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HomeMy WebLinkAboutORD 1595BILL NO. 5 ORDINANCE NO. 1595 AN ORDINANCE MAKING CERTAIN FINDINGS IN CONNECTION WITH LOCAL IMPROVEMENT DISTRICT 80 FOR THE CITY OF CALDWELL, IDAHO, INCLUDING THE NAMING OF SAID DISTRICT, THE CREATION OF SAID DISTRICT, THE HEARING OF PROTEST AND THE FINDINGS MADE THEREAFTER IN CONNECTION THEREWITH: PROVIDING THE MEANS OF DETERMINING THE VALUE OF REAL PROPERTY IN SAID DISTRICT: SETTING OUT THE IMPROVEMENTS MADE, THE PROPERTY AFFECTED, AND THE BENEFITS TO BE RECEIVED BY THE PROPERTY ASSESSED WITHIN SAID LOCAL IMPROVEMENT DISTRICT: ASSESSMENT ROLL FOR SAID DISTRICT, LEVYING THE ASSESSMENTS CONTAINED THEREIN, PROVIDING FOR THE PAYMENT AND NOTICE OF SAID ASSESSMENTS, AND PROVIDING FOR THE FINALITY OF THE DETERMINATION OF THE REGULARITY, VALIDITY, AND CORRECTNESS OF SAID ASSESSMENT ROLL: RATIFYING THE PROCEEDINGS TAKEN IN CONNECTION WITH THE CREATION, PREPARATION AND ADOPTION OF THE ASSESSMENT ROLL, THE HEARING HELD THEREON AND THE NOTICE OF SAID HEARING AS TO SAID LOCAL IMPROVEMENT DISTRICT: PROVIDING SEPARABILITY, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in accordance with the provisions of Section 50 -1712, Idaho Code, the City Engineer filed and certified to the Mayor and City Council of the City of Caldwell, Idaho, the Assessment Roll for Local Improvement District No. 80 on the 9th day of December, 1980, at its regular meeting and the Mayor and City Council of the City of Caldwell, Idaho, established the time and place it would hear objections to said Assessment Roll, the assessments contained herein, and the regularity of the proceedings taken in making said Assessments; WHEREAS, said Assessment Roll having been filed in the Office of the City Clerk of the City of Caldwell, Idaho, and the Clerk having given notice, published and mailed to the property owners within said Local Improvement District in accordance with the provisions of Section 50 -1713, Idaho Code, of the time and place the Mayor and City Council of the City of Caldwell, Idaho, would hear and consider objections to said Assessment Roll and the time and place property owners could file objections to said Assessment Roll, the Mayor and City Council of the City of Caldwell, Idaho, did hold the scheduled hearing on January 6, 1981, and the Mayor and City Council of the City of Caldwell, Idaho, having heard all objections to said Assessment Roll, did adopt Assessment Roll as indicated thereon. WHEREAS, the Mayor and City Council now desires to pass and approve an Ordinance levying said Assessments, confirming said Assessment Roll and making certain findings in connection with said Local Improvement District No. 80. ORDINANCE - 1 NOW, THEREFORE, BE IT ORDAINED By the Mayor and City Council of the City of Caldwell, Idaho: Section 1. The Local Improvement District No. 80 mentioned in the premises of this Ordinance is hereby named and shall thereafter be known as "Local Improvement District No. 80" for the City of Caldwell, Idaho, the organization of said District having been initiated by a Resolution adopted by an affirmative vote of a majority of the members of the City Council of the City of Caldwell, Idaho. Section 2. On September 16, 1980, the Mayor and City Council of the City of Caldwell, Idaho, held a hearing, the notices (both publication and mailing to property owners) of said hearing as given by the Clerk being hereby ratified and confirmed, to hear all protests against the proposed improvements and the creation of said District, that the District was in the best interests of both the property affected and the City of Caldwell and that there was reasonable probability that the obligations of the District would be paid. Section 3. The actual value of each parcel of real property assessed herein, having been provided from the official records of the Assessor's Office of Canyon County, has been determined to exceed the cost of improvements assessed herein, together with all other outstanding and unpaid Local Improvement District assessments against said property. Said actual values are set forth in the said Local Improvement District in Section "d" - VALUE OF PROPERTY hereinafter shown. Section 4. The property to be assessed and the improvements made within said Local Improvement District No. 80 as provided by Ordinance No. 1579 are defined as follows: (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 ORDINANCE - 2 with the centerline of Hillcrest Lane; thence East along the centerline 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 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 Subdivision; 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 North- west 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) COST: The total cost of the aforesaid improvements is $28,675.96 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 ORDINANCE - 3 r� 0 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. (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. The total costs and expenses of the improvements authorized and ordered by said Ordinance No. 1579 in the aforesaid Local Improvement District are in the amount of $28,675.96 which shall be paid entirely from the proceeds of the assessments hereinafter levied. It is, therefore, expressly found and determined after public hearing as aforesaid that each lot, tract or parcel of real property hereinafter assessed in said District is assessed in the proportion that such lot, tract or parcel will be severally benefitted by the above described improvements made in the District and that no such lot, tract or parcel of real property is assessed in a greater amount than it will be actually benefitted by the improvements authorized and ordered by Ordinance No. 1579. Section 5. The Mayor and City Council of the City of Caldwell, Idaho, hereby confirms the Assessment Roll certified and filed with the City Clerk for the Local Improvement District No. 80 for the City of Caldwell, Idaho, and hereby orders the levy of the assessments shown in said Roll and thereby levies against each lot, tract and parcel of real property shown in said Roll the amount of assessments listed therein to -wit. ORDINANCE - 4 0 u I f X in I I H 1 D A t. F, AV E. I,(" I A ,w( ORDINANCE - 5 09 ru UI � Lr) n ( rn GLOJ031A i\ v E. ....... .. .. I,(" I A ,w( ORDINANCE - 5 0 ASSESSMENT ROLL LOCAL IMPROVEMENT DISTRICT NO. 80 Caldwell, Idaho Block 1, Bishop's Replat Owner Assess- 2,190.47 ment 2 No. Terry R. and LuAnn 1 Fackrell Lot David and Ida Mae 2 Whitman 5 Antone and Beulah 3 M. Acarregui 2,849.25 Hillcrest Subdivision 7 Jean E. and Doris 4 Solomon Clair Vista Subidivision, Block 2 Elmon and Helen 5 Thompson Roger and Mary 6 Vandaele Roderic B. and 7 Lois Roehr Walter Berkenbile 8 Blaine Harrison 9 Blaine Harrison 10 Homer and Peggy 11 Whitman Property Description Asses - ment Lot 1, Block 1 $ 2,463.75 Lot 2, Block 1 1,375.33 Lot 3, Block 1 1,717.47 E 83.08 ft. of N 125.83 1,627.59 ft. of Tract 6 Lot 1 2,190.47 Lot 2 2,632.67 Lot 3 2,447.87 Lot 4 2,943.80 Lot 5 2,849.25 Lot 6 2,849.25 Lot 7 5,578.51 Total 28,675.96 ORDINANCE - 6 Section 6. Said Assessment Roll shall be filed with the City Treasurer, and the Assessments therein contained shall be immediately due and payable to said Treasurer thirty (30) days from the date of the adoption of this Ordinance, and if the whole of said assessments are not paid within said thirty (30) day period, it shall be conclusively presumed and considered and held to be an election on the part of all persons interested, whether under disability or otherwise, to pay said assessments in installments in which case the unpaid assessments shall be payable to said City Treasurer in fifteen (15) substantially equal semiannual installments of principle, the first installment of principle of which shall be due and payable on or before September 1, 1981, and the remainder of said installments shall be due and payable successively every six (6) months thereafter until paid in full, with interest, in all cases on the unpaid and deferred installments of principle computed at a rate not less than the rate of interest borne by any special assessment bonds hereafter authorized, payable semiannually at the Office of the said City Treasurer, the first semiannual payment of interest being due and payable on September 1, 1981, and the remainder of said semi- annual installments of interest being due and payable each six (6) months thereafter. Any installment not paid within twenty (20) days after the installment is due shall be considered delinquent, and a two percent (2%) penalty will be added to the amount of said installment. Failure to pay any installment, whether of principal or interest, when due, shall cause the delinquent installment plus penalty, to be certified to the tax collector, and when so certified shall be extended on the tax rolls and collected as are property taxes. In the event that any property owner should choose to pay his assessment in full after such time as it has been conclusively presumed that he will pay in installments, such payment in full shall include the full amount of the unpaid assessment plus penalties and all interest payable on the same plus additional interest thereon at the rate provided in the bonds from the date of the last installment due to one Cl) year after the next interest date of said bonds. ORDINANCE - 7 Section 7. Upon passage of the assessment roll, 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 his assessment, plus the substance of the terms of payments of the same as set out in the ordinance confirming the Assessment Roll. An affidavit of the mailing of notice shall be filed, before the date of delinquency, in the Office of the Treasurer in the file of the improvement district, as provided in Section 50 -1716, Idaho Code. Subsequent notices of payment may list only current installments due. Section 8. The confirmation of said Assessment Roll herein made is a final determination of the regularity, validity and correctness of said Assessment Roll, of each assessment contained therein and the amount levied on each lot, parcel and tract of real property, subject to the appeal of any person who filed objections to the said Assessment Roll at or prior to the hearing on the same, which appeal, as provided in Section 50 -1718, Idaho Code, may be made by filing a written notice of appeal with the City Clerk of the City of Caldwell, Idaho, and with the Clerk of the District Court within thirty (30) days from the date of publication of this Ordinance. No suit to set aside any assessments so made, or to enjoin the making of the same, shall be brought nor any defense to the validity thereof be allowed, except by appeal subsequent to this confirmation as herein provided. Section 9. All proceedings heretofore had in connection with the creation of said District, the preparation and adoption of said Assessment Roll, the hearing held thereon, and the giving of the notice of said hearing of said Assessment Roll are hereby in all respects ratified, approved and confirmed. Section 10. All by -laws, resolutions and ordinances or parts thereof in conflict with this Ordinance are, to the extent of such conflict, hereby repealed; and, after the bonds of said Local Improvement District No. 80 for the City of Caldwell, Idaho, have been issued, this Ordinance shall constitute a contract by said City of Caldwell and the holder or holders of said bonds, and shall be and remain irrepealable ORDINANCE - 8 n • until said bonds and the interest accruing thereon shall have been paid, satisfied and discharged. Section 11. If any section, paragraph, clause or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph, clause or provision shall in no manner affect any remaining portions of this Ordinance. Section 12. This Ordinance shall be in full force and effect immediately upon its passage, approval, and publication. PASSED BY THE CITY COUNCIL of the City of Caldwell, Idaho, this 27th day of January , 1981. APPROVED BY THE MAYOR of the City of Caldwell, Idaho, this 27th day January , 1981. city c _. � ORDINANCE - 9