HomeMy WebLinkAboutORD 2372BILL NO. A
ORDINANCE NO. 2372
AN ORDINANCE MAKING CERTAIN FINDINGS IN CONNECTION
WITH LOCAL IMPROVEMENT DISTRICT NO. 99-6 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. 99-6 on the 2e 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 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; 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. 99-6, 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. 99 -6 mentioned in the premises of this Ordinance is
hereby named and shall hereafter be known as "Local Improvement District No. 99 -6" 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 December 6, 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 -6 as provided by Ordinance No. 2309 are defined as follows:
a) BOUNDARIES:
At various locations lying within the boundaries of the corporate limits of the City of
Caldwell, Idaho
b) IlVIPRO S
1) The improvements made within LID No. 99-6 were at various locations lying within the
boundaries of the corporate limits of the City of Caldwell, Idaho
2) The improvements included the cost of connection fees for connecting to the City sewer
and water services. The improvements also included engineering, legal, bonding,
advertising, printing, 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 $11,871.48, all of which will be paid by the participants of
the district. The total of the Assessment Roll, including the costs for legal services, adverting,
printing, bonding, administration and interest is $11,871.48. 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 benefits derived method of assessment. All costs shall be separately assessed to each
property owner of lots, tracts, and parcels of land as set forth in Section 2 of Ordinance No. 2309
passed respectively by the Council and Mayor on December 6, 1999. Each lot, parcel, and tract of land
shall be separately assessed for the cost of sewer and/or water connection fees 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 $485,975.00. The total cost and expenses of the improvements
authorized and ordered by said Ordinance No. 2309 in the aforesaid Local Improvement District are in
the amount of $11,871.48, all of which will be paid by the participants of the district. The amount of
$11,871.48 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. 2309.
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. 99-6 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. 99-6.
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. 99-6 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 annual installments of principal and interest, the
first installment of which shall be due and payable on or before the 10 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 ' / a% (percent) per annum for won 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 10 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 ' /z% and plus one year's additional interest at 7 'h %. 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 Trasurer 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 S. The confirmation of said Assessment Roll herein made is a final detemrination 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.
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