HAVING FRONTAGE ON EAST FIRST STREET, 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 ORDINA-ACS AN~'fHE 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 fronting on East First Street have petitioned the City Council to create a local Improvement District for the improvement of East First Street; 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 East First Street, Meridian, 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 tes~'imony anand evidence submitted at said hearing and the council having made findings regarding the creation of the Local Improvement District at the conclusion of said hearing, the City Council hereby re-adopts and affirms said findings and makes those findings again herein as follows: 1) that the Local Improvement District for the improvement of East First Street will be in the best interest of the property affected and in the District and the City; 2) that there is reasonable probability that the obligations of the Local Improvement District will be paid; and 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 desireable and in the best interest of the City and its residents in the District. Section 2: That the local Improvement District is hereby created and shall be known as "Local Improvement District No. 90-1 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 East First Street and shall be: bounded on the South of East First Street by Williams treet; oun a on the North of East First Street at a point 4 out o airview Avenue, including the property generally known as the Apollo Cleaners which is Land Parcel No. 86129020670 Lot A, Block 5 Amended F. Nourse s it ition; oun a on t e ast an est o ast first treet not o excee on eac si a of East First Street, both East and West, and all of East first Street within the above boundaries. Section 3: That Local Improvement District No. 90-1, created above, is formed for the purpose of improving that portion of East First Street within the District with the following improvements: A) To the street surface of East First Street - the reconstruction o t at street and to include the intersections of streets running East and West therefrom. AMRROSE, FITZG ERALD B CROOKBTON Attorneys antl Counselors P.O. Box 62] Marltllan, Itlaho B38~2 Telephone BBBJ~81 B) To the sidewalks - the construction of new sidewalks to inc u e a brick accent strip within the sidewalk between the main railroad tracks and Carlton Avenue and trees planted at varying intervals along East First Street. C) To the curb _a_nd___~u_tters - the construction of new curb and gutters and necessary drainage and irrigation improvements. D) To the parking facilities - the replacement and reconstruction o~ on-street and off-street parking and, if necessary, acquisition of land for parking and public open space. E) Other related improvements as necessary to accomplish the above. AMBROSE, F1T2GERALO fl CROO KSTON ~uorneye and Coumelors P.O. Box 02] MeriOian, Idello 83b12 Telephone BBB~~81 Section 4: That the estimated cost of the improvements set forth above is $850,000.00 of which approximately $180,000.00 is to be raised from assessments against the property included within the District; that the remaining approximate $670,000.00 of the total estimated cost of the improvements will be paid by the Idaho Transportation Department and the Ada County .Highway District. Section 5: That the estimated $180,000.00 of the total estimated cost of the improvements to be paid by assessments against the property within Local Improvement District No. 90- l, shalt be assessed according to the front foot method, i.e., per foot of property which fronts East First Street, pursuant to Idaho Code, 50-1707, against all benefitted property abutting, adjoining, and adjacent to East First Street, Meridian, Idaho. Section 6: That the Mayor and City Engineer are hereby authorized to proceed with negotiations with the Idaho Transportation Department and Ada County Highway District 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 7: That pursuant to 50-1727, Idaho Code, provision for publication of this Ordinance in the ofi"i'ciel 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 thirty (30) days after said publication the validity, legality and regularity of this Ordinance or any action or proceeding authorized thereby shall be conclusively presumed. Section 8: 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 Council and approved the May__o..~~..--QQf the City of Meridian, Ada County, Idaho, thisf~ day ofi~(~Jr,J , APPROVED: 0 -- NT P. KINGSFORD ATTEST: STIirTE OF,I IDAHO, ) AMBROSE, FITZGERALD 8 OROOKSTON Attorneys antl Counselors P.O. Box 12y Merltllen, Itleho 83802 Telephone 88B~1181 County of Ada, ) ss. I, JACK NIEMANN, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled, "AN ORDINANCE OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO, RE- ADOPTING AND AFFIRMING FINDINGS FOR THE CREATION OF THE LOCAL IMPROVEMENT DISTRICT, CREATING LOCAL IMPROVEMENT DISTRICT 90-1, PROVIDING FOR AND SETTING FORTH THE IMPROVEMENTS TO BE MADE, SETTING FORTH THE BOUNDARIES OF THE LOCAL IMPROVEMENT DISTRICT, STATING THAT THE ESTIMATED TOTAL COST OF THE IMPROVEMENTS IS $850,000.00, OF WHICH AN ESTIMATED $180,000.00 IS TO BE FUNDED BY ASSESSMENTS ON PROPERTY WITHIN THE BOUNDARIES OF THE LOCAL IMPROVEMENT DISTRICT, THAT THE ESTIMATED $180,000.00 SHALL BE ASSESSED BY THE FRONT FOOT METHOD AND SHALL BE ASSESSED ON ALL PROPERTY INCLUDED WITHIN THE LOCAL IMPROVEMENT DISTRICT HAVING FRONTAGE ON EAST FIRST STREET, 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 LEf,ALITY OF THIS ORDINA~~~AN~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," passed as Ordinance No.~iJD by the City C cil and Mayor of the City of Meridian, on'`i=fi-e~~ day of ~-~ 1990, as the same appears in my office. DATED thisl~ da ..---- Ada i i STATE OF IDAHO,) AMBROGE, FITZG ERALO S CROOKSTON Attorneys Antl Counselara P.O. Box 127 MerlElen, Itlaho &T812 Telephone888-M81 County of Ada, ss. 1990. erK, ity or meriaian nty, Idaho On this X77 day o ~/ 1990, before me, the undersigned, 5 Notary Public in a or said State, personally appeared JACK NIEMANN, known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first dbOVe written,``er impel n,epr'' C) ~ , i ~~ ~.` ~. (SEAL) ~~ `t~, r„, C hp',a°`~i t s.,r ~ a , rheLea e+'°' N R PUBLIC R AH R S DING AT MERIDIAN, IDAHO h1y commission expires 4-1-g3