HomeMy WebLinkAboutORD 22360 0
ORDINANCE NO. 2236
BILL NO. 15
ORDINANCE NO. 2236
AMENDMENT TO
ORDINANCE NO. 2138
WHEREAS, the City of Caldwell, Canyon County, Idaho (the "City "), adopted
and approved Ordinance No. 2138 on April 1, 1996 (the "Ordinance ") which is entitled:
AN ORDINANCE PROVIDING FOR THE PAYMENT AND
COLLECTION OF SPECIAL ASSESSMENTS LEVIED IN
LOCAL IMPROVEMENT DISTRICT NOS. 94 -1, 94 -2, 94 -3,
94 -4, 94 -5 and 95 -1 FOR THE CITY OF CALDWELL, IDAHO;
PROVIDING FOR THE HANDLING OF FUNDS RECEIVED
FROM SPECIAL ASSESSMENTS AND THE CREATION AND
ENFORCEMENT OF LIENS IN CONNECTION WITH THE
SALE AND ISSUANCE OF BONDS; COMBINING AND
CONSOLIDATING LOCAL IMPROVEMENT DISTRICT
NOS. 94 -1, 94 -2, 94 -3, 94 -4, 95 -5 and 95 -1 INTO A
CONSOLIDATED DISTRICT DESIGNATED CONSOLIDATED
LOCAL IMPROVEMENT DISTRICT NO. 2; AUTHORIZING
THE ISSUANCE AND CONFIRMING THE SALE OF $510,000
CONSOLIDATED LOCAL IMPROVEMENT DISTRICT NO. 2
BONDS, SERIES 1996; CREATING CONSOLIDATED LOCAL
IMPROVEMENT DISTRICT NO. 2 BOND FUND, INTEREST
FUND AND PROJECT FUND; PROVIDING FOR PAYMENT
FROM A GUARANTEE FUND; PROVIDING FOR A SYSTEM
OF REGISTRATION THEREFOR; PRESCRIBING DETAILS
CONCERNING THE FOREGOING; ALLOCATING TO THE
DISTRICTS A PORTION OF THE CITY'S SMALL ISSUER
AUTHORITY FOR PURPOSES OF EXEMPTION FROM
ARBITRAGE REBATE; PROVIDING FOR A REASSESSMENT
OF ASSESSMENTS AND THE REISSUE OF BONDS;
REPEALING CONFLICTING PROCEEDINGS; ORDERING
PUBLICATION; PROVIDING IRREPEALABILITY;
PROVIDING SEVERABILITY; AND DECLARING AN
EMERGENCY.
AMENDMENT TO ORDINANCE NO. 2138, P. 1
G:1CLI1NT10427610041AHfN ➢98. ➢RO
WHEREAS, the Ordinance consolidated Local Improvement Districts Nos. 94 -1,
94 -2, 94 -3, 94 -4, 95 -5 and 95 -1 into Consolidated Local Improvement District No. 2 ( "CLID
No. 2 ");
WHEREAS, attached to the Ordinance as Exhibit A is the assessment roll (the
"Assessment Roll ") listing the properties assessed within Local Improvement District 94 -1 ( "LID
94 -1 ") to be benefitted by certain improvements within LID 94 -1, specifically, sewer and water
connection facilities;
WHEREAS, Bill L. Moore and Margo Moore (the "Moores ") are listed in the
Assessment Roll attached to the Ordinance as owners of Tax 2 Block V, Mountain View
Subdivision No. 1, commonly known as 2119 Beech Street, Caldwell, Idaho (the "Moore
Property"), and, pursuant to the Ordinance, were assessed the amount of $1,779.25, plus interest
(the "Subject Assessment "), for LID 94 -1 improvements;
WHEREAS, the improvements within LID No. 94 -1 are complete and the Moore
Property has not and will not be benefitted by the improvements as the Moores are unable to
connect to the main sewer connection;
WHEREAS, the Moores have not paid the Subject Assessment or any installments
thereof;
WHEREAS, the Subject Assessment has been and shall continue to constitute a
lien against the Moore Property until paid in full;
WHEREAS, the City desires to amend the Assessment Roll for LID 94 -1 to delete
therefrom the Moore Property, as the Moore Property has not benefitted from the improvements
within LID 94 -1;
WHEREAS, the exclusion of the Moore Property from the Assessment Roll
results in insufficient funds in the CLID No. 2 Bond Fund from which to pay principal and
interest on maturing Bonds issued pursuant to the Ordinance;
WHEREAS, with respect to the Subject Assessment upon the Moore Property,
the City desires to pay in full the Subject Assessment from the City's Local Improvement
Guarantee Fund to effectively release the lien upon the Moore Property, such monies to be
deposited into the CLID No. 2 Bond Fund.
NOW, THEREFORE, BE IT RESOLVED by the City of Caldwell, Canyon
County, Idaho, as follows:
SECTION 1. That the Moore Property be and hereby is deleted from the
Assessment Roll of LID 94 -1.
AMENDMENT TO ORDINANCE NO. 2138, P. 2
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SECTION 2. That the Treasurer is hereby instructed to mail notice to the Moores
that the Subject Assessment lien has been released as against the Moore Property and that no
monies are due from the Moores with respect to LID 94 -1.
SECTION 3. That the Treasurer of the City is hereby authorized to pay from the
City's Local Improvement Guarantee Fund the total amount of the Subject Assessment upon the
Moore Property, plus accrued interest thereon from December 18, 1995, and to deposit said
monies constituting principal of the Subject Assessment into the CLID No. 2 Bond Fund under
the Ordinance and all monies constituting interest on the Subject Assessment into the CLID No.
2 Interest Fund under the Ordinance, to be held by the City until there is sufficient money in
the Bond Fund and Interest Fund to pay the principal of and accrued interest on one or more
Bonds issued pursuant to the Ordinance, or parts thereof, as shall be selected by the Treasurer
of the City, upon notice given as provided in the Ordinance.
effect.
1998.
June 1998.
SECTION 4. All other provisions of the Ordinance shall remain in full force and
PASSED by the Council of the City of Caldwell, Idaho, this 1 st day of June ,
APPROVED by the Mayor of the City of Caldwell, Idaho, this 1st day of
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ATTEST:
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(SEAL)
AMENDMENT TO ORDINANCE NO. 2138, P. 3 G;\CL1ENT104276\0041AMEH048,0R0