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HomeMy WebLinkAboutORD 30372016-004105 RECORDED 02/03/2016 09:24 AM 11111111111111111111111111111111111111111111111111 00212644201600041050020026 CHRIS YAMAMOTO CANYON COUNTY RECORDER Pgs=2 SDUPUIS NO FEE ORDINANCE BILL NO. II CALDWELL CITY OF ORDINANCE NO. 3037 AN ORDINANCE OF THE CITY OF CALDWELL IDAHO, CREATING LOCAL IMPROVEMENT DISTRICT NO. 16-2 FOR CALDWELL IDAHO, FOR THE CONSTRUCTION OF CONCRETE CURBS, GUTTERS, DRIVE APPROACHES AND SIDEWALKS IMPROVEMENTS; PROVIDING FOR THE LEVYING OF ASSESSMENTS UPON THE PROPERTY TO BE BENIFITTED 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. 16-2, for curb and sidewalk improvements; the boundaries of the real property included herein are in accordance with the Resolution of Intention, which was therefore and hereby is adopted, ratified and approved; and the boundaries of said district and 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 City of Caldwell Section 2: The district is in the best interests of both the property affected and the City of Caldwell and there is reasonable probability that the obligations of the district will be paid. Section 3: The value of the property within the district, including the proposed improvements, is sufficient. Section 4: The property shall be assessed for construction costs not paid by the City; said amount is estimated to be $80,000.00 provided however, said costs shall not exceed the actual cost of constructing the right-of-way improvements together with expenses set forth in section 5. The City will pay 25% of each property owner's total construction costs. Section 5: 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 shall be assessed in proportion to the cost of providing said improvements, sufficient to cover the total cost and expense of the work. The cost and expense 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. Section 6: The City Engineer is hereby directed to lake 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 two 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 be examined or obtained. The notice shall also state that the bidder shall accompany his bid with a certified check or bid bond incompliance with Idaho Code Section 50-311 in the amount of five percent (5%) of his bid and in the case the contract for such work is awarded to such bidder, and 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 all bids, to waive informalities, or to accept the proposal of the lowest responsible bidder, and that no bidder may withdraw his bid ager the time set for opening of bids. 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, and each part hereof, irrespective of parts declared invalid, unauthorized or unconstitutional. PASSED BY THE COUNCIL of the City of Caldwell, Idaho, this 1"day of February, 2016. PASSED BY THE MAYOR of the City of Caldwell, Idaho this 1 't day of February, 2016. ATTEST: Debbie Geyer, City 04k APPROVED: Garret Nancolas, Mayor C 006 ,,. 00 -. IPO r MEMORANDUM To: Mayor and City Council From: Robb Macdonald P.E., M.S.C.E.,- City Engineer V_K/� T.J. Frans — Engineering Technician III Re: Passage of an Ordinance for the formation of L.I.D. 16-2 for construction and replacement of concrete curbs, gutters, sidewalks, pedestrian ramps and driveway approaches in the City of Caldwell Date: February 1, 2016 Request: 1. Hold Protest Hearing 2. Ratify the Resolution of Intention 3. Pass the Bill creating L.I.D. 16-2 At the Public Hearing the Council must take written and verbal testimony both for and against the formation of the proposed L.I.D. This L.I.D. will allow property owners to install and replace miscellaneous concrete work on public right-of-way. The L.I.D. will allow property owner's to finance the work over a ten-year period. The city will pay 25% of each property owners assessed improvements within the public right-of-way. After hearing the testimony, the Council must determine if it is in the best interest of the City to ratify the Resolution of Intention, and if so, to pass the ordinance or bill creating the local improvement district. As this is a voluntary L.I.D. there may be no protests against its formation. The ordinance gives authorization for the L.I.D. project to go to bid. Proposed Action: Ratify the Resolution of Intention and pass the Bill creating L.I.D. 16-2 under a suspension of the rules on the first reading. This will allow the City to go to bid for the sidewalk replacement project