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HomeMy WebLinkAboutORD 15790 BILL NO. 26 ORDINANCE NO. 1579 AN ORDINANCE ESTABLISHING AND CREATING LOCAL IMPROVEMENT DISTRICT NO. 80 FOR THE CITY OF CALDWELL, IDAHO, FOR THE PURPOSE OF CONSTRUCTING STREET IMPROVEMENTS, STATING THE STREETS UPON WHICH THE SAID IMPROVEMENTS ARE TO BE MADE, PROVIDING THE KIND AND CHARACTER OF THE PROPOSED IMPROVEMENTS WHICH ARE AN ORIGINAL IMPROVEMENT; DESCRIBING THE BOUNDARIES OF SAID DISTRICT AND THE PROPERTY THEREIN TO BE BENEFITED BY THE IMPROVE- MENTS TO BE MADE; PROVIDING FOR THE TOTAL ESTIMATED COSTS AND EXPENSES OF IMPROVEMENTS TO BE LEVIED AND ASSESSED AGAINST THE ABUTTING, ADJOINING, AND ADJACENT LOTS AND LANDS TO BE BENEFITED BY SAID IMPROVEMENTS; PROVIDING FOR THE ISSUANCE OF BONDS IN PAYMENT OF THE COSTS AND EXPENSES OF SAID IMPROVEMENTS ASSESSED AGAINST THE ABUTTING, ADJOINING AND ADJACENT LOTS AND LANDS; PROVIDING FOR THE APPOINTMENT OF AN ENGINEER TO PREPARE THE NECESSARY PLANS AND SPECIFICATIONS FOR THE IMPROVEMENTS HEREBY ORDERED AND THE PREPARATION AND FILING OF AN ASSESSMENT ROLL AND A LOCAL IMPROVE- MENT DISTRICT MAP PURSUANT TO THE PROVISIONS OF SECTION 50 -1712, IDAHO CODE; PROVIDING A PROCEDURE FOR THE FILING, CERTIFICATION, NOTICE OF HEARING AND CONFIRMATION OF SAID ASSESSMENT ROLL, AND FOR THE NOTICE AND PAYMENT OF ASSESSMENT INSTALLMENTS SO CONFIRMED, CREATING CERTAIN FUNDS AND DOCKETS; PROVIDING SEPARABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Resolution No. 99 -80 declaring the intention of the Council to create Local Improvement District to be known and designated as Local Improvement District No. 80 of the City of Caldwell, Idaho, for the purpose of constructing street improvements including concrete curb and gutter, excavation, gravel base, asphalt surfacing, widening and drainage and sidewalks, said sidewalk to be required for Lot 1, Block 1 of Bishop's Replat as condition of the acceptance of the plat and to be optional for the remaining properties in the district, was duly adopted by the Council at its regularly scheduled meeting of August 19, 1980, and thereafter approved by the Mayor on said date, and by which Resolution the Council established a protest hearing to be held before it on September 16, 1980, at 7:30 o'clock p.m. at the Council Chambers in the City Hall at which time the Council would proceed to publicly hear and determine all protests filed and made by property owners against the proposed improvements or the creation of said Local Improvement District; WHEREAS, at its regularly scheduled meeting of September 16,1980, the Council held the public hearing established by Resolution No. 49 -80, notice (both publication and mailing to property owners) of said hearing as given by the City Clerk having been approved, ratified and confirmed as being in the manner and form required by Section 50 -1708, Idaho Code, to hear all protests against the proposed improvements and the creation of ORDINANCE - 1 said district and protests having been received against the proposed improvements and creation of said district, the Council heard and passed upon all protests made against the proposed improvements and the creation of said,district, and thereupon by motion duly made, seconded and carried specifically ratified and confirmed said Resolution No. 49 -80 and in support of such ratification, confirmation and approval made the following findings of fact and conclusions of law: (a) That notice of the public hearing upon the said Resolution of intent to create said Local Improvement District (by publication of notice in the Idaho Press Tribune, and by mailing notice to each property owner) as given by the City Clerk was given in the manner required by law and is therefore ratified and confirmed; (b) That the creation of said Local Improvement District will be for the best interest of the property affected and the City; (c) That there is reasonable probability that the obligations of the district will be paid considering that the values of the property, including improvements herein ordered to be made, is not less than the sum of $609,350.00 and that the estimated cost of the improvements is in the amount of $37,832.00 of which 100% shall be levied upon and assessed against the property owners benefited by the method or manner provided in subparagraph (e) below; (d) That the market value of the property as determined by the Assessor of Canyon County in the amount of $609,350.00 is hereby deemed, fixed and established as the actual value of the property (real property and improvements thereon) situate within the boundaries of said proposed district, and that said actual value of the property (real property and improvements thereon) situate within the boundaries of said proposed district, and that said actual value is determined to be in compliance with, and therefore sufficient to sustain the security for payment of the proposed improvements, the value of limitations described in Section 50 -1711, Idaho Code; (e) That the method or manner of assessing each owner of each lot, parcel or tract of real property on an equal basis, i.e., the total costs and expenses of said improvements shall be divided and assessed ANC E - 2 a equally among all property owners of lots, tracts and parcels of property that abut and adjoin, and are otherwise contiguous and adjacent to, the public streets, alleys, ways, and easements upon, along, under and within which said improvements are constructed and installed, is deemed to be the benefit that will be derived by each owner of each lot, parcel or tract of real property; and (f) That the City Attorney prepare the ordinance creating the aforesaid Local Improvement District and ordering the improvements to be made in accordance with the action of the Council. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CALDWELL, IDAHO: Section 1. There is hereby established and created Local Improvement District No. 80 for the City of Caldwell, Idaho, for the purpose of constructing street improvements including concrete curb and gutter, excavation, gravel base, asphalt surfacing, widening and drainage and sidewalks, said sidewalk to be required for Lot 1, Block 1 of Bishop's Replat as a condition of the acceptance of the plat and to be optional for the remaining properties in the district, which improvements are to be made within the boundaries of the proposed district, which are hereinafter described: (a) BOUNDARIES: Commencing at the Southeast corner of Lot 3 of Block 1 of Bishop's Replat to the City of Caldwell, Idaho; thence Westerly to the Southwest corner of said Lot 3; thence Southerly to the Southwest corner of Lot 2 of said Bishop's Replat; thence Westerly along the South boundary of Lot 2 and Lot 1 and Lot 1 extended, 177.65 feet to the centerline of South Homedale Avenue; thence North along the centerline of South Homedale Avenue to its intersection with the centerline of Hillcrest Lane; thence East along the centerlin of Hillcrest Lane to its intersection with the centerline of North Homedale Avenue as the centerline is defined in the plat of Clair Vista Subdivision to the City of Caldwell; thence North along the Centerline of North Homedale Avenue, 165.61 feet; thence East 25.00 feet to the Northwest corner of Lot 1 of Block 2 of said Clair Vista Subdivision; thence East along the North line of said Block 2 to the ORDINANCE - 3 0 0 Northeast corner of Lot 7 of said Block 2; thence East 30.00 feet to the centerline of North Georgia Avenue as defined on the plat of said Clair Vista Subidivision; thence South along the centerline of North Georgia Avenue to its intersection with the centerline of Hillcrest Lane; thence West along the centerline of Hillcrest Lane 331.30 feet; thence South 30.00 feet to the Northwest corner of Lot 1 of Block 1 of Paradise Estates to the City of Caldwell; thence South along the West line of said Lot 1, 125.00 feet; thence West 83.8 feet more or less to a point in the East line of Block 1 of said Bishop's Replat, which is 31.37 feet South of the Southeast corner of Lot 3 of said Block 1; thence North 31.37 feet to the POINT OF BEGINNING. (b) IMPROVEMENTS: The nature, character and description of the improvements proposed to be constructed and installed consist of: Concrete curb and gutter, excavation, gravel base, asphalt surfacing, widening and drainage and sidewalks, said sidewalk to be required for Lot 1, Block 1 of Bishop's Replat as a condition of the acceptance of the plat and to be optional for the remaining properties in the district. (c) ESTIMATED COST: The total estimated cost of the aforesaid improvements is $37,832.00 all of which sum shall be levied upon and assessed against the property benefited thereby on the front foot basis in which the property abutting the street right of way adjacent to the improvement will be assessed the costs to be levied upon and assessed against the property and shall be divided and assessed equally on a pro rata basis among all property owners of lots, tracts and parcels of land. Each lot, parcel and tract of land shall be separately assessed for the cost of constructing and installing the aforesaid street improvements to each property so benefited as provided by Chapter 17, Title 50, Idaho Code, and the aforesaid costs shall be levied and collected in the manner and method provided by law for the levy and collection of special assessments. ORDINANCE - 4 (d) VALUE OF PROPERTY: The Council finds and declares that the value of the property within the said Local Improvement District is not less than the sum of $609,350.00 Section 2. The total costs and expenses of all improvements of said Local Improvement District No. 80 hereby ordered and authorized for the construction of street improvements including concrete curb and gutter, excavation, gravel base, asphalt surfacing, widening and drainage and sidewalks, said sidewalk to be required for Lot 1, Block 1 of Bishop's Replat as a condition of the acceptance of the plat and to be optional for the remaining properties in the district, including the contract price of the improvements, engineering, clerical and printing services, assessments (including principal and interest on bonds), legal and fiscal services for preparing proceedings and advising in regard thereto, and contingencies deemed and considered necessary by the Council, is hereby estimated to be the sum of $37,832.00, that the total estimated costs and expenses of said improvements herein ordered to be made, together with the interest thereon at the rate provided in the bonds to be issued, shall be paid on a front foot basis by the owners of the lots, parcels and tracts of real property abutting, adjoining the street right of way adjacent to the improvements and which are within the boundaries of the said Local Improvement District, by levying upon and assessing against and upon each owner of each lot, parcel or tract of real property a prorated equal amount of the aforesaid portion of said costs and expenses incurred for constructing and installing the aforesaid improvements, including interest upon the unpaid principal balance at the rate to be established upon the sale and issuance of bonds as aforesai such method or manner of assessment being deemed to be the benefit that each such lot, tract or parcel of real property will be severally benefited by the above described improvements to be made in the district and that no such lot, parcel or tract will be assessed in a greater amount than it will be actually benefited by said improvements. Section 3. That said improvements herein described and designated in Section 1 hereof, are hereby ordered to be made, and the total costs and expenses of said improvements as set forth in Section 2 hereof, shall ORDINANCE - 5 0 0 be assessed and levied in an equal prorated amount of the aforesaid amount of the aforesaid improvements against and upon each of the lots, parcels and tracts of real property abutting, adjoining and adjacent to and fronting upon the said public streets upon, along, and within which the aforesaid improvements will be constructed and installed and which are within the boundaries of the said Local Improvement District, and that no such lot, tract or parcel of real property will be assessed in a greater amount than it will be actually benefited by said improvements. The total costs and expenses of said improvements separately and equally assessed and levied upon and against each lot, parcel or tract of real property abutting, adjoining and adjacent to and fronting upon the public streets upon, along, and within which the aforesaid improvements are constructed and installed. If a property owner does not pay his proportionate amount of the aforesaid improvements so assessed and levied in the time provided by Section 50 -1715, Idaho Code, shall be paid as nearly as may be in fifteen (15) equal annual installments by each property owner; and for the purpose of paying the costs and expenses of the aforesaid improvements separately and equally assessed and levied upon and against each lot, parcel or tract of real property included within the boundaries of said Local Improvement District not paid in full in the time provided by Section 50 -1715, Idaho Code, bonds of Local Improvement District No. 80 for the City of Caldwell, Idaho, shall be issued in the form and manner required by Chapter 17, Title 50, Idaho Code, shall be serial in form and equal annual maturities (the last maturity installment due and payable not more than fifteen (15) years from the date of issue), shall be numbered one (1) upward consecutively, . and shall bear interest payable annually at a rate to be determined by the Council and as provided in said bonds. Section 4. Upon the passage and approval of this Ordinance, the Council of the City of Caldwell hereby appoints the City Engineer as the Engineer for said Local Improvement District, and further directs and requires said Engineer to: (a) Prepare the necessary plans and specifications for the construction of the work and improvement herein ordered for approval by the Council in order to call for bids and, upon receipt of bids, ORDINANCE - 6 0 0 thereby award a contract to the lowest responsible bidder for the construction of said work and improvement in the manner and form required by Section 50 -1710, Idaho Code; and (b) After the award of a contract as provided in subparagraph (a) above, prepare and submit a report to the Council (i) showing in detail the total costs and expenses of the improvements and the dollar amounts payable from assessments and from any other sources, and (ii) containing a form of an assessment roll which shall contain, among other things, the number of each assessment, the name of the owner, if known a description of each lot, parcel or tract of real property assessed, the amount chargeable to each lot, parcel or tract of real property within the boundaries of said Local Improvement District according to the method of assessment herein provided, and the total amount of all assessments; and the Council upon receipt of the Engineer's report, shall (i) cause the Assessment Roll to be filed in the office of the City Clerk for public inspection, (ii) fix a time and place when and where the Council will meet in open session to consider the report and the Assessment Roll and hear all objections to the Assessment Roll, and (iii) direct the City Clerk to give notice of the hearing on said Assessment Roll in the time and manner required by Section 50 -1713, Idaho Code. Section S. At the time and place appointed for a hearing of objections to said Assessment Roll, or a reasonable time thereafter, the Council shall consider the Engineer's report and the Assessment Roll and hear and determine all objections which have been filed by any party interested, (i) to the regularity of the proceedings in making such assessment (ii) to the correctness of such assessment and (iii) to the amount levied on any particular lot, parcel or tract of real property including the benefits accruing thereon, the proportionate share of the total cost of the improvements to be borne thereby, and the inclusion of any lot, parcel or tract of real property within the boundaries of the said Local Improvement District; and after said hearing the Council shall pass an ordinance confirming said Assessment Roll submitted to it by the ORDINANCE - 7 E u Engineer, or as revised and corrected by the Council as a result of hearing objections to said Assessment Roll in relationship to the benefits accruing thereon as a result of the improvements ordered to be made. Section 6. Immediately upon the passage of the ordinance confirming said Assessment Roll, the City Clerk shall (i) file the confirmed Assessment Roll with the City Treasurer and (iii) file for record with the Recorder of Canyon County, Idaho, either a certified copy of said Ordinance of Confirmation or a notice containing the date of passage and approval of the Ordinance of Confirmation and a description of the boundaries of the said Local Improvement District. Upon such certification and filing the confirmed Assessment Roll with the Treasurer, the assessments therein shall be due and payable to the Treasurer within thirty (30) days from the date of the passage and approval of the Ordinance of Confirmation, and if any assessment contained therein is not paid in full within said thirty (30) day period, such assessment shall become delinquent and shall be collected in the same manner and with the same penalties and interest added thereto as provided by the pertinent provisions of Chapter 17, Title 50, Idaho Code, the Local Improvement District Code. The Council herein chooses to make assessments unpaid at the end of said thirty (30) day period payable in installments and to issue and sell Local Improvement District bonds payable from such unpaid installment, and if any property owner who has not paid said assessment in full within said thirty (30) day period will be conclusively presumed to have chosen to pay the same in installments. All assessment payable in installments shall be due and payable in the manner and in the time required by the pertinent provisions of Section 50 -1715, Idaho Code, provided that if any installment is not paid within twenty (20) days from the date said installment shall become due, the same shall become delinquent and the Treasurer shall add a penalty of two percent (2 %) thereto. In addition to any other method of collection as provided in Chapter 17, Title 50, Idaho Code, the Council may certify delinquent installments to the tax collector and when so certified, they shall be extended on the tax rolls and collected as are property taxes. Upon the expiration of the aforesaid thirty (30) day period, the owner of any lot, parcel or tract of real property within the boundaries of said improvement ORDINANCE - 8 District may redeem his property from the liability of the assessments for the aforesaid improvements by paying all installments of assessments which are due plus any penalties and interest which may be payable on the same and the amount of installments not due with interest at the rate provided in the bonds from the date of the last installment due to one (1) year after the next interest date of said bonds, and the City Treasurer shall issue a receipt therefor and all sums so paid shall be applied solely to the payment of the costs and expenses of such improvements and the redemption of the bonds together with interest thereon. Section 7. Upon the City Clerk certifying and filing the confirmed Assessment Roll with the Treasurer, the City Treasurer shall mail a postcard or letter to each property owner assessed at his post office address if known, or if unknown, to the post office in the municipality where the improvement is being made, stating the total amount of the assessment and the substance of the terms of the payment of the assessment as set out in the ordinance confirming said Assessment Roll. Section 8. Within fifteen (15) days after the Assessment Roll shall have been confirmed by the Council, the City Engineer shall prepare and file with the City Clerk a map of the improvement District showing each piece of property separately assessed according to the descriptions in the Assessment Roll and shall number each piece of property shown on said map with the corresponding number of the assessment on said Roll. Section 9. There are hereby created the following funds and dockets: A. LOCAL IMPROVEMENT DISTRICT NO. 80 CONSTRUCTION FUND: The proceeds from the sale of bonds for said Improvement District, except accrued interest thereon, shall be deposited in this fund and held separate and apart from all other funds of the City. The City Treasurer is authorized to pay all expenses and costs actually and necessarily incurred in the construction, erection and installation of the improvements herein ordered to be made from such fund, subject to the auditing procedures established by statutes of the State of Idaho, ordinances of this City and the approval of the Council; B. LOCAL IMPROVEMENT INSTALLMENT DOCKET NO. 80: The City Treasurer shall prepare such docket after the issuance of bonds herein ORDINANCE - 9 r� • provided and upon certification of the Assessment Roll to him by the City Clerk and in which under separate headings, all unpaid assessments shall be shown as appears on the Assessment Roll, the number of the assessment, the name of the owner, the description of the property, the amount of the total assessment, the amount and date when due and each annual installment with interest added, and a blank column in which will be marked the date of payment of each annual installment with interest added and such docket shall stand thereafter as a lien docket for such assessments shown until paid; C. INTEREST FUND AND BOND FUND OF LOCAL IMPROVEMENT DISTRICT NO. 80: The City Treasurer shall keep any funds accruing by virtue of the provisions of this Ordinance separate and apart from any other funds of the City of Caldwell, and the amount of any such funds paid on account of installments for interest shall be kept in a fund to be known as Interest Fund of Local Improvement District No. 80 for the City of Caldwell, Idaho, and the amount of such funds paid on account of installments for the payment of the principal of bonds shall be kept in a fund known as Bond Fund of Local Improvement District No. 80 for the City of Caldwell; that the amount of such funds shall, from time to time, be deposited in such banks as are designated as depositories of public monies for the funds of the City of Caldwell or invested in the bonds of the City, interest so received on funds so deposited or invested shall be placed to the credit of the fund from which it is earned; and the interest due on bonds issued for the assessment of said Local Improvement District shall be paid out of the Interest Fund of said Local Improvement District and the bonds when they are mature shall be paid out of the Bond Fund of said Local Improvement District. D. LOCAL IMPROVEMENT DISTRICT GUARANTY FUND: Pursuant to Section 50 -1762 of the Idaho Code, the City Council of Caldwell has established a Local Improvement District Guaranty Fund for the purpose of guaranteeing to the extent of such fund the payment of bonds and interest thereon issued in payment of the cost and expenses of Local Improvement District No. 80. ORDINANCE - 10 0 M LA Section 10. All proceedings heretofore had in connection with the creation of the aforesaid District, the hearings held thereon and the giving of notice of said hearings are hereby, in all respects, ratified approved and confirmed and, by this ordinance, is the final determination of the regularity, validity and correctness of such prior proceedings. Section 11. The officers of the City of Caldwell are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Ordinance. Section 12. The provisions of this Ordinance are hereby declared separable, and if any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof. Section 13. This Ordinance shall be in full force and effect from and after its passage, approval and publication hereof. PASSED BY THE COUNCIL of the City of Caldwell, Idaho, this 16th day of September , 1980. APPROVED BY THE MAYOR of the City of Caldwell, Idaho, this 16th day of September 1980. ATTEST: ayor City Clerk