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HomeMy WebLinkAboutORD 2989 m Zoos-005282 QRD Z9 a C, RECORDED "Atux " o 02/18/2015 03:37 PM t, �� Illllllll�lllllll�111111111111111111f111 00150323207500052820060069 CHRIS YAMAMOTo CANYON COUNTY RECORDER Q Pgs=6 MBROWN NO FED ORDINANCE CITY OF CALDWELL 11892t ,. Canyon County 2015-008822 • RECORDED Recorder's Office 03/17!2015 08:24 AM Document I 00155027201500088220070074 Cover Sheet CHRIS YAMAMOTO CANYON COUNTY RECORDER Pgs=7 BJBROWN $0.00 ORDINANCE CITY OF CAtDWELL � a F BILL INTO. ORDINANCE-NO. 2989 AN ORDINANCE MAKING CERTAIN FINDINGS IN CONNECTION WITH LOCAL IMPROVEMENT DISTRICT NO, 14-2 FOR THE CITY OF CALDWE LL, IDAHO, INCLUDING THE NAMING F SAID DISTRICT, THE CREATION OF SAID DISTRICT, THE HEARING OF PROTESTS AND THE FINDINGS MAD 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 THERE ON AND THE NOTICE OF SAID HEARING AS T SAID LOCAL IMPROVE MENT DISTRICT; PROVIDING SEVER ABILITY, AND PROVING 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 f the City of Caldwell, Idaho, file Assessment loll for Local Improvement District Flo. 14-2 on the 20"' day of January, 2015 t its Regular Meeting and the Mayor and City Council of the City of Caldwell, Idaho, established the thne and place it would hear objections to said Assessment Doll, the assessments contained herein, and the regularity of the proceedings taken its making said Assessments; WHEREAS, said Assessment Roll having been filed in the office of the City Clerk f the City of Caldwell, Idaho, and the Clerk hiring given notice, published and mailed to the property owners within said Local Improvement District in accordance with the Provisions of -tion 50-1713, Idaho Code, of the time and place the Mayor r 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 Doll, the Mayor and City C uneil of the City of Caldwell, Idaho, held scheduled hearings on February 17, 2'0 1 , and the Mayor and City Counci of the City of Caldwell, Idaho, having heard all objections to said Assessment Doll, and having considered the City Engineer's I epos t, did adopt said Assessment Roll as indicated thereon. WHEREAS, the Mayor and the City Council now desire to pass and approve an Ordinance levylag said Assessments, confirming said Assessment loll and making ing rtain findings in connection with said Local Improvement District No. 14-2, all in accordance with Section - 1715, Idaho Code. NOW9 THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Caldwell, Idaho: Section 1. The Local hnprovement District No. 14-2 mentioned in the premises of this Ordinance is hereby named and shall hereafter be known as "Local Improvement District No. 14- 2 for the City of Caldwell, Idaho", the organization of said District having been initiated by a Resolution adopted by an affirmative vote of majority of the members of the City Council of the City of Caldwell, Idalio. Section 2. On February 17, 2015 the Mayor and City Council of the City of Caldwell, Idaho, held hearings, the notices (both publication and mailing to property owned of said hearings as given by the Clerk being hereby ratified and confirmed, to hear all protests against the proposed improv ements and the creation of said District,that the Di tri ct 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 rdinance, 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 trade within said Local Improvement District No. 14-2 as provided by Ordinance No. 2956 are defined as follows: (a)BOUNDARIES: Lots 7 1hro rgh 2 and 16 lht•ough 18, offflock 10 4 Goandu Addition, Canyon Count);, Idaho, accor ling to the p tsyf le d in hook 2 of plats,pages -71and Lol 2 ofBIock I L. H. N. Townhouse, Canyon Counly, Ida ho, according to the plat filed in hooks I 8ofplats,page 48, records o, said County andfurther described as Canyon County A ccount manhei-s 80179100000, R0179200000. R01793000001 R02920501003 R0179500000 (b)IMPR VEMENT : The improvements were in the following areas in the City of Caldwell: 1 portion of alleyway on the 800 block of Grant Street and Fillmore Street fronting the following addresses: 812 Fillmore St., 818 Fillinore St., 824 Filli-nore St., 716 S. 9i1'Ave., and 819 Grant St. r 2 The cost of the improvements included curb, gutter, sidewalks,s, driveway approach, and asphalt paving. The improvements also included engineering, legal, bonding, interest and administrative expenses. (e)COSH: The assessment subtotal was $5,453.45. Pre pays are $0.00 and 1 0% or $543.35 was added for Legal Bonding and Administrative fees, leaving $5,998.80 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 $5,998.80. 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. 2956 passed respectively by the Council and Mayor on February 18, 2014. Each lot, parcel and tract of lard shall be separately assessed for the cost of curb, gutter, driveway and asphalt 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 lever and collection of special assessments. (d)VALUE F PROPERTY: The Council finds and declares that the value of the property within the said Local Improvement District is not less than the sung of$284,500.00 The total cost and expenses of the improvements authorized and ordered by said Ordinance No. 2956 in the aforesaid Local hripr-ovement District are in the amount of$8,453.45. $0.00 was pre paid by the participants, $543.35 was added for Legal Bonding and Administrative fees leaving $5,998.80 to be paid by the participants of the District. The amount of $5,998.80 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 tirade 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. 2956. Sectimi 5. The Mayor and City Council of the City of Caldwell, Idaho, hereby confirm the Assessment boll certified and filed with the City Clerk for the Local Improvement District No. 14-2 for the City of Caldwell, Idaho, and heresy order the levy of the L ment shown in said Doll and thereby levy against each lot, tract and parcel of real property shown in said Doll, the amount of assessments listed therein,to-N it: see Exhibit A5 the s ssment Roll for L.1.D. 14--2. Section 6. The City Clerk shall immediately file with the Canyon County Recorder, notice of � assessment lien which shall contain the date of this Ordinance and a description of the boundaries of Local Improvement District No. 14-2 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 days froin the effective date of this ordinance the and if the whole of said Assessments are not paid within said thi ty clay period, such assessments } shall become delinquent and shall be collected in the sabre manner and with the sane 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 assesslnent within thirty days from the date of the adoption of this ordinance shall be conolusively 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 Treasure' 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 March 20, 2016, and the remainder of said installments shall be dine 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 17, 2015 t rate of four and one-half percent 4.5% per annum, parable annually at the Office of the City Treasurer, the fiat annual payment of principal and interest being due and payable on the 2 'h day of March,2016, 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%) penalt will be added to the amount of said installin nt. In addition to any other methods of collection provided in Idaho State Code, Title , 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 fill after such time as it has been conclusively presumed that he will pay in installments, an 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 1 % and plLIs one year's additional interest at 7 V2%. After bonding,the payment shall include the full amount of the unpaid assessment plus penalties, plus the current gear'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 1s being made, stating the total amount of his assessment, plus the substance of the terins of payments of the saine as set out in the ordinance confirming the merit Roll. Are affidavit of the mailing of notice shall be filed before the slate of delinquency in the Office of the Treasurer in the file of the improvement district, as provided in Section 50-17165, Idaho Code. Subsequent notices of payment may list only current installments due. Section 8. The confirmation of said Assessment Doll 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 objection 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 lnde by filing a written notice of appeal with the City Cleric of the City of Caldwell, Idaho, and with the Clerk of the District Count within thirty days from the date of publication of this ordinance. No suit to set aside any assessments so made, oil to enjoin the making of the sabre, 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 v preparation and adoption of said Assessment Doll, the hearing held ther on, and the giving of the notice of said hearing of said Assessment loll are hereby in all respects ratified, approved and confirmed. Section 10. All bylaws, resoIutions and ordinances or parks 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 t n remaining portions of this ordinance. Section 12. This ordinance shall become effective upon its passage on the 1 'h day of February 2015. PASSED BY THE CITY COUNCIL of the City of Caldwell, Idaho, this 17 ih day of February 2015. APPROVED BY THE MAYOR of the City of Caldwell, Idaho, this 1711 day of February 201 . (Mayor) CITY Y 110 ATTEST: .••'� ••• , City Clerk CP do • 61 1 dp see %?o ., I Al 004 I \ S _ J EXHIBIT "All PROPOSED ASSESSMENT ROLL LOCAL IMPROVEMENT DISTRICT NO. 14-2 ALLEY PAVING L.I.D. PROPERTY PROPERTY PROPERTY L.I.D. NO.0 OWNER ADDRESS DESCRIPTION AMOUNT 1 Loris H. Navis 716 S. 9th Ave. 27-4N-3W L H N Townhouse Lot 11499.70 821 Grant St. Caldwell, ID 83605 131k 1 Caldwell, ID 83605 Loris H. Navis 819 Grant Bt. 27-4N-3W 1 NW GOANDU ADD Lots 16-19 1,499,70 821 Grant St. Caldwell, Idaho 63605 Inc. 131k loo a ldwell, ID 83605 Ryan M. Combe 812 Fillmore St. -4N-3W NW GOANDU ADD Lots 7&8 1311 999.80 812 Fillmore St. Caldwell, Idaho 83605 104 Caldwell, Idaho 83605 4 David J.Wright 818 Fillmore St. 27-4N-3W NW GOAN DU ADD Lets 9&10 Bl 999.69 818 Fillmore St. Caldwell, Idaho 83605 104 Caldwell, Idaho-83605 David J. Peterson 824 Fillmore St. 27-4N-3WNWGOANDU ADD Lots 11&12 Bilk 999,80 824 Fillmore St. lCaldwell, Idaho 83605 104 Caldwell, Idaho 83605 Total th i Page= $5,998.79