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HomeMy WebLinkAboutORD 2259BILL NO. 38 ORDINANCE NO. 2259 AN ORDINANCE MAKING CERTAIN FINDINGS IN CONNECTION WITH LOCAL IMPROVEMENT DISTRICT NO. 98 -3 FOR THE CITY OF CALDWELL, IDAHO, INCLUDING THE NAMING OF SAID DISTRICT, THE CREATION OF SAID DISTRICT, THE HEARING OF PROTESTS 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 ASSESSMENT 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 SEVERABILITY, 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. 98 -3 on the 7th day of December, 1998, 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 December 21, 1998, and the Mayor and City Council of the City of Caldwell, Idaho, having heard all objections to said Assessment Roll, and having considered the City Engineer's Report, did adopt said Assessment Roll as indicated thereon. 1 WHEREAS, the Mayor and the City Council now desire 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. 98 -3, all in accordance with Section 50 -1715, Idaho Code. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Caldwell, Idaho: Section 1. The Local Improvement District No. 98 -3 mentioned in the premises of this Ordinance is hereby named and shall thereafter be known as "Local Improvement District No. 98 -3 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 April 20, 1998, 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, as set forth in Section 4, Subsection "d" of this Ordinance, has been determined to exceed the cost of improvements assessed herein, together with all other outstanding and unpaid Local Improvement District assessments, excluding interest and penalties against said property. Said actual value is set forth for the property in the said local Improvement District in Section 4, subsection "d" - VALUE OF PROPERTY hereafter shown. Section 4: The property to be assessed and the improvements made within said Local Improvement District No. 98 -3 as provided by Ordinance No. 2232 are defined as follows: 2 (a) BOUNDARIES: The district is situated in Section 35, Township 4 North, Range 3 West. Boise Meridian, Canyon County, Idaho with the boundaries of the improvement district being described as follows: Parcel I Beginning at the centerline of Florida Ave. and Cherry St.; Thence Easterly to the Southwesterly right -of -way line of Cleveland Blvd.; Thence Northwesterly along the Southwesterly right -of -way line of Cleveland Blvd. to the Southerly right -of -way line of Locust St.; Thence Westerly along the Southerly right -of -way line of Locust St, to the centerline of Georgia Ave.; Thence Southerly 791.20 feet more or less to the Southerly boundary line of the property described in Instrument Number 776333; Thence Easterly 330 feet more or less along said Southerly boundary and said Southerly boundary line extended to the Westerly boundary line of the property described in Instrument Number 775894; Thence Southerly 165 feet more or less to the Southerly boundary line of the property described in Instrument Number 775894; Thence Easterly 330 feet more or less along said Southerly boundary to the Westerly boundary line of Florida Estates Subdivision; Thence Northerly 330 feet more or less along the Westerly boundary of Florida Estates Subdivision to the Centerline of Cherry Street; Thence Easterly 660 feet more or less to the centerline of Florida Avenue, the POINT OF BEGINNING• Parcel II Beginning at the point of intersection of the centerlines of Cherry St. and Georgia Ave; Thence Southerly 165 feet more or less along the centerline of Georgia Ave. to the TRUE POINT OF BEGINNING; Thence Westerly along the Northerly boundary line extended and Northerly boundary line of Block 1 Forrer Replat of Tract P of Mountain View Subdivision to the Westerly boundary of said Forrer Replat; Thence Southerly 330 feet more or less along the Westerly boundary of said Forrer Replat and the Westerly boundary of Richman Replat of Tract W of Mountain View Subdivision. Thence Easterly along the Southerly boundary of said Richman Replat and said Southerly boundary line extended to the centerline of Georgia Ave.; Thence Northerly 330 feet more or less along said centerline of Georgia Ave. to the POINT OF BEGINNING. (b) IMPROVEMENTS: The general character of the improvements for this District were 3 the construction of asphalt street paving, gravel base and drainage improvements on Florida, Cherry and Alder Streets adjacent to all properties, as outlined in Section 2 of Ordinance No. 2232, the Ordinance creating the District. (c) COST: The total cost of the aforesaid improvements is $150,868.03 of which $32,282.96 was paid by the City and $11,653,52 was paid by Gary D. Lasher, leaving $106,931.55 to be paid by the participants of L.I.D. 98 -3. The actual assessable cost of the L.I.D. Assessment Roll is $106,931.55. The property abutting the right of way adjacent to the improvements will be assessed the costs to be levied upon and against the property. All costs shall be separately assessed to each property owner of lots, tracts, and parcels of land as set forth in Section 4 of Ordinance No. 2232 passed respectively by the Council and Mayor on April 20, 1998. Each lot, parcel and tract of land shall be separately assessed for the cost of constructing and installing the aforesaid asphalt paving 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 $4,254,750.00. The total cost and expenses of the improvements authorized and ordered by said Ordinance No. 2232 in the aforesaid Local Improvement District is in the amount of $150,868.03 of which $32,282.96 was paid by the City and $11,653.52 was paid by Gary D. Lasher from monies deposited with the City for that purpose, leaving $106,931.55 as the amount that 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 benefited by the 4 0 • 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 benefited by the improvements authorized and ordered by Ordinance No. 2232. Section 5. The Mayor and City Council of the City of Caldwell, Idaho, hereby confirm the Assessment Roll certified and filed with the City Clerk for the Local Improvement District No. 98 -3 for the City of Caldwell, Idaho, and hereby order the levy of the assessments shown in said Roll and thereby levy against each lot, tract and parcel of real property shown in said Roll the amount of assessments listed therein to -wit: See Exhibit A., the Assessment Roll for L.I.D. 98 -3. Section 6. The City Clerk shall immediately file with the Canyon County Recorder, a notice of assessment lien which shall contain the date of this Ordinance and a description of the boundaries of Local Improvement District No. 98--3 of the City of Caldwell. Said Assessment Roll shall be filed with the City Treasurer, and the Assessments contained therein shall be immediately due and payable to said Treasurer thirty (30) days from the effective date of this Ordinance and if the whole of said Assessments are not paid within said thirty (30) day period, such assessments shall become delinquent and shall be collected in the same manner and with the same penalties and interest added thereto as hereinafter provided for delinquent assessments provided, however, that all such assessments, or any part thereof, may, at the election of the owner, be paid in installments. Failure to pay the whole assessment within thirty (30) days from the date of the adoption of this Ordinance 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 such case the unpaid assessments shall be payable to said City Treasurer in ten (10) substantially equal annual installments of principal and interest, the first installment of which shall be due and payable on or before the 21st day of December, 1999, and the remainder of said installments shall be due and payable successively each year thereafter until paid in full, with interest, in all cases on the unpaid and deferred 5 installments of principal computed from December 21st, 1998, at a rate equal to (i) the rate to be borne by the special assessment bonds hereafter authorized, plus (ii) up to 1/2% (percent) per annum for administration expenses, such rate is to be not less than four percent (4 %) and not greater than ten percent (10 %) per annum, payable annually at the Office of the City Treasurer, the first annual payment of principal and interest being due and payable on the 21st day of December , 1999, and the remainder of said annual installments of principal and interest being due and payable successively each year 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. In addition to any other methods of collection provided in Idaho State Code, Title 50, the City 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. 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, and before the L.I.D. is bonded, such payment in full shall include the full amount of the unpaid assessment plus penalties and plus the current years interim interest of 7 1/2 %. After bonding, the payment shall include the full amount of the unpaid assessment, plus penalties, plus the current years interest as established by the bonding ordinance and plus one years additional interest as penalty for prepayment. 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. 6 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 bylaws, resolutions and ordinances or parts thereof in conflict with this ordinance are, to the extent of such conflict, hereby repealed. 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 become effective on the 21st day of December 1998 upon its passage. 7 PASSED BY THE CITY COUNCIL of the City of Caldwell, Idaho, this 21st day of December 1998. APPROVED BY THE MAYOR of the City of Caldwell, Idaho, this 21st day of December 1998. zt44 �'Y Mayor ATTEST: /� n City Clerk G 8