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HomeMy Public PortalAboutOrd. 720 - LID #4 AssessmentsORDINANCE NO. 720 AN ORDINANCE OF THE CITY OF McCALL, IDAHO, APPROVING AND CONFIRMING THE ASSESSMENT ROLL OF LOCAL IMPROVEMENT DISTRICT NO. 4; LEVYING ASSESSMENTS AGAINST THE PROPERTY SHOWN ON THE ASSESSMENT ROLL; PROVIDING FOR THE PAYMENT OF ASSESSMENTS IN INSTALLMENTS; PROVIDING FOR OTHER MATTERS RELATING TO THE CONFIRMATION OF LOCAL IMPROVEMENT DISTRICT ASSESSMENTS FOR LOCAL IMPROVEMENT DISTRICT NO. 4; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of McCall, Valley County, Idaho (the "City"), is a municipal corporation of the State of Idaho and is authorized by Chapter 17, Title 50, Idaho Code, to create local improvement districts within the City, to make improvements, and to levy the cost of the same against the lots and parcels of land included therein; and WHEREAS, the City, by Ordinance No. 668, adopted by the City Council (the "Council") on July 28, 1994, duly created Local Improvement District No. 4 ("L.I.D. No. 4") for the purpose of construction and installation of certain water system and public street improvements; and WHEREAS, said improvements have been constructed and installed, and, 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. 4 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 all owners of property subject to assessment within L.I.D. No. 4 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 January 22, 1998; 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. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, as follows: Page 1 Section 1: FINDINGS The Council hereby finds and determines that each lot, tract, parcel, and other property included within L.I.D. No. 4 will be specially benefited by the improvements within L.I.D. No. 4, as specified in the Resolution of Intention heretofore adopted and by the ordinance creating L.I.D. No. 4, the same being Ordinance No 668, adopted on July 28, 1994. Section 2: CONFIRMATION OF ASSESSMENT ROLL The Assessment Roll and the assessments contained therein for L.I.D. No. 4, 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 (200) 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. 4. 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, substantially in the form of Exhibit "B" which is annexed hereto and by reference incorporated herein, to each property owner assessed at his or her post office address, if known, or, if unknown, to the post office at McCall, Idaho, stating the total amount of his or her assessment plus the substance of the terms of payment of the same as set forth in this Ordinance. An affidavit Page 2 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 shall be conclusively presumed to have chosen to pay the same in ten (10) 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. 4 Bonds, plus one percent (1.00). 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 (20) thereon. Installments may be prepaid in the manner provided by Section 50-1715, Idaho Code. For the purpose of securing the payment of the principal of and interest on local improvement bonds issued for L.I.D. No. 4, it is the intent of the Council to create a reserve fund in an amount equaling ten percent (100) 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. 4; 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. 4 as provided in Section 50-1717, Idaho Code. Section 7: APPEAL PROCEDURE The confirmation of the Assessment Roll for L.I.D. No. 4 herein made is a final determination of the regularity, validity, and correctness of said Assessment Roll, of each assessment Page 3 contained therein, and of the amount levied on each lot or parcel of land or other property within L.I.D. No. 4, 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. 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: RATIFICATION OF PROCEEDINGS All proceedings heretofore had in connection with the creation of L.I.D. No. 4, 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 9: 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 10: PUBLICATION AND EFFECTIVE DATE This Ordinance 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 22nd day of January, 1998. CITY OF MCCALL Valley County, Idaho K,A1 By Mayor ATTEST: Page 4 Exhibit "A" City of McCall Final Assessment Roll Local Imarovement District No. 4 Assessment Number 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Parcel Number M0000003 5405 M0000003 5575 M0000003 5571 M0000003 5567 M0000003 4966 M0000003 4825 M0000003 4816 M0000003 4806 M0000003 7970 M0000003 7977 M0000003 7980 M0000003 8000 M0000003 8010 M0000003 8020 M0000003 8030 M0000003 4876 M0000003 4927 M0000003 4920 M0000003 5016 M0000003 5030 M0089000 0160 M0089000 0170 M0089000 0180 M0089000 014A M0089000 0190 M0089000 0200 M0089000 0130 M0089000 0120 M0089000 0210 M0089000 0220 M0089000 0110 M0089000 0100 M0089000 0230 M0089000 0240 M0089000 0090 M0089000 0080 M0089000 0250 M0089000 0260 M0089000 0070 M0089000 0060 M0089000 0270 M0089000 0280 M0089000 0050 M0089000 0040 M0089000 0290 M0089000 0300 M0089000 0030 M0089000 002E M0089000 002A M0089000 0010 M0000003 5723 M0000003 5720 M0000003 5717 Owner Swan Trustee Swan Swan Sproat Empire States Dev. (Var.) Severn/Seaman Reininger Catlett Fraley Goul Moore Herfel Aguirre Swanson Fam. Trust Swanson Fam. Trust Lakeport Corp. (Var.) Lakeport Corp. Troutner/Johnson Troutner Harmon Moon Hettinger Hettinger West Life Estate Hettinger Hettinger Hettinger Flynn Hobson Hobson Baker West Hobson Whitehead Urbonas Flynn Hobson Mayer Scrivner Scrivner Flynn/GibbonsNan Dyke Flynn Scrivner Flynn Flynn Hobson Children Trust Flynn Hobson Children Trust Hobson Stenquist Chacartequi/Goiri Chacartequi/Goiri Burchard Water Assessment Street Assessment PLWSD Density Water Assessment Share 11 11 1 1 1 1 1 1 7 7 3 3 3 3 3 3 1 0.25 1 0.25 1 0.25 1 0.25 1 0.25 1 0.25 1 0.25 7 7 1 1 1 1 7 7 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Water Assessment $ 28,540.74 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 18,162.29 $ 7,783.84 $ 7,783.84 $ 7,783.84 $ 648.65 $ 648.65 $ 648.65 $ 648.65 $ 648.65 $ 648.65 $ 648.65 $ 18,162.29 $ 2,594.61 $ 2,594.61 $ 18,162.29 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 Frontage Share Sq. Ft. Share Frontage Assessment Area Assessment Total Road Assessment 480 175,299 $ 6,656.98 $ 6,491.69 $13,148.67 264 87,631 $ 3,661.34 $ 3,245.16 $ 6,906.50 264 87,644 $ 3,661.34 $ 3,245.64 $ 6,906.98 70 87,644 $ 970.81 $ 3,245.64 $ 4,216.45 $ - 730 195,678 $ 10,124.16 $ 7,246.36 $ 17,370.53 460 250,049 $ 6,379.61 $ 9,259.84 $15,639.44 150 21,609 $ 2,080.31 $ 800.23 $ 2,880.53 Total Assessment If Prepaid Total Assessment w/Reserve Fund (If Not Prepaid) $ 28,540.74 $ 31,394.81 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 31,310.96 $ 34,442.05 $ 14,690.34 $ 16,159.37 $ 14,690.82 $ 16,159.90 $ 12,000.29 $ 13,200.32 $ 648.65 $ 713.52 $ 648.65 $ 713.52 $ 648.65 $ 713.52 $ 648.65 $ 713.52 $ 648.65 $ 713.52 $ 648.65 $ 713.52 $ 648.65 $ 713.52 $ 35,532.81 $ 39,086.10 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 33,801.73 $ 37,181.91 $ 5,475.15 $ 6,022.66 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 Exhibit "A" City of McCall Final Assessment Roll Local Improvement District No. 4 Assessment Number 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 79 80 81 82 83 84 85 86 88 89 90 91 91A 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 Parcel Number M6000065 5750 M0000003 5715 M0000003 5755 M0000003 5711 M0000003 5709 M0000003 5752 M0000003 5707 M0000003 5760 M0000003 5705 M0000003 5865 M0000003 5765 M0000003 5859 M0000003 5857 M0000003 5855 M0000003 5114 M0000003 5110 M0000003 5130 M0000003 5132 M0000003 5108 M0000003 5134 M0000003 5136 M0000003 5105 M0000003 5270 M0000003 5265 M0000003 5260 M0000003 5259 M0000003 5285 M0000003 5280 M0000003 5258 M0000003 5255 M0000003 8120 M0000003 8115 M0000003 8127 M0000003 8130 M0000003 8185 M0000003 8190 M0000003 5337 M0000003 5383 M0000003 5335 M0000003 5333 M0000003 5331 M0000003 5329 M0000003 5375 M0000003 5327 M0000003 5325 M0000003 5212 M0000003 5175 M0000003 5177 M0000003 5208 M0000003 5179 M0000003 5181 M0000003 5183 Owner Rogers MacGillivray Meyer Simpson Collingwood Rogers Dodson Cody Fox Stanton Hovde Stanton Smothers Campbell Fitzwater (Var.) Roylance McJunkin Hayes Acker Bergmans Bianchetti Bianchetti Morrison Fam. Trust Bergstrom Hopper Henggeler Keck Caven Royal Fork Rest. Corp. Lord Padget Bowen/Gester Estate Coffey Coffey Anacabe Anacabe Anacabe Fam. Trust (Var.) Harris Anacabe Fam. Trust East Dodge Dodge Dodge Goewey Waller Roberts Stewart Stewart Oakes Brown Callister Yensen Fam. Trust Yensen Fam. Trust Water Assessment Street Assessment PLWSD Density Water Assessment Share 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 0.25 1 1 1 0.25 1 0.25 1 0.25 2 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Water Assessment $-2,Bt)d.si $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 5,189.23 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 648.65 $ 2,594.61 $ 648.65 $ 648.65 $ 648.65 $ 5,189.23 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 $ 2,594.61 Frontage Share Sq. Ft. Share Frontage Assessment Area Assessment Total Road Assessment Total Assessment If Prepaid Total Assessment w/Reserve Fund (If Not Prepaid) $-2.$64.61 $-2,554.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 5,189.23 $ 5,708.15 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 648.65 $ 713.52 $ 2,594.61 $ 2,854.07 $ 648.65 $ 713.52 $ 648.65 $ 713.52 $ 648.65 $ 713.52 $ 5,189.23 $ 5,708.15 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 $ 2,594.61 $ 2,854.07 L Exhibit "A" City of McCall Final Assessment Roll Local Improvement District No. 4 Assessment Number Parcel Number ' Owner Water Assessment Street Assessment Total Assessment If Prepaid Total Assessment w/Reserve Fund (If Not Prepaid) PLWSD Density Water Assessment Share Water Assessment Frontage Share Sq. Ft. Share Frontage Assessment Area Assessment Total Road Assessment 109 MONISM )3 $i$$ Tipton 1 1 $-2,59d.si $-2,594.s1 $ "2,954.07 110 M0000003 5202 Raino Fam. Trust 1 1 $ 2,594.61 $ 2,594.61 $ 2,854.07 111 M0000003 5187 Bastida-Hickes/Rothchild-Smith 1 1 $ 2,594.61 $ 2,594.61 $ 2,854.07 112 M0000003 5200 Bastida-Hickes/Rothchild-Smith 1 1 $ 2,594.61 $ 2,594.61 $ 2,854.07 113 M0000003 5964 Fitzwater 1 1 $ 2,594.61 $ 2,594.61 $ 2,854.07 114 M0000003 5962 Miner/Newton 1 1 $ 2,594.61 $ 2,594.61 $ 2,854.07 115 M0000003 5960 Sigrist 1 1 $ 2,594.61 $ 2,594.61 $ 2,854.07 116 M0000003 5975 Cline 1 1 $ 2,594.61 $ 2,594.61 $ 2,854.07 117 M0000003 5930 Meffan (Var.) 4 4 $ 10,378.45 $ 10,378.45 $ 11,416.30 118 M0000003 5925 Inglis/Hammaker 1 1 $ 2,594.61 $ 2,594.61 $ 2,854.07 119 M0000003 5927 Inglis 1 1 $ 2,594.61 $ 2,594.61 $ 2,854.07 120 M0000003 5845 Hastriter 1 1 $ 2,594.61 $ 2,594.61 $ 2,854.07 121 M0000003 5804 Iverson 1 1 $ 2,594.61 $ 2,594.61 $ 2,854.07 122 M0000003 5803 Farmer 1 1 $ 2,594.61 $ 2,594.61 $ 2,854.07 123 M0000003 5840 Farmer 1 1 $ 2,594.61 $ 2,594.61 $ 2,854.07 124 M0000003 5835 Young 1 1 $ 2,594.61 $ 2,594.61 $ 2,854.07 125 M0000003 5790 Biddle/Anderson 1 1 $ 2,594.61 $ 2,594.61 $ 2,854.07 126 M0000003 5782 Beshears 1 1 $ 2,594.61 $ 2,594.61 $ 2,854.07 127 M0000003 5830 Maule 1 1 $ 2,594.61 $ 2,594.61 $ 2,854.07 128 M0000003 5778 Beshears 1 1 $ 2,594.61 $ 2,594.61 $ 2,854.07 129 M0000003 5777 Armstrong 1 1 $ 2,594.61 $ 2,594.61 $ 2,854.07 130 M0000003 5827 Armstrong 1 1 $ 2,594.61 $ 2,594.61 $ 2,854.07 131 M0000003 5825 Yensen/Cables 1 1 $ 2,594.61 $ 2,594.61 $ 2,854.07 132 M0000003 5775 Yensen/Cables 1 1 $ 2,594.61 $ 2,594.61 $ 2,854.07 133 M0000003 5998 Nicholes 1 1 $ 2,594.61 $ 2,594.61 $ 2,854.07 134 M0000003 5997 Seward/Pierce/Smith 1 1 $ 2,594.61 $ 2,594.61 $ 2,854.07 135 M0000003 5996 Killen 1 1 $ 2,594.61 $ 2,594.61 $ 2,854.07 136 M0000003 5999 Kingsford 1 0.25 $ 648.65 $ 648.65 $ 713.52 137 M0000003 5218 Schade 1 1 $ 2,594.61 $ 2,594.61 $ 2,854.07 138 M0000003 5220 Foster 1 1 $ 2,594.61 $ 2,594.61 $ 2,854.07 139 M0000003 5223 Brunzell 1 1 $ 2,594.61 $ 2,594.61 $ 2,854.07 140 M0000003 5227 Brown 1 1 $ 2,594.61 $ 2,594.61 $ 2,854.07 141 M0000003 5234 Lick Creek LLP 1 0.25 $ 648.65 $ 648.65 $ 713.52 142 M0000003 5243 Evans 1 0.25 $ 648.65 $ 648.65 $ 713.52 143 M0000003 5247 Kalange 1 0.25 $ 648.65 $ 648.65 $ 713.52 144 M0000003 5381 Watson 1 0.25 $ 648.65 $ 648.65 $ 713.52 145 M0000003 5385 Tague 1 0.25 $ 648.65 $ 648.65 $ 713.52 146 M0000003 5387 Yanke 1 0.25 $ 648.65 $ 648.65 $ 713.52 147 M0000003 5389 McKenna 1 0.25 $ 648.65 $ 648.65 $ 713.52 148 M0000003 5390 Mansisidor 1 0.25 $ 648.65 $ 648.65 $ 713.52 149 M0000003 5398 Potter 1 0.25 $ 648.65 $ 648.65 $ 713.52 150 M0000003 5399 Ward 1 0.25 $ 648.65 $ 648.65 $ 713.52 151 M0000003 8200 French 1 0.25 $ 648.65 $ 648.65 $ 713.52 152 M0000003 5203 Troutner 1 0.25 $ 648.65 $ 648.65 $ 713.52 78A M0000003 5269 Tyler 1 1 $ 2,594.61 $ 2,594.61 $ 2,854.07 78B M0000003 5260 June 1 1 $ 2,594.61 $ 2,594.61 $ 2,854.07 191 173 $448,867.96 2,418 905,554 $ 33,534.55 $ 33,534.55 $ 67,069.11 $515,937.07 $ 567,530.78 Exhibit "A" City of McCall Final Assessment Roll Local Improvement District No. 4 Water Assessment Street Assessment Total Water Total Assessment Assessment PLWSD Assessment Water Frontage Sq. Ft. Frontage Area Total Road Assessment w/Reserve Fund Number Parcel Number Owner Density Share Assessment Share Share Assessment Assessment Assessment If Prepaid Ilf Not Prepaid) Remarks Water assessment is based on the PLWSD Density Map. One authorized sewer hookup equals one share of the water assessment. Parcels adjacent to Pilgrim Cove and Lick Creek Road are assessed one-fourth of a share. This were served by existing water mains. The justification for this assessment is improved fire protection provided by additional hydrants and improved fireflows. (Var.) next to the owners name indicates that the parcel has a sewer density variance approved by the Payette Lakes Water and Sewer District. The parcel previously shown as assessment No. 5 had been combined with that previously shown as assessment No. 4. No increase is sewer density. The parcel previously shown as assessment No. 87 has been combined with that previous shown as assessment No. 88. No increase in sewer density. The parcel previous shown as assessment No. 78 has been divided with an increase in density. The two resulting lots are shown as assessment Nos. 78A and 78B. Streets assessments are apportioned based 50 % an parcel size and 50 % on parcel frontage. Project Costs: Total Water Streets Direct Costs Construction $ 395,744.10 $ 355,813.59 $ 39,930.51 Direct Engineering $ 20,962.80 $ 14,842.10 $ 6,120.70 Recording Fees $ 90.00 $ 57.00 $ 33.00 Right -of -Way $ 21,884.00 $ 10,942.00 $ 10,942.00 Total Direct Costs $ 438,680.90 $ 381,654.69 $ 57,026.21 Indirect Costs Basis of apportioning indirect costs 100.00% 87.00% 13.00% Indirect Engineering $ 38,816.61 $ 33,770.65 $ 5,045.96 Interest on Short Term Debt $ 20,815.42 $ 18,109.52 $ 2,705.90 Publication Fees $ 474.14 $ 412.50 $ 61.64 Future Indirect Costs: Legal Fees $ 5,000.00 $ 4,350.03 $ 649.97 Publication Fees $ 750.00 $ 652.50 $ 97.50 Interest on Short Term Debt (Est.) $ 11,400.00 $ 9,918.06 $ 1,481.94 Total Indirect Costs $ 77,256.17 $ 67,213.27 $ 10,042.90 Total Project Costs $ 616,937.07 $ 448,867.96 $ 67,069.11 Estimated Cost 5/5/94 before design work and not including legal and interest Water (Includes all engineering) Streets (Construction only) Total LID Cost on 5/5/94 $ 491,850.00 $ 42,000.00 $ 533,850.00 CITY OF MCCALL Valley County, Idaho LOCAL IMPROVEMENT DISTRICT NO. 4 NOTICE OF ASSESSMENT NOTICE IS HEREBY GIVEN that the assessment roll for Local Improvement District No. 4, for the construction and installation of water, sewer, and related improvements, has been confirmed. The assessment specified below may be paid on or before , 1998, without penalty or interest. If the assessment is paid in full on or before , 1998, the assessment will be $ (the amount of the full assessment, reduced by the ten percent (100) reserve fund amount). If the assessment is not paid in full on or before , 1998, the assessment will be $ , which amount includes a proportionate share of the reserve fund required for the bonds which shall be issued to fund that portion of the assessments which are not paid within the thirty -day prepayment period. If the assessment is not paid in full by , 1998, the assessment will be conclusively presumed to be payable in ten (10) annual installments, with the first installment due on , 1999. Interest on the unpaid installments will be payable on , 1999, and annually thereafter. The rate of interest on assessments which are paid in installments will be the rate of interest on Local Improvement District No. 4 Bonds, plus one percent (1.0 ). If any installment is not paid within twenty (20) days from the date it is due, the same shall become delinquent and a penalty of two percent (2.0 ) shall be added thereto. In the event that installments are paid in full after , 1998, such payment in full shall include the full principal amount of the unpaid assessment and all interest payable on the same, plus additional interest thereon from the date of the last installment payment to one year after the next interest payment date of such assessments. The property and the assessment with reference to which this notice is given is as follows: Roll No. Owner and Address Legal Description Amount of Assessment (if paid within 30 days) Page 1 - EXHIBIT "B" r DATED this day of , 1998. Page 2 - EXHIBIT "B" CITY OF McCALL Valley County, Idaho By Treasurer Publisher's Affidavit of Publication STATE OF IDAHO .SS County of Valley I, Leslie S. Freyer, being duly sworn and say, I am the receptionist of The Central Idaho Star -News, a weekly ;newspaper published at McCall, in the County of Valley, State of Idaho; that said newspaper is in general circulation in the county of aforesaid and is a legal newspaper; that the LEGAL NOTICE, a copy of which is enclosed hereto and is a part hereof, was published in said newspaper once a week for one week in,the regular and entire issue of every number there of during the period of time of publication, and was published in the newspaper proper and not in a supplement; and that publication of such notice began January and ended January 29, 1998. Subscribed sworn befortne this the 29th day of January, 1998. STATE OF AHO COUNTY OF VALLEY On this 29th day of January, in the year of 1998, before me, a Notary Public, personally appeared Leslie S. Freyer, known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the statements therein are true, and acknowl- edged to me that she executed the same. To Grote Notary Public for Idaho Residing at McCall, Idaho Commission Expires: 1999 �- ORDINANCE NO.720 AN ORDINANCE OF THE CITY OF McCALL, IDAHO, APPROVING AND CON- FIRMING THE ASSESSMENT ROLL • OF LOCAL IMPROVEMENT DISTRICT NO. 4; LEVYING ASSESSMENTS AGAINST THE PROPERTY SHOWN ON THE ASSESS- MENT ROLL; PROVIDING FOR THE PAYMENT OF ASSESSMENTS IN'41s1-.. STALLMENTS; PROVIDING FOR OTHER MATTERS RELATING TO THE CONFIR- MATION OF LOCAL IMPROVEMENT DISTRICT ASSESSMENTS FOR LOCAL IMPROVEMENT DISTRICT NO. 4; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of McCall, Valley County, Idaho (the "City"), is a municipal corporation of the State of Idaho and is autho- rized by Chapter 17, Tit1ei,50, Idaho Code, to create local improvement districts within the City, to make improvements, and to levy the cost of the same against theiots and parcels of - land included therein; and j WHEREAS, the City, by Ordinance No. t 668, adopted by the City Council (the "Coun- cil") on July -28, 1994, dbly created Local j Improvement District No: 4 ("L.I.D. No. 4") f . for the purpose of construction and installation ! of certain water system and public street im- provements; and 1,‘ WHEREAS, said improvements have been constructed and installed, and, in accordance with the provisions of Section 50-1712, Idaho Code, the Council has received a duly certified - Engineer's Report showin-:'in detail the total cost and expenses of L jk" No. 4 and the payable rID�;, amounts a able from = " ' nts, and con- taining a preliminary `assessrne. roll; and WHEREAS, no.:assessmeni- 1 hearing on the fi”'ttce of time �d regularly, ../al assessment roll was duly by Lnmling t dgtven by publication thereof and all owners of property subject to asse's�`n'£;1t within L.I.D. No. 4 within the time and in 1!;:e manner required by law, and the I '17arinf.'o was duly and regularly held, pursuant' to such notice, at the time and place fixed for F said hearing, on January 22;1998; and • -WHEREAS, at said hearing the Council Considered all protests and objections to the assessment roll and all evidence presented, and 1 the Council now desires to confirm the assess- ment roll, to provide for the levy and collection of assessments, and to provide for the payment I of assessments in installments. • NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, as follows: — Section l: FINDINGS • The Council hereby finds and determines that each lot, tract, parcel, and other property - included within L.I.D. No. 4 will be specially benefited by the improvements within L.I.D. No. 4, as specified in the Resolution of Inten- tion heretofore adopted and by the ordinance' creating L.I.D. No. 4, the same being Ordi- nance No. 668, adopted on July 28, 1994. Section 2: CONFIRMATION OF ASSESS- MENT ROLL The Assessment Roll and the assessments contained therein for L.I.D. No. 4, 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 i amount greater than twenty percent (20-) of the ` amount of the assessment as set forth in the I Notice of Hearing. Section 3: PROPERTY AFFECTED; LEVY OF ASSESSMENTS . • • Except to the extentreflected in the final 4 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 AS- SESSMENT ROLL; LIEN OF ASSESSMENTS ' Immediately upon the passage of this Ordi- nance, the City Clerk shall certify and file the conformed Assessment Roll with the City Trea- surer and shall file with the Recorder of Valley County, Idaho, a notice which shall contain the date of adoption of this Ordinance and a de- scription of the boundaries of L.I.D. No. 4. 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, substantially in the form of Ex- hibit -B-• which is annexed hereto and by reference incorporated herein, to each property owner assessed at his or her post office address, r if known, or; if unknown, to the post office at l McCall, Idaho, stating the amount of his or L her assessment plus the substance of the terms r/ r of payment of the same as set fort ti—tn tfiis Ordinance. An affidavit of mailing the forego- ing notice shall be filed in the office of the City Treasurer. Section 5: DUE DATE OF ASSESS- MENTS; 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 Ordi- nance. Any property owner who has not paid his or her assessment in full within said thirty , (30)day period shall be conclusively presumed to have chosen to pay the same in ten (10) iI annual installments, the first of which shall I 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 assess- ment, 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 i interest such installments shall bear is hereby fixed as the rate of interest on the L.I.D. No. 4 Bo-nds, plus one percent (1.0%). If any installment is not paid within twenty (20) days from its due date, the same shall become delin- quent, 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 the principal of and interest on local improve- ment bonds issued for L.I.D. No. 4, it is the intent of the Council to create 5 reserve fund in an amount equaling 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 prop- erty in L.I.D. No. 4; 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 assess- ments 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. 4 as provided in Section 50-1717, Idaho Code. Section 7: APPEAL PROCEDURE The confirmation of the Assessment Roll for L.I.D. No. 4 herein made is a final determi- nation of the regularity, validity, and correctness of said Assessment Roll, of each assessment contained therein, and of the amount levied on I each lot or parcel of land or other property within L.I.D. No. 4, 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 ant, with the Clerk of the District Court of Valley ?'ounty in the manner provided by Section 50-1718, Idaho Code. After said thirty (30) day apnea' period has run, no one shall have any caw, , or right of action to contest the legality, form:; ity, or regularity of any assessment. Section 8: kATIFICATION OF PRO- CEEDINGS All proceedings heretofore had in connec- tion won the creation of L.I.D. No. 4, the prepar:_lion and adoption of said Assessment Roll, t: a hearing thereon, and the giving of notice .; said hearing on said Assessment Roll, are hes;_hy in AI respects ratified, approved, and co:itirmed. Se, tion 9: SEVERABILITY If y section, paragraph, clause or provi- sion of ,his Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of each section, paragraph, clause, or p.ovision shall in no manner affect any remai ;,mg provision of this Ordinance. Sectlton 10: PUBLICATION AND EFFEC- TIVE 1 )ATE Thi s Ordinance shall be published in one (I) issue, of the official newspaper of the City, and sha! l.take effect immediately upon its pas- sage; app ,.oval, and publication. DATL,D this 22nd day of January, 1998. CITY OF MO ,BALL. Valley County, Idaho. By Kirk Eimers•, Mayor. ATTEST: James H. uHenderson. I: 1no