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HomeMy WebLinkAboutORD 2402• BILL NO. 38 ORDINANCE NO. 2402 0 AN ORDINANCE OF THE CITY OF CALDWELL IDAHO, CREATING LOCAL IMPROVEMENT DISTRICT NO. 014 FOR CALDWELL IDAHO, FOR THE CONSTRUCTION OF CONCRETE CURBS, GUTTERS, DRIVE APPROACHES, SIDEWALKS, DECORATIVE SIDEWALKS, LANDSCAPING AND STREET LIGHTS IN THE DOWNTOWN AREA OF SAID CITY; SETTING FORTH THE PROPERTIES TO BE INCLUDED IN SAID DISTRICT; PROVIDING FOR THE LEVYING OF ASSESSMENTS UPON THE PROPERTY TO BE BENEFITED BY SUCH IMPROVEMENTS AND FOR THE BASIS OF MAKING SAID ASSESSMENTS; APPOINTING AN ENGINEER; PROVIDING FOR MAKING THE ASSESSMENT ROLL, AUTHORIZING THE PUBLICATION OF A CALL FOR CONSTRUCTION BIDS; PROVIDING FOR THE ISSUANCE OF LOCAL IMPROVEMENT DISTRICT BONDS AND WARRANTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR THE PUBLICATION AND EFFECTING DATE OF THIS ORDINANCE. 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. 01-4, for Downtown Curb, Gutter and Sidewalk 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 downtown area of the City of Caldwell defined in the Resolution of Intention and as more particularly described in the list for L.I.D. 01-4 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 $150,000 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. The City will pay 25% of each property owner's final assessment for concrete work. The property owner will pay 75% of the cost for concrete work and 100% of the cost for landscaping and street lights. 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 fees, and clerical services, advertising, cost of inspection, cost of collecting assessments, and interest upon warrants, if issued. 0 0 Section 4: The City Council hereby finds that such apportionment is equitable and is based upon the special benefits each parcel will receive from the project. Section 5: 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 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 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 7. 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. 014 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 assessments paid in full and proceeds of the sale of said bonds. Section 8: 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 9: This ordinance shall take effect and be in force upon its passage, approval and publication. 1 � r J .. e ti .�