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Home My WebLink AboutORD 3643302L0382TA RECORDED 1111111111111111111111111111111111111111111�1 RICK HOGABOAM CANYON COUNTY RECORDER Pgs=4 ABARDEN NO FEE ORDINANCE CITY OF CALDWELL Canyon County Recorder's Office Document Cover Sheet BILL NO.82 ORDINANCE NO.3643 AN ORDINANCE OF THE CITY OF CALDWELL IDAHO, CREATING LOCAL IMPROVEMENT DISTRICT (L.I.D.) NO. 24-4 FOR UTILITY CONNECTIONS IN SAID CITY, 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 PROPERTIES TO BE INCLUDED IN SAID DISTRICT; PROVIDING FOR MAKING THE ASSESSMENT ROLL, AUTHORIZING THE PUBLICATION OF A CALL FOR CONSTRUCTION. WHEREAS, on October 21, 2024, the Caldwell City Council, by Resolution No. 376-24 declared its intent to create a Local Improvement District, LID 24-4; and, WHEREAS, on December 2, 2024, a protest hearing was held therefore, as required by law; and, WHEREAS, all notices required for said hearing were published as required by law; and, WHEREAS, the Caldwell City Council desires to move forward and create LID 24-4. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CALDWELL, IDAHO: Section 1: The Caldwell City council, based upon all information available to it, including, without limitation, testimony from the protest hearing held on December 2, 2024, hereby makes the following findings: (a) LID 24-4 will be for the best interest of the property affected by said LID and the municipality as a whole, (b) that there is reasonable probability that the obligations of LID 24-4 will be paid; and, (c) the value of the property within the proposed district, including the proposed improvements, is sufficient to recover assessments necessary to repay the costs of said improvements. Section 2: There is hereby created, an L.I.D. in the City of Caldwell, Idaho, to be called Local Improvement District No. 24-4, for City Utility Connections in the City of Caldwell; the boundaries of the real property included herein are in accordance with the resolution of intention, which was heretofore and hereby is adopted, ratified and approved; and the boundaries of said district and the real property included therein, all within the corporate limits of the City of Caldwell, are described as follows: to wit: The boundaries of said district are defined by the corporate limits of the City of Caldwell at time of utility connection. Section 3: Each lot and parcel of land that connects to City services under the terms of this L.I.D. shall be separately assessed for said debt or cost and expense of said connection fees in proportion to the benefits derived to such property by said improvements. The cost and expenses to be assessed as herein provided shall include only sewer and/or water and/or irrigation connection fees as adopted by City Council. Property owners may not include the cost of construction needed to connect the property to sewer and/or water and/or pressure irrigation and the decommissioning of septic tanks. In the case of a sewer connection the connection fee allows the property owner to be connected onto the City sewer system. The property owner shall hire a licensed plumber to make the tap to the City main sewer line. In the case of a water connection, if the City of Caldwell Water Department has crews available, they will install a water meter and service for the residence to the property line. Otherwise, the property owner shall hire a licensed plumber to make the tap to the City main water line. The property owner may connect the house to the water meter or hire a licensed plumber to connect the residence to the water meter. In the case of irrigation, the property owner shall hire an appropriate contractor to provide the irrigation service line. Section 4: The property shall be assessed for sewer and/or water connection fees and/or irrigation fees for the connection of private residences and/or commercial building to City Services. The total maximum cost of the improvements per application is thirty thousand (30,000) dollars, said costs shall not exceed the actual cost of the connection fees together with expenses set forth in Section 6. Section 5: The cost and expense assessed herein provided shall include the cost of the connection fees and permits including reasonable administration costs such as engineering, clerical services, advertising, inspection, collecting of assessments, bonding, and legal services for preparing the proceedings in regard thereto. Section 6: The City Engineer is hereby appointed as the official engineer for this project and shall prepare the necessary plans and specifications for the construction of improvements and an assessment roll for the L.I.D. Section 7: After construction of the improvements and at such time as the Council shall authorize, the Engineer shall prepare a duly certified report to the Council including an assessment roll according to provisions of Idaho Code 50-1712. Section 8: The hearing on the assessment roll shall be conducted pursuant to Idaho Code § 50-1713 and § 50-174. Section 9: If, following said hearing, the Council determines it is appropriate to make the necessary findings as required by Idaho Code § 50-1715, the assessment roll shall be confirmed. Section 10: Should the court having jurisdiction declare any part of this Ordinance invalid, unauthorized or unconstitutional or in conflict with any other part of this Ordinance, then such decision shall affect only the part 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 Caldwell, Idaho, declare that it would have passed this Ordinance, and each part hereof, irrespective of parts declared invalid, unauthorized or unconstitutional. Section 11: This ordinance shall be effective upon publication, which publication shall occur on December 10, 2024. Section 12: All ordinances, resolutions, or parts thereof, in conflict herewith, are hereby repealed and/or declared null and void. PASSED BY THE COUNCIL of the City of Caldwell, Idaho, this 2"d day of December, 2024 PASSED BY THE MAYOR of the City of Caldwell, Idaho this 2"a day of December, 2024 APPROVED: `% '� •"'•"• ATTEST: POR4Mayor y - City Clerk in; ' • 'O CCUN C`I' ��•'• ��"A 88 n n�+�'� City of Caldwell city of Caldwell �_w I ' Legend M.I. R-d • .— LatS Ro,d 5 � �� - .i { .- :. 5 `•' 7 _ '-IIr--_l ' j I .l - .� `` M Lrr Lenwi ' = •sly . �}+R f- ' " I . _ I = ' ~ ..I k i i _` - — ' � ' � �. ��_ Lake Lowell MEMORANDUM TO: Caldwell City Council Meeting Date December 2nd 20 24 _ AGENDA ITEM INFORMATION SUBJECT: Department Submittals Pass an Ordinance for the formation of Local Improvement District (L.I.D.) 24-4, an L.I.D. for financing fees for utility extensions and connections to City sewer, water, and pressure irrigation services within the City of Caldwell. COST IMPACT: SOURCE: TIMELINE: FINANCE BUDGETED: NOT REVIEW: ❑ 11 BUDGETED: SUMMARYSTATEMENT.• Buildinp, De artment CDBG Clerk City Attorney Finance Department Human Resources Planning & Zoning Fire Department Police Department Public Works Street Department Water Department W WTP Mapping Parks and Recreation Information Systems Golf Course OTHER: X to mark X Initials JW On October list, 2024 City Council passed a resolution declaring the City's intent to for an L.I.D. for Utility Connection Fees, which will allow property owners to finance fees for utility extensions and connections to City sewer, water, and pressure irrigation services within the City of Caldwell. This L.I.D. will allow property owners to pay the connection fees associated with sewer, water and irrigation hookups over a 10-year period. The costs of this L.I.D. shall be paid for from a levy of special assessments against the properties within the City of Caldwell that are benefited by this proposed L.I.D. Inclusion to this L.I.D. is voluntary. At the Public Hearing the City Council must take written and verbal testimony both for and against the formation of the proposed L.I.D. After hearing the testimony the Council must determine if it is in the best interest of the City to ratify the Resolution of Intention, and if so, to pass the Ordinance or Bill creating the L.I.D. As this is a voluntary program there may be no protests against its formation. RECOMMENDED ACTION: Ratify the Resolution of Intention and pass the Bill creating the L.I.D. 24-4 under a suspension of the rules on the first reading.