HomeMy WebLinkAboutORD 3600Canyon County
Recorder's Office
Document
Cover Sheet
2024-014152
RECORDED
05/0II9/2024 02:00 PM
00810203202400141620030036
RICK HOGABOAM
CANYON COUNT! RECORDER
PW-3 TYOUREN NO FEE
ORDINANCE
CALDWELL CITY OF
ble- 12 I-Ue
BILL NO.38
ORDINANCE NO.3600
AN ORDINANCE OF THE CITY OF CALDWELL IDAHO, CREATING LOCAL
IMPROVEMENT DISTRICT NO.24-2 FOR CALDWELL IDAHO, FOR THE
CONSTRUCTION OF CONCRETE CURB, GUTTER, DRIVEWAY APPROACHES,
PEDESTRIAN RAMPS, AND SIDEWALKS IMPROVEMENTS; PROVIDING FOR
THE LEVYING OF ASSESSMENTS UPON THE PROPERTY TO BE BENIFITTED 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 BIDS.
WHEREAS, on April 16, 2024, the Caldwell City Council, by Resolution No. 139-24 declared its intent
to create a Local Improvement District, LID 24-2; and,
WHEREAS, on May 7, 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 24-2.
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 May 7, 2024, hereby makes the following findings:
(a) LID 24-2 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 24-2 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, a local improvement district in the City of Caldwell, Idaho, to be
called Local Improvement District No. 24-2, for curb and sidewalk improvements; the boundaries of the
real property included herein are in accordance with the Resolution of Intention. Which was therefore and
hereby is adopted, ratified and approved; and the boundaries of said district and real property included
therein, all within the City of Caldwell, are described as follows: to wit:
At various locations within the corporate limits of the City of Caldwell at time of
construction.
Section 3: The property shall be assessed for construction costs not paid by the City; said amount is
estimated to be $270,000.00 provided however, said costs shall not exceed the actual cost of constructing
the right-of-way improvements together with expenses set forth in section 5. The City will pay 25% of
each property owner's total construction costs.
Section 4: Each lot and parcel of land shall be separately assessed for said debt or cost and expense by a
front foot and/or square foot method of measurement in proportion to the benefits derived to such
property by said improvements or utility services which are optional with each land owner and shall be
assessed in proportion to the cost of providing said improvements, sufficient to cover the total cost and
expense of the work. The cost and expense to be assessed as herein provided shall include the contract
price of the improvements, engineering, legal fees and clerical services, advertising, cost of inspection,
cost of collecting assessments, and interest upon warrants, if issued.
Section 5: The City Engineer of the City of Caldwell is hereby appointed and directs the City Engineer to
prepare the plans and specifications necessary for the construction work.
Section 6: The City Engineer is hereby directed to make an assessment roll according to the provisions of
Idaho Code, Section 50-1712.
Section 7: Advertisement for bids for the construction to be funded hereby shall he made in accordance
with the provisions of chapter 28, title 67, Idaho Code.
Section 8: Following the award of the contract for the work contemplated hereunder, and following
thereafter the preparation of the assessment roll and report showing total costs and expenses by the City
Engineer, the council shall fix a time and place when and where the council will meet in open session and
consider the report and the assessment roll and hear all objections to the assessment roll by the property
owners of the district. The report, assessment roll, and notice for said hearing shall be prepared and
published in compliance with Idaho Code § 50-1712 and § 50-1713.
Section 9: The hearing on the assessment roll shall be conducted pursuant to Idaho Code § 50-1713 and §
50-1714.
Section 10: 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 11: 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, and each part hereof, irrespective of parts declared invalid, unauthorized or
unconstitutional.
Section 12: This ordinance shall be effective upon publication, which publication shall occur on May 14,
2024.
Section 13: 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 7'^ day of May, 2024
PASSED BY THE MAYOR of the City of Caldwell, Idaho this 7' day of May, 2024
APPROVED: ..'rOF CA1-400%,� ATTEST:
C, rt<<:
MayorJarom oner� ? Ci Clerk
_ JAN 15
,•��'�.._ � W NTH :��'`��.
MEMORAND cM
TO: Caldwell City Council
Meeting Date May 7th . 20 24
Al=
,o u
AGENDA ITEM INFORMATION
SUBJECT:
Department Submittals
r to
mark
initials
Building Department
Pass an Ordinance for the formation of Local Improvement
District (L.I.D.) 24-2 for the construction and replacement of
CDBG
concrete sidewalks, pedestrian ramps, driveway approaches,
Clerk
and curb and gutter on City Right -Of -Way in the City of
City Attorney
Caldwell.
Finance Department
Human Resources
Planning & Zoning
Fire Department
Police Department
Public Works
Street Department
Water Department
WWTP
Engineering
X
JW
COST IMPACT:
Mapping
FUNDING
SOURCE:
Parks and Recreation
TIMELINE:
Airport
Information Systems
Golf Course
FINANCE BUDGETED: ❑ NOT ❑
REVIEW: ElBUDGETED:
OTHER:
SUMMARY STATEMENT:
At the Public Hearing the City Council must take written and verbal testimony both for and against the
formation of the proposed Local Improvement District (L.I.D.), which will allow property owners to install
and replace miscellaneous concrete work on public right-of-way.
The L.I.D. will allow property owners to finance the work over a ten-year period. The City will pay 25% of the total
construction, materials and furnishings costs of concrete improvements within said City Right -Of -Way along with
100% of the total construction, materials and furnishings costs of alley entrances and corner and mid block bulb -outs.
The remaining 75% of the total construction, materials and furnishing shall be borne by the individual property
owners.
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.
The Ordinance gives authorization for the L.I.D. project to go to bid.
RECOMMENDED ACTION:
The Engineering Department recommends ratifying the Resolution of Intention and pass the Ordinance creating
L.I.D. 24-2 under a suspension of the rules on the first reading. This will allow the City to go to bid for the
concrete replacement project.
dCoo
AFFIDAVIT OF PUBLICATION
STATE OF IDAHO
23178 514443 County of Canyon and Ada
1 CALDWELL, CITY OF SHARON JESSEN
of the State of Idaho, being of first duly sworn, deposes
PO BOX 1179 and says:
CALDWELL, ID 83606 1.That I am a citizen of the United States, and at all
times hereinafter mentioned was over the age of
eighteen years, and not a party to the above entitled
action.
2.That I am the Principle Clerk of the Idaho Press -
Tribune, a daily newspaper published in the Counties
of Canyon and Ada, State of Idaho; that the said
newspaper is in general circulation in the said
counties of Canyon and Ada, and in the vicinity
of Nampa, Caldwell, and Boise, and has been
uninterruptedly published in said Counties during a
period of seventy -eight consecutive weeks prior to
the first publication of this notice, a copy of which is
hereto attached.
3.That the notice, of which the annexed is a printed
copy, was published in said newspaper and on
IdahoPublicNotices.com 1 times(s) in the regular
and entire issue of said paper, and was printed in the
newspaper proper, and not in a supplement
That said notice was published the following: 05/14/2024
SHARON JESSEN
STATE OF IDAHO
On this 14th day of May, in the year of 2024 before me a
Notary Public, personally appeared. SHARON JESSEN,
known or identified to me to be the person whose name is
subscribed to the within instrument, �%btfi tb W me first
duly sworn, declared that the state e�rue,
and acknowledge to me that he/k e eW(FW#A
MY COMMISSION
EXPIRES6.28-2029
Notary c of Idaho �'�. rysrq OF
�i''N
My commission expires gp��uutNtNUM��pN�
AD# 514443AD#
a ,
BILLN0.30
ORDINANCE NO.3500
AS. on Mayy ] 2024, a protest hearing was
asrequired by1a end,
AS, all notices required for went hown, were I
required bylaw; and.
A5, the Caldwell City County desires to move
create LID 24-2.
HEREFORE. BE R ORDAINED BY THE MAI
INCIL OFTHE CITY OF CALOVIELL, IDAHO:
1: The Caldwell City wundl, based upon all If
edabie to it, Including, without gmilallon, Icahn
noteat hearing held oa May Z 2024, hereby m:
corporate Wei of the City of
section 3: The property shag be assessedfor c0nstrun-
lion Is ad paid by the City, caM amount is estimated to
be S270,000.00 praWded however, went costa shag not exceed
no actual cost of constmding the righla4wayy Impovements
together with expenaac sst forth m copier S.The My will pay
25-4 of each properlyowner's 1aral constraction basis.
Section 4: Each Ira and parent of and shall be separately
assessed for sold debt or coal and evense by a Iron) fool
a or ssqq�are foot method of measurement surementinprapoHlon to
M derNed to such property by said lmprowerenls or
utdM eMces which are Will with each land owner and
she be assessed In proportion W the cast of provldmg said
Improvements, sufficient to cover Na INal bast and expense of
vidaashallmctudeah and tube....ad as merspro-
pre pmvemancaas o-
gineeri g, legal fees and dedasl services, advertising,Inters 1 of
map anne ,I cost of collecting assessments, and Interest upon
w+rtentc, it issued.
Section 5: The Clty En bear of the City of Caldwell is ham -
by p,inted and dinner 9. uy Engineer to pmpare the plans
and specigcallons necessary tar the banalaral work
Section 5: The City Engineer is hereby directed to make an
asiessimant roll according to the provisions of Idaho Code,
Section 50-I112.
Me
Na of parts declared Invegd, unaulharNed or unconstitutional.
Sectlen.l3: This ordinance tried be effective upon pubiica-
on, which publication shall scour on May 14. 2024.
Section 13: All ordinances, raaplNlMs. or parts thereof, In
o anare hereby repeated and it concept pnull and
old.
herewith,
PASSED BY THE COUNCIL of the City of Caldwell, Itlaho,
his Th day of May, 2024
PASSED BY THE MAYOR of the City of Caldwell. Idaho this
In day of May 2024
APPROVED: Jarom Valence Mayor
ATTEST: Details Geyer, City Cloth
May 14, 2024 514443