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Home My WebLink AboutORD 2101BILL __3Z ORDINANCE NO. 2101 AN ORDINANCE OF THE CITY OF CALDWELL IDAHO, CREATING LOCAL IMPROVEMENT DISTRICT NO. 95 -2 FOR CALDWELL IDAHO, FOR THE CONSTRUCTION OF AN 8" SANITARY SEWER SYSTEM IN AIRPORT AND MEADOW AVENUE AND STREET PAVING ON MEADOW AVENUE FROM LINDEN TO THE SOUTH; PROVIDING FOR THE LEVYING OF ASSESSMENTS UPON THE PROPERTY TO BE BENEFITED BY SUCH IMPROVEMENTSAND FORTHE BASIS OF MAKING SAID ASSESSMENTS; SETTING FORTH THE PROPERTIES TO BE INCLUDED IN SAID DISTRICT; PROVIDING FOR MAKING THE ASSESSMENT ROLL; PROVIDING FOR THE 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 -2, for sewer and street 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: A portion of the northwest quarter of the northeast quarter and a portion of the northeast quarter of the northwest quarter, Section 33, Township 4 North, Range 3 West, Boise Meridian, Canyon County, Idaho with basis of bearing as defined in Instrument No. 9410307 of the records of Canyon County, Idaho. Commencing at the northeast corner of the northeast quarter of the northwest quarter, also being the REAL POINT OF BEGINNING; Thence N89°25'47 "W a distance of 125.00 feet; Thence SO °36'28 "W a distance of 175.00 feet; Thence N89 0 25'47 "W a distance of 100.00 feet; Thence NO °36'28 "E a distance of 175.00 feet; Thence N89 ° 25'47 "W a distance of 230.00 feet; Thence S0 0 36'28 "W a distance of 160.00 feet; Thence N89 1 '25 1 47 1 W a distance of 70.00 feet; Thence S0 0 36 1 28 "W a distance of 131.34 feet; Thence N89"42'1 8'W a distance of 67.73 feet; Thence S0 0 3628 1 W a distance of 65 feet; Thence N89 0 42'18 "W a distance of 20 feet; Thence S0 0 36'28 "W a distance of 279.43 feet; Thence S50 °42 "E a distance of 784.88 feet; Thence S89 °25'47 "E a distance of 25 feet; Thence NO °36'28 "E a distance of 137 feet; Thence N89 °25'47 "VII a distance of 165 feet; Thence N0 0 36'28 "E a distance of 850 feet; Thence N89 0 25'47 "W a distance of 190.0 feet; Thence N0 "E a distance of 140.0 feet to the POINT OF BEGINNING. Section 2: The City shall furnish the excavation, hauling, placing and compaction of the gravel base for Meadow Avenue.. The properties shall be assessed for construction costs not paid by the City. Said amount is estimated to be $110,000.00; provided, however, said costs shall not exceed the actual cost of constructing the sewer and street improvements together with expenses set forth in Section 5. Section 3: 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 4: Each lot and parcel of land fronting the sewer shall be separately assessed for said debt or cost and expense of sewer construction by the benefits derived method of assessment, based on the construction cost divided by 18 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, administration and interest upon warrants, if issued, bonding and legal costs. Section 5: The mandatory one -year hook -up to City sewer, Article 5, Section 04- 05-07, shall be extended to the year 2001, 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. Section 6: Each lot and parcel of land fronting on Meadow Avenue shall be separately assessed for said debt or cost and expense of street paving on Meadow Avenue based on the front foot method of assessment. 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, base gravel, drainage improvements, legal services, advertising, administration and interest upon warrants, if issued, bonding and legal costs. Section 7: The City Engineer is hereby directed to make an assessment roll according to the provisions of Idaho Code, Section 50 -1712. Section 8: 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. Section 9: 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 21st DAY OF AUGUST, 1995. PASSED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, THIS 21st DAY OF AUGUST, 1995. APPROVED: eoill� 6:':� Richard H. Winder, Mayor ATTEST: BY: Betty Jo Q16r, City Clerk