HomeMy WebLinkAboutORD 3031 2016,.002460 i
RECORDED
01/21/2016 0 : 2 P
00210411201600024600000068 ..
CHRIS YAMAMOTO
CANYON COUNTY RECORDER
RDER
IAY FEE
pis_ R
ORDINANCE
CITY OF CALDWELL
ILIA NO, 5
ORDINANCE NO, 3031
AN ORDINANCE MAKWG CERTAIN FINDINGS IN CONNECTION '1 IT11
LOCAL 1WROVEI LENT DISTRICT NO. 15-1 FOR THE CITY OF CALDWELL
IDAHO, INCLUDING TTIE 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 I IPRO EMENT DISTRICT; ASSESSMENT T ROLE. FOR
SAID DISTRICT LEVYING THE ASSESS ENT 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 MELD THEREON AND THE NOTICE OF SAID HEARING AS TO
SAS LOCAL IMPROVEMENT DISTRICT; PROVIDING SEVERABILITY9 AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, In accordance with the provisions of Section -1712, Idaho Cody the City
Engineer led t1]d certified
t the Mayor and City Council of the City of Caldwell, Idaho, the
Assessment Roll for Local Improvement District Igo. 15-1 n December 1, 201 at its Regular
Meeting and the Mayor and City Council of the City of Caldwell, Idaho, established the time and
place it world hear objections to said Assessment Roll, the assessments contained herein and the
regularity of the proceedings taken in making said Assessments;
MEREA S, said Assessnient Doll having been filed in the Office of the City lerk f the City f
y �
Caldwell, Idaho, and the Clerk having given notice, published and marled to the p p �r owners
within said Loyal Improvement District in accordance with the provisions f Section 50-1713,
Idaho Code, f 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 p lace r
� prtY
owners could file objections to said Assessment Doll, the Mayor and City Council of the City of
Caldwell, Idaho, held scheduled hearings n January l 2016, 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.
WH R AS, the Mayor and the City Council now desire to pass and approve n Ordinance
levying said Assessments., confirming said Assessment Doll and making certain findings in
ODneetion with said Local Improvement District No. 15-1. all in accordance with Section -
1715, Idaho Code.
NOW, TH R FOR , BE IT ORDAINED by the Mayor r acrd City Council of the City of
Caldwell,Idaho:
Section 1, The Local Improvement District Igo. 15-1 mentioned in the p demises of this
Ordinance is hereby named and shall hereafter be known as "Local Improvement I istriet No. 15-
1 for the City of Caldwell, Idaho", the organization of said District havin g 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 19,2016 the Mayor~and City Council of the City of Cal well Idaho held
hearings, the notices (both publication and mailing to property owners s as
g g of said hearings 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 r-ea on le p �robabili that the
obligations of the District would be paid.
Section 3. The actual value of each parcel of real property assessed herein,having been p r vided
from the official records of the Assessor~'s office of Carryon County, as set forth in Section
Subsection d of this Ordinance, has been determined to exceed the cost of improvements rovements
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 t Igo. 15-1 as provided by Ordinance Igo. 2990 are dernied 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 tirnits of the City of
Caldwell,Idaho.
2 The cost of the improvements included curb, gutter, sidewalks, driveway approaches, and
asphalt paving. The improvements also included engineering, legal, bonding, interest and
administrative expenses.
(e)COST:
The assessment subtotal was $3 S,11 0.00 which inc Iuded$0.00 for City initiated construction. The
city paid 25% or $8,777.50 of property owner assessments as set forth in Section 2 of Ordinance
2990, the ordinance creating the district. Pre pays are $0.00 and 10% or$2,633.25 was added for
Legal Bonding and Administrative fees, leaving $28,965.75 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 $28,965,75. 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 N . 2990 passed respectively by the Council and Mayor on Februaty 1
2015. Each lot, parcel and tract of land shall be separately assessed for the cost of curd utter'
driveway and sidewalk improvements t each property s benefited as provided b Chap ter 17,
l� p
Title 50, Idaho Code, and the aforesaid costs shall be levied and collected in the manner and
method provided by law for the leery and collection of special assessments.
ents.
(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 sutra of 1,1 1 0,500.00 The total cost and expenses of the
improvements authorized and ordered by said Ordinance No. 2990 in the aforesaid Local
Improvement District are in the amount of$3 5,11 0.00 of which $8,777.50 was paid b the City,
and was r, y �'
$ pre paid by the participants, $2,633.25 was added for Legal Bonding and
Administrative fees leaving$28,965.75 to be paid by the participants of the District: The amount
of$28,965.75 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 he actually benefited by the improvemen t auth ri ed and ordered by Ordinance No. 2990.
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 Igo.
] -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 Doll, the
am unt of assessments listed therein, to-wit: Exhibit A,the A ss essment Doll for L.1.D. 1 -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 Igo. 15-1 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 days from the effective date of this ordinance the and if
the whole of said Assessments are not paid within said thirty clay period, such assessments
shall become delinquent and shall be collected in the salve manner and with the same penalties
and interest added thereto as hereinafter provided for delinquent assessments, provided however,
that all such asse sm ents, may, at the election of the property owner, be paid in installments.
Failure to pay the whole assessment within thirty o days from. the date of the adoption of this
ordinance shall be conclusively presumed and considered and held to be an election on the a.rt of
l
all persons interested, whether under disability or otherwise, to pay said assessments ill
installments. In such ease the unpaid assessments shall be payable to said City Treasurer in ten
10 substantially equal annual installments of principal and interest,the first instal lrnent of which
shall be due and payable on or before the January 19, 2017, 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 January
193 2016 at a rate of four and one-half percent (4.5%) per annum, payable annually at the
Office of the City Treasurer, the first annual payment of principal and interest being clue and
payable on the 1 `h day of January, 2017, and the remainder of said annual installments of
principal and interest being clue and payable successively each year thereafter. Any installment
not paid within twenty 2 days after-the installment is due shall be considered delinquent, and
two percent % 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 pre urned that he
will pay in installments, and before the Local Improvement District is bonded, such payment in
full shall include the fill amount of the unpaid assessment plus penalties, plus the current y ear's
interim interest of 7 V2% and plus one yeat's additional interest at 7 2%. After bonding, the
payment shall include the full amount of the unpaid assessment plus penalties, plus the current
year's interest and phis 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 moil. An affidavit of the inailing of notice shall be filed
before the date of delinquency in the Office of the Treasurer in the file of the improvement
ement
district, as provided in Section -1716, Idaho Code. Subsequent notices of payment may list
only current installments due.
Section 8. The eonfitniation of said Assessment Roll herein made is a final determination of the
regularity, validity and correctness of said Assessment boll, of each assessment contained therein
and the amount levied on each lot, parcel and tract of r al property, subject to the appeal of any
person who filed objections to the said Assessment Doll at or prior- to the hearing on the salve,
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 o days from the date of publication of this ordinance. No suit to set
aside any assessments so tirade, 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 confirtrration as
herein provided.
Section 9. All proceedings heretofore had in connection with the creation of said District, the
preparation and adoption of said Assessment loll, the hearing held thereon, and the giving of the
notice of said hearing of said Assessment Doll are hereby in all respects ratified, approved and
confirmed.
Section 10. All bylaws, resolutions and ordinances or pants 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 unenforeeability of such section,
paragraph, clause or provision shall in no 1nanner affect any remaining portions f this ordinance.
Section 12. This ordinance shall become effective upon its passage on the 191' day of January
2016.
PASSED BY THE CITY COUNCIL of the City of Caldwell, Idaho, this 191h day of January
2016.
APPROWD BY THE MAYOR.of the City of Caldwell, Idaho,this 19`x'day of January 2016.
Z-4, ?r-(: ,4,
(Mayor)
_ •1r
ATTEST: �%
� • • n
City Clerk +-. ' '�� �,` X41
##
EXHIBIT"A'!
ASSESSMENT ROLL
LOCAL IMPROVEMENT T DISTRICT NO. 15-1
Page:1
PROPERTY PROPERTY PROPERTY L.I.D.
NO. OWNER ADDRESS DESCRIPTION AMOUNT
1 Dwight[Napier 2303 Independence St 23AN-3W NW TAX 51-8 IN SENWNW $ 2,689.09
2303 Independence St Caldwell,ID 83605
Caldwell,ID 83605
2 Juan Melchor 8015 S.Illinois Ave. 34-4N-3W E MOUNTAIN VIEW SUB#2 TIC 96346 $ 2,790.98
3015 S.Illinois Ave. Caldwell,ID 83605 IN BLK 7
Caldwell,ID 83605
3 Joe Scolet 122 Mead St. 28-4N-3W NE FAIR ACMES ADD TX 15033 IN BLK 1,328.87
122 Mead St. Caldwell,ID 83605 1
Caldwell,ID 83605
4 Jose Melchor 309 Denver St. 22-4N-3W NW GOLDEN GATE ADD LT 4-8 1NC 2,347.1
309 Denver St. Caldwell,ID 83605 BLK 7
Caldwell,ID 68666
5 falter Albert 1415 Ellis Ave. 28-4N-3W NE ARLINGTON ADD CA TAX 95623 IN 3,647.12
14277 Moreno Dr. Caldwell,ID 83605 LTS 7&8 BLK 10
Caldwell,ID 83605
Colleen Kinney 2220 Parker Ave. 28-4 -3 W SE PIONEER SUB TALC 95399 IN BLK $ 2,638.35
2220 Parker Ave. Caldwell,1D 83605 33
Caldwell,ID 83605
7 Lea Messer 2320 S.Michigan Ave. 27-4N-3W SE COLLEGE HEIGHTS ADD TX 4 OF $ 6,478.93
2,320 S.Michigan Ave. Caldwell,ID 63605 BLK 15
Caldwell,ID 63605
8 Conalo Alono 823 Elgin St. 22-4N-3W NW GOLDEN GATE ADD LOS'S 11 &12 2,915.34
523 Elgin St. Caldwell,ID 83605 BLIP 14 1989 ROYAL OAK 28X67 VIN
Caldwell,ID 83695 C }RR F 79B 7587 TITLE 0381188 RECORDED
DED
SID 5126110 1N T 2010623260
Robert Larson 1510 Everett St. 27-4N-3W NW WASHINGTON HEIGHTS LOTS 4- 2,676.01
P.O.Box 1540 Caldwell,ID 63605 61N ,BLK 35 Caldwell Steunenberg Fees Hist Dist
Caldwell,ID 83606
10 Harvey Eliot 3220 S.Illinois Ave. 34-4N-3W 1 NE SPRUCE ADD#1 LT 8 $ 1,060.54
3220 S.Illinois Ave. Caldwell,1D 83605
Caldwell,ID 83605
11 Christie Hunt 1320 Teton Ave_ 14-4N-3W SW TERRACE ADD#2 N 45.6'OF LT $ 191.40
1320 Teton Ave- Caldwell,ID 83605 19&S 22.2l'OF LT 20 BLK'I
Caldwell,ID 83605
Total 28,965.76