HomeMy Public PortalAboutOrd. 636 - LID #3 Approving Assessment Roll SMRR
ORDINANCE NO. 636
AN ORDINANCE OF THE CITY OF MCCALL, IDAHO, APPROVING AND CONFIRMING
THE ASSESSMENT ROLL OF LOCAL IMPROVEMENT DISTRICT NO. 3; LEVYING
ASSESSMENTS AGAINST THE PROPERTY SHOWN ON THE ASSESSMENT ROLL;
PROVIDING FOR THE PAYMENT OF ASSESSMENTS IN INSTALLMENTS; AND
PROVIDING FOR OTHER MATTERS RELATING TO THE CONFIRMATION OF LOCAL
IMPROVEMENT DISTRICT ASSESSMENTS FOR LOCAL IMPROVEMENT DISTRICT
NO. 3
WHEREAS, the City of McCall,
"City"), is a municipal corporation
authorized by Chapter 17, Title 50,
improvement districts within the City
to levy the cost of the same against
included therein; and
Valley County, Idaho (the
of the State of Idaho and is
Idaho Code, to create local
, to acquire improvements, and
the lots and parcels of land
WHEREAS, the City, by Ordinance No. 630, adopted by the City
Council (the "Council") on May 13, 1993, duly created Local
Improvement District No. 3 ("L.I.D. No. 3") for the purpose of
acquiring certain public improvements; and
WHEREAS, in accordance with the provisions of Section 50-1712,
Idaho Code, the Council has received a duly certified Engineer's
Report showing in detail the total cost and expenses of L.I.D. No.
3 and the amounts payable from assessments, and containing a
preliminary assessment roll; and
WHEREAS, notice of time and place of hearing on the final
assessment roll was duly and regularly given by publication thereof
and by mailing to the owner of property subject to assessment
within L.I.D. No. 3 within the time and in the manner required by
law, and the hearing was duly and regularly held, pursuant to such
notice, at the time and place fixed for said hearing, on July 8,
1993; and
WHEREAS, at said hearing the Council considered all protests
and objections to the assessment roll and all evidence presented,
and the Council now desires to confirm the assessment roll, to
provide for the levy and collection of assessments, and to provide
for the payment of assessments in installments; and
WHEREAS, Section 50-1711, Idaho Code, provides that no
municipality shall order any improvements to be paid for by local
assessment where the estimated costs of the improvement shall
exceed the actual value of the real property subject to assessment,
including the value of the improvements thereon, and further
provides that the council shall, by ordinance, provide the method
of determining the actual value of real property, including the
improvements thereon, in a local improvement district, which
valuation shall be final and determinative in the absence of fraud
or gross mistake; and
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WHEREAS, the Council now desires to establish the method of
determining the actual value of the assessable real property within
L.I.D. No. 3 for the purpose of compliance with Section 50-1711,
Idaho Code.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF MCCALL, IDAHO, as follows:
Section 1: FINDINGS
The Council hereby finds and determines that each lot, tract,
parcel, and other property included within L.I.D. No. 3 will be
specially benefited by the improvements within L.I.D. No. 3, as
specified in the Resolution of Intention heretofore adopted and by
the ordinance creating L.I.D. No. 3, the same being Ordinance
No. 630, adopted on May 13, 1993.
Section 2: CONFIRMATION OF ASSESSMENT ROLL
The Assessment Roll and the assessments contained therein for
L.I.D. No. 3, a copy of which Assessment Roll as finally approved
by the Council is annexed hereto as Exhibit "A" and by reference
made a part hereof, are hereby approved and confirmed in all
respects. No single assessment has been increased in an amount
greater than twenty percent (20%) of the amount of the assessment
as set forth in the Notice of Hearing.
Section 3: PROPERTY AFFECTED; LEVY OF ASSESSMENTS
Except to the extent reflected in the final Assessment Roll,
as adopted by this Ordinance, all protests against the Assessment
Roll are hereby overruled. Each lot, tract, parcel, or other
property shown upon said Assessment Roll is hereby found to be
benefited to the amount of the assessment levied thereon; and there
is hereby levied and assessed against each lot, tract, parcel of
land, and other property, as set forth and described in said
Assessment Roll, the amount set forth against each such lot, tract,
parcel of land, and other property as it appears on said Assessment
Roll.
Section 4: CERTIFICATION OF ASSESSMENT ROLL;
LIEN OF ASSESSMENTS
Immediately upon the passage of this Ordinance, the City Clerk
shall certify and file the conformed Assessment Roll with the City
Treasurer and shall file with the Recorder of Valley County, Idaho,
a notice which shall contain the date of adoption of this Ordinance
and a description of the boundaries of L.I.D. No. 3. The
Assessment Roll and the assessments made by this Ordinance shall be
a lien upon the property assessed from and after the date of
recording of such notice. The City Treasurer shall also,
immediately upon passage of this Ordinance, mail a notice to the
owner of each lot, tract, parcel, or other property assessed at his
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post office address, if known, or, if unknown, to the post office
at McCall, Idaho, stating the total amount of his assessment plus
the substance of the terms of payment of the same as set forth in
this Ordinance. An affidavit of mailing the foregoing notice shall
be filed in the office of the City Treasurer.
Section 5: DUE DATE OF ASSESSMENTS; PAYMENT
IN INSTALLMENTS
Said assessments shall become due and payable to the City
Treasurer within thirty (30) days from the date of adoption of this
Ordinance. Any property owner who has not paid his or her
assessment in full within said thirty (30) day period, and any
property owner who shall file a written waiver of the thirty -day
prepayment period with the City, shall be conclusively presumed to
have chosen to pay the same in twenty (20) annual installments, the
first of which shall become due and payable one (1) year from the
date of adoption of this Ordinance, with a like payment due on the
same day of each year thereafter until the full amount of the
assessment, with interest due thereon, shall be paid in full.
Assessments paid in installments shall bear interest on the whole
unpaid sum from the date of adoption of this Ordinance. The rate
of interest such installments shall bear is hereby fixed as the
rate of interest on the L.I.D. No. 3 Bonds, plus two percent (2.0%)
of the principal and interest installment due. If any installment
is not paid within twenty (20) days from its due date, the same
shall become delinquent, and the City Treasurer shall add a penalty
of two percent (2%) thereon. Installments may be prepaid in the
manner provided by Section 50-1715, Idaho Code.
For the purpose of securing the payment of and interest on
local improvement bonds issued for L.I.D. No. 3, it is the intent
of the Council to create a reserve fund in an amount equalling not
more than ten percent (10%) of the principal amount of the bonds to
be issued to fund that portion of the assessments not paid within
the thirty -day prepayment period, in accordance with Section
50-1771, Idaho Code. The proportionate cost of the reserve fund
shall be included in the assessment upon each property in L.I.D.
No. 3; however, such cost shall be deducted from the assessment of
any property whose owner has paid his or her assessment in full
within thirty (30) days from the date of adoption of this
Ordinance. If a lesser reserve fund is required because of
assessments paid within the thirty -day prepayment period, the City
may proportionately reduce the assessments paid in installments.
Section 6: INSTALLMENT DOCKET
The City Treasurer shall, upon passage of this Ordinance,
establish a Local Improvement Installment Docket for L.I.D. No. 3
as provided in Section 50-1717, Idaho Code.
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Section 7: APPEAL PROCEDURE
The confirmation of the Assessment Roll for L.I.D. No. 3
herein made is a final determination of the regularity, validity,
and correctness of said Assessment Roll, of each assessment
contained therein, and of the amount levied on each lot or parcel
of land or other property within L.I.D. No. 3, subject to the right
of appeal as set forth in Idaho Code Section 50-1718. Appeal may
be made by filing within thirty (30) days from the date of
publication of this Ordinance written notice of appeal with the
City Clerk and with the Clerk of the District Court of Valley
County in the manner provided by Section 50-1718, Idaho Code. Any
property owner may waive the right to appeal within the 30-day
appeal period by filing a written waiver with the City. After said
thirty (30) day appeal period has run, no one shall have any cause
or right of action to contest the legality, formality, or
regularity of any assessment.
Section 8: ACQUISITION FUND
There is hereby created a special fund or account, separate
from any other funds of the City, to be known as the "City of
McCall Local Improvement District No. 3 Project Acquisition Fund"
or other appropriate designation (the "Acquisition Fund") which
shall be maintained by the City Treasurer and into which shall be
deposited all assessments paid within the thirty (30) day period
referred to in Section 5 of this Ordinance, together with the
proceeds of any bonds or warrants thereafter issued by the City
representing the unpaid assessments within L.I.D. No. 3. The
Acquisition Fund shall be used for no purpose other than the
acquisition of completed public improvements within L.I.D. No. 3 as
set forth in Ordinance No. 630, adopted on May 13, 1993, and in the
Acquisition Agreement approved by the Council by adoption of
Resolution No. 11-93 on May 13, 1993. Monies in the Acquisition
Fund may be invested in lawful investments until needed for the
acquisition of improvements. Investment earnings shall be credited
to the Acquisition Fund. Any monies remaining in the Acquisition
Fund after completion of the acquisition project for which L.I.D.
No. 3 was created shall be transferred to the bond fund hereafter
created for L.I.D. No. 3, and the Acquisition Fund shall be closed.
Section 9: DETERMINATION OF VALUE OF PROPERTY SUBJECT TO
ASSESSMENT
The provisions of Section 1 of Ordinance No. 630, adopted on
May 13, 1993, notwithstanding, the method of determining the actual
value of the real property subject to assessments within L.I.D.
No. 3, including improvements thereon, shall be by appraisal report
to be submitted jointly by Brad Janoush, M.A.I., of Boise, Idaho,
and Economic Research Associates, of San Francisco, California, or
by such other qualified appraiser as shall be approved by the
Council. Unless such appraisal report establishes to the
satisfaction of the Council that the actual value of the real
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property subject to assessment within L.I.D. No. 3 exceeds the cost
of the improvements within L.I.D. No. 3 as provided by Section
50-1711, Idaho Code, payment for acquisition of the improvements
within L.I.D. No. 3 shall not be ordered.
Section 10: RATIFICATION OF PROCEEDINGS
A11 proceedings heretofore had in connection with the creation
of L.I.D. No. 3, the preparation and adoption of said Assessment
Roll, the hearing thereon, and the giving of notice of said hearing
on said Assessment Roll, are hereby in all respects ratified,
approved, and confirmed.
Section 11: SEVERABILITY
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 each section,
paragraph, clause, or provision shall in no manner affect any
remaining provision of this Ordinance.
Section 12: PUBLICATION AND EFFECTIVE DATE
This Ordinance, or a summary thereof in conformance with
Section 50-901A, Idaho Code, shall be published in one (1) issue of
the official newspaper of the City, and shall take effect
immediately upon its passage, approval, and publication.
DATED this 8th day of July, 1993.
CITY OF MCCALL
Valley County, Idaho
By
ATTEST:
( S E A L )
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EXHIBIT "A"
ASSESSMENT ROLL
official seal of the Cit
(Seal of the City)
STATE OF IDAHO )
COUNTY OF VALLEY)
CERTIFICATE OF RECORDING OFFICER
ss
I, the undersigned, the duly appointed, qualified, City Clerk of
McCall City, Idaho, do hereby certify the following:
1. That pursuant to the provisions of Section 50-207, Idaho
Code, I keep a correct journal of the proceedings of the Council of
McCall City, Idaho, and that I am the statutory custodian of all laws,
ordinances and resolutions of said City.
2. That the attached Ordinance No. ; 3Co is a true and correct
copy of an ordinance passed at a regular meeting of the Council of
McCall City held on 2 , 19 and duly recorded in my
office; and (f �-
3. That said regular meeting was duly convened and held in all
respects in accordance with law and to the extent required by law, due
and proper notice of such meeting having been given; that a legal
quorum was present throughout the meeting and that a legally
sufficient number of members of the Council of McCall City voted in
the proper manner and for the passage of said ordinance; and that all
other requirements and proceedings incident to the proper adoption and
passage of said ordinance have been duly fulfilled, carried out and
observed; and that I am authorized to execute this certificate.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
of McCall, Idaho, this day of
Arthur J chmidt, City Clerk