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HomeMy WebLinkAboutORD 3601Canyon County Recorder's Office Document Cover Sheet 2024-014153 RECORDED 05/09/2024 02:00 PM li I II I! III I III I i I I III I II I! I III I 00I 31 II I II I Nl III RICK HOGABOAM CANYON COUNTY RECORDER Pgs=3 TYOUREN NO FEE ORDINANCE CALDWELL CITY OF c/ft7 2&C)/ BILL NO.39 ORDINANCE NO.3601 AN ORDINANCE OF THE CITY OF CALDWELL IDAHO, CREATING LOCAL IMPROVEMENT DISTRICT (L.I.D.) NO. 24-3 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 April 16, 2024, the Caldwell City Council, by Resolution No. 140-24 declared its intent to create a Local Improvement District, LID 24-3; 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 24-3. 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 24-1 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 24-1 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. 24-3, 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, the City of Caldwell Water Department will install a water meter and service for the residence to the property 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 he 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 three hundred thousand (300,000) dollars, said costs shall not exceed the actual cost of the connection fees together with expenses set forth in Section 6. Section 6: 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 7: 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 8: 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 9: The hearing on the assessment roll shall be conducted pursuant to Idaho Code § 50-1713 and § 50-174. 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 9: 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 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 7te day of May, 2024 PASSED BY THE MAYOR of the City of Caldwell, Idaho this 7' day of May, 2024 ,'llr-OF CAI to APPROVED: N O� ATTEST: Mayor Jarom Wager ¢ n § JAN 15 City Clerk 1890 MEMORAND uM TO: Caldwell City Council Meeting Date May 7th 2024 L= C� AGENDA ITEM INFORMATION SUBJECT. Department Submittals X to mark Initials Building Department Pass an Ordinance for the formation of Local Improvement District (L.I.D.) 24-3, an L.I.D. for CDBG financing fees for utility extensions and connections Clerk to City sewer, water, and pressure irrigation services City Attorney within the City of 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. El❑ BUDGETED: ❑ OTHER: SUMMARYSTATEMENT: On April 16th, 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. 24-3 under a suspension of the rules on the first reading. AFFIDAVIT OF PUBLICATION STATE OF IDAHO 23178 514445 County of Canyon and Ada I CALDWELL, CITY OF SHARON JESSEN of the State of Idaho, being of first duly sworn, deposes PO BOX 1179 and says: CALDWELL, ID 83606 lJhat 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. 2.7hat 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. 3.7hat 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: 05/16/2024 a4�+ a SHARON JESSE STATE OF IDAHO On this 17th 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, and being by me first duly sworn, declared that the statements therein are true, and acknowledge to me that he/she executed the same. Notary Public of Idaho W COMMISSION My commission expires tEXFIRES828-2029 514445 r. C'�:;f'l Q . BU NO. ]a ORDINANCE NO. M I on MW T. 2024, a "SO hearing wed M1ek ,mmtl by law; Aid W redoes myuired for and he., were putr as bs aw: and. be Cedw.N CRY Cowmfi &mires to rmw for, . uo 2a-s. EFORE, BE If ORDAINED BY THE MAYOR . OFTHE CRT' OF CALOWEU. IDAHO'. he C.MWel CRY cani hued upon all Inlay le Sit 0, naWdmp, wbMN Bnilalxn, led'mdry , hearing held on Mry ). 2024, hereby mekea rings' sit be far Me bad .'a..' d Me propedy aned- and ma munkyals, At a web, IS reasonable 'nam ili, MY Me cbligatione or s pad. Visit of She prµer, Yrth. in. proposed dWld, NF limed + np'^vemenu.a-Ifici don recover as osmq to rape, Me costa of med mprOWmems. here is heron, create, Or L.I.O. M Me CRY d The boundaries of mid d'oMq are tlafned ty Me Mrporale little of Me City or Caldwell at Imo of Nil" comedb, feeder p: Each bl am Para[ d All Mat oonneof. to Clly es mdn the term. of Mia LI.Q shall be cµnaleN AS. sµee for µid debt or cost and e.pen.e of said cennestan fees n proportion to the benefits denied to such pnopady by sae mprommema. The cost and aspe,asd be assessed as heroin p.W.d MaN Intrude only sews an&m to, anwor impalian connection fees as mcpWd by City Council, PnapeM roman may nut nbkda me mat of cominiclion madded to conned Me PmpeRy 1. sewer ambn water and/or Imµore imgation and Me dµ.w.ning of Sisk lanxd In Me race of A move, amnedion Me conmetlion fee allows the parch, om xnto be connected onto Me City sewer eysUm. The prep mr.,vma shA hire. bcen.ad plumber Io make Me Ion in me cxv P. Sam, i'Sm In M. ins..1 A ..for aomec en appm,"O. Beellon 5: The cod and expense aµµµd hash pmWo shall s9tame Me cost of the cwmxiwn fees and permits carlcnal µesonel�dm'rNapnOn opals such u µgnaern q, Finacom. colledmg M a... manta, bo ding, and al ems., for p,apann, Me prose. .r, n,egad thereto. Sddlm l: The CRY Engineer m hereby appointed as Me ficMl npmear for role ptgecl and ehaff prep,• Me news pL s aid p-ifica ne br Me condructron o1 impri And An m...sm.t roll for Me LLD. Race. T: After corwtrucom of Me imrmvemmta and audl time AS Me Council Map auNorim. the En4neer at Section l: The he.,., m' daclM punuanl to Idaho Co, Batton 0: N, following and n a amncpnme 1. max. Me r Word Code § 50-1715, the as Sedbn 12: All omanances, meolNxns. o —MA ImmaIM, ara hereby,,.WW SMFM COUNCIL of Me City of Caldwell, Idah, 2024 MAYOR M Me CM of Calif Idaho Ma APPROVED'. Maya Jame Wynnan ATTEST: Debme feat, se