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Home My WebLink AboutORD 2421BILL NO. 1 VITRUMI., 1111-2 0.0 7- 2 2 ORDINANCE NO. 2421 AN ORDINANCE MAKING CERTAIN FINDINGS IN CONNECTION WITH LOCAL IMPROVEMENT DISTRICT NO. 01-1 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. 01 -1 on the I" day of April 2002 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 May 6, 2002, 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. 01 -1, al in accordance with Section 5 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. 01 -1 mentioned in the premises of this Ordinance is hereby named and shall hereafter be known as "Local Improvement District No. 01- 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 20, 2001, 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. 01 -1 as provided by Ordinance No. 2367 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: The improvements were in the following areas in the City of Caldwell: 1) At various locations lying within the boundaries of the corporate limits of the City of Caldwell, Idaho. 9 2) The cost of the improvements included curb, gutter, sidew s, and driveway approaches. The improvements also included 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 $85,264.39 of which $31,871.40 was paid by the City as set forth in Section 2 of Ordinance 2367, the ordinance creating the district, leaving $53,39299 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 $53,392.99. 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 to a front foot and/or square foot 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 3 of Ordinance No. 2367 passed respectively by the Council and Mayor on February 20, 2002. Each lot, parcel and tract of land shall be separately assessed for the cost of curb, gutter, driveway and sidewalk 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 $5,403,360.66. The total cost and expenses of the improvements authorized and ordered by said Ordinance No. 2367 in the aforesaid Local Improvement District are in the amount of $85,264.39 of which $31,871.40 was paid by the City, leaving $53,392.99 to be paid by the participants of the District. The amount of $53,392.99 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. 2367. 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. 01 -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. 01 -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 .i ., I boundaries Local Imp vement District No. 01 -1 of the City of aldwell. 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 (3 0) 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 6 th day of May, 2003, 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 May 6, 2002 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 6 th day of May 2003, 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 %2% and plus one year's additional interest at 7 '/2 %. 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, 4 Ls& If • r� 3/27/2002 EXHIBIT "A" L.I.D. 01 -1 CONC. L.I.D. ASSESSMENT ROLL 0 Page 1 of 5 PROPERTY PROPERTY PROPERTY PROPERTY NO. OWNER DESCRIPTION ASSESSMENT VALUE 1 BILL WALSH NE112 OF LTS 13-15 INC BLK B $1,568.33 $66,900.10 614 S. 14th Ave. DUNBAR'S FIRST ADD NW114 SEC 27 T4N R3W B.M. 2 GARY VEZZOSO TAX #97623 IN BLK 15 $1,886.78 $47,900.14 2006 BLAINE ST. WASHINGTON HEIGHTS `25256 MIDDLETON RD. NE1 /4 SEC 27 T4N R3W B.M. MIDDLETON, ID. 83644 3 GARY VEZZOSO LOTS 23 8 24 BLOCK 5 $2,080.82 $79,900.14 2003 BLAINE AND WASHINGTON HEIGHTS 215 S. 20TH NE1 /4 SEC 27 T4N R3W B.M. 25256 MIDDLETON RD. MIDDLETON, ID. 83644 4 GARY VEZZOSO TAX #01364 IN BLK 15 $806.52 $52,000.14 2020 BLAINE ST. WASHINGTON HEIGHTS 25256 MIDDLETON RD. NE1 /4 SEC 27 T4N R3W B.M. MIDDLETON, ID. 83644 5 ZORA BARBOUR TAX #01363 IN BLOCK 15 $704.51 $43,000.14 2016 BLAINE ST. WASHINGTON HEIGHTS NE1 /4 SEC 27 T4N R3W B.M. 6 HAROLD CHAPMAN LOTS 11 $ 12 BLOCK 124 $1,983.92 $102,500.14 424 EVERETT ST. STRAHORN ADDITION SE114 SEC 21 T4N R3W B.M. 7 ROGELIO VILLASENOR LOTS 11 8 12 BLOCK 18 $1,740.42 $37,600.00 423 E. FREEPORT GOLDEN GATE ADDITION '419 E. FREEPORT NW1 /4 SEC 22 T4N R3W B.M. CALDWELL, ID. 83605 8 ROGELIO VILLASENOR LOTS 8-12 BLOCK 13 $1,292.20 $198,525.00 605 S. 5TH AVE GOLDEN GATE ADDITION NW1 /4 SEC 22 T4N R3W B.M. 9 JOEL GARCIA LOTS 4-6 BLOCK 2 $62.70 $11,700.00 207 E. CHICAGO GOLDEN GATE ADDITION •502 FILLMORE ST. NW1 /4 SEC 22 T4N R3W B.M. CALDWELL, ID. 83605 10 DELIA ESPINOZA S. 73' OF TAX #1 BLOCK 76 $264.62 $41,500.00 1501 N. 3RD AVE. GOLDEN GATE ADDITION SE1 /4 SEC 15 T4N R3W B.M. TOTAL $12,390.82 $681,625.80 t MAILING ADDRESS 3/27/2002 • Cl EXHIBIT "A" L.I.D. 01I -1 CONC. L.I.D. ASSESSMENT ROLL Page 2 of 5 PROPERTY PROPERTY PROPERTY PROPERTY NO. OWNER DESCRIPTION ASSESSMENT VALUE 11 MATTHEW SAUNDERS LOT 9 BLOCK 2 $1,234.82 $65,100.00 1104 N. PLATEAU AVE. ARNOLD'S HILLVIEW SW1/4 SEC 14 T4N R3W B.M. 12 ROBERT EVANS LOTS 8 -10 INC BLOCK 130 $889.31 $74,100.21 420 FILLMORE ST. STRAHORN ADDITION SE1/4 SEC 21 T4N R3W B.M. 13 NEIL CONNER SW112 LTS 13-18 INC BLK 124 $3,194.19 $69,100.21 622 S. 5TH AVE:. STRAHORN ADDITION SE1 /4 SEC 21 T4N R3W B.M. 14 SEEDBIOTICS 2R35051 $2,292.84 $731,983.00 (ED LOWDER) TX 10 -A IN SW SE LESS ST. 818 PAYNTER AVE. SE114 SEC 21 T4N R3W B.M. 15 DOUG WHITE W. 20' LT 6 & E. 40' LT 7 BLK 10 $231.99 $65,900.15 414 SUNNYSIDE DR. PARKSIDE 3RD ADDITION NE114 SEC 28 T4N R3W B.M. 16 LOIS YORK MIDDLE 50' LT. 4 BLOCK 8, $1,065.69 $60,900.14 1705 BLAINE TAX #1 IN LT. 4 BLOCK B `1124 ARTHUR ST. WASHINGTON HEIGHTS CALDWELL, ID. 83605 NE114 SEC 27 T4N R3W B.M. 17 WIEBE & FOUSER LOTS 19-24 INC BLK 35 $1,993.86 $151,200.00 702 E. CHICAGO CALDWELL ORIGINAL P.O. BOX 606 SW1/4 SEC 22 T4N R3W B.M. CALDWELL, ID. 83606 18 JOSE VALDEZ LOTS 3-5 INC BLK 36 $2,000.30 $46,500.21 605 E. BELMONT ST. CALDWELL ORIGINAL "601 E. CHICAGO ST. SW114 SEC 22 T4N R3W B.M. CALDWELL, ID. 83605 19 JOSE VALDEZ LTS 1 -7 INC, NW112 LT 8, SE112 $2,142.61 $501,650.00 310 N. 5TH AVE LT 10 LESS TX #1 & ALL LTS " 601 E. CHICAGO ST. 11 & 12 BLK 37 CALDWELL, ID. 83605 CALDWELL ORIGINAL NW1 /4 SEC 22 T4N R3W B.M. 20 JOSE VALDEZ LOTS 13-17 INC BLK 37 $2,003.93 $23,200.00 518 E. CHICAGO CALDWELL ORIGINAL 601 E. CHICAGO ST. NW1 /4 SEC 22 T4N R3W B.M. CALDWELL, ID. 83605 21 JORGE CAMACHO SW1/2 LTS 22 -24 INC BLK 36 $871.20 $39,600.10 314 N. 6TH AVE. CALDWELL ORIGINAL SW1A SEC 22 T4N R3W B.M. I U I AL ;3�1 /,:JLu. 14 11 1,04b • MAILING ADDRESS • • 3/27/2002 0 EXHIBIT "A" L.I.D. 01 -1 CONC. L.I.D. ASSESSMENT ROLL • Page 3 of 5 PROPERTY PROPERTY PROPERTY PROPERTY NO. OWNER DESCRIPTION ASSESSMENT VALUE 22 TERESA YEPEZ NE112 LTS 22 -24 INC BLK 36 $1,024.65 $50,500.10 602 E. CHICAGO ST. CALDWELL ORIGINAL NW114 SEC 22 T4N R3W B.M. 23 STANLEY ETO LT 13-16 BLK 4 & 112 ADJ $204.56 $156,800.31 112 W. LOGAN VAC ALLEY - FROSTS ADDITION NEi14 SEC 28 T4N R3W B.M. 24 JOSE MARQUEZ LOT 7-8 BLK 18 $989.75 $52,500.14 407 E. FREEPORT ST. GOLDEN GATE ADDITION NW114 SEC 22 T4N R3W B.M. 25 JOEL GARCIA LTS 17 & 18 BLK 15, TAX 8B $672.79 $38,600.00 616 E. FREEPORT GOLDEN GATE ADDITION, * 502 FILLMORE ST. NW714 SEC 22 T4N R3W B.M. CALDWELL, ID. 83605 26 TINA ZEST LOT 4 BLK 1 $770.96 $112,400.00 2313 TERRACE DR. TERRACE ADDITION SW114 SEC 14 T4N R3W B.M. 27 DON NICKEL LOT 1 BLK 2 $516.66 $91,800.00 702 N. LA CRESTA AVE. COLLINS SUB. NW114 SEC 23 T4N R3W B.M. 28 ROBB VAVOLD - JAVA STA. LOTS 18 & 19 BLK 32 $655.67 $21,000.00 1014 E. CHICAGO CALDWELL ORIGINAL * 19490 GOODSON RD. SE114 SEC 22 T4N R3W B.M. CALDWELL.' ID. 83606 29 DAVID SNOW SE 50' OF LOT 4 BLK 7 $666.81 $89,900.15 1811 BLAINE ST. WASHINGTON HEIGHTS 2302 JACKSON ST. NE114 SEC 27 T4N R3W B.M. CALDWELL, ID. 83605 30 CHRIS SUMMERS NW 10V OF SW 70' LT 4 BLK 7 $2,794.48 $112,500.16 1805 BLAINE ST. WASHINGTON HEIGHTS NE114 SEC 27 T4N R3W B.M. 31 MITCHEL DUBOSE TAX 95296 OF LOT 2 BLK 8 $1,712.91 $40,900.09 202 S. 18TH AVE. WASHINGTON HEIGHTS NE114 SEC 27 T4N R3W B.M. 32 HARRY SCHRODER SW 40' LTS 10-12 INC BLK 31 $676.87 $59,900.07 610 S. 20TH AVE. AND VACANT ALLEY WASHINGTON HEIGHTS SE114 SEC 27 T4N R3W B.M. I U I Al zblu,t)M.l l w'do,au l.uc • * MAILING ADDRESS • • EXHIBIT "A" 3/27/2002 L.I.D. 01 -1 CONC. L.I.D. ASSESSMENT ROLL Page 4 of 5 PROPERTY PROPERTY PROPERTY PROPERTY NO. OWNER DESCRIPTION ASSESSMENT VALUE 33 J.D. STALLCUP LOT 12 BLK 2 $2,508.99 $109,900.41 1005 PALRANG AVE. COUNTRY ACRES #2 NW1 /4 SEC 3 T3N R3W B.M. 34 GRACE LUTHERAN CHURCH S 112 SENWNE LS RD & LS TX $614.63 NIA 2700 S. KIMBALL 96882, E 448' OF S 200' OF N 112 r� SENWNE LS RD zz' �� :71- NE114 SEC 33 T4N R3W B.M. 35 JOHN BULLIS TAX 101 IN SESW $1,183.42 $12,900.86 KIT AVE. SW1 /4 SEC 21 T4N R3W B.M. (CORNER KIT & LAUREL) ' 2410 WINDSOR DR. Cp GO CALDWELL, ID. 83605 ". ;u 36 DANNY VILLEGAS TAX 72 IN SESW $1,857.49 $17.371.00 724 KIT AVE. SW114 SEC 21 T4N R3W B.M. 1317 ARLINGTON AVE CALDWELL. ID. 83605 37 TOM KISER TX 73 IN SESW $914.72 $53,125.72 722 KIT AVE. SW1 /4 SEC 21 T4N R3W B.M. " 209 HOLLY ST. CALDWELL, ID. 83605 38 JUDD LANHAM TAX 75 IN SESW $1,374.45 $16,800.72 KIT AVE. SW1 /4 SEC 21 T4N R3W B.M. " 2810 S. ORCHARD AVE. BOISE, ID. 83705 39 HOUSING IDAHO, INC. TX 20 OF BLK 18 & VAC. RD. $939.18 $1,697,500.83 211 HAZEL ST. PIONEER SUBDIVISION • P.O. BOX 6943 SE1 /4 SEC 28 T4N R3W B.M. BOISE, ID. 83707 40 PATRICK MOMONT TAX 5 BLK 22 $1,818.07 $112,900.28 2216 WYOMING AVE. MOUNTAIN VIEW ADDITION SW1/4 SEC 27 T4N R3W B.M. 41 PABLO SANTANA LOT 1 BLK 1 $1,184.37 $45,200.00 (JOEL BETTANCOURT) CANYON HILL ADDITION 1820 TAFT ST. SE114 SEC 15 T4N R3W B.M. IUTAL= ,'51Z,jV0.j MAILING ADDRESS TOTAL = $53,392.99 �+ C9 �� e r� :L zz' �� :71- _ Cp GO ". ;u r1] Iry m *z,u00 tl.tfz $5,403,360.66 m rn cl) 0 n rn 0 N O N N N f--+ Ln 00