HomeMy WebLinkAboutORD 22930
BILL NO. 33
ORDINANCE NO. 2193
AN ORDINANCE OF THE CITY OF CALDWELL IDAHO, CREATING LOCAL
IMPROVEMENT DISTRICT NO. 99 -5, FOR THE CONSTRUCTION OF CERTAIN
STREET, SEWER, AND STORM DRAIN IMPROVEMENTS IN LINDEN STREET;
DESCRIBING AND SETTING FORTH THE BOUNDARIES OF SAID DISTRICT;
PROVIDING FOR THE IMPROVEMENTS TO BE MADE THEREIN; APPOINTING AN
ENGINEER; AUTHORIZING THE ADVERTISING FOR BIDS FOR SAID WORK;
PROVIDING FOR THE ASSESSMENT OF COSTS AND EXPENSES OF SAID
IMPROVEMENTS AGAINST THE PROPERTY WITHIN THE DISTRICT BENEFITED
THEREBY AND THE METHOD OF ASSESSMENTS; PROVIDING FOR THE
ISSUANCE OF LOCAL IMPROVEMENT DISTRICT BONDS AND WARRANTS;
PROVIDING SEPARABILITY; AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE OF THIS ORDINANCE
BE IT ORDAINED by the Mayor and Council of the City of Caldwell, Idaho:
Section 1. The City Council of Caldwell, Idaho hereby finds and declares:
a. That Local Improvement District No. 99 -5 will be in the best interests of the property affected
and of the City;
b. That there is a reasonable probability that the obligations of Local Improvement District No.
99 -5 will be paid;
c. That the value of the property subject to assessment within Local Improvement District No. 99-
5 (such value being determined by the current assessed valuation of such property for ad
valorem tax purposes, as shown by the records of the Assessor of Canyon County, Idaho)
exceeds the sum of the estimated costs to be assessed against the property included in Local
Improvement District No. 99 -5 and;
d. That the City Council has heard, considered, and passed upon all protests which were filed in
writing in advance on the hearing, as more fully set forth in the proceedings of said hearing.
Section 2: There is hereby created and established a local improvement district within the City of
Caldwell, Idaho, to be designated "Local Improvement District No. 99 -5" (LID No. 99 -5), the
boundaries of which Local Improvement District are described as follows:
The district is situated in portions of the SE' /4 of Section 26 and the NE' /a of Section 35, Township
4 North, Range 3 West, Boise Meridian, Canyon County, Idaho with the boundaries of the
improvement district to be formed being described as follows:
BEGINNING at the section corner common to Sections 25, 26, 35, 36, Township 4 North,
Range 3 West, Boise Meridian, Canyon County, Idaho; thence
South 0 °25'26" West along the Easterly boundary of said NE '/4 of Section 35 a distance of
1313.19 feet to the SE corner of said NE' /4 of Section 35; thence
North 89 West along the Southerly boundary of said NE '/4 of Section 35 a distance
of 76.78 feet to a point on the Northeasterly right -of way boundary of the Union Pacific
Rail Road; thence
North 46 0 13'53" West along said the Northeasterly right -of way boundary of the Union
Pacific Rail Road a distance of 3407.50 feet to a point on the Westerly boundary of said SE
' /4 of Section 26; thence
North 0 °37' 18" East along said Westerly boundary of the SE 1 /4 of Section 26 a distance of
289.68 feet to the NW corner of said SE '/4 of Section 26; thence
South 89 0 48'40" East along the Northerly boundary of said SE %4 of Section 26 a distance
of 141.31 feet to a point on the centerline of Indian Creek; thence traversing said centerline
of Indian Creek as follows:
South 62 °45'45" East a distance of 15.24 feet; thence
South 55 °17'44" East a distance of 162.53 feet; thence
205.67 feet along the are of a curve left having a central angle of 43 °24'57 ", a radius of
271.43 feet, a long chord bearing South 77'l O' 12" East 200.79 feet; thence
North 81 °17'21" East a distance of 226.76 feet; thence
North 67'52'17" East a distance of 116.69 feet; thence
South 85'34'14" East a distance of 128.24 feet; thence
South 27 °12'03" East a distance of 64.11 feet; thence
South 67 °39'27" East a distance of 112.39 feet; thence
South 50 °00'50" East a distance of 132.21 feet; thence
South 39"11'59" East a distance of 76.54 feet to a point on the Westerly boundary
of the SE 1 /4 of said SE '/4 of Section 26; thence leaving said centerline of Indian Creek
South 0 °36'33" West along said Westerly boundary of the SE 1 /4 of said SE' /4 of Section 26
a distance of 61.34 feet; thence
South 38 °52' 17" East a distance of 208.54 feet; thence
South 61 East a distance of 183.33 feet; thence
North 86 °49'26" East a distance of 493.52 feet; thence
North 28'19'43" West a distance of 20.93 feet; thence
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North 88 East a distance of 197.91 feet; thence
South 49 °48'42" East a distance of 138.00 feet; thence
South 19 °48'42" East a distance of 704.96 feet to the POINT OF BEGINNING.
Section 3: The improvements to be made within LID No. 99 -5 are as follows;
470
LF
18 -inch Drain Pipe
757
LF
15 -inch Drain Pipe
199
LF
12 -inch Drain Pipe
4
EA
Manholes
2
EA
Sand/Grease Traps
3
EA
Remove Trees
45,306 SF Paving & Base
2,796 LF Vertical Curb & Gutter
1,286 SF 4 -inch Concrete Sidewalk
1,385 SF 6 -inch Concrete Approach
5 EA Catch Basins
In addition, members of the District shall be allowed to include by their request, additional
quantities of street, sewer, and drainage improvements along their frontages and to have the
costs of those added improvements levied against the benefited lands and lots as long as the
total cost of all improvements does not exceed the assessed valuation of such property for
ad valorem tax purposes.
Section 4: Each parcel of land shall be separately assessed for the debt or cost and expense of
providing such property frontage improvements as sewer service (including piping and manholes),
curb, gutter, and concrete sidewalks and approaches that abut, adjoin, service, or front said parcel of
land. These improvements shall be assessed on a front foot, square foot, or per each unit method of
assessment for each property so assessed.
Section 5: Each parcel of land shall be separately assessed for the debt or cost and expense of
providing such improvements as storm drainage (including piping, manholes, sand/grease traps,
and catch basins) and street widening (including excavation, tree removal, base material, and
paving) by a benefits derived method of assessment, based on the construction cost of providing
said improvements multiplied by the percentage of average vehicle trips for Linden Street. Said
percentage is derived from the average number of vehicle trips generated from each property (as
specified in the "Trip Generation" manual by the Institute of Transportation Engineers) divided by
the average number of vehicle trips for Linden Street (obtained from Idaho Transportation
Department traffic counter #225 on Linden Street for the months of October 1998 — March 1999).
Section 6: The total estimated cost of said improvements is $225,000.00 and shall be paid from a
levy of special assessments against the abutting, adjoining, contiguous, adjacent, and/or lots and
lands benefited and included in LID No. 99 -5, each parcel of land being separately assessed for the
cost thereof, on the basis set forth in Sections 4 and 5 of this Ordinance. Said assessments may be
paid in ten equal annual installments of principal and interest as nearly as practicable, if not
otherwise paid as provided by law.
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Section 7: Costs and expenses assessed as herein provided shall include the contract price of the
improvements, engineering and clerical services, advertising, cost of inspection, costs of collecting
assessments, interest on any warrants issued, legal services for preparing the proceedings and in
advising in regard thereto, and the costs of acquiring land, if necessary.
Section 8: The City Council hereby finds that such apportionment is equitable and is based upon
the special benefits each parcel will receive from this project.
Section 9: The City Engineer is hereby appointed as Engineer for the project and shall prepare the
necessary plans and specifications for the construction of the improvements, advertise for Bid and
prepare an Assessment Roll, as provided by Sections 50 -1710 and 50 -1712, Idaho Code.
Section 10: To provide for the immediate payment of the improvements herein provided for,
pending the payment of the installments on assessments herein above provided for, the City shall
issue bonds as provided by Sections 50 -1715, 50 -1722, and 50 -1724, Idaho Code. For the purpose
of making payments for said sale of bonds, the City may issue warrants against LID No. 99 -5
assessments, payable to the contractor or other persons upon the estimate of the Engineer, bearing
interest at not in excess of allowable limitations as determined by the City, which warrants, together
with interest thereon to the date of the issuance of the bonds, if issued, shall be redeemed and
retired by the proceeds of the assessments paid in full and proceeds of the sale of said bonds.
Section 11: 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.
Section 12: 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.
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