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HomeMy WebLinkAboutORD 21260 0 BILL NO. 62 ORDINANCE NO. 2196 AN ORDINANCE OF THE CITY OF CALDWELL IDAHO, CREATING LOCAL DISTRICT NO. 95 -5 FOR CALDWELL IDAHO, FOR THE REMOVAL OF DEAD, DYING, DISEASED OR HAZARDOUS TREES AND STUMPS, PROVIDING FOR THE LEVYING OF ASSESSMENTS UPON THE PROPERTY TO BE BENEFITTED 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 -5, for the Removal of Dead, Dying, Diseased or Hazardous Trees and Stumps; 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 corporate limits of the City of Caldwell, Idaho, as more particularly described in the list for L.I.D. 95 -5 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 $100,000.00 provided, however, said costs shall not exceed the actual cost of removal of trees and stumps on right -of -way together with expenses set forth in Sections 3 and 4. The City will pay 30% of the cost of removal of trees on street right -of -way. Property owners shall pay 100% of the cost of removal of trees on private property. Section 3: The City intends to remove trees and stumps at a total estimated cost of $100,000. Property owners will be assessed 70% of the cost of tree and stump removal on street right -of -way and 100% of the cost of removal on private property. The cost and expense of removal will be assessed against the abutting property and adjacent land along which such trees are to be removed upon lands included in the District to be created according to an individual property basis. The City shall pay 30% of tree and stump removal and clean up right -of -ways only. Private property may be included in the L.I.D. assessment, however, 100% of these tree and stump removal costs will be assessed to the property owner. Said removal is to be performed at various locations throughout the City as identified on the 95 -5 List for tree and stump removal on file in the City of Caldwell Engineering Department. section 4: Each lot and parcel of land shall be separately assessed for said debt or cost and expense in proportion to the benefits derived to such property by said improvements of tree and stump removal 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, plus engineering, legal, clerical services, advertising, cost of inspection, cost of collecting assessments, interim interest and interest upon warrants, if issued. Section S: The City Engineer is hereby directed to make an assessment roll according to the provisions of Idaho Code, Section 50 -1712. Section 6: 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 to 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 7: 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 18TH DAY OF DECEMBER 1995- PASSED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, THIS 18TH DAY OF DECEMBER 1995. APP VED: Richard H. Winder, Mayor ATTEST; BY: Betty 56-Keller, City Clerk