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NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of
Caldwell,ldaho:
Section 1. The Local Improvement District No. 04 -1 mentioned in the premises of this Ordinance is
hereby named and shall hereafter be known as "Local Improvement District No. 04 -1 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 January 2, January 16, and February 5, 2007 the Mayor and City Council of the City of
Caldwell, Idaho, held hearings, the notices (both publication and mailing to property owners) of said
hearings 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 -1 as provided by Ordinance No. 2494 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:
The improvements were in the following areas in the City of Caldwell:
1) At various locations lying within the boundaries of the corporate limits of the City of Caldwell,
Idaho.
2) The cost of the improvements included curb, gutter, sidewalks, driveway approaches, decorative
sidewalks, landscaping and street lights. The improvements also included engineering, legal,
bonding, interest and administrative expenses.
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(c) COST:
The assessment sub total was $216,374.65 of which 25% or $54,093.66 was paid by the City as set forth
in Section 2 of Ordinance 2494, the ordinance creating the district, and of which $18,948.42 was paid by
the Caldwell East Urban Renewal District. $24,982.00 was added for decorative material requested by
the property owners, 800.00 for tree removal and 10% or $15,986.47 for Legal Bonding and
Administrative fees was also added leaving $185,101.04 to be paid by the Participants of the District.
The total of the Assessment Roll, including the costs for legal services, advertising, printing, bonding,
administration and interest is $185,101.04, 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. 2494 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, driveway and sidewalk 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 $351,615.00. The total cost and expenses of the improvements authorized and
ordered by said Ordinance No. 2494 in the aforesaid Local Improvement District are in the amount of
$216,374.65 of which $54,093.66 was paid by the City, and $18,948.42 was paid by the Caldwell East
Urban Renewal District, $24,982.00 was added for decorative material requested by the property owners,
$800.00 was added for tree removal and $15,986.47 was added for Legal Bonding and Administrative
fees leaving $185,101.04 to be paid by the participants of the District. The amount of $185,101.04
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. 2494.
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. 04 -1 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 -1.
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 -1 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
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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 20th day of March, 2008, 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 March 20th, 2007 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 20th day of March 2008, 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'/i %. 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 Roil 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
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