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HomeMy WebLinkAboutORD 2071BILL 7 ORDINANCE NO. 2071 AN ORDINANCE OF THE CITY OF CALDWELL IDAHO, CREATING LOCAL IMPROVEMENT DISTRICT NO. 95 -1 FOR CALDWELL IDAHO, FOR THE CONSTRUCTION OF AN 8" SANITARY SEWER SYSTEM IN TERRACE, TETON, SHASTA AND ROOSEVELT STREETS, PROVIDING FOR THE LEVYING OF ASSESSMENTS UPON THE PROPERTY TO BE BENEFITED BY SUCH IMPROVEMENTS AND FOR THE BASIS OF MAKING SAID ASSESSMENTS; SETTING FORTH THE PROPERTIES TO BE INCLUDED IN SAID DISTRICT; PROVIDING FOR MAKING THE ASSESSMENT ROLL; PROVIDING FOR THE LENGTH OF TIME AND METHOD OF CONNECTING TO THE CITY SEWER; AUTHORIZING THE PUBLICATION OF A CALL FOR CONSTRUCTION BIDS. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CALDWELL, IDAHO: Section 1: There is hereby created, a local improvement district in the City of Caldwell, Idaho, to be called Local Improvement District No. 95 -1, for sewer improvements; the boundaries of the real property included herein are in accordance with the resolution of intention, which was heretofore and hereby is adopted, ratified and approved; and the boundaries of said district and the real property included therein, all within the City of Caldwell, are described as follows: to wit: Terrace Addition Block 1, lots 2 through 11, all of Block 2 and all of Block 3. Terrace Addition No. 2, Block 1, lots 12 through 14 and lots 18 through 22, all of Block 2 and all of Block 3. Section 2: The City has budgeted $20,000 toward the construction of the Terrace Sewer Project. The properties shall be assessed for construction costs not paid by the City. Said amount is estimated to be $250,000.00; provided, however, said costs shall not exceed the actual cost of constructing the sewer improvements together with expenses set forth in Section 5. Section 3: The mandatory one -year hook -up to City sewer, Article 5, Section 04- 05 -07, shall be extended to the year 2006, or one year after the L.I.D. is retired, (which ever is later) providing the existing septic systems have not failed. If a septic system is failing, it will be mandatory for that property to connect to the City sewer. N Section 4: It shall be allowable for a property to connect the ground floor of a residence to the sewer While leaving the basement on the septic system until the septic system fails. Once the septic system begins to fail, the basement must be connected to sewer. Section 5: Each lot and parcel of land shall be separately assessed for said debt or cost and expense by the benefits derived method of assessment, based on 1/2 of the construction cost divided by 36 property ownerships and 1/2 of the construction cost divided by 39 living units. Each property will be separately assessed for the cost of providing a 4 sewer service line from the 8 sewer main to the property line. All assessments shall be in proportion to the benefits derived to each property by said improvements or utility services which are optional with each land owner and which shall be assessed in proportion to the cost of providing said improvements, sufficient to cover the total cost and expense of the work, less any additional expense assumed by the City. The costs and expenses to be assessed as herein provided shall include the contract price of the improvements, legal services, advertising, and interest upon warrants, if issued, bonding and legal costs. Section 6: The City Engineer is hereby directed to make an assessment roll according to the provisions of Idaho Code, Section 50 -1712. Section 7: Notice of advertisement for bids for construction of said improvements shall be published in three consecutive weekly issues of the Idaho Press Tribune, the official newspaper of said City, which notice shall state the time, place and hour where and until when the City Engineer will receive sealed proposals which will be opened and publicly read, shall contain a general description of the kind and amount of work to be done, the materials to be furnished, as nearly accurate as practicable, using such general terms as to admit of the wide latitude for competition, and shall state that the plans and specifications for said improvement work are on file in the office of the City Engineer where they may be examined or obtained. The notice shall also state that bidder shall accompany his bid with a certified check or bid bond in compliance with Idaho Code Section 50 -341 in the amount of five percent (5%) of his bid and in case the contract for such work is awarded to such bidder, and he fails or refuses to enter into the contract and give the bond required, such monies shall be forfeited to the City and shall be placed in the local improvement fund for such district. Said notice shall provide that the City reserves the right to reject any and all bids, to waive informalities, or to accept the proposal of the lowest responsible bidder; and that no bidder may withdraw his bid after the hour set for the opening of bids. 0 Section 8: Should the court having jurisdiction declare any part of this Ordinance invalid, unauthorized or unconstitutional or in conflict with any other part of this Ordinance, then such decision shall affect only the part declared to be unconstitutional, unauthorized or invalid, and shall not affect any other part whatsoever of this Ordinance. The Mayor and City Council of the City of Caldwell, Idaho, declare that it would have passed this Ordinance, and each part hereof, irrespective of parts declared invalid, unauthorized or unconstitutional. PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, THIS 15 DAY OF MAY, 1995. PASSED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, THIS 15 DAY OF MAY, 1995. APPRO D: Richard H. Winder, Mayor ATTEST: BY: ✓�6P Betty To Keller, City Clerk