HomeMy WebLinkAboutORD 2518Y %
No t - '
Vj IL
�YII ', ."rt# � �M!� rF�L T 7
ri
V
7�
lo
lA*
I
17
7"
14
7 11, 11 a l I
17%
"Al
- ' ��n��l i 5 w1�, r � '� 4 Er� �'un,s y �� �✓
A .
IN .
Z 7
J,
7.,
7"
11 1
I
71
4 &NIT
0
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of
Caldwell, Idaho:
Section 1. The Local Improvement District No. 04 -3 mentioned in the premises of this
Ordinance is hereby named and shall hereafter be known as "Local Improvement District No. 04-
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 March 15, 2004 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. 04 -3 as provided by Ordinance No. 2495 are defined as follows:
(a) BOUNDARIES:
A portion of the E.112 of the S.E.1 /4 of the S.E.1 /4 of Section 15, T4N, R3 W, of the
Boise, Meridian, Canyon County, Idaho and more particularly described as follows:
1. North 70' of the east 130' of Lot 13 Block 17
2. Lot 13 less east 130' Block 7
3. East 131' of Lot 12 Block 6
4. East 50' of West 148' of Lot 12 Block 6
5. West 98' of Lot 12 Block 6
All lots are a portion of the MURRAY ADDITION, CALDWELL, CANYON COUNTY,
IDAHO, according to the PLAT of Said ADDITION filed September 30, 1910 in book 3 of
9
0
plats at page 18, in the office of the County Recorder, Canyon County, Idaho,
INSTRUMENT NO. 33508.
(b) IMPROVEMENTS:
The improvements were in the following areas in the City of Caldwell:
A portion of the E.1 /2 of the S.E. 114 of the S.E.1 /4 of Section 15, T4N, R3 W, of the Boise,
Meridian, Canyon County, Idaho and more particularly described as follows:
North 70' of the east 130' of Lot 13 Block 17
2. Lot 13 less east 130' Block 7
3. East 131' of Lot 12 Block 6
4. East 50' of West 148' of Lot 12 Block 6
5. West 98' of Lot 12 Block 6
All lots are apportion of the MURRAY ADDITION, CALDWELL, CANYON COUNTY,
IDAHO, according to the PLAT of Said ADDITION filed September 30, 1910 in book 3 of
plats at page 18, in the office of the County Recorder, Canyon County, Idaho.
INSTRUMENT NO. 33508.
2) The cost of the improvements included curb, gutter and a typical residential street section
of gravel base and asphalt concrete. The improvements also included engineering, legal,
bonding, interest and administrative expenses.
(c) COST:
The total construction cost was $14,040.44. The City of Caldwell funded $907.91 for curb and
gutter around the radii on N. Michigan and asphalt repair along N. Michigan and North Indiana.
This left an amount of $13,132.53 to be assessed to the property owner's. $1,313.25 was added
for Legal, Bonding and Administrative fees leaving $14,445.78 to be paid by the participants of
L.I.D. 04 -3. The total of the Assessment Roll, including the costs for legal services, advertising,
printing, bonding, administration and interest is $14,445.78. 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 to a front foot and/or square 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 3 of Ordinance No. 2495 passed respectively by the Council and Mayor on March 15,
2004. Each lot, parcel and tract of land shall be separately assessed for the cost of curb, gutter
and asphalt roadway 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.
0
(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 $275,200.00. The total cost and expenses of the
improvements authorized and ordered by said Ordinance No. 2495 in the aforesaid Local
Improvement District are in the amount of $14,040.44 of which $907.91 was paid by the City
$1,313.25 was added for Legal Bonding and Administrative fees leaving $14,445.78 to be paid
by the participants of the District. The amount of $14,445.78 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. 2495.
Section S. 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.
04 -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. 04 -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. 04 -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 and interest, the first
installment of which shall be due and payable on or before the 16th day of September, 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 September 16, 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 being due and payable on the 16th day of September 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 (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 %s% and plus
one year's additional interest at 7 ' / %. 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. 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,
■
J■
■
1
• I
�
1
oll
1 s
■ 1
I
■ , 1
1
"
Al
.�
'
1�
r ' s
r
_
II
IN
1
1
I 1
1 .•
r
■
11
■
I
- 4
� .
■ I
• 1 I \
1 _
1
1
1
k
r
1 .
w
' 1
• �
1
1
1 F
I
l
1
L 1
I
1
IL
1
1 r.
' 1 1
i
1
IR
1 ,
1
a
1
1� �
_
i
1
- 1 IC •�
. _3
■ I
' � C
— ■
1
_r
Page 1 of 1
0 10
EXHIBIT "A"
ASSESSMENT ROLL
LOCAL IMPROVEMENT DISTRICT NO. 04 -3
Nixon Street
8120!20
TOTAL= 4,446.78 276,200.00
CD
C o c
'- o
rT" W
�vw
PROPERTY
PROPERTY
PROPERTY L.I.D.
PROPERTY
NO.
ADDRESS
OWNER
DESCRIPTION AMOUNT
VALVE
1
Colleen Kalinoski
1103 N. Indiana Ave
15 -4N -3W SE Murray Add 13 5,09610
$ 100,400.00
1103 N. Indiana Ave
Caldwell
E 131' of Lot 12 Blk 61 E. 50' of W.
Caldwell, ID 83605
148' of lot 12 Blk 6
2
Faye A. Read
2001 Nixon Street
15 -4N -3W SE Murray Add
$ 2,672.94
$ 53,900.00
2001 Nixon Street
Caldwell
W 98' of Lot 12 Blk 6
Caldwell, ID 83605
3
Canyon Hill Church of Nazerene
1022 N. Michigan
15 -4N -3W SE Murray Add
$ 4,369.08
$ 44,000.00
903 N.MicNgan
Caldwell
Let 13 Less E. 130' Blk 7
Caldwell, ID 83605
4
Felix Abaunza
Grandview Farms
15-4N -3W SE Murray Add
$ 2,287.66
$ 76,900.00
2024 Ntxon Street
Mt. Home, Idaho 83647
N 70' of E 130' of Lot 13 Blk 7
Caldwell, ID 83605
TOTAL= 4,446.78 276,200.00
CD
C o c
'- o
rT" W
�vw