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Home My WebLink AboutORD 3032 2016-002461 i RECORDED 01121/2016 02:02 PM 00210412201600024610060066 CHRIS YAMAM T CAN1N COUNTY RECORDER Pgs=6 BRAY NO FEE ORDINANCE CITY OF CALDWELL WILD N . 6 ORDINANCE NO. 3032 AN ORDINANCE MAKING CERTAIN FINDINGS IN CON LOCAL IMPROVEMENT CONNECTION '�ITII l T DISTRICT 1 . 1 - FOR THE CITY OF CALDWE LL, ID H09 INCLUDING THE NAMING OF SAID DISTRICT THE CREATION OF SAID DISTRICT, THE HEARING OF PROTEST'S AND THE FIENDINGS MADE THEREAFTER IN CONNECTION THEREWITH; PROVIDING DETERMINING � �� MEANS G 'THL� VALUE F REAL PROPERTY IN SAID DISTRICT; SETTIIG OUT THE IMPROVEMENTS EMENTS MADE, THE PROPERTY AFFECTED AND THE BENEFITS TO BE RECEIVED By THE PR WITHIN SAID L PERT ASSESSED KCAL IMPROVEMENT DISTRICT; ASSESSMENT ROLL FOR SAID DISTRICT LEVYING THE ASSESSMENT CONTAINED ED T HEREIN, PROVIDING FOR THE PAYMENT AND NOTICE OFSA11D ASSESSNMNTS, AND PROVIDING FOR T14E FINALITY OF THE DETERMINATION�IIN 'TI OF THE 'VALIDITY, AND CORRECTNESS OF SAID ASSESSMENT RATIFYING THE PROCEED ALL; PROCEEDINGS TAKEN IN CONNECTION ECTI N WITH THE CREATION, PREPARATION AND ADOPTION OF THE ASSESSMENT ROLL,TTI HEARING HELD THEREON AND THE NOTICE OF SAID HEARING A SAID LPL IMPROVEMENT � T NT DISTRICT; PROVIDING SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, In accordance with the provisions of Section 50-1712, Idaho Cede, the City ngin er filed arid-certified to the Mayor and City uilcil f the City f Caldwell, Idaho, the Assessment Roll for Local Improvement District No. I4- on the • Jc�'!"n��rr ��, � � 1t Regular Meeting and the Mayor r and Clt r Council of the City of C �dwll, Idaho, establi shed shd the tir and lac e 1t w ld bear objections to Assessment Roll, the assessments con herein, and the;vgulari of the proceedings taken in making amed ng said A e sment - WHEREAS, said Assessment Roll having been filed in the office of the City Clerk of the City of Caldwell, Idaho, and the Clerk having given notice, published and mailed within 1d Leal p t the property owners Improvement District are accordance with the provisions of Section - Idah Cod , of the time and lase 1 1 , the Mayor and City Council f 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 Roll, the Mayor and City Council of Caldwell, Idaho held scheduled f tl�e City ed h arings on January 1 , 1 , and the Mayor and City Council of thc City of Caldwell, Idaho, having heard all objections to said Assessment Roll, and having considered the City Engincees Deport, did adopt said Assessment Doll as indicated thereon. WHEREAS, the Mayor and the City Council now desire to ass and rove 1 pp n Ordinance levying said Assessments, confirming said Assessment Roll and making certain findings in connection with said Local Improvement District No. 14-3. all in accordance with Section ect�on - 1715, Idaho Code. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City of Council Caldwell Idaho: the City f Section 1, The Local Improvement District No. 14-3 mentioned in the rem` ' uses � this Ordinance is hereby named and shall hereafter b premises known a Local Irr�pro�rerrYer�t District No. 14- for the City of Caldwell, Idaho", the organization of said District having initiated tiatcd b Resolution n adopted by an affirmative vote of a majority of the members of the Ci ty Council of the ' City of Caldwell, Idaho. Section 2. On J'anuai y 19,2016 the Mayor and City Council of the City of Caldwell, hearings, the notices Idaho, held (both publication and marling t property owners of said hearings as iven by the Clerk being hereby ratified and confirmed, to bear all protests against the proposed improvements and the creation of said District, that the District was in the best interest of both th property affected and the City f Caldwell and that there v e as resor�able probability that tlle obligations of the D istrlct would be paid. Section 3. The actual value of each parcel ofreal proper assessed herein having ' f�-oin ' bcY� provided the official records of the Assessor's Office of Canyon County, set forth in �� Section 4, Subsection "d" of this Ordinance, has been determined to exceed the cost of improvements improvements assessed herein, tog tlicr with all other outstanding and unpaid Local Improvement District assessments, excluding interest and penalties against said property. Said actual value is set fog tll for the property in the Local Improvement District in Section subsection ", " _ - d vI1UL OF PROPERTY hereafter shown. Section : The property to be assessed and the improvements made within said Local Improvelnent District Igo. 14-3 as provided by Ordinance Igo. 2957 are defined as f ollows. (a)BOUNDARIES: Lots 15 and 16-E of Hivy 'TX 1, 0026,E and RIW City Vieiv Tracts plat, on Couuty, Idaho, acoo�-dr`�� to t lads filed i�� o � �fit ,page 1-eco 'ds said Co linty and further described as Canyon County Account numbers 80069201 00 (b)IMPROVEMENTS: Tile improvements were in the following areas hi the City of Caldwell: 1 Andy Lane from Aviation way northward ending at the end of the Andy Lane right-of. way on the south side of parcel 800692011 0. 2 The cost of the improvements includes water mainline, fire drams and ' The improvements � asphalt paving. also included engineering, legal, bonding, interest and administrative expenses, (c) The assessment subtotal was $5,854.01. Pre pas are $0.00 and 10% or $585.40 was added for Legal Bonding and Administrative fees, leaving $6,439.41 to be aid b the Participants District. The total of the Assessment � rtic1pants f the ent Roll, including the costs for legal services, advertising, Printing, bonding, adm inistration and interest is$6,439.41. The ro ei�abuttin g the r rht of way adjac ent to the j mprovein ents wi ll be assessed the costs to be levies[ u pon and p against the property in accordance to a front foot and/or square foot method- of assessment. All costs shall be separately assessed to each property owner of lots, tracts, and arcels of land as p set forth rig Section 3 of Ordinance No. 2957 passed respectively by the Council and Mayor yoi on Debi tea 1 , 1 , Each lot, parcel and tract o land shall be separately assessed foil the e cost of the water mainline construction improvements to each Property so benefited as provided • Title 0 Idaho hod � e � Chapter l , Code, and the aforesaid costs shall be levied and collected in the manner and method provided by law for the levy and collection of special assessments. (d)VALUE OF PROPERTY: The Council finals and declares that the value of the property within the said Local Improvement District is not less than the sum of$ ,790.00 The total cost and expenses p of the improvements authorized and ordered by said Ordinance No. 2957 in the aforesaid Local Irrr �, are in the a�no��1�t f ,01 proveel]t Dist . $0.00 was pre paid y the participants, $585,40 was added for Legal Bonding and Administrative fees leaving $6,439.41 to he aid b the participants district. The amount of 49.4 p ' of�lYe 1 including costs for legal services, advertising, printing, bonding and interest is the amount which shall g g' be paid entirely from the proceeds of the assessments hereinafter levied. It is, therefore, expressly found and determined a ' after public hearing as aforesaid that each lot, tract or parcel of real ro er herein P p `t after assessed in said District is assessed iii the proportion that such lot,tract or parcel will be several 1� ly benefited by the above described improvements made its the District and that no such lot tract property is assessed in a tie act o2 parcel of i cal g ter amount than it will h actually benefited b the improvements authorized and ordered b Ordinance No. 2957. y Section 5. The Mayor and City Council of the City of Caldwell Idaho . � , hereby confirm the Assessment Roil certified and filed with the City Cleric for the Local Improvement IY Strrct 1o,l�- for tl�e City of Caldwell, Idalio, and hereby or der the levy of the assessments shown in said Roll and thereby levy against each lot, tract and parcel of real ro err she p � n in said moll, the amount of assessments listed therein,to-wit: see Exhibit A,the Assessment Roll for L Section 6. The City Clerk shall immediately file with the Cain on un ty 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. 14-3 f the City of Caldwell. Said Asscssment loll shall be filed with the City Treasurer, and the Assessments contained therein shall be immediate) ' due e 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 day period, such assessments shall become delinquent and shall be collected in the satire manner and with the saine penalties and interest added thereto as hereinafter r vided f r delinquent assessxents, provided however, that all such assessments, may, at the election of the property own r, be p aid in installments. Failure t pay the whole assessment within thirty days from the date f the adoption of this ordinance shall be conclusively presumed and considered and held to be an election on the art f all persons interested, whether under disability p . t otherwise, to pay sold assessments in installments. In such ease the unpaid assessments shall be payable to said City Treasurer its ten (10) substantially � y qu l annual installments of and interest,the first installment of which shall be flue and payable on or before the .lanuaty 19, 2017, and the remainder- of said installments shall be due and payable successively each year thereafter until p aid in full with interest, in all cases, on the unpaid and deferred installments of prinei al co uted from January p p 1% 2016 at a rate of four and one-half percent (4.5%) per annurn, p a y able annually at the Office of the City Treasurer, the first annual payment of principal and interest being due and payable on the 1 0 day Ja.nvai 1 y fir, , and the remainder of said annual installments of principal and interest being due and payable successively each year thereafter. An y installMent not paid within twenty 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 an other methods f collection ro i d in Idaho State Code y p , Title , the City Council may certify delinquent installments to the tax collector, and when so eedified the y shall be extended on the tax rolls and be collected as are pr petty taxes. In the event that any ro er owner should p p � choose to pay his assessment in full after such time as it has been conclusively p resumed that lie will pay in installments, and before the Local Improvement District is bonded such p a y ent in full shall include the full amount f the unpaid assessment plus penalties, plus the current ear' , 1� � � s interim interest of 7 '/2% 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 pre py nient. Section 7. Upon passage of the Assessment Roll, the City Treasurer shall mail postcard or later, to each property owner assessed p p p � , at his post ice address, if known, r if unknown, to the post office in the municipality where the improvement is being made, stating the total ain unt of his assessment, plus the substance of the terms of payments of the same as set out in the ordinance confirming the Assessment Roll. n affidavit f the mailin g 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 �f payment 1nay 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 propel, subject to the appeal of an 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 he 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 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 he brought lit nor any y 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 loll, 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 confi rived. Section 10, All bylaws,resolutions and ordinances or parts thereof in conflict with this ordinance are,to the extent of sLich 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 manner affect any remaining portions ofthls ordinance. Section 12. This ordinance shall become effective upon its passage on the 19t" day of January 2016. PASSED BY THE CITY COUNCIL of the City of Caldwell, Idaho, this 19"' day of January 2016. APPROVED BY THE MAYOR of the City of Caldwell, Idaho,this 19"'day of January 2 1 , (Mayor) ATTEST: • lb .•.... , . *41 • City Clerk B • • EXHIBIT"All PROPOSED ASSESSMENT ROLL LOCAL IMPROVEMENT DISTRICT NO. 14-3 DOMESTIC WATER L.I.D. PROPERTY PROPERTY PROPERTY .. _ :N:0. OWNER ADDRESS DESCRIPTION AMOUNT T 1 Micheal Larson o Andy Ln. (ROO69 011 o) 6-4 -3W I IE CITY VJEW TRACTS LTS 15& 6,439.4' 8624 Robinson Fed. Caldwell, ID 63605 16-E OF H IfY 1-64 LS TIC 1,06265&RNV Kuna, ID 63634 Total this Page= 69439.41