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Home My WebLink AboutORD 3226BILL NO. 34 ORDINANCE NO. 3226 2019-035881 RECORDED 08/06/2019 02:21 PM IIIIIIIIII Illillllllllllll IIIIII III VIII I VIII III 00456815201900358810040041 CHRIS YAMAMOTO CANYON COUNTY RECORDER P9S=4 DLSTEPHENS NO FEE ORDINANCE CITY OF CALDWELL AN ORDINANCE OF THE CITY OF CALDWELL IDAHO, CREATING LOCAL IMPROVEMENT DISTRICT NO. 19-2 FOR CALDWELL IDAHO, FOR THE CONSTRUCTION OF SANITARY -SEWER IMPROVEMENTS; 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. BE IT THEREFORE ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CALDWELL, IDAHO: Section 1: There is hereby created a Local Improvement District (L.I.D.) in the City of Caldwell, Idaho, to be called Local Improvement District No. 19-2, for sewer improvements; the boundary of the real property is situated in Section 33, Township 4 North, Range 3 West, SE Higer Subdivision, Lot 8, Block 1, Caldwell, Canyon County, Idaho and that the boundaries of the L.I.D. includes only the property of 3618 S. 10th Avenue, Canyon County Account number 22655000. Section 2: The L.I.D. 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 City Council has. heard, considered, and passed upon all protests which were filed in writing in advance of the hearing, or were set forth in the proceedings of said hearing. 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 .said improvements are further and additional, with a total estimated cost of $120,319.00; the property shall be assessed for construction cost; value of the property, determined by the current assessed valuation as shown by the records of the Assessor of Canyon County, within the district exceeds the sum of the estimated costs to be assessed against the property. Section 6: The general character of the improvements shall be the design and construction of the following approximate _quantities: 418 LF 8" Sewer Pipe 3 EA 48" Sewer Manhole 2 EA 4" Sewer Services Section 7: The aforementioned improvements shall be made and the portion of the cost to be levied against the benefited property within the City of Caldwell city limits shall be assessed against the benefited parcels in the following manner: The total costs and expenses of providing and installing sanitary sewer mains, sanitary sewermanholes, and asphalt or other road resurfacing shall be summed, and the total cost divided and assessed equally among the abutting, adjoining, adjacent and/or benefited lots and lands. Costs and expenses for extension of sewer service lines shall be assessed solely to the benefiting lot or land within the City of Caldwell city limits. Section 8: Each lot and parcel of land shall be separately assessed for said debt or cost and expense by a levy of special assessments 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. The costs and expenses of connection fees or the extension of service lines upon private property are not part of the improvements for L.I.D. 19-2. Section 9: 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. Section 10: The City Engineer is hereby directed to make an assessment roll according to the provisions of Idaho Code, Section 50-1712. Section 11: 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 digitally through sources stated in the notice. The notice shall also state that the 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 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 after the time set for opening of bids. Section 12: 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. Section 13: This ordinance shall take effect and be enforced upon its passage, approval and publication. PASSED BY THE COUNCIL of the City of Caldwell, Idaho, this 5t' day of August, 2019. PASSED BY THE MAYOR of the City of Caldwell, Idaho this P day of August, 2019. ATTEST: A 16%Emu m 1 Mayor •.•` CIT y �., ff,'•,. OIN • n 1 Mayor Caldwell, Idaho Legend !Tax Parcels City Or Caldwell AIOWE w T s MEMORANDUM TO: Caldwell City Council Meeting Date: August 5, 2019 CALDWELL 4 IDAH AGENDA ITEM INFORMATION SUBJECT: Pass an Ordinance for the formation of L.I.D 19-2, an L.I.D for the construction of a sewer extension on Amber Street, through the intersection of 10th Avenue. Department Submittals X to Initials mark Building Department CDBG Clerk City Attorney Finance Department Human Resources Planning & Zoning Fire Department Police Department Public Works Street Department Water Department W WTP Engineering X AL COSTIMPACT: Project/Construction Estimated: $120,320.00 Mapping Parks and Recreation FUNDING SOURCE. Airport Information Systems Golf Course TIMELINE: Work to be completed within thirty days of Notice to Proceed. OTHER: SUMMARY STATEMENT: At the Public Hearing the City Council must take written and verbal testimony both for and against the formation of the proposed Local Improvement District (L.I.D.), which will allow the property owners to construct a sewer extension. 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 and Bill creating the L.I.D. As this is a voluntary program there may be no protests against its formation. The Ordinance gives authorization for the L.I.D. project to go to bid. RECOMMENDED ACTION: The Engineering Department recommends ratifying the Resolution of Intention and pass the Bill creating L.I.D. 19-2 under a suspension of the rules on the first reading. This will allow the City to go to bid for the sewer extension project. NOTICE OF INTENTION AND PUBLIC HEARING TO CREATE LOCAL IMPROVEMENT DISTRICT NO. 19-2 TO BE HELD BY THE CITY COUNCIL OF CALDWELL, IDAHO Notice is hereby given that the City Council of Caldwell, Idaho, declares their intention to create Local Improvement District 19-2, for the construction of sanitary sewer improvements, and installation of sanitary sewer service lines to a portion of Amber Street (intersection with 10th Avenue). Said project has an estimated cost of $120,319.00. A public hearing will be held on August 5, 2019 at 7:00 p.m. in the Caldwell Police Department Meeting Room, located at 110 S. 5th Avenue, Caldwell, Idaho. All interested persons are invited to attend said Public Hearing or submit written comments to the City Clerk prior to 4:00 pm on the day of the hearing. Dated this 16th day of July, 2019 By: Angela Lively, City of Caldwell Engineering Dept. Publish July 23, 24, and 25, 2019