HomeMy WebLinkAboutORD 2371BILL NO. 7
ORDINANCE NO. 2371
AN ORDINANCE MAKING CERTAIN FINDINGS IN CONNECTION
WITH LOCAL IMPROVEMENT DISTRICT NO. 00 -1 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. 00 -1 on the 20"' day of February, 2001 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; and
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 March 19, 2001, and the Mayor and City Council of f
City of Caldwell, Idaho, having heard all objections to said Assessment Roll, and havii
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considered the City Engineer's Report, did adopt said Assessment Roll as indicated thereon; and
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. 00 -1, 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. 00 -1 mentioned in the premises of this Ordinance
is hereby named and shall hereafter be known as "Local Improvement District No. 00 -1" 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 February 7, 2000, 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. 00 -1 as provided by Ordinance No. 2316 are defined as follows:
a) BOUNDARIES:
At various locations lying within the boundaries of the corporate limits of the City of
Caldwell, Idaho.
b) IMPROVEMENTS:
1) The improvements made within L.I.D. No. 00 -1 were at various locations lying within
the boundaries of the corporate limits of the City of Caldwell, Idaho, being more
particularly described on the Assessment Roll attached hereto as Exhibit "A ".
2) The general character of the improvements for this District were the removal of dead,
dying, diseased, and hazardous trees on properties within the corporate limits of the City
of Caldwell, as outlined in Ordinance No. 2316, the Ordinance creating the District.
c) COST:
The total cost of the aforesaid improvements including engineering, legal services, bonding,
advertising, printing, administration, and interest was $9,570.70, of which $1,785.00 was paid by
the City, leaving the actual assessable cost of the L.I.D. to be $7,785.70, which is the total amount
of the Assessment Roll. 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. 2316 passed respectively by the Council and Mayor on February 7, 2000. Each lot,
parcel, and tract of land shall be separately assessed for the cost of removing and trimming the
aforesaid trees on 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 $713,300.00. The total cost and expenses of the improvements
authorized and ordered by said Ordinance No. 2316 in the aforesaid Local Improvement District,
including engineering, legal services, bonding, advertising, printing, administration, and interest are
in the amount of $9,570.70, of which $1,785.00 was paid by the City, leaving $7,785.70 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 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. 2316.
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. 00-
1 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. 00 -1.
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. 00 -1 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
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annual installments of principal and interest, the first installment of which shall be due and payable
on or before the 19' day of March 2002, 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 March 19, 2001 at a rate equal to (i) the rate
to be borne by the special assessment bonds hereafter authorized, plus (ii) up to %z% (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 19' day of March 2002,
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 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 %% and plus one year's additional interest at 7
'' /z %. 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
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 fling 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.
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EXHIBIT "A" 0
ASSESSMENT ROLL
LOCAL IMPROVEMENT DISTRICT NO. 00-1
TREE L.I.D.
PROPERTY PROPERTY PROPERTY.-
:PQPERF1l`"
NO.
OWNER .'
ADDRESS
DESCRIPTION
ASSEllllll
itALUE
1
Noe Ozuna
217 E. Chicago St.
Lots 7 & 8, Block 2,
$ 1,101.75
$ 34,000.00
717 E. Chicago St.
Caldwell
Golden Gate Addition
Caldwell, ID 83605
NW Sec. 22, UN, R3W
2
Kimber L. Morrison
2111 Locust St.
Tax 14, Black K
$ 192.10
$ 71,200.00
2111 Locust St.
Caldwell
Mountain View Sub #1
Caldwell, ID 83605
NW Sec. 35, UN, R3W
3
Ronald D. & Starla G. Ames
721 N. 2nd Ave.
Tax 95760 in Lots 18, 19,
$ 454.83
$ 27,100.00
721 N 2nd Ave.
Caldwell
& 20 of Block 21, Golden
Caldwell, ID 83605
Gate Add. NW Sec. 22
T4N, R3W
4
Juan Jose & Yolanda M. Mora
1101 E. Chicago St.
Lots 1, 2, & 3 Less NF 30' of
$ 1,358.83
$ 46,600.00
1101 E. Chicago St.
Caldwell
Block 44, Caldwell Original
Caldwell, ID 83605
SE Sec, 22, T4N, R3W
5
Maria O. Gonzalez
1310 E. Elgin St.
N 112 of Lot 20 & all of Lot 21
$ 593.25
$ 38,100.00
1310 E. Elgin St
Caldwell
Block 55, Foote Addition
Caldwell, ID 83605
SE Sec. 22, UN, R3W
6
Joel S. & Silvia S. Garcia
502 Fillmore St.
tots 1 -3 inc., Block 129
$ 395.50
$ 73,900.00
502 Fillmore St.
Caldwell
Strahom Addition
Caldwell, ID 83605
SE Sec. 21, T4N, R3W
7
Paul W. Kerr & Alan C. Kerrick
505 S. 7th Ave.
SW 63' of Lots 1 & 2, Blk 98
$ 494.38
$ 53,800.00
& Lisa C. Kerrick
Caldwell
Caldwell Orginal Townsite
505 S. 7th Ave.
SW Sec. 22, UK R3W
Caldwell, ID 83605
8
Steve G. & Pamela R. Santiago
1802 Cleveland Blvd.
Lots 1 -3 inc., Block 18
$ 553.70
$ 107,900.00
1802 Cleveland Blvd.
Caldwell
Washington Heights
Caldwell, ID 83605
NE Sec. 27, T4N, R3W
9
John O. & Billie L. Scherer
1901 Arthur St.
Tax 1 of Lots 3 & 4, Block 2
$ 949.20
$ 69,900.00
1901 Arthur St.
Caldwell
Washington Heights
Caldwell, ID 83605
NE Sec. 27, T4N, R3W
10
Gregory S. & Barbara W. Jensen
1810 & 1812
All of Lots 4 & 5, & NW 20' of
$ 237.30
$ 105,900.00
2307 Meadow Ave.
Dearborn St.
Lot 6, Block 26, Washington
Caldwell, ID 83605
Caldwell
Heights, NE Sec. 27, T4N, R3W
11
Russell F. Foster clo Cindy Lewis
316 W. Hazel St.
Lot 3, Block 3
$ 762.75
$ 70,500.00
316 W. Hazel St.
Caldwell
Graves & Johnson #1
Caldwell, ID 83605
SE Sec. 28, UN, R3W
12
Bemabe & Arlene R. Loredo
202 E. Freeport St.
Lots 22 -24 inc., Block 11
$ 692.13
$ 14,400.00
202 E. Freeport St.
Caldwell
Golden Gate Addition
Caldwell, ID 83605
NW Sec. 22, UN, R3W
L.I.D. Total
$ 7,785.70
$ 713,300.00