Loading...
HomeMy WebLinkAboutORD 2343BILL NO. 29 ORDINANCE NO. 2343 AN ORDINANCE MAKING CERTAIN FINDINGS IN CONNECTION WITH LOCAL IMPROVEMENT DISTRICT NO. 99 -5 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. 99 -5 on the 3' day of July 2000 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 1 could file objections to said Assessment Roll, the Mayor and City Council of the City of Caldwell, Idaho, did hold the scheduled hearing on July 17, 2000, 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. 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. 99 -5, 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 I. The Local Improvement District No. 99 -5 mentioned in the premises of this Ordinance is hereby named and shall hereafter be known as "Local Improvement District No. 99 -5 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 July 19, 1999, 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 interest 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 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. 99 -5 as provided by Ordinance No. 2293 are defined as follows: a) BOUNDARIES: BEGINNING at the section comer common to Sections 25, 26, 35, 36, Township 4 North, 2 ;7 Range 3 West, Boise Meridian, Canyon County, Idaho; thence South 0 °25'26" West along the Easterly boundary of said NE 1 /4 of Section 35 a distance of 1313.19 feet to the SE corner of said NE '/4 of Section 35; thence North 89 West along the Southerly boundary of said NE '/4 of Section 35 a distance of 76.78 feet to a point on the Northeasterly right -of way boundary of the Union Pacific Rail Road; thence North 46 °13'53" West along said the Northeasterly right -of way boundary of the Union Pacific Rail Road a distance of 3407.50 feet to a point on the Westerly boundary of said SE '/4 of Section 26; thence North 0 °37' 18" East along said Westerly boundary of the SE ' / 4 of Section 26 a distance of 289.68 feet to the NW corner of said SE '/4 of Section 26; thence South 89 °48'40" East along the Northerly boundary of said SE 1 /4 of Section 26 a distance of 141.31 feet to a point on the centerline of Indian Creels; thence traversing said centerline of Indian Creek as follows: South 62 0 45'45" East a distance of 15.24 feet; thence South 55 °17'44" East a distance of 162.53 feet; thence 205.67 feet along the arc of a curve left having a central angle of 43 °24'57 ", a radius of 271.43 feet, a long chord bearing South 77 O' 12" East 200.79 feet; thence North 81 ° 17'21" East a distance of 226.76 feet; thence North 67 °52' 17" East a distance of 116.69 feet; thence South 85'34'14" East a distance of 128.24 feet; thence South 27 °12'03" East a distance of 64.11 feet; thence South 67 °39'27" East a distance of 112.39 feet; thence South 50 °00'50" East a distance of 132.21 feet; thence South 39 °11'59" East a distance of 76.54 feet to a point on the Westerly boundary of the SE '/4 of said SE '/4 of Section 26; thence leaving said centerline of Indian Creek South 0 0 36'33" West along said Westerly boundary of the SE 1 /4 of said SE 1 /4 of Section 26 a distance of 61.34 feet; thence South 38 °52' 17" East a distance of 208.54 feet; thence South 61 °49'45" East a distance of 183.33 feet; thence North 86 0 49'26" East a distance of 493.52 feet; thence North 28 West a distance of 20.93 feet; thence North 88 8" East a distance of 197.91 feet; thence South 49 °48'42" East a distance of 138.00 feet; thence South 19 11 48'42" East a distance of 704.96 feet to the POINT OF BEGINNING. b) IMPROVEMENTS: The improvements made within LID No. 99 -5 are as follows; 466 LF 18 -inch Drain Pipe 45,306 SF Paving & Base 757 LF 15 -inch Drain Pipe 2,777 LF Vertical Curb & Gutter 199 LF 12 -inch Drain Pipe 2,090 SF 4 -inch Concrete Sidewalk 40 LF 8 -inch Sewer Pipe 2,826 SF 6 -inch Concrete Approach 1 EA Sewer Manhole 5 EA Catch Basins 4 EA Storm Drain Manholes 3 EA Remove Trees 2 EA Sand/Grease Traps In addition, members of the District are allowed to include by their request, additional quantities of street, sewer, and drainage improvements along their frontages and to have the costs of those added improvements levied against the benefited lands and lots as long as the total cost of all improvements does not exceed the assessed valuation of such property for ad valorem tax purposes. The improvements also include engineering, legal, bonding, interest and administrative expenses. c) COST: The total cost, including the costs for legal services, advertising, printing, bonding, administration and interest of the aforesaid improvements was $164,057.77, as set forth in Section 6 of Ordinance 2293 the ordinance creating the district, of which $46,320.59 was paid by the City leaving $117,737.18 to be paid by the Participants of the District. The total of the Assessment Roll, including the costs for legal services, advertising, printing, bonding, administration and interest is $117,737.18. The property abutting the right of way adjacent to the improvements will be assessed the costs to be levied upon and against the property in accordance with a combination of front foot, square foot, and benefits derived methods of assessment. All costs shall be separately assessed to each property owner of lots, tracts, and parcels of land as set forth in Sections 4 and 5 of Ordinance No. 2293 passed respectively by the Council and Mayor on July 19, 1999. Each lot, parcel, and tract of land shall be separately assessed for the cost of curb, gutter, driveway, sidewalk, sewer, street, and drainage 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. 4 n d) VALUE OF PROPERTY: 0 The Council finds and declares that the value of the property within the said Local Improvement District is not less than the sum of $6,215,525.00. The total cost and expenses of the improvements authorized and ordered by said Ordinance No. 2293 in the aforesaid Local Improvement District are in the amount of $164,057.77 of which $46,320.59 was paid by the City, leaving $117,737.18 to be paid by the participants of the District. The amount of $1 17,737.18 including costs for legal services, advertising, printing, bonding and interest is the amount 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 benefited 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 benefited by the improvements authorized and ordered by Ordinance No. 2293. 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. 99- 5 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. 99 -5. 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. 99 -5 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, may, at the election of the property 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 5 0 0 annual installments of principal and interest, the first installment of which shall be due and payable on or before the 17'` day of July, 2001, 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 installments of principal computed from July 17, 2000 at a rate equal to (i) the rate to be borne by the special assessment bonds hereafter authorized, plus (ii) up to '/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 17" day of July, 2001, 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 1 /o) 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 be 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 Local Improvement District is bonded, such payment in full shall include the full amount of the unpaid assessment plus penalties, plus the current year's interim interest of 7 %a% and plus one year's additional interest at 7 %. After bonding, the payment shall include the full amount of the unpaid assessment plus penalties, plus the current year's interest and plus one year's 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. 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 0 � mrisim lrw�mm DEMMOOL � ;p: ;+ � MIEW . "'i