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Home My WebLink AboutORD 2508. . . . . . . . . . . . . m ............ I C 1. 7J• A 7 ........ ........ P4 A l I p .......... 77 0 0 dear 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 7 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 -3, 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 -3 mentioned in the premises of this Ordinance is hereby named and shall thereafter be known as "Local Improvement District No. 03 -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 December 15 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, 2 0 0 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. 03 -3 as provided by Ordinance No. 2486 are defined as follows: (a) BOUNDARIES: Local Improvement District 03 -3 is situated in the Southwest 1 -4 of Section 34, Township 4 North, Range 3 West, Boise Meridian, Canyon County, Idaho. The boundaries of the Local Improvement District to be formed are as follows: Lots 7 through 12, inclusive, of Block 1, and Lots 1 through S, inclusive, of Block 2, of Rosewood Subdivision, Canyon County, Idaho, according to the plat filed in Book 7 of plats, Page 14, records of Canyon County, Idaho. (b) IMPROVEMENTS: The general character of the improvements for this District was 3 the construction of approximately six hundred thirty five feet of sewer main, three manholes, and surface repairs in that portion of Ross Lane between Ray Avenue and Brian Avenue, and the construction of a four inch sanitary sewer service line for each participant in the District. (c) COST OF IMPROVEMENTS: The total construction cost of the improvements for L.I.D. 03 -3 is $36,786.40. 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. 2486 passed respectively by the Council and Mayor on December 15 th , 2003. Each lot, parcel and tract of land shall be separately assessed for the cost of constructing and installing the aforesaid sewer main and service line 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 $1,067,800. 4 (e) AMOUNT OF ASSESSMENT: The total cost and expenses of the improvements authorized and ordered by said Ordinance No. 2486 in the aforesaid Local Improvement District is in the amount of $40,465.04 (cost of constructing improvements plus a 10% fee to cover the costs of legal services, advertising, printing, bonding, and interest), 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. 2486. 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 -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. 03 -3. Section 6. The City Clerk shall immediately file with the Canyon County Recorder, a notice of assessment lien which shall 5 • r dontain the date of this Ordinance and a description of the boundaries of Local Improvement District No. 03 -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, 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 7th 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 7 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, 6 0 0 payable annually at the Office of the City Treasurer, the first annual payment of principal and interest being due and payable on the 7 th day of July, 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 (2a) 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 7 0 0 district, as provided in Section 50 -1716, Idaho Code. Subsequent notices of payment may list only current installments due. Section S. 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. � -Isar 5/4/2004 EXHIBIT "A" L.I.D. 03-3 ROSS LANE SEWER ASSESSMENT ROLL Page 1 of 1 TOTAL ASSESSMENT: $40,465.04 I TOTAL PROPERTY VALUE: 51.067.800.00 PROPERTY PROPERTY L.I.D. PROPERTY NO. OWNER DESCRIPTION ASSESSMENT VALUE 1 Donald & Lisa Thompson Lot 1 Block 2 $3,753.64 $119,900.00 3919 Brian Ave. Rosewood Subdivision C! Caldwell, ID 83605 Book 7, Page 14, Canyon County, Idaho 2 Fabian & Isabel Cruz Lot 2 Block 2 $3,619.99 $89,900.00 611 E. Ross Lane Rosewood Subdivision CD CD S Caldwell, ID 83605 Book 7, Page 14, Canyon County, Idaho 3 Terry & Loanne Adler Lot 3 Block 2 $3,577.64 i $94,900.00 O 617 E. Ross Lane Rosewood Subdivision C2 O Caldwell, ID 83605 Book 7, Page 14, Canyon C unty, Idaho 4 Salomon & Magdalena Ruana Lot 4 Block 2 $3,436.84 $112,900.00 709 E. Ross Lane Rosewood Subdivision O Caldwell, ID 83605 Book 7, Page 14, Canyon County, Idaho 5 David Lively Lot 5 Block 2 $4 ,352.04 $92,500.00 711 E. Ross Lane Rosewood Subdivision Caldwell, ID 83605 Book 7, Page 14, Can on County, Idaho 6 Monte & Julie Katzenberger Lot 12 Block 1 $3,627.14 $100,500.00 4007 Brian Ave. Rosewood Subdivision Caldwell, ID 83605 Book 7, Page 14, Canyon County, Idaho 7 Jesse & Tonya Buie Lot 11 Block 1 $3,855.94 $98,900.00 610 E. Ross Lane Rosewood Subdivision Caldwell, ID 83605 Book 7, Page 14, Canyon County. Idaho 8 Peggy Miller Lot 10 Block 1 $3,577.64 $94,900.00 616 E. Ross Lane Rosewood Subdivision Caldwell, ID 83605 Book 7, Page 14, Canyon County, Idaho 9 James & Elizabeth Stallcup Lot 9 Block 1 $3,486.34 $110,900.00 708 E. Ross Lane Rosewood Subdivision Caldwell, ID 83605 Book 7, Page 14, Canyon County, Idaho 10 Wayne & Donna Oyama Lot 8 Block 1 $3,736.59 $136,500.00 712 E. Ross Lane Rosewood Subdivision Caldwell, ID 83605 Book 7, Page 14, Canyon County, Idaho 11 Edward & Von McNelis Lot 7 Block 1 $3,441.24 $16,000.00 621 N. Robinson Blvd Rosewood Subdivision Nampa, ID 83687 jBook 7, Page 14, Canyon County, Idaho TOTAL ASSESSMENT: $40,465.04 I TOTAL PROPERTY VALUE: 51.067.800.00 0 o G? r C! N rn Z: CD CD S rn O m r— C2 O C) o L C-D co N O p �] 49" M 0