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HomeMy WebLinkAboutORD 24266 0 BILL NO. 22 ORDINANCE NO. 2426 AN ORDINANCE MAKING CERTAIN FINDINGS IN CONNECTION WITH LOCAL IMPROVEMENT DISTRICT NO. 01-3 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 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 -3 on the 2e day of May 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 June 17, 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. 1 0 WBEREAS, 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 -3, all in accordance with Section 50 -1715, Idaho Code. NOW THEREFORE, BE PF ORDAINED by the Mayor and City Council of the City of Caldwell, Idaho: Section 1. The Local Improvement District No. 01 -3 mentioned in the premises of this Ordinance is hereby named and shall hereafter be known as "Local Improvement District No. 01 -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 August 6, 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 -3 as provided by Ordinance No. 2380 are defined as follows: a) BOUNDARIES: COMMENCING at the Southeast corner of the Southwest Quarter of the Southeast Quarter of said Section, said point also being the TRUE POINT OF BEGINNING; Thence North 0 °59'25" East along the Easterly boundary of said Southwest Quarter of the Southeast Quarter a distance of 253.42 feet, Thence North 89'28'10" West parallel with the Southerly boundary of said Southwest Quarter of the Southeast Quarter a distance of 233.42 feet; Thence North 0 °59'25" East parallel with said Easterly boundary a distance of 44.08 feet; Thence North 89 West parallel with said Southerly boundary a distance of 203.33 feet; Thence West along the Northerly boundary of parcel 11 described in Instrument No. 200116558 a distance of 30 feet to the Northeast corner of Block 2 of West Side Addition as appears by the plat of said Addition of record in the office of the county recorder of Canyon County, Idaho; 0A s 0 Thence South along the Easterly boundary and Easterly boundary extended of Lot 1, Block 2 of said West Side Addition a distance of 136 feet to the Northeast corner of Lot 14, Block 2 of said Addition; Thence West along the Northerly boundary of Lots 14 through 8, Block 2 of said West Side Addition a distance of 163 feet, more or less, to the Northwest corner of Lot 8, Block 2 of said Addition; Thence Westerly to a point on the Easterly boundary of a parcel described in Instrument No. 8812588 a distance of 30 feet, more or less; Thence North 1 0 07'39" East a distance of 180 feet, more or less, to the Northeast comer of said parcel; Thence North 89 ° 30'26" West along the Northerly boundary of said parcel a distance of 40 feet; Thence North 1 ° 07'23" East along the Easterly boundary of a parcel described in Instrument No. 8812589 a distance of 656.18 feet to the Northeast corner of said parcel; Thence North 89 West along the Northerly boundary of said parcel a distance of 623.86 feet to the Northwest corner of said parcel; Thence Westerly to a point on the Easterly boundary of a parcel described in Instrument No. 9515651 a distance of 110 feet, more or less; Thence North 0°31'40" East along the Easterly boundary of said parcel a distance of 242 feet, more or less, to the Northeast corner of said parcel; Thence South 89 West along the Northerly boundary of said parcel and parallel with the South boundary of the Wilder Branch of the Union Pacific Rail Road right -of -way a distance of 331.20 feet; Thence South 0 ° 31'40" West along the Westerly boundary of said parcel a distance of 525.51 feet; Thence continuing South 0 °31'40" West along the Westerly boundary of the parcels described in Instrument No.'s 9904497, 9935713, 9311514, 9424142, and 9906005 a distance of 658.89 feet; Thence continuing South 0°31'40" West along the Westerly boundary line extended of the parcel described in Instrument No. 9906005 a distance of 50 feet, more or less, to a point on the Southerly boundary of the Southeast Quarter of the Southwest Quarter of said Section 21; Thence South 89 0 56'45" East along the Southerly boundary of said Southeast Quarter of the Southwest Quarter a distance of 441 feet, more or less, to the Southeast corner of said Southeast Quarter of the Southwest Quarter; Thence continuing Easterly along the Southerly boundary line of the Southwest Quarter of the Southeast Quarter of said Section a distance of 1,328 feet, more or less, to the Southeast comer of said Southwest Quarter of the Southeast Quarter, which is also the POINT OF BEGINNING. 0 b) IWROVEMENTS: The improvements made within LID No. 01 -3 are as follows; 1,473 Tons Asphalt 8,366 Tons Base 4 EA Catch Basins 4 EA Sand/Grease Traps 281 LF Storm Drain Pipe 2 EA Storm Drain Manholes 945 LF Curb & Gutter 48 SF 4 -inch Concrete Sidewalk 154 SF 6 -inch Concrete Approach 228 LF 8 -inch Concrete Valley Gutter 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 $91,107.56, as set forth in Section 6 of Ordinance 2380 the ordinance creating the district, of which $23,678.89 was paid by the City leaving $67,428.67 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 $67,428.67. 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 front 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 4 of Ordinance No. 2380 passed respectively by the Council and Mayor on August 6, 2001. Each lot, parcel, and tract of land shall be separately assessed for the cost of curb, gutter, driveway, sidewalk, 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 mariner 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 $3,593,250.00. 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 $91,107.56 of which $23,678.89 was paid by the City, leaving $67,428.67 to be paid by the participants of the District. The amount of $67,428.67 including costs for legal services, 4 0 • 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 deternuned 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. 2380. 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 -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. 01 -3. 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. 01 -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, 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 plus interest, the first installment of which shall be due and payable on or before the 17'' day of June, 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 June 17, 2002 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 (10%) per annum, payable annually at the Office of the City Treasurer, the first annual payment of principal plus interest being due and payable on the 17 day of June, 2003, and the remainder of said annual installments of principal plus 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 yews interim interest of 7 ' /z% and plus one yew'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. � k2 L:•w I P -r. S V. _ i ` I - �f..Y %,I,- _- 1 r s �n 4 a -r. 5 r - S? p - 7 7 7 I : �, '. I� � � � Ic- _ � : jif Y +' , �" ' ,Yr :� rte, \, e � � : : S • I _ � ; � . � :t �c } r } K i ! • ASSESSMENT ROLL LOCAL IMPROVEMENT DISTRICT NO. 01-3 STREET PAVING L.I.D. LAUREL STREET. From Pavnter Avenue to Kit Avenue 110. JOWNER PROPERTY ADDRESS DESCRIPTION L.I.D. ASSESSED AMOUNT EVALUATION 5 JR Simplot, Co. AMOUNT EVALUATION 1 Research Seeds, Inc. 816 PAYNTER AVE. Tax 10-A Less Street $ 6,848.59 $ 792,175 225 Florence Rd. 1 CALDWELL, ID 83605 SW 114, SE 114, Sec. 21 B.M. St. Joseph. MO 64502 6 T4N, R3W, B.M. 323 LA FOND ST. Tax 56 Less 40' Street on E.. 2 Philip & Carol Burbank 220 LAUREL ST. Lots 13, 14, & E. 10' Lot 12, $ 1,488.08 $ 34,900 1604 Dearborn St. CALDWELL. ID 83605 Block 2, West Sloe Addition, T4N. R3W, B.M. Caldwell. ID 83605 7 & Tax 00464, SEU4, SW114, 518 KIT AVE. Tax 59, SE 114, SW 114, $ 8,123.40 $ 533.275 SE 114, Sec. 21, T4N, R3W, CALDWELL, ID 83605 Sec. 21, T4N, R3W, B.M. B.M. 3 Philip & Carol Burbank 222 LAUREL ST. Lots 8-11 & W. 15' LOT 12, $ 1,767.92 $ 19,500 $ 2,363.75 1604 Dearborn St. CALDWELL, ID 83605 Block 2, West Side Addition, CALDWELL. ID 83605 Sec. 21, T4N, R3W, B.M. Caldwell, ID 83605 SE114, SWIM, SE 114, Sec. 21, T4N. R3W. B.M. 4 JR Simplot, Co. LAUREL ST. Tax 107, SW 114, SW 114, $ 11,176.96 S 280,975 $ 3,742.60 P.O. Box 27 CALDWELL. ID 83605 SE 114, Sec 21, T4N, R3W, CALDWELL. ID 83605 Sec. 21, T4N, R3W, B.M. Boise, ID 83707 B.M. LAUREL ST. TOTAL $ 21,281.55 $1,127,550 KIT AVENUE, From Laurel Street to La Fond Street NO. OWNER DESCRIPTION L.I.D. ASSESSED AMOUNT EVALUATION 5 JR Simplot, Co. KIT AVE. Tax 107, SW 114, SW 114, $ 6,240.98 $ 280,975 P.Q. Box 27 CALDWELL, ID 83605 SE 114, Sec 21, T4N, R3W, Boise, ID 83707 B.M. 6 JR Simplot, Co. 323 LA FOND ST. Tax 56 Less 40' Street on E.. $ 13,697.71 $ 1,498,700 P.O. Box 27 CALDWELL, ID 83605 SW 114, SE 114, Sec. 21 Boise, iD 83707 T4N. R3W, B.M. 7 Thomas & Mary Arvin 518 KIT AVE. Tax 59, SE 114, SW 114, $ 8,123.40 $ 533.275 Route 2 Box 8 CALDWELL, ID 83605 Sec. 21, T4N, R3W, B.M. Homedale, ID 83628 8 Judd & Sandra Lanham & KIT AVE. Tax 75, SE 114, SW 114, $ 2,363.75 $ 16,800 Jahn & Peggy Hokom CALDWELL. ID 83605 Sec. 21, T4N, R3W, B.M. 2810 S. Orchard Ave. Boise, ID 83705 9 HokomlL.anham Partnership KIT AVE. Tax 74, SE 114, SW 114, $ 3,742.60 $ 16,800 do Hopper Family Trust- CALDWELL. ID 83605 Sec. 21, T4N, R3W, B.M. Life Est. 2810 S. Orchard Ave. Boise, ID 83705 10 Tom & Barbara Kiser 722 KIT AVE. Tax 73, SE 114, SW 114, $ 3,742.60 $ 53,125 209 Holley SL CALDWELL. 10 83605 Sec. 21, T4N, R3W, B.M. Caldwell, ID 83605 11 Danny & Guadalupe Villegas 724 KIT AVE. Tax 72, SE 114, SW 114, $ 3,742.60 $ 53,125 1317 Arlington Ave. CALDWELL. ID 83605 Sec. 21. T4N, R3W, B.M. Caldwell, ID 83605 12 John & Jennifer Bulbs KIT AVE. Tax 101, SE 114, SW 114, $ 4,493.48 S 12,900 2410 Windsor Dr. CALDWELL, ID 83605 Sec. 21, T4N, R3W, B.M. Caldwe8, ID 83605 KIT AVENUE TOTALI $ 46,147.12 S 2,465.700 L.I.D. TOTAL $ 67,428.67 $3,593,250