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Home My WebLink AboutORD 2202• w BILL " ORDINANCE NO. 2202 AN ORDINANCE OF THE CITY OF CALDWELL IDAHO, CREATING LOCAL IMPROVEMENT DISTRICT NO. 97 -1 FOR CALDWELL IDAHO, FOR THE CONSTRUCTION OF A SANITARY SEWER SYSTEM IN FLORIDA, CHERRY, GEORGIA AND ALDER 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. 97 -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: Beginning at the centerline of Cherry St. and Florida St.; Thence Easterly along the centerline of Cherry St. extended to the Southwesterly right -of- way line of Cleveland Blvd; Thence Northwesterly along the Southwesterly right -of -way line of Cleveland Blvd. to the Easterly boundary of Tract U of Mountain View Subdivision. Thence Southerly along the Easterly boundary line of said Tract U to the Southeast corner of said Tract U. Thence Westerly along the Southerly boundary line of said Tract U, 512 feet more or less, to the Easterly boundary of the property described in Instrument Number 9018069; Thence Northerly 142.00 feet to the Northerly boundary of said property; 6 0 Thence Westerly 120.00 feet along the Northerly boundary of said property to the Westerly boundary line of Tract U of Mountain View Subdivision which is also the Easterly boundary of Tract T; Thence Southerly 142.00 feet along the boundary of said Tracts U and T to the Southerly boundary of Tract U and T; Thence Westerly along the Southerly boundary of Tracts T and S and said boundary extended to the Westerly boundary of Georgia; Thence Southerly 190.20 feet more or less to the Northerly boundary line extended of Block 1 of Forrer Replat, a replat of Tract P & W of Mountain View Subdivision; Thence Westerly along the Northerly boundary and Northerly boundary line extended of said Block 1 of Forrer Replat, to the West boundary of said Block 1 of Forrer Replat; Thence Southerly to the South boundary of Block 1 of Richman Replat, a replat of Tract W of Mountain View Addition; Thence Easterly along the South boundary of said Block 1 and Block 1 extended to the centerline of Georgia Ave. Thence Northerly along the centerline of Georgia Ave. 10.42 feet more or less, to the Southerly boundary of the property described in Instrument Number 9022291; Thence Easterly along the Southerly boundary of the property described in Instrument Number 9022291 to the West boundary line of Florida Estates Subdivision; Thence Northerly along the Westerly boundary line and the Westerly boundary line extended of said Florida Estates Subdivision to the centerline of Cherry St.; Thence Easterly along the centerline of Cherry St. to the Intersection of Cherry St. and Florida Avenue, the POINT OF BEGINNING. Section 2: A portion of the costs of construction of the Florida, Cherry, Alder and Georgia Sewer Project shall be assessed to the properties benefitted thereby. The amount of said assessment is estimated to be $150,000.00; provided, however, said costs shall not exceed the actual cost of constructing the sewer improvements together with expenses set forth in Section 5. The cost of construction, above and beyond that assessed to the benefltted property owners, shall be borne by the City Sewer Fund which has budgeted monies for that purpose. Section 3: The mandatory one -year hook -up to City sewer, Article 5, Section 04- 05-07, shall be extended to the year 2008, 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. 6 0 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 112 of the construction cost divided by the number of property ownerships and 112 of the construction cost divided by the number of living units. Each property will be separately assessed for the cost of providing N' sewer service lines from the a , 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. Section B: 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. 0 9 PASSED BY THE CITY COUNCIL of the City of Caldwell, Idaho, this 18th day of August, 1997. APPROVED BY THE MAYOR of the City of Caldwell, Idaho, this 18th day of August, 1997. 4 Am WW ATTEST: