HomeMy WebLinkAboutORD 3327Canyon County
Recorder's Office
Document
Cover Sheet
2021-015741
RECORDED
03104/2021 09:20 AM
1111111111111111111111111111111111111111111111111
00592916202100157410070077
CHRIS YAMAMOTO
CANYON COUNTY RECORDoERE
Pgs=7 LBERG
ORDINANCE
CITY OF CALMNELL
BILL NO.7
ORDINANCE NO. 3327
AN ORDINANCE MAKING CERTAIN FINDINGS IN CONNECTION WITH LOCAL
IMPROVEMENT DISTRICT (L.I.D.) 19-1 FOR THE CITY OF CALDWELL, IDAHO,
INCLUDING THE NAMING OF SAID DISTRICT, THE CREATION OF SAID
DISTRICT, THE HEARING OF PROTESTS AND THE FINDINGS MAKE
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
IMPROVEMENTS 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 THERON AND THE NOTICE OF SAID
HEARING AS TO SAID LOCAL IMPROVEMENT DISTRICT; PROVIDING
SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, in accordance with the provisions of Idaho Code § 50-1712, the City Engineer of
the City of Caldwell, Idaho (further known as City Engineer), filed and certified to the Mayor
and City Council of the City of Caldwell, Idaho (further known as City Council), the Assessment
Roll for L.I.D. No. 19-1 on February 1, 2021, at its Regular Meeting and the Mayor and City
Council, Idaho, established the time and place it would hear objections to said Assessment Roll,
the assessments contained herein, and the regularity of the proceedings taken in making said
Assessments;
WHEREAS, said Assessment Roll having been filed in the office of the City Clerk of the City
of Caldwell, Idaho (further known as City Clerk), and the City Clerk having given notice,
published and mailed to property owners within said L.I.D. in accordance with the provisions of
Idaho Code § 50-1713, of the time and place the Mayor and City Council, would hear and
consider objections to said Assessment Roll. In accordance with Idaho Code § 50-1714, the
Mayor and City Council did hold the scheduled hearing on March 1, 2021, and the Mayor and
City Council, having heard all objections to said Assessment Roll, and having considered the
City Engineer's Report, did adopt said Assessment Roll as indicated thereon.
WHEREAS, the Mayor and the City Council now desire to pass and approved an Ordinance
levying said Assessments, confirming said Assessment Roll and making certain findings in
connection with said L.I.D. No. 19-1, all in accordance with Idaho Code § 50-1715.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of
Caldwell, Idaho:
Section 1. The L.I.D. No. 19-1 mentioned in the premises of the Ordinance is hereby named and
shall thereafter be known as "Local Improvement District No. 19-1 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.
Section 2. On March 1, 2021, the Mayor and City Council held a hearing, the notices (both
publication and mailing to property owners) of said hearing as given by the City 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 interested of both the property affected
and the City of Caldwell, and that there was a 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 L.I.D. assessments, excluding
interest and penalties against said property. Said actual value is set forth for the property in the
said L.I.D. in Section 4, Subsection D — VALUE OF PROPERTY hereafter shown.
Section 4. The property to be assessed and the improvements made within said L.I.D. No. 19-1
as provided by Ordinance No. 3210 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 general character of the improvements for this District included curb, gutter, sidewalks,
driveway approaches, and asphalt paving. The improvements also included engineering, legal,
bonding, interest, and administrative expenses.
(C) Cost:
The assessment subtotal was $112,977.38, which included $9,240.70 for City -initiated
construction. As set forth in Section 4 of Ordinance 3210 the City paid twenty five percent
(25%), equaling $25,934.17, of property owner assessments and ten percent (10%), equaling
$7,826.95, was added for Legal Bonding and Administrative fees. The total for the Assessment
Roll, the amount to be paid by the Participants of the District, including the costs for legal
services, advertising, printing, bonding, and administration fees is $86,096.46. 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 5 of Ordinance 3210 passed respectively by the Mayor and
City Council on May 6, 2019. Each lot, parcel, and tract of land shall be separately assessed for
the cost of curb, gutter, driveway, and sidewalk improvements for each property so benefitted as
provided in Idaho Code, Title 50, Chapter 17, 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 City Council finds and declares that the value of the property within the said L.I.D. is not
less than the sum of $5,085,700.00. The total cost and expenses of the improvements authorized
and ordered by said Ordinance No. 3210 in the aforesaid L.I.D. are in the amount of
$112,977.38, of which $9,240.70 was City -initiated construction, $25,934.17 was paid as the
City's portion of the assessments, and $7,826.95 was added for legal and administrative fees. A
total of $86,096.46 is left to be paid by the participants of the District, which shall be paid
entirely from the proceeds of the assessments hereinafter levied. Therefore, it is 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 benefitted by the above described improvements and in the District and that no such
real property is assessed in a greater amount than it will be actually benefitted by the
improvements authorized and ordered by Ordinance No. 3210.
Section 5. The Mayor and City Council hereby confirm the Assessment Roll certified and filed
with the City Clerk for the L.I.D. No. 19-1 for the City of Caldwell, Idaho, and herby order the
levy of the assessments shown in said amount of assessments listed therein, to -wit: see Exhibit
A, the Assessment Roll for L.I.D. 19-1.
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 L.I.D. No. 19-1 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 collected in the same manner and with the same penalties 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 assessment in installments. In such
a case the unpaid assessments shall be payable to said City Treasurer in ten (10) substantially
equal annual installments of principal and interest, of which the first installment shall be due and
payable on or before March 1, 2022. The remainder of said installments shall be due and payable
at the Office of the City Treasurer successively each year thereafter until paid in full, with
interest, in all cases, on the unpaid and deferred installments of principal computed from March
1, 2021 at a rate of four and one-half percent (4.5%) per annum. Any installments 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 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 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 they will pay in installments, but
before the L.I.D. 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 seven and one-half percent
(7.5%) and plus one (1) year's additional interest at seven and one-half percent (7.5%). After
bonding, the payment shall include the full amount of the unpaid assessment plus penalties, plus
the current year's interest and plus one (1) 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 their 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
their assessment, plus the substance of the terms of payment 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 Idaho Code § 50-1716. 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 contacted
therein and the amount levied on each 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 Idaho Code § 50-1718, may be filing a written notice of appeal with the City
Clerk 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 their 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,
paragraph, clause, or provision shall in no manner affect any remaining portions of this
Ordinance.
Section 12. This Ordinance shall be in full force and effect from and after its passage, approval,
and publication, according to law.
PASSED BY THE COUNCIL of the City this 1 s` day of March, 2021.
APPROVED BY THE MAYOR of the City this I" day of March, 2021.
MAYOR GARRET NANCOLAS
ATTEST:••%.pF ...... %,
G`S. ooh o'es .,• n� ,
„2 Tia f
City Clerk
]AN 15 t
�.
. 001890o go
M
EXHIBIT "A"
ASSESSMENT ROLL
LOCAL IMPROVEMENTS DISTRICT NO. 19-1- MISCELLANEOUS CONCRETE
PROPERTY
PROPERTY
PROPERTY
L.I.D.
PROPERTY
NO,
OWNER
ADDRESS
DESCRIPTION
AMOUNT
VALUE
1
Vincent Curtis, Jennifer Curtis
$ 3,222.06
$ 165,000.00
1311 Rimview Dr.
1311 Rimview Dr.
15 -4N -3W SE CANYON HILL ADD NO 2 LT 8
Caldwell, ID 83605
Caldwell, ID 83605
BLK 4
2
Jason Romey
$ 2,276.30
$ 134,000.00
1421 Savannah St.
1421 Savannah St.
Caldwell, ID 83605
Caldwell, ID 83605
15 -4N -3W NE TX 119 IN E 1/2 SWNWNE
3
Amy Valadez
$ 1,973.19
$ 343,100.00
13438 Bloomfield Dr.
13438 Bloomfield Dr.
14 -3N -3W NE CEDAR CROSSING 1 LT 22 BLK
Caldwell, ID 83605
Caldwell, ID 83605
1
4
Daniela Okrakel, Stanley Okrakel
$ 7,724.99
$ 174,000.00
103 Chapel Dr.
103 Chapel Dr.
33 -4N -3W NE CHURCH SUB LT 2 LESS TXS
Caldwell, ID 83605
Caldwell, ID 83605
BLK 1
5
Megan Dixon, Scott Knickerbocker
27 -4N -3W NE WASHINGTON HEIGHTS LOTS
$ 1,575.13
$ 187,000.00
1713 Dearborn St.
1713 Dearborn St.
16-18 INC VLK 19 Caldwell Steunberg Res His
Caldwell, ID 83605
Caldwell, ID 83605
Dist
6
Ryan Combe
$ 1,133.76
$ 133,500.00
812 Fillmore St.
812 Fillmore St.
27 -4N -3W NW GOAN DU ADD LOTS 7&8 BLK
Caldwell, ID 83605
Caldwell, ID 83605
104
7
Ashley Snively, Zachary Snively
$ 2,095.19
$ 184,400.00
2021 Terrace Dr.
2021 Terrace Dr.
15 -4N -3W SE TX 15388 IN N 1/2 N 1/2
Caldwell, ID 83605
Caldwell, ID 83605
NENESE
8
David Petertson
$ 5,883.69
$ 180,100.00
824 Fillmore St.
824 Fillmore St.
27 -4N -3W NW GOANDU ADD LOTS 11&12
Caldwell, ID 83605
Caldwell, ID 83605
BLK 104
9
Rogelio Villasenor, Etelvina Villasenor
$ 3,135.87
$ 198,400.00
2717 Iowa Ave.
2717 Iowa Ave.
34 -4N -3W NE MOUNTAIN VIEW ADD TAX 5
Caldwell, ID 83605
Caldwell, ID 83605
BLK 91
10
Yaquelin Ramires Gomez
$ 6,051.66
$ 118,700.00
417 N. 6th Ave.
417 N. 6th Ave.
22 -4N -3W NW GOLDEN GATE ADD LTS 13 &
Caldwell, ID 83605
Caldwell, ID 83605
14 BLK 38 G GATE FRACTION LT 13 BLK 38
ORIG 1984 BROOKFIELD 24 X 49 BROOKFIELD
RECORDED SID 6/15/04 INST# 200431844
11
Limitless Holdings, LLC
$ 5,055.74
$ 54,900.00
P.O. Box 1049
901 Elgin St.
22-4N-3W SE CALDWELL ORIGINAL LOTS 1-3
Middleton, ID 83644
Caldwell, ID 83605
INC. BLK 53
12
Heritage Holiness Chapel Inc.
$ 11,368.58'
$ 85,200.00
3020 Arlington Ave.
220 N. 6th Ave.
22-4N-3W SW CALDWELL ORIGINAL LT 23 &
Caldwell, ID 83605
Caldwell, ID 83605
24„ 1/2 ADJ VAC ALLEY ALL IN BLK 67
13
Kade Eiguren
$ 1,175.21
$ 167,000.00
3775 S. Montana Ave.
3775 S. Montana Ave.
34-4N-3W SE MONTANA MANOR SUB LOT 1
Caldwell, ID 83605
Caldwell, ID 83605
BLK 1
14
Pat D Moss -
$ 1,952.51
$ 173,800.00
516 Fillmore St.
516 Fillmore St.
21-4N-3W SE STRAHORN ADD LOTS 7-9 INC
Caldwell, ID 83605
Caldwell, ID 83605
BLK 129
15
Andrew Evans
$ 1,256.81
$ 31,000.00
6100 E. Victory Dr.
717 E. Elgin St.
22-4N-3W NE DEVERS ADD TX 19678 IN LTS
Nampa, ID 83687
Caldwell, ID 83605
15-17 BLK 78 T71062
16
Nancy Roe
$ 4,234.68
$ 33,600.00
22678 Notus Rd.
609 N. Kimball Ave.
22-4N-3W NE DEVERS ADD LTS 13-15 BILK 78
Caldwell, ID 83605
Caldwell, ID 83605
LS TX 19678 T71062
17
Joel S Garcia Sr, Silvia 5 Garcia
$ 4,348.18
$ 115,800.00
502 Fillmore St.
411 Harrison St.
21-4N-3W SE STRAGHORN ADD LOTS 18-20
Caldwell, ID 83605
Caldwell, ID 83605
INC BILK 134
18
Cleveland Square Limited Partnership
$ 21,632.90
$ 2,606,200.00
P.O. Box 1158
808 Cleveland Blvd.
22-4N-3W SW CLEVELAND SQUARE UNIT 2 &
Boise, ID 83701
Caldwell, ID 83605
70.72% INT IN COMMON AREA
Total
$ 86,096.46