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HomeMy WebLinkAboutORD 2395z3 .16p al 4 /74 1 4 SILL NO. 31 ORDINANCE NO. 2395 AN ORDINANCE MAKING CERTAIN FINDINGS IN CONNECTION WITH LOCAL IMPROVEMENT DISTRICT NO. 00 -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 IMPROVEM ENT S 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. WHE 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 -3 on the 15 day of October, 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; 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 1 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 November 5, 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. 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 -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. 00 -3 mentioned in the premises of this Ordinance is hereby named and shall thereafter be known as "Local Improvement District No. 00 -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 November 6, 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 2 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. 00 -3 as provided by Ordinance No. 2360 are defined as follows: (a) BOUNDARIES: The Local Improvement District is situated in Section 22, Township 4 North, Range 3 West, and Section 3, Township 3 North, Range 3 West, Boise Meridian, Canyon County, Idaho, with the boundaries of the Local Improvement District to be formed are as follows: Pr)ITPTTN AVRNUF . A portion of the district is situated in the Southwest Quarter and the Southeast Quarter of the Northwest Quarter of said Section 22, with the boundaries of this part of the improvement district to be formed being described as follows: Lots 11, 12, and fractional lots 13, and 14, Block A, and lots 1 through 5, 23, 24, and the Northwesterly 25 feet of lot 22, Block B, of the Revised Map of Caldwell, Canyon County, Idaho, according to the revised map filed in book 1 of plats, page 20, records of 3 s • said County; Fractional lots 13, 14, and 15, block A, and lots 22, 23, and 24 of Block B, Golden Gate Addition, Caldwell, Canyon County, Idaho, according to the plat filed in book 2 of plats, page 78, records of said County. SIXTH AVENUE A portion of the district is situated in the Northwest Quarter and the Southwest Quarter of said Section 22, with the boundaries of this part of the improvement district to be formed being described as follows: Lots 11 through 17, block 37, and lots 1, 2, 22, 23, and 24, of block 36, of the Revised Map of Caldwell, according to the revised map filed in book 1 of plats at page 20, in the office of the County Recorder, Canyon County, Idaho. SEVENTH AVENUE: A portion of the district is situated in the Northeast Quarter of the Southwest Quarter of said Section 22, with the boundaries of this part of the improvement district to be formed being described as follows: Lots 10 through 15, block 36, and lots 1 through 4, and 19 through 24, block 35, of the Revised Map of Caldwell, according to the revised map filed in book 1 of plats at page 20, in the office of the County Recorder, Canyon County, Idaho. IDAHO AVENUE A portion of the district is situated in the Northeast Quarter of the Northwest Quarter of Section 3, Township 3 North, Range 3 West, Boise Meridian, with the boundaries of this part of the improvement district to be formed being described as follows: Lots 1 through 12, block 2, Country Acres Subdivision No. 2, Canyon County, Idaho, according to the plat filed in book 13 of plats, page 34, records of said County; Lots 8 through 13, block 4, Palrang Subdivision, Canyon County, Idaho, According to the plat filed June 6, 1974 in book 13 of plats, page 33, records of said county, being a portion of Government lot 3, of said Section 3; Lot 5, block 1, Country Acres Subdivision No. 1, according to the plat filed January 28, 1966, in book 8 of plats at page 2, in the office of the County Recorder, of said County; Also, COMMENCING at the Northwest corner of Government Lot 3 of said 4 Section 3; Thence South 0 ° 12'00" East along the West boundary of said Government Lot 3 a distance of 250 feet; Thence North 89 ° 24'00" East parallel with the North boundary of said Government Lot 3 a distance of 210.76 feet to the TRUE POINT OF BEGINNING; Thence South 0 0 41'04" West along the West boundary line of the property described in instrument no. 9B28434 a distance of 100.02 feet; Thence South 0 ° 12' East along the West boundary line of the property described in instrument no. 9945531 a distance of 110 feet; Thence North 89 ° 24' East along the North boundary line of the property described in instrument no. 200116359 (county tax no. 01182) a distance of 40 feet to the Northwest corner of the property described in said instrument no. (having county tax no. 01183) ; Thence South 0 ° 12' East along the West boundary line of said property a distance of 155 feet to a point on the North boundary line of the property described in instrument no. 200122893; Thence South 89 0 24' West along the North boundary line of said property a distance of 40 feet to the Northwest corner of said property; Thence South 0 0 12' East along the West boundary line of said property a distance of 110 feet to the Southwest corner of said property; Thence North 89 0 24' East along the South boundary line of said property a distance of 185 feet to a point on the centerline of Idaho Avenue; Thence North 0 0 12' West along the centerline and centerline extended of Idaho Avenue a distance of 475 feet parallel with the West boundary of said Government Lot 3 to the point of intersection of the centerline extended of Idaho Avenue with the North boundary line extended of the property described in instrument no. 9828434; Thence South 89 ° 24'00" West along the North boundary line of said property a distance of 184.24 feet to the TRUE POINT OF BEGINNING. (b) IMPROVEMENTS: The general character of the improvements for this District was the construction of approximately twenty two hundred sixty five 5 Cam] feet of street paving, gravel base, and drainage improvements in portions of Fourth, Sixth, Seventh, and Idaho Avenues, and the construction of twelve hundred feet of an eight inch sanitary sewer line in the portion of Idaho Avenue (from Ustick to Palrang). (c) COST: The total construction cost of the improvements for L.I.D. 00 -3 is $142,492.50. The property owners directly fronting or deriving benefit from said street improvements shall pay for a total of $156,741.75. This is the actual assessable cost of the L.I.D. and includes a $14,249.25 fee to cover the costs of legal services, advertising, printing, bonding, and interest. The property abutting the right of way adjacent to the improvements and /or benefited lots 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. 2360 passed respectively by the Council and Mayor in November, 2000. Each lot, parcel and tract of land shall be separately assessed for the cost of constructing and installing the aforesaid asphalt paving and sewer 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: C" • i The Council finds and declares that the value of the property within the said Local Improvement District is not less than the sum of $3,399,750. The total cost and expenses of the improvements authorized and ordered by said Ordinance No. 2360 in the aforesaid Local Improvement District is in the amount of $156,741.75 that shall be paid entirely from the proceeds of the assessments hereinafter levied (this includes a 10% fee to cover the costs of legal services, advertising, printing, bonding, and interest). 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. 2360. 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 -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. 00 -3. Section 6. The City Clerk shall immediately file with the Canyon County Recorder, a notice of assessment lien which shall 7 contain the date of this Ordinance and a description of the boundaries of Local Improvement District No. 00 -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 S day of November, 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 November 5, 2001, 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 (100) 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 5 th day of November, 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 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 percent. 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 11 J 0 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 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 10 Y. r M G 4 w r .-, ---m