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150 Constructing Sanitary Sewers t72) .5-:2-~ ORDINANCE NO. 150 AN ORDINANCE CREATING LOCAL IMPROVEMENT DISTRICT NO.1 FOR, MERIDIAN, IDAHO, FOR THE PURPOSE OF CONSTRUCTING SANITARY SEWERS, WITH THE NJ:CESSARY MANHOLES AND APPURTENANCES, ALONG CERTAIN PUBLIC EAS>>1ENTS AND IN PARTS OF CERTAIN STREETS WITHIN SAID LOCAL IMPROVEMENT DISTRICT; PROVIDING FOR THE LEVYING OF ASSESSMENTS UPON THE PROPERTY TO BE BENEFITED BY SUCH IMPROVEMENTS AND FOR THE BASIS OF MAKING SAID ASSESSMENTS; SETTING FORTH THE BOUNDARIES OF SAID DISTRICT~ PROVIDING FOR '.J'HE MAKING OF AN ASSESSMENT ROLL;, AUTHORIZING THE PUBLICATION OF A CALL FOR CONi; STRUCT~ON BIDS;; AND DECLARING AN EMERGJNCY. WHEREAS, the City Council of the City of Meridian, Idaho, has heretofore adopted a resolution and an amended resolution declaring its intention to construct sanitary sewers with the necessary manholes and appurtenances, along certain public sewer easements and in parts of certain streets within said City and to create Local Improvement District No. 1 .for Meridian, Idaho, for the purpose of making sai~. improvements for the estimated total cost of $15,000.00, and has given notice of its intention to make such improvements and create such district so that those desiring to do so might prot~~t against the same; and WHEREAS, The Mayor and Council of the City of Meridian, under date of September 15, 1965, gave written notice of their intention to create a Local Improvement District setting forth therein the time and place for making and filing written protests to such proposal, and the hearing thereon; that one written protest was made and filed, as provided by law and' the "Notice of Intention, etc." aforesaid, by Mrs. Edna Henson, Meridian, Idaho, an owner of property of the hereinafter described abutting~ adjoin- ing, contiguous and adjacent lots and lands within said proposed improvement district; and WHEREAS, at the time of the hearing of said protest, as provided by law and the "Notice of Intehtion, etc.", oral protest and argument were presented by Mrs. Edna Henson; that the Mayor and Council of the City of Meridian did not allow the said protest of Mrs. Henson but did ratify the above referenced amended' resolution of in- tention to create Local Improvement District No.1; and WHEREAS, the cost thereof is to be assessed upon the property within said proposed district; and WHEREAS, the City Engineer has made estimates of the cost of said City.to make sewer improvements in Local Improvement District No.1 for Meridian, Idaho; has made all surveys, estimates and calculations necessary to be made for the establi~hment of said improvements; and has submitted~ said City the estimate of the Gost for making said improvements, to-wit, the sum of 115,000.00; and WHEREAS, the City Council has done all things necessary and preliminary to the creation of said local improvement district and now desires~ create said district; NOW, THEREFORE,' BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. There shall be and there hereby is created a local improvement district in the City of Meridian, Idaho, to be called Local Improvement District No.1 for Meridian, Idaho, which shall include all the property within said improvement distrect; the boundaries of the lots and lands to'be included therein are in accord- ance with the resolution of intention, which was heretofore and hereby is adopt~~! ratified and approved by the City Council; and the boundaries of said Dis'!;II!ct,- -an\t-__ the lots and lands included therein to their full depth, all within th~ Cit~o.:t:. ~ - .- _ Meridian, are described as follows, to-wit; . -: _,- .._r~.~, -,,' Lot 1, Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada/', ^, --:---. County, Idaho. ~ . -- ",-- ............ ~~ ---= ::. ~ -- -,-" - -- = ~ - "- - ...... - , "- Section 2. There shall be constructed in said district sanitarysewefs; '\iii~1;t-_-:--- -',,' the necessary manholes and appurtenances, along the following public sewer ea:se~'-'. -:' ,\"'---. . menta in the City of Meridian:~ . - . (1) Along an easement from the existing eight-inch sewer line on Corron- wood Avenue (U.S. Highway No. 30), beginning at a point that is approximately 325 feet East of the Northwest corner of Section 18, Township 3 North, Range 1 East, Boise Meridian; thence in a Southerly direction 1280 feet, more or less, to a point of ending which is 315 feet East of the Westerly boundary of said Section 18, said point being in the right of way of the Street running along the Southerly boundary of Lot 1 of said Section 18. (2) Along an easement beginning at a point approximately 995 feet South of the North line of Section 18, Township 3 North, Range 1 East, Boise Meridian, and I I II 'I -' -t78- ~.:27 315 feet East of the West line of said Section 18 and running in an Easterly direction 240 feet, more or less, to a point of ending near the Easterly right of way line of East First Street, said point being app~oximatelylOO2 feet South of the North line of said Section 18 and 555 feet East'of the West line of said Section 18. m (3) Along an easement beginning at a point approximately 340 feet South of the North line of Section 18, Township 3'North, Range 1 East, Boise Meridian, and 325 feet East of the West line of said Section 18 and running in an Easterly direction 15 feet, more or less, to a point of ending. (4) Along an easement beginning at a point approximately 383 feet South of the North line of Section 18, Township 3 North,' Range 1 East, Boise Meridian, and 325 feet East of the West line of said Section 18 and running in a Westerly direct- ion 150 feet, more or less to a point of ending. Section 3. All of the cost and expenses thereof shall be taxed ahd assessed upon all property in said Local Improvement District No. 1 for Meridian, Idaho, which cost and expenses shall be assessed in proportion to the number of square feet of such lands and lots abutting, adjoining, contiguous and adjacent ther~to included in the said improvement district and in proportion to the benefits de- rived to such property by said improvements. Section 4. Each lot and parcel of land s~11 be separately assessed for said debt or cost and expenses in proportion to the number of square feet of such lands and lots abutting, adjoining, contiguous and adjacent thereto or included in said Improvement District to the distance back from such street, if platted in blocks to the center of the block, if platted in lots to the center of the lotsf-ang if not platted to the distance of one hundred twenty-five feet, and in:proportio~~~o the benefits derived to such property by said improvements, sufficien~~o~c~ver ~~~ the total cost and expense of the work to the center of the street..' -The cos~t-_ana--:. ~......~ ' ~....... -- expenses to be assessed as herein provided for shall include the contract ~ice:-/_~ of the improvement, engineering and clerical service, advertising, cost-~~of-:: in- ~ ':- :::: spection, cost of collecting assessments, and interest upon warrants if issued,: > and for legal services for preparing proceedings and advising in regar~ -tl1.ere!o_; .'" ......... ~.-. .............. .--..~- ~~........ Section 5. The City Engineer is hereby directed to make out an- a.sEie~&~*:.' roll according to the provisions of this ordinance after contracts-for'~he-co~- struction and acquisition of all improvements have been made. Said assessment roll shall contain, among other things, the number of the assessment, the name of the owner, if known, or if not known, that the name is unknown, a description of each tract assessed and the total amount of the assessment; which assessment roll upon it's completion shall be certified to the City Council by the City Engineer and the City Council will thereupon fix a time when objections thereto by the property owners in said district will be heard and will cause such roll to be filed in the office of the City Clerk. Section 6. The Mayor and City Clerk of said City of Meridian shall give public notice of the call for bids for constructing said improvements in three consecutive weekly issues of the Meridian News-Times, the official newspaper of said City, which notice shall state the time, place and hour where and until when the City Clerk will receive sealed proposals which will then be opened and publicly read, shall contain a general description of the kind and amount of work to be done, the materials to be furnished, as nearly accurate as practicable, using such general terms as to admit of the widest latitude for competition, and shall state that the plans and specifications for said improvement work are on file in the offices of the City Engineer and the City Clerk and may be examined or obtained at either office. The notice shall require all bidders to designate the the locality, quarry, kiln or factory from which will be furnished the specific material to be used by them, With its oommercial designation. Said notice shall also state that each bidder shall accompany his b~d with a certified check in the amount of five percent of his bid, and in case the contract for any such work is awarded to such bidder and he fails or refuses to enter into the contract and give the bond requi~ed. such check shall be forfeited to the City and shall be placed in the local improvement fund for such district. Said notice shall pro- vide that the City reserves the right to reject any and all bids, to waive in- formalities, or to accept the proposal of the lowest and best responsible bidder; and that no bidder may withdraw his bid after the hour set for the opening thereof, or before the award of the contract, unless said award is delayed for a period exceeding 30 days. Section 7. That should the courts of this or any other state or of the United States declare any section, provisio~, paragraph, clause, sentence, phrase or part thereof of this ordinanceln'.1i4, unauthorized or unconstitu- .I_^ tional or in conflict with any other section, provision, paragraph, clause, sentence, phrase or part thereof of this ordinance, then such decision shall .~ ..3:2 ? affect only the section, provision, paragraph, clause, sentence, phrase or part thereof declared to be unconstitutional, unauthorized or invalid; and shall not affect any other part whatsoever of this ordinance. The Mayor and City Council of the City of Meridian, Idaho, hereby declares that: it would have passed this ordinance, and each section, provision, paragraph, clause, sentence or phrase hereof irrespective of the fact that anyone or more of the sections, provisions, paragraphs, clauses, sentences or phrases or parts thereof be declared invalid, unauthorized or unconstitutional. Section 8. That, by reason of the fact that certain areas within the City of Meridian need local improvements, it is hereby declared that an emergency exists, that this ordinance is necessary tm the immediate preservation of the public peace, health and safety, and that it shall be in full force and effect from and after its passage, approval and publication, as provided by law. PASSED By. the City Council of' the City of Meridian, Idaho, this ' 1st day of November, 1965. APPROVED By the Mayor of the City of Meridian, Idaho, this 1st day of November, 1965. I APPROVED: J -\, ~ \ -- . l~/' ,(ll! . \) "," ,\ MR \ <\ -- / ,~ --..... .. 3. (-sEAL) - .'"'-- r-" .............~ ~ -~ ' ;-....=: ~ /". -V-v :: '" - ".. --.....r _~. -.... - ~ ~. ., ~ _ _"_ r ATTES'l;:: . :i-.. .) \;. I .~ ) \)'" ",f , ,~ \.- () IJ l\' L if~ " I '.\ " It'" :;l :~ .. " '\ ,f ~ .!,~ , Y" \ ,l, :} -:," '\ ;) .~''1- C') ~'