HomeMy WebLinkAboutORD 2438OS
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BILL NO. 34,
ORDINANCE NO. 2411
AN ORDINANCE MAKING CERTAIN FINDINGS IN CONNECTION
WITH LOCAL IMPROVEMENT DISTRICT NO. 01-2 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 -2 on the 15'' day of July 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; 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 August 5, 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; 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. 01 -2, all in accordance with Section 50 -1715, Idaho Code;
NOW, THEREFORE BE TT ORDAINED by the Mayor and City Council of the City of Caldwell,
Idaho:
Section 1. The Local Improvement District No. 01 -2 mentioned in the premises of this Ordinance is
hereby named and shall hereafter be known as "Local Improvement District No. 01 -2" 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 March 19, 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 -2 as provided by Ordinance No. 2370 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 LID No. 01 -2 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 $52,553.72, all of which will be paid by the participants of
0 0
the district. The total of the Assessment Roll, including the costs for legal services, advertising,
printing, bonding, administration and interest is $52,563.72. 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. 2370
passed respectively by the Council and Mayor on March 19, 2001. 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 $4,203,800.00. The total cost and expenses of the improvements
authorized and ordered by said Ordinance No. 2370 in the aforesaid Local Improvement District are in
the amount of $52,563.72, all of which will be paid by the participants of the district. The amount of
$52,563.72 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. 2370.
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. 0I -2 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 -2.
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 -2 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 5 day of August, 2003, and the
remainder of said installments shall be due and payable successively each year thereafter until paid in
fitll, with interest, in all cases, on the unpaid and deferred installments of principal computed from
August 5, 2002 at a rate equal to (i) the rate to be bome 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 plus interest being due and payable
on the 5 day of August, 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 %) 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 ' / %. After bonding, payment in full shall include the full
amount of the unpaid assessment plus penalties, plus the current year's interest, 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 filing a written notice of appeal with the
City Clerk of the City of Caldwell, Idaho, and with the Cleric 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 malting 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 any reason, the invalidity or unenforceability of such section, paragraph, clause or
provision shall in no manner affect any remaining portions of this ordinance.
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Page 1 EXHIBIT "A"
ASSESSMENT ROLL
LOCAL IMPROVEMENT DISTRICT NO. 01-2
CONNECTION FEE L.I.D.
•
PROPERTY
PROPERTY
PROPERTY
L.I.D. PROPERTY
NO.
OWNER
ADDRESS
DESCRIPTION
ASSESSMENT VALUE
1
Karl F. & Teresa J. Baughman
4307 Oregon Ave.
Lot 1 Block 4 Palrang Sub.
$ 1,728.53 $ 145,900.00
4307 Oregon Ave.
Caldwell
& Tax 96431 & Tax 96432
Caldwell, ID 83607
NE NW Sec. 3, T3N, R3W
2
Lawrence & Ellen M. Banta
4477 Oregon Ave.
Lot 6 Block 4 Palrang Sub.
$ 1,862.30 $ 113,900.00
4477 Oregon Ave.
Caldwell
NW Sec. 3, T3N, R3W
Caldwell, ID 83605
3
Thomas S. Robertson
4411 Oregon Ave.
Lot 5 Block 4 Palrang Sub.
$ 1,585.10 $ 129,500.00
4411 Oregon Ave.
Caldwell
NW Sec. 3, T3N, R3W
Caldwell, ID 83607
4
David A. & Virginia L. Sorensen
4321 Oregon Ave.
Lot 3 Block 4 Palrang Sub.
$ 1,585.10 $ 113,900.00
4321 Oregon Ave.
Caldwell
NW Sec. 3, T3N, R3W
Caldwell, ID 83607
5
William E. & Katherine A. Ward
4311 Oregon Ave.
Lot 2 Block 4 Palrang Sub.
$ 1,585.10 $ 107,500.00
4311 Oregon Ave.
Caldwell
NW Sec. 3, T3N, R3W
Caldwell, ID 83607
6
Florence O. & Doris J. Woodard
4211 Lake Ave.
Lot 3 Block 1 Hickman Sub.
$ 2,587.79 $ 111,500.00
4211 Lake Ave.
Caldwell
NW Sec. 1 T3N, R3W
Caldwell, 1D 83607
7
Francisco & Pamela K. Garcia
4308 Idaho Ave.
Lot 13 Block 4 Palrang Sub.
$ 2,368.70 $ 102,500.00
4308 Idaho Ave.
Caldwell
NW Sec. 3, T3N, R3W
Caldwell, ID 83607
8
Isabel A. & Mario Jesus Paz
1523 N. 3rd. Ave.
Block 76 Golden Gate Sub.
$ 1,772.06 $ 54,500.00
1523 N. 3rd. Ave.
Caldwell
Less Tax 1 & Less Benito
Caldwell, 1D 83605
Juarez Sub.
SE Sec. 15, T4N, R3W
9
Luis & Rosa Magana
1601 E. Ustick Rd.
Tax 55 -D
$ 550.00 $ 101,900.00
1601 E. Ustick Rd.
Caldwell
SE Sec. 34, T4N, R3W
Caldwell, ID 83605
10
Roberto A. & Linda L. Jasso
1517 E. Ustick Rd.
Tax 20 in SWSE Less West
$ 1,100.00 $ 47,300.00
1517 E. Ustick Rd.
Caldwell
100' of the South 435.6' & Tax
Caldwell, ID 83605
02113 in SE Sec. 34, T4N, R3W
11
Edward L. & Sharon W. Traywick
1704 E. Ustick Rd.
West 112' of North 777' of
$ 550.00 $ 104,200.00
1704 E. Ustick Rd.
Caldwell
W 114 of Lot 1
Caldwell, ID 83607
NE Sec. 3, T3N, R3w
12
Julia Chapman Living Trust
1409 E. Ustick Rd.
Tax 98759 in SWSE
$ 572,00 $ 30,300.00
c/o Julia F. Chapman
Caldwell
Sec. 34, T4N, R3W
1419 E. Ustick Rd.
Caldwell ID 83605
13
Julia Chapman Living Trust
1419 E. Ustick Rd.
West 100' of South 435.6' of
$ 572.00 $ 29,000.00
c/o Julia F. Chapman
Caldwell
Tax 20 in SW SE
1419 E. Ustick Rd.
Sec. 34, T4N, R3W
Caldwell, ID 83605
14
Yolanda Hernandez
1523 E. Ustick Rd.
Tax 55 -A in SE SW SE
$ 550.00 $ 59,900.00
1523 E. Ustick Rd.
Caldwell
Sec. 34, T4N, R3W
Caldwell, ID 83605
0
Page 2
EXHIBIT "A"
ASSESSMENT
ROLL
LOCAL IMPROVEMENT DISTRICT NO. 01-2
CONNECTION FEE L.I.D.
PROPERTY
PROPERTY
PROPERTY
L.I.D. PROPERTY
NO. OWNER
ADDRESS
DESCRIPTION
ASSESSMENT VALUE
15
Daniel P. & Peggy J. Dougherty
2405 Terrace Dr.
Lot 9 Block 1 Terrace Add.
$ 838.20 $ 143,100.00
2405 Terrace Dr.
Caldwell
SW Sec. 14, T4N, R3W
Caldwell, ID 83605
16
Rusty D. & Kellie M. Foreman
1916 Wyoming Ave.
Tax 2 Block 19 Mountain View
$ 605.00 $ 59,900.00
1916 Wyoming Ave.
Caldwell
Addition
Caldwell, ID 83605
SW Sec. 27, T4N, R3W
17
Scott Fountain
1605 Marshall Ave.
Tax 2 -B in Block 4 Pioneer Sub. $ 1,285.90 $ 58,500.00
eta Annabelle Fountain
Caldwell
NW Sec. 28, T4N, R3W
P.O. Box 932
Caldwell ID 83606
18
Annabelle Fountain
2509 E. Spruce St.
Lot 2 Block 1 Cleveland Sub.
$ 1,161.18 $ 60,500.00
P.O. Box 932
Caldwell
NW Sec. 35, T4N, R3W
Caldwell, ID 83606
19
Randall J. & Pamela J. Schill
4319 Idaho Ave.
Lot 8 Block 2 Country Acres #2
$ 838.20 $ 96,900.00
4319 Idaho Ave.
Caldwell
NW Sec. 3, T3N, R3W
Caldwell, ID 83607
20
Lawrence M. Winters
4326 Idaho Ave.
Lot 11 Block 4 Palrang Sub.
$ 2,272.60 $ 107,900.00
4326 Idaho Ave.
Caldwell
NW Sec. 3, T3N, R3W
Caldwell, ID 83607
21
Sueanne M. & Carl E. Ashley
4320 Idaho Ave.
Lot 12 Block 4 Palrang Sub.
$ 836-201 $ 108,900.00
4320 Idaho Ave.
Caldwell
NW Sec. 3, T3N, R3W
Caldwell, ID 83607
22
DYL Limited Partnership
Franklin Building Supply
Tax 41 in SW 114 Less Hwy
$ 4,746.35 $ 1,100,400.00
Attn: Richard L. Lierz
4523 E. Cleveland Blvd,
Sec. 36, T4N, R3W
3673 Manchester St.
Caldwell
Boise, ID 83705
23
Brent M. Merrick
3200 Muller Ln.
East 162.26' of Tax 23 lying
$ 2,142.77 $ 75,600.00
3200 Muller Ln.
Caldwell
North of Frontage Rd.
Caldwell, ID 83605
SW SE Sec, 23, T4n, R3W
24
E. Lynn Draper
923 Palrang Dr.
Lot 8 Block 4 Palrang Sub.
$ 1,924.12 $ 106,500.00
923 Palrang Dr.
Caldwell
NW Sec. 3, T3N, R3W
Caldwell, Ill 83607
25
Juan P. & Marie E. Garcia
4416 Idaho Ave.
Lot 9 Block 4 Palrang Sub.
$ 2,570.70 $ 102,900.00
4416 Idaho Ave.
Caldwell
NW Sec. 3, T3N, R3W
Caldwell, ID 83607
26
Stephen & Angelena zeimantz
4407 Oregon Ave.
Lot 4 Block 4 Palrang Sub.
$ 1,434.40 $ 150,500.00
4407 Oregon Ave.
Caldwell
NW Sec. 3, T3N, R3W
Caldwell, ID 83607
27
Richard G. & Heidi K. Cameron
2616 Meadow Ave.
Tax 2 -M in NE NW
$ 3,329.77 $ 137,900.00
2616 Meadow Ave.
Caldwell
Sec. 33, T4N, R3W
Caldwell, ID 83605
28
Gary E. & Robin T. Torrence
806 W. Logan St.
Tax 1 Block 3 Pioneer Sub.
$ 3,527.26 $ 109,500.00
806 W. Logan St,
Caldwell
NW Sec. 28, T4N, R3W
Caldwell, ID 83605
Page 3 EXHIBIT "A"
ASSESSMENT ROLL
LOCAL IMPROVEMENT DISTRICT NO. 01-2
CONNECTION FEE L.I.D.
IMal 4i 51,bb:S.I1 $ 4,1US,5UU.UU
PROPERTY
PROPERTY
PROPERTY
L.I.D.
PROPERTY
NO.
OWNER
ADDRESS
DESCRIPTION
ASSESSMENT
VALUE
29
Dennis Michael Sweatt
814 W. Easy St.
Lot 2 Black 1 Southgate Sub #1
$ 1,393.59
$ 127,300.00
814 W. Easy St.
Caldwell
SW Sec. 33, T4N, R3W
Caldwell, ID 83605
�`
30
Norma J. Mc Douall
606 Easy St.
Lot 4 Block 2 Southgate Sub #1
$ 1,393.59
$ 105,300.00
is
606 Easy St.
Caldwell
SW Sec. 33, T4N, R3W
Caldwell, ID 83605
31
Edward G. & Karen A. Hulme
513 Easy St.
Lot 2 Block 4 Southgate Sub #2
$ 1,434.40
$ 159,600.00
513 Easy St.
Caldwell
SW Sec. 33, T4N, R3W
Caldwell, ID 83605
E
32
Brent D. 6 Christina L. Sullivan
3806 Airport Ave.
Lot 4 Block 4 Southgate Sub #2
$ 1,858.82
$ 140,600.00
3806 Airport Ave.
Caldwell
SW Sec. 33, T4N, R3W
Caldwell, ID 83605
IMal 4i 51,bb:S.I1 $ 4,1US,5UU.UU
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