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Home My Public Portal AboutOrd. 738 - LID #4 Segregation of Assessments-Balshae SubdivisionORDINANCE NO. 738 AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO, RELATING TO THE SEGREGATION OF ASSESSMENTS FOR LOCAL IMPROVEMENT DISTRICT NO.4; MAKING FINDINGS AND DETERMINATIONS; SETTING FORTH THE ORIGINAL ASSESSMENT ROLL, THE DESCRIPTIONS OF ASSESSMENT PARCELS, AND THE AMOUNT AND DATE OF THE ORIGINAL ASSESSMENTS FOR LOCAL IMPROVEMENT DISTRICT NO.4; PROVIDING FOR THE SEGREGATION OF ASSESSMENTS FOR ASSESSMENT PARCEL 17; DIRECTING THE CITY CLERK TO MAKE THE SEGREGATION OF ASSESSMENTS ON THE ASSESSMENT ROLL; SETTING FORTH THE REVISED ASSESSMENT ROLL FOR LOCAL IMPROVEMENT DISTRICT NO.4; RATIFYING PREVIOUS ACTIONS; DIRECTING THAT A CERTIFIED COPY OF THIS ORDINANCE BE FILED WITH THE RECORDER OF VALLEY COUNTY, IDAHO; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, by adoption of Ordinance No. 668, adopted on July 28, 1994, the Mayor and Council of the City of McCall, Valley County, Idaho (the "City"), duly created Local Improvement District No. 4("L.I.D. No. 4") of the City; and WHEREAS, by adoption of Ordinance No. 720, adopted on January 22, 1998, the Mayor and Council, pursuant to notice and hearing as required by law, duly confirmed an assessment roll and thereafter issued and sold special assessment bonds for L.I.D. No. 4; and WHEREAS, Section 50-1721A, Idaho Code, provides that whenever any land against which there has been levied any special assessment by any municipality shall have been sold in part or subdivided, the council of the municipality shall have the power to order a segregation of the assessment; and WHEREAS, the owner of Parcel 17 within L.I.D. No. 4 has requested that the assessment for said property be segregated 1 through 7 and the City Council has determined that it is in the best interests of the City to grant such application and to segregate the assessments in accordance with the application, all as provided by Se .t on 50-1721A, Idaho Code. ro , Pto o �CO o m-‹ m• CD cis r� CDc� rr' r o ��`; �,-. -< 6 'ry � �: �3 �;.`; s �� MCn _ o ete u1 C J P ge 1 c�pf 3 Ord n ca3738 Adopted by City Council Januarj 27,_ 200 -c rr�'i NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, Valley County, Idaho, as follows: Section 1: The Council hereby finds and determines: A. Local Improvement District No. 4 ("L.I.D. No. 4") was duly created by Ordinance NO. 668, adopted on July 28, 1994. B. The assessment roll (the "Assessment Roll") for L.I.D. No. 4 was duly confirmed by Ordinance No. 720 adopted on January 22, 1998. C. The owner of assessment within L.I.D. No. 4, has made application to the City for the segregation of the assessments for said Parcel to lots 1 through 7. D. It is in the best interests of the City and of the property subject to assessment within L.I.D. No. 4 that the application for segregation of assessments be granted. E. The rights and interests of the owners and holders of the special assessment bonds issued, and the security of the lien for the assessments, for L.I.D. No. 4 will not be adversely affected by the segregation of such assessments. Section 2: A copy of the original confirmed Assessment Roll for L.I.D. No. 4, including the legal description of the properties included within and subject to assessment for L.I.D. No.4, as confirmed by Ordinance No. 668, adopted on July 28, 1994, is annexed hereto as Exhibit "A" and by reference made a part of this Ordinance. Section 3: The Assessment Roll for L.I.D. No. 4, is hereby amended by the assessment in the amounts set forth in Exhibit "B" which is annexed hereto and by reference made a part of this Ordinance. Section 4: The City Clerk is hereby directed to make the segregation provided by Section 3 of this Ordinance in the confirmed Assessment Roll for L.I.D. No. 4. Page 2 of 3 Ordinance 738 Adopted by City Council January 27, 2000 Section 5: The Assessment Roll for L.I.D. No. 4 including this Ordinance No. adopted on January 13, 2000, shall be as set forth in Exhibit "C" which is annexed hereto and by reference made a part of this Ordinance. Section 6: All actions hereto taken by the City with respect to the confirmation of the Assessment Roll for L.I.D. No. 4 by the adoption of Ordinance No. 720, adopted on January 22, 1998, are hereby ratified and confirmed in all respects. Section 7: A certified copy of the Ordinance shall be filed with the Valley County Recorder in accordance with Section 50-1721A, Idaho Code. Section 8: This Ordinance shall be published once in the official newspaper of the City and shall take effect and be in force from and after its passage, approval, and publication. DATED this 13th day of January, 2000. CITY OF McCALL Valley County, Idaho By Cathleen Koch; City Clerk Allan Muller, Mayor Page 3 of 3 Ordinance 738 Adopted by City Council January 27, 2000 City of McCall Certificate of Recording Officer STATE OF IDAHO} } County of Valley } I, the undersigned, the duly appointed, qualified, Acting City Clerk of the City of McCall, 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 the City of McCall, Idaho, and that I am statutory custodian of all laws, ordinances and resolutions of said City. 2. That the attached Ordinance No. 738 is a true and correct copy of an ordinance passed at a regular meeting of the Council of the City of McCall held on January 27, 2000 and duly recorded in my office; and 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 and that a legally sufficient number of members of the Council 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 official seal of the City of McCall, Idaho this 1st day of February 2000. g,cGAL• . C? sE— V • V Cathleen A. Koch, Acting City Clerk Publisher's Affidavit of Publication STATE OF IDAHO .SS County of Valley I, Carol J. Wright, being duly sworn and say, I am the receptionist of The 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 afore said and is a legal newspaper; that the PUBLIC NOTICE, a copy of which is enclosed hereto and is a part hereof, was published in said newspaper once a week for a period of 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 publica- tion of such notice began February 10, 2000 and ended February 10, 2000. Subscribed and s( rn befor4. a this the 11th day of February, 2000. STATE OF IDAHO COUNTY OF VALLEY On this 11th day of February, in the year of 2000, before me, a Notary Public, personally appeared Carol J. Wright, 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 acknowledged to me that she executed the same. Tom Grote Notary Public for Idaho Residing at McCall, Idaho ORDINANCE NO. 738 • AN OiiDINANCE OF. THE CITY OF McCALL, VALLEY COUNTY, IDAHO, RE- LATING TO THE SEGREGATION OF ASSESSMENTS FOR LOCAL IMPROVE- MENT DISTRICT NO.4; MAKING FINDINGS AND DETERMINATIONS; SET- TING • FORTH. THE ORIGINAL ASSESSMENT ROLL, THE DESCRI,,PTIONS OF ASSESSMENT PARCELS, AND THE AMOUNT AND DATE OF THE ORIGINAL ASSESSMENTS FOR LOCAL IMPROVE- MENT DISTRICT NO.4; PROVIDING FOR THE SEGREGATION OF ASSESSMENTS FOR ASSESSMENT PARCEL 17; DIRECT- ING THE CITY CLERK TO MAKE THE SEGREGATION OF ASSESSMENTS ON THE ASSESSMENT ROLL; SETTING . FORTH THE REVISED. ASSESSMENT ' (Continued from Page 13) ROLL FOR LOCAL IMPROVEMENT DIS- TRICT NO.4; RATIFYING PREVIOUS ACTIONS; DIRECTING THAT A CERTI- FIED COPY OF THIS ORDINANCE BE FILED. WITH THE RECORDER OFVAL- LEY COUNTY, IDAHO; PROVIDING FOR PUBLICATION; AND PROVIDING AN EF- FECTIVE DATE • WHEREAS, by adoption of Ordinance No. 668, adopted on July 28, 1994, the Mayor and Council of the City of McCall, Valley County, Idaho (the "City"), duly created Local Im- provement District No. 4("L.I.D. No. 4") of the City; and WHEREAS, by adoption of Ordinance No. 720, adopted on January 22, 1998, the Mayor and Council, pursuant to notice and hearing as required by law, duly confirmed an assessment -roll and thereafter issued and sold special as- sessment bonds for L.1.D. No. 4; and WHEREAS, Section 50-1721A, Idaho Code, providesthat whenever any land against which there has been levied any special assess- - ment by any mbnicipality shall have been sold in part or subdivided, the council of the munici- pality shall have the power to.order a segregation of the assessment; and WHEREAS, the owner of Parcel 17 within L.I.D. No. 4 has requested that the assessment . for said property be segregated 1 through 7 and • the City Council has determined that it is in the best interests of the City to grant such applica- tion and to segregate the assessments in accordance with the application, all as pro- vided by Section 50-1721A, Idaho Code. NOW, THEREFORE, BE IT ORDAINED ...BY THE MAYOR AND COUNCIL OF THE •CITY OF McCALL, Valley County, Idaho, as follows: Section : The Council hereby finds and determines: Local Improvement District No. 4 ("L.I.D. No. 4") was duly created by Ordinance NO. 668, adopted on July 28, 1994. The assessment roll (the "Assessment Roll") for L.I.D. No. 4 was duly confirmed by Ordinance No. 720 adopted on January 22, 1998. The owner of assessment within L.I.D. No. 4, has made application to the City for the segregation of the assessments for said Parcel to lots 1 through 7. It is in the best interests of the City and of the property subject to assessment within L.1.D. No. 4 that the application• for segregation of assessments be granted. The rights and interests of the owners and holders of the special assessment bonds issued, and the security of the lien for the assessments, for L.I.D. No. 4 will not be adversely affected by the segregation of such assessments. Section : _A copy of the original confirmed Assessment Roll for L.I.D. No.4, including the legal description of the 'properties included within and subject to assessment for L.I.D. No.4, as confirmed by Ordinance No. 668, • adopted on July 28, 1994, is annexed hereto as Exhibit "A" and by reference made a part of this Ordinance. Section: The Assessment Roll for L.I.D. No. 4, is hereby amended by the assessment in the amounts set forth in Exhibit `B" which is annexed hereto and by reference made a part of this Ordinance. Section : The City Clerk is hereby directed to make the segregation provided by Section 3 of this Ordinance in the confirmed Assessment Roll for L.I.D. No. 4. Section : The Assessment Roll for L.I.D. No. 4 including this Ordinance No. adopted on January 13, 2000, shall be asset forth in Exhibit "C" which is annexed hereto and by reference made a part of this Ordinance. Section : All actions hereto taken by the City with respect to the confirmation of the Assessment Roll for L.I.D. No. 4 by the adop- tion of Ordinance No. 720, adopted on January 22, 1998, are•hereby ratified and confirmed in all respects. Section : A certified copy of the Ordinance shall be filed with the Valley County Recorder in accordance with Section 50-1721A, Idaho Code. • Section : This Ordinance shall be pub- lished once in the official newspaper of the City and shall take effect and be in force from and after its passage, approval, and publication. DATED this 13'h day of January, 2000. CITY OF McCALL Valley County, Idaho • By: Allan Muller, Mayor ATTEST: Cathleen Koch, City. Clerk Itc2/ 10