HomeMy WebLinkAboutORD 3353ma►"iM
2021-047997
RECORDED
07/07/2021 02:41 PM
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CHRIS YAMAMOTO
CANYON COUNTY RECORDER
Pgs=3 LBERG NO FEE
ORDINANCE
CITY OF CALDWELL
Canyon County
Recorder's Office ago 53O
Document
Cover Sheet
BILL NO. 34
ORDINANCE NO. 3353
AN ORDINANCE OF THE CITY OF CALDWELL, IDAHO, REPEALING BILL NO. 349
ORDINANCE NO. 3226, WHICH INITIATED LOCAL IMPROVEMENT DISTRICT NO.
19-2; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY;
AND REPEALING ALL ORDINANCE AND PARTS IN CONFLICT HEREWITH.
WHEREAS, the City of Caldwell regularly utilizes local improvement districts, as
authorized by Idaho Code Title 50, Chapter 7, to accomplish improvements within the City of
Caldwell; and,
WHEREAS, the City of Caldwell regularly utilizes Title 50, Chapter 7, to accomplish
sewer improvements; and,
WHEREAS, the City adopted Bill No. 34, Ordinance No. 3226, for the purpose of
facilitating a sewer improvement on Amber Street in Caldwell, for the benefit of 3618 S. 10`h Ave,
Caldwell, ID 83605 (the "Property"); and,
WHEREAS, by Bill No. 34, Ordinance No. 3226, the City created LID 19-2; and,
WHEREAS, the City and Property owner determined that the sewer improvements would
be accomplished by a method other than by utilizing LID 19-2; and,
WHEREAS, no improvements were undertaken pursuant to LID 19-2; and,
WHEREAS, as no improvements were undertaken pursuant to LID 19-2, therefore, no
assessment will be made against the Property pursuant to LID 19-2; and,
WHEREAS, the City desires to record an official revocation of Bill No. 34, Ordinance No.
3226, and, consequently, LID 19-2, to provide clarity to future owners of the Property and other
individuals that LID 19-2 is not a present obligation on the Property, nor will it result in future
assessments.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF CALDWELL, IDAHO:
Section 1. That Bill No. 24, Ordinance No. 3226, is hereby repealed, and, consequently, LID
19-2 is hereby terminated.
Section 2. No improvements were constructed pursuant to LID 19-2, and, therefore, no
assessment shall be made against the Property on the basis of LID 19-2.
Section 3. The effect of this Ordinance shall not modify any right or obligation of the Property,
other than those rights and obligations related to LID 19-2.
Section 4. This ordinance shall take effect and be enforced upon its passage, approval,
publication, and recordation with the Office of the Canyon County Recorder, according to law.
Section 5. This ordinance is hereby declared to be severable, and if any part or portion hereof
is declared to be unlawful by any court of competent jurisdiction, the remainder of this ordinance
shall remain in full force and effect and shall be interpreted to carry out the intent of the City of
Caldwell, as set forth herein.
Section 6. All prior ordinances and parts thereof that are in conflict herewith are hereby
repealed and replaced and shall be of no force or effect.
PASSED BY THE COUNCIL of the City of Caldwell, this V*%day of , 2021.
APPROVED BY THE MAYOR of the City of Caldwell, this day of,
2021.
ATTEST:
APPROVED
By:
Garret Nancolas, Mayor
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ORDINANCES OF THE CITY OF CALDWELL
NOTICE OF ADOPTION AND SUMMARY OF
ORDINANCE NO. 3353
AN ORDINANCE OF THE CITY OF CALDWELL, IDAHO, REPEALING BILL NO. 34,
ORDINANCE NO. 3226, WHICH INITIATED LOCAL IMPROVEMENT DISTRICT NO. 19-2;
PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND
REPEALING ALL ORDINANCE AND PARTS IN CONFLICT HEREWITH.
Section 1: Repeals Bill No. 24, Ordinance No. 3226 and terminates LID 19-2
Section 2: States that no improvements were constructed pursuant to LID 19-2, and, therefore, no
assessment shall be made against properties pursuant to LID 19-2.
Section 3: States that no other property rights are obligations are modified by this ordinance.
Sections 4 through 6: Provides that this ordinance shall be in full force and effect from and after its
passage, approval, and publication, according to law; provides for severability; repeals conflicting
ordinances, resolutions, and orders.
Ordinance No. 3353 provides an effective date, which shall be on the 13"i day of July, 2021. Ordinance No.
3353 was passed by the Council and approved by the Mayor on the 6" day of July, 2021. The full text of
the Ordinance is available at Caldwell City Hall, 411 Blaine Street, Caldwell, Idaho 83605. The Mayor and
City Council approved the foregoing summary on the 6"i day of July, 2021, for publication on the 13"' day
of July, 2021, pursuant to Idaho Code § 50-901 A.
Mayor Garret Nancolas
ATTEST: Debbie Geyer, City Clerk
STATEMENT OF LEGAL ADVISOR
1 have reviewed the foregoing summary and believe
that it provides a true and complete summary of
Ordinanc 53 and provides adequate notice to
lk-ju-blic as to the c ntents of such ordinance.
DAT this 7"' of July, 2021.
Douglas an, Attor City of Caldwell