HomeMy WebLinkAboutORDINANCE NO. 632 LID 25ORDINANCE NO. 632
AN ORDINANCE ESTABLISHING AND CREATING LOCAL IMPROVEMENT
DISTRICT NO. 25 FOR THE CITY OF REXBURG, IDAHO, FOR
THE PURPOSE OF CAUSING CERTAIN STREETS AND PARKING LOTS
WITHIN THE CORPORATE LIMITS OF THE CITY OF REXBURG,
IDAHO, TO BE GRADED, RE- GRADED, GRAVELED, PAVED, RE
PAVED, LANDSCAPED, LIGHTED, STRIPED, AND OTHERWISE
IMPROVE THE HEREINAFTER DESCRIBED AREAS WITHIN THE
DISTRICT, AND TO CONSTRUCT AND RE- CONSTRUCT CURBS,
GUTTERS, SIDEWALKS, DRAINAGE FACILITIES AND OTHER WORK
INCIDENTAL TO ALL THE FOREGOING IMPROVEMENTS ALONG
SAID AREAS; DESCRIBING THE BOUNDARIES, THE IMPROVEMENTS
WHICH SHALL BE MADE, PROVIDING FOR THE TOTAL COSTS AND '
EXPENSES THEREOF. TO BE ASSESSED ACCORDING TO THE
PERCENTAGE OF CALCULATION HERETOFORE DETERMINED ON ALL
BENEFITTED PROPERTY IN THE DISTRICT BY USING THE
METHOD OF ASSESSMENT CONTEMPLATED IN THE NOTICE OF
INTENTION; PROVIDING FOR THE APPOINTMENT OF ENGINEERS
TO PREPARE THE NECESSARY PLANS AND SPECIFICATIONS
FOR THE CONSTRUCTION WORK ORDERED; AUTHORIZING THE
ADVERTISEMENT OF BIDS THEREFOR BY GIVING NOTICE OF
CALLING FOR SEALED BIDS FOR THE CONSTRUCTION WORK AND
AWARD THEREOF TO THE LOWEST BIDDER AND THE EXXECUTION
OF CONSTRUCTION CONTRACTS AS PROVIDED BY SECTION
50 -1110, IDAHO CODE; PROVIDING SEPARABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on the 18th day of February, 1981, the City
Council of the City of Rexburg, Madison County, Idaho, adopted a
Resolution declaring the intention to create Local Improvement
District No. 25 to cause certain streets and parking lots within
the corporate limits of the City of Rexburg, Idaho, to be araded,
re- graded, graveled, paved, re- paved, landscaped, lighted,
striped, and otherwise improve the hereinafter described areas
within the District, and to construct and re-- construct curbs,
gutters, sidewalks, drainage facilities and other work incidental
to all the foregoing improvements along said areas, which
resolution authorized the publication and mailing of notice of
intention to construct such improvements and to create such
Local Improvement District, and
WHEREAS, such notice was duly published and mailed as
provided by law, and
WHEREAS, on the 11th day of March, 1981, the City
Council met at the hour of 8 o'clock P.M, for the purpose of
hearing protests against the creation of the proposed district
and /or the construction of said improvements, and other
objections in relation thereto, and
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WHEREAS, the Council heard and passed upon the
protests made against the proposed Improvement District and
the creation thereof and by motion duly made, seconded and
carried., specifically ratified and confirmed Resolution No. 1
pertaining to Local Improvement District No. 25 and makes the
following findings:
(a) That notice of the public hearing upon the said
Resolution of intent to create said Local Improvement District
(by publication of notice in the Rexburg Standard- Journal and
by mailing notice to each property owner) as given by the
City Clerk was given in the manner required by law and is
therefore ratified and confirmed;
(b) That the creation of said Local Improvement
District will be for the best interest of the property affected
and the City;
(c) That there is reasonable probability that the
obligations of the District will be paid considering that the.
values of the property, exclusive of improvements herein
ordered to be made, is not less than the sum of $15,500,000.00
and that the estimated cost of the improvements is in the
amount of $200,000.00, of which amount $150,000.00 shall be
levied and assessed against the property owners benefitted by
such improvements and $50,000.00 shall be paid from the general
funds of the City of Rexburg;
(d) That the market value of the property as deter-
mined by the Assessor of Madison County in the amount of
$15,500,000.00 is hereby deemed, fixed and established as the
actual value of the property (real property and improvements
thereon) situate within the boundaries of said proposed District,
and that said actual value is determined to be in compliance
with, and therefore sufficient to sustain the security for pay-
ment of the proposed improvements, the value limitations
described in Section 50--1711, Idaho Code; and
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(e) That the total costs and expenses thereof shall
be assessed according to the percentage of calculation on all
benefitted property in the District by using the method of
assessment contemplated in the notice of intention, subject
to any variation therefrom as a result of the Council's
determining that the benefits to be derived by certain lots
or parcels of property warrant such variations.
WHEREAS, all preliminary steps and proceedings neces-
sary for the creation of said improvement district and the
construction of the proposed improvements therein have been
duly taken and adopted.
THEREFORE, BE IT ORDAINED by the Mayor and the Council
of the City of Rexburg, Idaho:
Section 1. That there shall be and there hereby is
created a local improvement district in the City of Rexburg,
Idaho, to be known and designated "Local Improvement District
No. 25, City of Rexburg, Idaho ", which shall include all of
the lots, lands and parcels of real property within the boundaries'
of said District.
Section 2. Said District is within the City of
Rexburg, Idaho, and is more particularly described as follows:
1. Description for assessment numbers 1, 2A, 87 to
91 inclusive, and 110.
Commencing at the Northwest corner of tot 2; Block
37, of the Original City of Rexburg Townsite Plat,
.Madison County, Idaho, as per recorded Plat thereof;
and running thence South 155.0 feet; thence East
660.0 feet; thence North 155.0 feet; thence West
660.0 feet to the point of beginning.
2. Description for assessment numbers 2B to 6 inclusive.
Commencing at a point 175.0 feet South of the North-
west corner of Lot 2, Block 37, of the Original City
of Rexburg Townsite Plat, Madison County, Idaho, as
per recorded Plat thereof; and running thence South
320.0 feet; thence East 330.0 feet; thence North
165..0 feet; thence West 100.0 feet; thence North
155.0 feet; thence West 230.0 feet to the point of
beginning.
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3. Description for assessment numbers 7 to 16 inclusive.
Commencing at the Northeast corner of Lot 1, Block
38, of the Original City of Rexburg Townsite Plat,
Madison County, Idaho, as per recorded plat thereof;
and running thence West 303.0 feet; thence South
150.0 feet; thence East 223.0 feet; thence South 5.0
feet; thence East 80.0 feet; thence North 155.0 feet
to the point of beginning.
4. Description for assessment numbers 17 to 21 inclusive,
47, 48, 50, and 51 and parking areas to be improved.
Commencing at the Southeast corner of lot 4, Block
38,, of the Original City of Rexburg Townsite Plat,
Madison County, Idaho, as per recorded plat thereof;
and running thence North 495 feet; thence West 303.0
feet; thence South 495.0 feet; thence East 72.0 feet;
thence North 80.0 feet; thence East 124.5 feet;
thence South 17.0 feet; thence East 15.0 feet; thence
South 63.0 feet; thence East 91.5 feet to the point
of beginning.
5. Description for assessment numbers 22 to 41 inclusive
and parking areas to be improved_
Commencing at the Northwest corner of Lot 2, Block
38, of the Original City of Rexburg Townsite Plat,
Madison County, Idaho, as per recorded plat thereof;
and running thence South 325.0 feet;. thence East
297.0 feet; thence North 160.0 feet; thence West
99.0 feet; thence North 15.0 feet; thence East 99.0
feet; thence North 150.0 feet; thence West 297.0
feet to the point of beginning.
6. Description for assessment numbers 42 to 46 inclusive,
49, 49A, 114, and parking areas to be improved.
Commencing at a point which is 33.0 feet West and
49.5 feet South of the Northeast corner of Lot 3,
Block 38, of the Original City of Rexburg Townsite
Plat, Madison County, Idaho, as per recorded plat
thereof; and running thence West 297.0 feet; thence
South 231.0 feet; thence East 132.0 feet; thence
South 49.5 feet; thence East 49.5 feet; thence North
165.0 feet; thence West 33.5 feet; thence North
66.0 feet; thence East 50.0 feet; thence South 40_0
feet; thence East 99.0 feet; thence North 89.5 feet
to the point of beginning.
7. Description for assessment numbers 52 to 63 inclusive
and 92 to 98 inclusive, 112 & 113, and parking areas
to be improved.
Commencing at the Northeast corner of Lot 1, Block
39, of the Original City of Rexburg Townsite Plat,
Madison County, Idaho, as per recorded plat thereof;
and running thence West 660.0 feet; thence South
132.0 feet; thence East 165.0 feet; thence South
99.0 feet; thence West 165.0 feet; thence South 99.0
feet; thence East 265.0 feet; thence South 330.0
feet; thence. East 395.0 feet; thence North 660.0
feet to the point of beginning.
8. Description for assessment numbers 64 & 65.
Commencing at the Southeast corner of Lot 4,
Block 32 of the Original City of Rexburg Plat,
Madison County, Idaho, as per recorded Plat
thereof; and running thence West 165.0 feet;
thence North 165.0 feet; thence East 165.0 feet;
thence South 165.0 feet; to the point of beginning.
9. Description for assessment numbers from 66 to 79
inclusive, also from 100 to 104 inclusive.
Commencing at the 'Northeast corner of Lot 1, Block
33 of the Original City of Rexburg Townsite Plat,
Madison County, Idaho, as per recorded. Plat thereof
and sunning thence West 146.0 feet; thence South
95.0 feet; thence West 85.0 feet; thence South 20.5
feet; thence West 99.0 feet; thence North 115.5
feet; thence West 82.5 feet; thence South 165.0
feet; thence West 247.5 'feet; thence South 147.5
feet; thence East 165.0 feet; thence South 222.25
feet; thence West 40.0 feet; thence South 22.25
feet; thence West 14.0 feet; thence South 35.0 feet;
thence West 111.0 feet; thence South 82.5 feet;
thence East 660.0 feet; thence North 379.5 feet;
thence West 330.0 feet; thence North 49.5 feet;
thence East 330.0 feet; thence North 231.0 feet
to the point of beginning.
10. Description for assessment number 80A:
Commencing at the Northwest corner of Lot 3, Block
34, of the Original City of Rexburg Townsite Plat,
Madison County, Idaho, as per recorded Plat thereof
and running thence East 193.0 feet; thence South
115.5 feet; thence West 28.0 feet; thence South
49.5 feet; thence West 165.0 feet; thence North
165.0 feet to the point of beginning.
11. Description for assessment numbers 80B to 86
inclusive, also number 109.
Commencing at the Southwest corner of Lot 3, Block
34, of the Original City of Rexburg Townsite Plat,
Madison County, Idaho, as per recorded plat thereof,
and running thence East 396.0 feet; thence North
165.0 feet; thence West 66.0 feet; thence South 16.5
feet; thence West 330.0 feet; thence South 148.5
feet to the point of beginning.
12. Description for assessment number 99.
Commencing at the Southwest corner of Lot 3`, Block
32, of the Original City of Rexburg Townsite Plat,
Madison County, Idaho, as per recorded Plat thereof,
and running thence North 131.25 feet; thence East
90.25 feet; thence South 131.25 feet; thence West
90.25 feet to the point of beginning.
13. Description for assessment number 105.
Commencing at a point 176.5 feet North of the
Southeast corner of Lot 4, Block 34 of the Original
City of Rexburg Townsite Plat, Madison County, Idaho,
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as per the recorded Plat thereof, and running thence
North 137.0 feet; thence West 165.0 feet; thence
South 99.0 feet; thence East 80.0 feet; thence South
38.0 feet; thence East 85.0 feet to the point of
beginning.
14. Description for assessment number 106, 115 and 116.
Commencing at the Northeast corner of Lot 1, Block
34, of the Original City of Rexburg Townsite Plat,
Madison County, Idaho, as per the recorded Plat
thereof, running thence West 100.0 feet; thence
South 99.0 feet; thence West 59.25 feet; thence
South 82.5 feet; thence West 70.75 feet; thence
South 132.0 feet; thence East 230.0 feet; thence
North 313.5 feet to the point of beginning.
15. Description for assessment numbers 107 & 108.
Commencing at a point which is 16.5 feet North of
the Southwest corner of Lot 2, Block 34, of the
Original City of Rexburg Townsite Plat, Madison
County, Idaho, as per recorded Plat thereof, and
running thence East 164.5 feet; thence North 99.0
feet; thence West 61.25 feet; thence South 49.5
feet; thence West 102.75 feet; thence South 49.5
feet to the point of beginning.
16. Description for assessment number 111.
Commencing at a point which is 77.5 feet North of
the Southeast corner of Lot 1, Block 37, of the
Original City of Rexburg Townsite Plat, Madison
County, Idaho, as per recorded Plat thereof; and
running thence North 77.5 feet; thence West 165.0
feet; thence South 77.5 feet; thence East 165 -.0
feet to the point of beginning.
Section 3. The areas to be improved or areas
along which the improvem=_nts are to be made, the points
between which improvements are to be made and the kind and
character of the proposed improvements along and upon such
areas are as follows: Parking Lot Improvements: Grading,
Paving, Drainage, Sidewalks, Landscaping, Lighting, Striping,
etc.
1. Parking Lot A
Commencing at a point which is 5.0 feet North of
the Southwest corner of Lot 2, Block 38, of the
Original City of Rexburg Townsite Plat, Madison
County, Idaho, as per recorded Plat thereof; and
running thence East 141.5 feet; thence North 94.0
feet; thence East 56.5 feet; thence North 16.5
feet; thence West 49.5 feet; thence North 49.5
feet; thence West 49.5 feet; thence South 49.5
feet; thence West 99.0 feet; thence South 110.5
feet to the point of beginning.
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2. Parking, Lot B
Commencing at a point which is 165.0 feet South
of the Northeast corner of Lot 1, Block 38, of
the Original City of Rexburg Townsite Plat, Madison
County, Idaho, as per recorded Plat thereof; and
running thence West 165.0 feet; thence South 165.0
feet; thence East 165.0 feet; thence North 165.0
feet to the point of beginning.
3. Parking Lot C
Commencing at a point which is 247.5 feet North
of the Southeast corner of Lot 4, Block 38, of the
Original City of Rexburg Townsite Plat, Madison
County, Idaho, as per recorded Plat thereof, and
running thence North 24.0 feet; thence West 165.0
feet; thence South 24.0 feet; thence East 165.0 feet
to the point of beginning.
4. Parking Lot D
Commencing at a point which is 49.5 feet South of
the Northwest corner of Lot 3, Block 38, of the
Original City of Rexburg Townsite Plat, 'Madison
County, Idaho, as per recorded plat thereof; and
running 'thence South 49.5 feet; thence East 132.0
feet; thence North,49.5 feet; thence West 132.0
feet to the point of beginning.
5. Parking Lot E
Commencing at a point which is 151.83 feet North
of the Southeast corner of Lot 4, Block 39, of the
Original City of Rexburg Townsite Plat, *Madison
County, Idaho, as per recorded Plat thereof; and
running thence West 165.0 feet; thence North 13.17
feet; thence West 45.0 feet; thence North 165.0
feet; thence East 79.0 feet; thence South 38.0 feet;
thence East 10.0 feet; thence South 15.0 feet;
thence East 38.0 feet; thence South 52.5 feet;
thence East 83.0 feet; thence South 72.67 feet to
the point of beginning.
Curb and Gutter
1. Carlson Avenue between lst East and Center, curb
and gutter on both sides.
Paving
1. Carlson Avenue between 1st East and Center.
Section 4. That the total estimated cost of the aforesaid
improvements is $200,000.00. $150,000.00 of the cost and
expenses of said District and of said improvements is to be paid
by assessments against the lots and lands abutting, adjoining and
being improved within the area of the District, and against
lots and lands benefited by such improvements and included
within said District, each lot and parcel of land being assessed
separately for the debt thereof according to a front foot method,`
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or a square foot method, or a combination thereof, or in pro-
portion to the benefits derived to such property by said improve-
ments, subject to any variations therefrom to be determined by
the Council.
The cost and expenses of said improvements within
street and alley intersections, namely, the sum of $50,000.00 is,
in the judgment of the City Council, a fair and equitable portion'
of the total cost and expenses of said District and of said
improvements to be expended from the general funds of the City
in consideration of the benefits accruing to the general public
by reason of such improvements and shall be paid out of the
general funds of the City.
The Council declares that the value of the property
within the Local Improvement District is $15,500,000.00.
Section 5. The Council of Rexburg, Idaho, hereby
appoints Forsgren - Perkins as city engineer for said Local
Improvement District No. 25 and further directs and requires
said engineer to:
(a) Prepare the necessary plans and specifications
for the.construction of the work and improvement herein
ordered for approval by the Council in order to call for bids '
and, upon receipt of bids, thereby award a contract to the
lowest responsible bidder for the construction of said work
and improvement in the manner and form required by Section
50 -1710, Idaho Code; and
(b) After the award of a contract as provided in
subparagraph (a) above, prepare and submit a report to the
Council (i) showing in detail the total costs and expenses of
the improvements and the dollar amounts payable from assessments
and from any other sources, and (ii) containing a form of an
assessment roll which shall contain, among other things, the
number of each assessment, the name of the owner, if known,
a description of each lot, parcel or tract of real property
assessed, the amount chargeable to each lot, parcel or tract of
real property within the boundaries of said Local Improvement
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District according to the method of assessment originally con
templated by the Council subject to any variations therefrom as
a result of the engineer's recommendation that the benefits to
be received by any lot or parcel of property warrant such a
variation from the method chosen, all to be detailed in the
report.
Section 6. At the time and place appointed for a
hearing of objections to said Assessment Roll, or a reasonable
time thereafter, the Council shall consider the engineer's
report and the Assessment Roll and hear and determine all
objections which have been filed by any party interested (i)
to the regularity of the proceedings in making such assessment
(ii) to the correctness of such assessment and (iii) to the
amount levied on any particular lot, parcel or tract of real
property including the benefits accruing thereon, the proportion-
ate share of the total cost of the improvements to be borne
thereby, and the inclusion of any lot, parcel or tract of real
property within the boundaries of the said Local Improvement
District; and after said hearing the Council shall pass an
ordinance confirming said Assessment Roll submitted to it by
the engineer, or as revised and corrected by the Council as
a result of hearing objections to said Assessment Roll, in
relationship to the benefits accruing thereon as a result of
the improvements ordered to be made.
Section 7. All proceedings heretofore had in
connection with the creation of the aforesaid District, the
hearings held thereon and the giving of notice of said hearings
are hereby, in all respects, ratified, approved and confirmed
and, by this ordinance, is the final determination of the
regularity, validity and correctness of such prior proceedings.
Section 8. The officers of the City of Rexburg
are hereby authorized and directed to take all. action necessary
or appropriate to effectuate the provisions of this Ordinance.
Section 9. The provisions of this Ordinance are
hereby declared separable, and if any section, subsection,
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sentence, clause, phrase or portion of this Ordinance is for
any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision, and such holding shall not
affect the validity of the remaining portions hereof.
Section 10. This Ordinance shall be in full force
and effect from and after its passage, approval and publication
hereof.
PASSED by the Council of the City of Rexburg, Idaho,
this 20th day of May, 1981.
APPROVED by the Mayor of the City of Rexburg, Idaho,
this 20th day of May, 1981.
(Seal) h
ATTEST:
City Clerk
r.
Thereupon it was moved by Councilman James 'Morris and
seconded by Councilwoman Darlene Blackburn that the rule
regarding ordinances of a general and permanent nature to be
fully and distinctly read on three different days be dispensed
with and that said Ordinance be numbered 632 and be passed and
adopted as read.
Thereupon the Clerk was ordered to call the roll on
said motion and the roll call upon said motion was as follows:
Those voting AYE:
Councilmen: Norris Reese
Darlene Blackburn
James Morris
Nile Bovle
Morgan Garner
Sander Larsen
Those voting NAY: None
Absent: None
The Mayor declared that the motion, having been
passed by not less than three- fourths of the Council, had been
duly carried, and that said Ordinance No. 632 was duly passed
and adopted.
The City Clerk was directed to publish said Ordinance -
No. 632 in at least one issue of the Rexburg Standard or
Rexburg Journal, a newspaper published in the City of Rexburg,
Idaho.
Thereupon the meeting adjourned.
May,
(Seal)
ATTEST;
City Clerk
STATE OF IDAHO, )
COUNTY OF t'IADISON, {SS
CITY OF REXBURG. j
I, ROSE BAGLEY, the duly chosen, qualified and acting
Clerk of the City of Rexburg, County of Madison, State of
Idaho, do hereby certify that the foregoing pages numbered 24
to 36 both inclusive, are true, perfect and complete copies
of the record of the proceedings of the City Council of
Rexburg, had and taken at a lawful meeting of said Council held
at the City Hall in said Citv on Wednesday, the 20th day of
1 1981, at the hour of 7:30 o'clock P.M. as recorded in the
-regular official book of records of the proceedings of said
Council kept in my office, and that said proceedings were duly
had and taken as therein shown, that the meetings therein shown
were duly held, that the persons therein named as present at
said meeting were present as shown by said minutes, and that
all the members of the City Council were duly notified of said
meeting.
WITNESS my hand and the seal of the City of Rexburg,
this 20th day of May, 1981.
(Seal)
City Clerk.
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