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HomeMy WebLinkAboutORD 2174BILL NO ORDINRNCE NO _9 i7 74 AN ORDINANCE OF THE CITY OF CALDWELL IDAHO, CREATING LOCAL DISTRICT NO. 96 -7 FOR CALDWELL IDAHO, FOR THE REMOVAL OF DEAD, DYING, DISEASED OR HAZARDOUS TREES AND STUMPS AND REPLANTING THEREOF, 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. 96 -7, for the Removal of Dead, Dying, Diseased or Hazardous Trees and Stumps and Replanting Thereof; 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. 96 -7 on file in the office of the City Engineer. section 3: 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 and replanting thereof 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 and stumps and replanting thereof on street right -of -way. Property owners shall pay 10o% of the cost of removal of trees and stumps and replanting thereof on private property. Section 3: The City intends to remove trees and stumps and replant thereof at a total estimated cost of $100,000. Property owners will be assessed 70% of the cost of tree and stump removal and replanting thereof on street right -of -way and 100% of the cost of removal and replanting on private property. The cost and expense of removal and replanting will be assessed against the abutting property and adjacent land along which such trees are to be removed and replanted 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, clean up, and replanting in right -of ways only. Private property may be included in the L.I.D. assessment, however, l00% of these tree and stump removal and replanting costs will be assessed to the property owner. Said removal and replanting is to be performed at various locations throughout the City as identified on the 96 -7 List for tree and stump removal and replanting on file in the City of Caldwell Engineering Department. section 4: Each lot and parcel of land n proportion to tely assessed for said debt or cost and expense the benefits derived to such property by said improvements of tree and stump removal and replanting 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' roll according ding Engineer is hereby provisions directed to ho Code, section assessment r ecti n 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 an newspaper of s a i d City, which notice shall state the time, pace 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 hall state thadmit he plans and competition, and 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 7s 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 uncons itutional, unauthorized or invalid, and shall not affect any other p 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 whereof, i of parts declared invalid, unauthorized PASSED By To COUNCIL OF THE CITY OF CALDWELL, IDAHO, THIS 1 th DAY OF Decemb 1996 PASSED BY THE MAYOR OF THE CITY or CALDWELL, IDAHO, THIS 16th DAY Or naramher _ 1996. AD: H4lener, Mayor ATTEST: BY: Betty Jo ler, City Cierk