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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 January 20, 2004, 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. 03 -02, 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. 03 -02
mentioned in the premises of this Ordinance is hereby named and
shall thereafter be known as "Local Improvement District No. 03 -02
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 July 21, 2003, 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
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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. 03 -02 as provided
by Ordinance No. 2475 are defined as follows:
(a) BOUNDARIES:
Local Improvement District 03 -02 is situated in the Northwest 1 -4 of
Section 3, Township 3 North, Range 3 West, Boise Meridian, Canyon
County, Idaho. The boundaries of the Local Improvement District
to be formed are as follows:
Lots 13 through 24, inclusive, of Block 2, and Lots 1 through 13,
inclusive, of Block 3 of Country Acres Subdivision No.2, Canyon
County, Idaho, according to the plat filed in Book 13 of Plats,
records of said Canyon County, Idaho.
(b) IMPROVEMENTS:
The general character of the improvements for this District was
the construction of approximately sixteen hundred feet of street
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paving, gravel base, and drainage improvements in that portion of
Washington Avenue between Ustick Rd. and Palrang Dr., and the
construction of four inch sanitary sewer service lines for those
participants in the District who had not constructed them
previously.
(c) COST:
The total construction cost of the improvements for L.I.D. 03 -02
is $110,784.83. The costs of construction shall be borne entirely
by the participants of the District.
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. 2475
passed respectively by the Council and Mayor on July 21, 2003.
Each lot, parcel and tract of land shall be separately assessed
for the cost of constructing and installing the aforesaid asphalt
paving, street drainage, 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:
The Council finds and declares that the value of the property
within the said Local Improvement District is not less than the
sum of $2,158,700.00.
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The total cost and expenses of the improvements authorized
and ordered by said Ordinance No. 2475 in the aforesaid Local
Improvement District is in the amount of $121,863.31, which 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. 2475.
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.
03 -02 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. 03 -02.
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. 03 -02 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
20 day of February, 2005, 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 February 20,
2004, 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 and interest
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being due and payable on the 20 day of February, 2005, 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 (20)
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
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.
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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
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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