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BILL NO. 53
ORDINANCE NO. 21 ii
AN ORDINANCE OF THE CITY OF CALDWELL IDAHO, CREATING LOCAL
IMPROVEMENT DISTRICT NO. 95 -3 FOR CALDWELL IDAHO, FOR THE
CONSTRUCTION OF ASPHALT PAVING ON GRAVEL 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; 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 -3, for Street Paving 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:
At various locations lying within the
boundaries of the City of Caldwell as more
particularly described in the list for L.I.D.
95 -3 on file in the office of the City
Engineer.
Section 2: The property shall be assessed for construction costs
not paid by the City, said amount is estimated to be $65,000
provided, however, said costs shall not exceed the actual cost of
constructing the right -of -way improvements together with expenses
set forth in Section 3. City forces and equipment will excavate the
sub base, install drainage, irrigation facilities, and place and
compact the gravel base required for the street paving. The
property owners shall be assessed the material cost of gravel base,
material cost of irrigation and drainage improvements and material
and installation costs of the asphalt paving.
Section 3: Each lot and parcel of land shall be separately
assessed for said debt or cost and expense by a front foot and /or
square foot method of measurement in proportion to the benefits
derived to such 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 expenses of the work. The
cost and expenses to be assessed as herein provided shall include
the contract price of the improvements, engineering, legal, and
clerical services, advertising, cost of inspection, cost of
collecting assessments, and interest upon warrants, if issued.
P i
Section 4: The City Engineer is hereby directed to make an
assessment roll according to the provisions of Idaho Code, Section
50 -1712.
Section 5: Notice of advertisement for bids for construction of
said improvements shall be published in three consecutive 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 5: 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 6TH DAY
OF NOVEMBER 1995.
PASSED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, THIS 6TH DAY OF
NOVEMBER 1995.
ATTEST:
APPR ED:
Rich r er, Mayor
BY: G3,g�
Betty Jo Keller, City Clerk