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HomeMy WebLinkAbout1986-014 Sewage Collection SystemCITY OF CHUBBUCK, IDAHO RESOLUTION NO. 14-86 A RESOLUTION OF THE CITY OF CHUBBUCK, IDAHO, ADOPTED PURSUANT TO THE PROVISIONS OF CHAPTER 13.20 OF THE CHUBBUCK MUNICIPAL CODE, PROVIDING FOR THE EXTENSION OF THE CITY'S SEWAGE COLLECTION SYSTEM AT THE CITY'S EXPENSE; MAKING CERTAIN FINDINGS OF FACT AS REQUIRED BY CHAPTER 13.20 OF THE CHUBBUCK MUNICIPAL CODE; AND ESTABLISHING THE METHOD BY WHICH THE CITY WILL BE REIMBURSED BY INDIVIDUALS OR ENTITIES CONNECTING TO SAID EXTENSION OF THE CITY'S SEWAGE COLLECTION SYSTEM. WHEREAS, the extension of the City's sewage collection system described on Exhibit "A" hereto, is determined by the City Council to be in the best interest of the City and the property benefited by such extension; WHEREAS, because of the nature of the property which would be benefited by said extension of the City's sewage collection system, it is unlikely that the contemplated extension would be completed without the construction thereof by the City, or the establishment of a Local Improvement District pursuant to the provisions of Idaho Code ~ 50-1701 et ~seq.; WHEREAS, because of the nature of the property benefited by the extension described on Exhibit "A" hereto, the construction of the extension through the establishment of a Local Improvement District is impractical and would create an onerous burden on the benefited property, because the area is in transition and is only partially developed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CHUBBUCK: SECTION 1. Extension of Sewage Collection System. The Director of Public Works of the City of Chubbuck, Idaho is hereby directed and authorized to extend the City's sewage collection system in accordance with the description set forth in Exhibit A which is attached hereto and incorporated herein by reference as though set forth in full hereinafter. RESOLUTION - Page 1 ja 9T-13 SECTION 2. Properties Benefited. The City Council hereby determines that the property described on Exhibit B hereto will be benefited by the extension of the sewage collection system and is subject to the terms and provisions of this resolution. SECTION 3. Allocation of Cost to Benefited Property. Pursuant to the provision of Chapter 13.20 of the Chubbuck Municipal Code, it is hereby determined and ordered that prior to the connection of any of the property described in Exhibit B hereto to the City's sewage collection system, a fee shall be paid to the City of Chubbuck in an amount established in accordance with Section 4 of this Resolution. SECTION 4. Method of Allocation. The cost of installing and constructing the extension of the City's sewage collection system shall be allocated to the benefited property, as described on Exhibit B hereto, in accordance with the front foot method, whereby the amount allocated to any parcel of the benefited property shall bear the same relationship to the total cost of the extension as the parcel's front footage along Homestead Road bears to the total front footage of the property described in Exhibit B hereto. SECTION 5. Effective Date. This resolution shall be effective immediately after its adoption and passage. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this 9th day of September, 1985. ATTEST: CITY CLERK RESOLUTION - Page 2 ja 9T-13 o ~ o -- --I I,'-i -- 0 0 0 rll 0 0 0 0 0 Z 0 0 TERMS AND CONDITIONS fA) THE DONEE CERTIFIES THAT: (Il It isa public agency; ora nonprofit educational or public bealth institution or organization, exempt from taxation under Section 501 of the Internal Revenue Code of 1954; within the meaning of Section :2030) of the Federal Property and Administrative Services Act of 1949, as amended, and the regulations of the Administrator of General Services. (2) I f a public agency, the property i~ needed and will be used by tbe recipient for carrying out or promoting for the residents of a given political area one or more public purposes, or. if a nonprofit tax-exempt institution or organization, the property is needed for and will be used by the recipient for educational or public health purposes, and including research for such purpose. The property is not being acquired for any other use or purpose, or for sale or ot her distrib ution: or for perma ne nt use outside the state, except with prior approval of the state agency. (3) Funds are available lO pay all costs and charges incident to donation. (4) This transaction shall be subject to the nondiscrimination regulations governing the donation of surplus personal property issued under Title V 1 of the Civil Rights Act of 1964, Title VI, Section 606, of the Federal Property and Administrative Services Act of 1949, as amended, and Section 504 of the Rehabilitation Act of 1973, as amended, and Section 303 of the Age Discrimination Act of 1975, as amended, lB) THE DONEE AGREES TO THE FOLLOWING FEDERAL CONDITIONS: ( I ) All items of property shall be placed in use for t he purpose(s) for which acquired within one year of receipt and shall be continued in use for such purpose(s) for one year fro m the date t he property was placed in use. In thc event the property is not so placed in use, or continued in use, the donee shall immediately notify the state agency and, at the donee's expense, return such property to the state agency, or otherwise make the property available for transfer or other disposal by the state agency, provided the property is still usable as determined by the state agency. (2) Such special handling or use limitations as are imposed by General Services Administration (GSA) on any item(s) of property listed hereon. (3) In the event the propertyis not so used or handled as required by (B)(I) and (2), title and right to the possession ofsuch property shall at the opfion of GSA revert to the United States of America and upon demand tbe. do~nee s. ha_l! release such property to such person as GSA or its designee shall direct. (el THE DONEE AGREES TO THE FOLLOWING CONDITIONS IMPOSED BY THE STATE AGENCY, APPLICABLE TO ITEMS WITH A UNI'I' ACQUISITION COST OF $3,000 OR MORE AND PASSENGER MOTOR VEHICLES. REGARDLESS OF ACQUISITION COST, EXCEPT VESSELS 50 FEET OR MORE IN LENGTH AND AIRCRAFT: (1) The property shall be used only for thc purpose(s) for which acquired and for no other purpose(s). (2) There shall ye a period of restriction which will expire after such property has been used for the purpose(s) for which acquired for a period of 18 months from the date the property is placed in use. except for such items of major equipment, listed hereon, on which the state agency designates a further period of restriction: (3) I n t he event the property is not so used as required by (C)( I )and (2) and federal restrictions (B) (l) and (2) have expired then title and right to the possession of such property shall at the option of the state agency revert to the State of Idaho and the donee shall release such property to such person as the state agency shall direct, (D) THE DONEE AGREES TO THE FOLLOWING TERMS, RESERVATIONS, AND RESTRICTIONS: (1) From the date it receives the property listed hereon and through the period(s) of time the conditions imposed by (B3 and (C) above remain in effect, the donee shall not sell, t fade. lease, lend, bail, cannibalize, encumber, or otherwise dispose of such property, or remove it permanently, for use outside the state, without the prior approval of G S A under { B) or the state a, ge ney under { Cl. The proceeds from any sale, trade, lease, loan, bailment, encumbrance, or other disposal of the property, when such action is authorized by GSA or by the state agency, shall be remitted promptly by the donee to GSA or the state agency, as the case may be. (2) In the event any of the property listed hereon is sold. traded, leased, loaned, bailed, cannibalized, encumbered, or otherwise disposed of by the donee from the date it receives the property through the period(s) of time the conditions imposed by (B) and (C) remain in effect, without the prior approval of GSA or the state agency, the donee, a t the option of GSA or the state agency, shall pay to GSA or the state agency, as the case may be, the proceeds of the disposal or the fair market value or the fair rental value of the propert.~ at the time of such disposal, as determined by GSA or the state agency, (3) If an:~ time, from the date it receives the property through the period(s) of time the conditions imposed by (B) and (C) remain in effect, any of the property listed hereon is no longer suitable, usable, or further needed by the donee for the purpose(s) for which acquired, the donee shall promptly notify the state agency, and shall, as directed by the state agency, return the property to the state agency, release the property to another donee or another state agency or a department or agency of the United States, sell. or otherwise dispose of the property. The pro.ds from any sale shall be remitted promptly by the donee to the state agency. {4) The donee shall make reports to the state agency on the use, condition, and location oftbe property listed hereon, and on other pertinent matters as may be required from time to time by the state agency, (5} At the option of the state agency, the donee may abrogate the conditions set forth in (C) and the terms, reservations, and restrictions pertinent thereto in (D) by payment of an amount as determined by the state agency. (El THE DONEE AGREES TO THE FOLLOWING CONDITIONS. APPLICABLE TO ALL ITEMS OF PROPERTY LISTED HEREON: (1) The property acquired by the donee is on an "as is~, 'where is' basis, without warranty of any kind. (2) Where a donee carries insurance against damages to or loss of property due to fire or other hazards and where loss of or damage to donated property with unexpired terms, conditions, reservations, or restrictions occurs, the state agency will be entitled to reimbur~ment from the donee out of the insurance proc{axis, ofnn amount equal to the unamortized portion of the fair value of the damaged or destroyed donated items. (Fl TERMS AND CONDITIONS APPLICABLE TO THE DONATION OF AIRCRAFT AND VESSELS (50 FEET OR MORE IN LENOTH) HAVING AN ACQUISITION COST OF$3,000 OR MORE, REGARDLESS OF THE PURPOSE FOR WHICH ACQUIRED: The donation shall be subject to the terms, conditions, reservations, and r~trictions set forth in the Conditional Transfer Document executed by the authorized donee representative. G. THE DONEE AGREES TO THE FOLLOWING TERMS AND CONDITIONS IMPOSED BY THE STATE AGENCY APPLICABLE TO ITEMS WITH A UNIT ACQUISITION COST OF UNDER $3,000: There sh~ll be a period of restriction on all motor vehicles, requiring registration for license, which shall expire after such property has been used for the purpose(s) for which acquired for a period of 18 months from the date the property was placed in use.