HomeMy WebLinkAboutORD 25074 1 � �S
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BILL NO. P I
ORDINANCE NO. 5U
AN ORDINANCE MAKING CERTAIN FINDINGS IN CONNECTION WITH
LOCAL IMPROVEMENT DISTRICT NO. 02-2 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. 02 -2 on the 17 day of May, 2004, 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 21, 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. 02 -2, all in accordance with Section 50 -1715 of 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. 02 -2 mentioned in the premises of this Ordinance
is hereby named and shall thereafter be known as "Local Improvement District No. 02 -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 July 1, 2002, 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 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. 02 -2 as provided by Ordinance No. 2431 are defined as follows:
(a) BOUNDARIES:
The boundaries of Local Improvement District 02 -2 are described as follows:
AT VARIOUS LOCATION LYING WITHIN THE BOUNDARIES
OF THE CORPORATE LIMITS OF THE CITY OF CALDWELL
(b) IMPROVEMENTS:
The general character of the improvements for this District were to extend city utility services
and allow connection thereto. The improvements also included engineering, legal, bonding,
advertising, printing, interest and administrative expenses.
(c) COST:
The total cost of the aforesaid improvements is $20,344.19 all of which will be paid by the
Participants of the District.
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(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 $963,000.00.
The cost and expenses of the improvements authorized and ordered by said Ordinance No. 2431 in
the aforesaid Local Improvement District are in the amount of $20,344.19 all of will be paid by the
Participants of the District. The amount of $20,344.19 which includes all 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. 2431.
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. 02-
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. 02 -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. 02 -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, 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 1" day of July, 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 July 1, 2004, at a rate equal to (i) the rate to
be borne by the special assessment bonds hereafter authorized, plus (ii) up to 112% (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 1 St day of July, 2005,
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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 7 112 percent and plus one year's additional interest at 7 % percent.
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,
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. Neither 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.
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Exhibit "A"
ASSESSMENT
ROLL
LOCAL IMPROVEMENT DISTRICT NO. 02-2
WATER AND SEWER
CONNECTION FEE L.I.D.
No.
Owner
Property Address
Description
L.I.D.
Assessed
Amount
Evaluation
1
Michael D. & Roberta
624 West Linden Street
TX 02359 Block 41
$4,012.47
$115,100
Stewart
Caldwell, ID 83605
Pioneer Subdivision
2
Jesse Don & Tonya
610 E. Ross Lane
Lot 11 Block 1
$1,233.10
$98,900
Diane Buie
Caldwell, ID 83605
Rosewood Subdivision
3
Monte & Julie
4007 Brian Avenue
Lot12, Block 1
$1,233.10
$100,500
Katzenberger
Caldwell, ID 83605
Rosewood Subdivision
4
Prado Properties L.L.C.
Main Street
Lot 9 -12, Block 2
$2,619.89
$33,300
5181 Glenwood St.
Caldwell, ID 83606
Caldwell Original
Boise, ID 83714
5
John & Sharon Eagan
Arthur Street
Lots 13-16, Block 2
$2,413.09
$30,000
22176 Rio Vista Dr.
Caldwell, ID 83607
Caldwell Original
Caldwell, ID 83605
6
Barbara Stevens
524 W. Hazel Street
TX 95676, Blocdc 23
$1,434.40
$106,900
Caldwell, ID 83605
Pioneer Subdivision
7
Walter Pappin
3820 Airport Avenue
Lot 5, Block 4
$1,842.50
$158,900
Caldwell, ID 83605
Southgate Subdivision
#2
S
Stephen & Angela Fox
514 W. Llstick Road
Lot 6, Block 7
$1,434.40
$139,100
Caldwell, ID 83605
Southgate Subdivision
#2
9
Marty, Colleen, &
904 N Illinois Avenue
TX 20-E In
$1,848.64
$97,400
Kimberly Stufflebeam
Caldwell, ID 83605
SW114SE1I4SE1 /4
Sect. 15, T4N, R3W
10
John Marsh
3004/3008 S. Georgia
Lot 1, Block 2
$2,272.60
$82,900
504 Alaska Avenue
Avenue
Forrer's Replat of
Caldwell, ID 83605
Caldwell, ID $3605
Mountain View
Subdivision Tracts P&W
Total
$20,344.19
$963,000.00
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