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Home My WebLink AboutORD 3732BILL NO.80 ORDINANCE NO.3732 AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING ORDINANCE NO. 3067 ESTABLISHING THE "DOWNTOWN CALDWELL BUSINESS IMPROVEMENT DISTRICT," PURSUANT TO CHAPTER 26, TITLE 50, OF THE IDAHO CODE, PROVIDING LEGAL DESCRIPTIONS OF THE PROPERTY WITHIN THE DISTRICT AND MAKING TECHNICAL CORRECTIONS; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF, IN CONFLICT HEREWITH. WHEREAS, Idaho Code § 50-2601, et seq., authorizes the organization of a Business Improvement District by any incorporated city; WHEREAS, the City of Caldwell created a "Downtown Caldwell Business Improvement District (BID)," by passing Resolution No. 146-16, adopted on July 18, 2016; WHEREAS, the City of Caldwell finalized the process of establishing the Downtown Caldwell BID by passing Ordinance No. 3067, which was signed into law on August 15, 2016; and WHEREAS, there is a need to clarify the property legal descriptions in Ordinance No. 3067 to help operation of the district, as well as making technical corrections in the ordinance. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the City of Caldwell, County of Canyon, State of Idaho: Section 1: That Ordinance No. 3067 pertaining to the Downtown Caldwell Business Improvement District, be amended as follows: Section 4-2: That the City of Caldwell, Idaho, by Resolution No. 146-16, of the Mayor and Council, adopted on July 18, 2016, adopted the following titled resolution: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALDWELL, IDAHO, DECLARING THE INTENTION OF THE CITY TO ESTABLISH A BUSINESS IMPROVEMENT DISTRICT PURSUANT TO CHAPTER 26, TITLE 50, OF THE IDAHO CODE, FOR THE GENERAL PURPOSES ALLOWED THEREIN, STATING THE TIME AND PLACE OF AHEARING TO BE HELD BEFORE THE CITY COUNCIL TO CONSIDER ESTABLISHMENT OF SAID DISTRICT, AND RESTATING ALL OF THE INFORMATION CONTAINED IN THE INITIATION PETITION REGARDING BOUNDARIES, PROJECTS AND USES, AND ESTIMATED RATES OF ASSESSMENTS. OR p � ll- Section .3: That the City of Caldwell held a public hearing on the proposed formation of the Downtown Caldwell Business Improvement District at the hour of 7:00 p.m., in the Community Room of the Caldwell Police Department, located at l 10 South 5" Avenue, Caldwell, Idaho, at which time and place the City Council in open and public session considered all protests and received all evidence for or against the creation of the "Downtown Caldwell Business Improvement District," and, thereafter, determined it to be in the best interest of the City of Caldwell to authorize this ordinance creating said "Downtown Caldwell Business Improvement District." Section 34: That there shall be, and there hereby is created, a Business Improvement District in the City of Caldwell, Idaho, to be called the "Downtown Caldwell Business Improvement District," which shall include all the property within said improvement district; the boundaries of and the lands to be included therein are in accordance with the resolution of intention, which was heretofore and hereby is, adopted, ratified, and approved; and the boundaries of said district are described as follows: See Exhibit "A," attached hereto and incorporated herein by this reference, as if set forth in full. The legal descriptions for the properties within the Downtown Business Improvement District are provided below: DESTINATION CALDWELL TIER I BOUNDARY: CONSISTING OF THE FOLLOWING BLOCKS OF THE REVISED MAP OF CALDWELL, AS RECORDED IN BOOK _l, PAGE 20 CANYON COUNTY RECORDERS, CANYON COUNTY, IDAHO. AND THE FOLLOWING BLOCKS OF DORMAN'S ADDITION, AS RECORDED IN BOOK 1, PAGE 19 CANYON COUNTY RECORDERS CANYON COUNTY IDAHO: REVISED MAP OF CALDWELL: BLOCKS 2-13, 17-22, 23-27, 74-79 AND 103 DORMAN'S ADDITION: BLOCKS 25 AND 26 TIER 2 BOUNDARY: CONSISTING OF THE FOLLOWING BLOCKS OF THE REVISED MAP OF CALDWELL, AS RECORDED IN BOOK 1, PAGE 20, CANYON COUNTY RECORDERS, CANYON COUNTY, IDAHO. AND THE FOLLOWING BLOCKS OF DORMAN'S ADDITION, AS RECORDED IN BOOK 1 PAGE 19 CANYON COUNTY RECORDERS CANYON COUNTY IDAHO. AND THE FOLLOWING BLOCKS OF GOANDU ADDITION AS RECORDED IN DUPLICATE BOOK OF PLATS BOOK 2 PAGE 70-71 CANYON COUNTY RECORDERS CANYON COUNTY, IDAHO. AND THE FOLLOWING BLOCKS OF FAIR ACRES AS RECORDED IN DUPLICATE BOOK OF PLATS, BOOK I, PAGE 33, CANYON COUNTY RECORDERS, CANYON COUNTY, IDAHO. AND THE FOLLOWING BLOCKS OF GOLDEN GATE ADDITION TO CALDWELL AS RECORDED IN DUPLICATE BOOK OF PLATS, BOOK 3, PAGES 26-27, CANYON COUNTY RECORDERS, CANYON COUNTY, IDAHO. AND THE FOLLOWING BLOCKS OF CALLOWAY ADDITION AS RECORDED IN INSTRUMENT NUMBER 1969123105 CANYON COUNTY RECORDERS CANYON COUNTY, IDAHO: REVISED MAP OF CALDWELL: BLOCKS 0, 1,14-16, 28, 29, 32, 33, 36, 37, 42, 43, 47, 48, 63-68, LOTS 6-17, BLOCK 69 71-73 88-94 96 98 99 102 106 107 AND 114 DORMAN'S ADDITION: BLOCKS 13, 14, 27 AND 36 FAIR ACRES: BLOCK 18 GOLDEN GATE ADDITION TO CALDWELL: BLOCK 71 CALLOWAY ADDITION: BLOCK 3 Section 4-5: That the City of Caldwell hereby states, as required by Idaho Code § 50- 2610(4), that the businesses in the district established by this ordinance shall be subject to the provisions of the special assessments authorized by Idaho Code § 50-2601, et seq. Section -56: That the purposes for the establishment of the "Downtown Caldwell Business Improvement District" are as follows: a. The promotion of public events which are to take place on or in the District, including, but not limited to, regular promotional sales. b. The general promotion of retail trade and professional activities in the District, including, but not limited to, promotional advertising and marketing activities. c. The operational costs to manage, develop and promote the District, including the design and implementation of advertising and promotions, recruiting new businesses to the District, assisting the redevelopment of downtown business, and to participate in any other related activity necessary or desirable for the promotion of business in the District. d. The physical improvement and decoration of any public space within the District, including, but not limited to, the placement or replacement of trees, shrubs, and plants, the maintenance of downtown landscaping and improvements, and other projects intended to beautify and improve the appearance and welcoming nature of the District. e. The perpetual funding of operations at Indian Creek Plaza, including, but not limited to, management and staffing, scheduling, marketing, beautification, and programming of year round events at the Plaza. Any and all other purposes for which such a District may be formed pursuant to Idaho Code § 50-2601, et seq. Section 67: That the City Engineer is hereby directed to make out an assessment feleroll, according to the provisions of this ordinance. The rate of levy of the annual special assessment shall be as set forth below: a. In the case of properties located in Tier 1, the annual assessment shall be equal to one-third of one percent (1.`3 °o) of the most recent assessed value, as determined by the Canyon County Assessor's Office. b. In the case of properties located in Tier 2, the annual assessment shall be equal to one - quarter of one percent (1.4 %) of the most recent assessed value, as determined by the Canyon County Assessor's Office. c. The following properties shall be exempt from assessment: i. Those residences qualifying for and receiving a "Homeowners Exemption" from Canyon County; ii. Those properties, or portions of properties, qualifying for and receiving an exemption from Canyon County from payment of property taxes due to the owner or occupant's status as a "Nonprofit Organization," but only to the extent of the exemption granted; iii. Those properties, or portions of properties, qualifying for an exemption from payment of real property taxes due to the owner or occupant's status as a governmental or quasi -governmental entity. d. Should the assessment of any single parcel of property (calculated in accordance with the above) be in excess of $5,000.00, the owner of said property shall only be required to pay a maximum of $5,000.00. Section -78: That the proposed assessments shall be paid annually, and shall be assessed on a calendar year basis. Section 99: The estimated rate of the annual special assessment may be changed up or down, as provided for and following the procedures and requirements set forth in Idaho Code § 50-2614. Section 910: The life and duration of the proposed district shall be perpetual, unless disestablished in accordance with the procedures set forth in Chapter 26, Title 50, Idaho Code. Section 4411: This ordinance shall be in full force and effect from and after its passage, approval, and publication, according to law. Section 41-12: This ordinance is hereby declared to be severable. If any portion of this ordinance is declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purposes of the ordinance before the declaration of partial invalidity. Section 4-213: All ordinances, resolutions, orders and parts thereof in conflict herewith are repealed. PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 15" day of December, 2025. APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 15`h day of December, 2025. Mayor Jarom Wago er OF CALF F ` �Qerk or Deputy + JAN 15 n: •o �''•, COUNt� ;••'• ORDINANCES OF THE CITY OF CALDWELL NOTICE OF ADOPTION AND SUMMARY OF ORDINANCE NO. 3732 AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING ORDINANCE NO. 3067 ESTABLISHING THE "DOWNTOWN CALDWELL BUSINESS IMPROVEMENT DISTRICT," PURSUANT TO CHAPTER 26, TITLE 50, OF THE 1DAHO CODE, PROVIDING LEGAL DESCRIPTIONS OF THE PROPERTY WITHIN THE DISTRICT AND MAKING TECHNICAL CORRECTIONS; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF, IN CONFLICT HEREWITH. Sections I through 10: Amends Ordinance No. 3067 pertaining to the Downtown Caldwell Business Improvement District to add legal descriptions, renumber the ordinance sections and make a technical correction. Sections 11 through 13: Provides that this ordinance shall be in full force and effect from and after its passage, approval, and publication, according to law; provides for severability; repeals conflicting ordinances, resolutions, and orders. Ordinance No. 3732 provides an effective date, which shall be on the 15 day of December, 2025. Ordinance No. 3732 was passed by the Council and approved by the Mayor on the 15 day of December, 2025.. The full text of the Ordinance is available at Caldwell City Hall, 205 South 6" Avenue, Caldwell, Idaho 83605. The Mayor and City Council approved the foregoing summary on the 15 day of December, 2025, for publication on the 23 day of December, 2025, pursuant to Idaho Code § 50-901 A. Mayor Jarom Wagoner ATTEST: Kristina Buchan, City Clerk STATEMENT OF LEGAL ADVISOR I have reviewed the foregoing summary and believe that it provides a true and complete summary of Ordinance No. 3 a id provides adequate notice to the public as t e r�on its such ordinance. DAT :) this 5 day of Dece per, 2025. Oscar Klaas, Attorney for City of Caldwell Canyon County Recorder's Office Document Cover Sheet CO UIv?,r140� _x U \•1892•/ o 2025-046293 RECORDED 17J1712025 10:04 AM �I I �I I III Il 111I I II 1 1 II I l� I lll��lllll�llll��f� 00903789202500462930070071 RICK NOGABOAM CANYON COUNTY RECORDER Pgs=7 ZBLAKESLEE NO FEE ORDINANCE CITY OF CALDWELL