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HomeMy WebLinkAboutResolution No 2021 - 14 LID 51 Set Public Hearing for Creation Ordinance Instrument# 446657 oe""`bp°� CITY o F REXBURG,MADISON,IDAHO f 1149-2021 10:47:07 AM No.of Pages:6 REXBV RG Recorded far:CITY OF RF-XBU RG KIM H.MUIR Fee:0.00 Amrr"r familyCvmmu"Uy Ex.OftIa Recorder DepLdy �]r RESOLUTION NO.2021-14 A RESOLUTION DECLARING THE INTENTION OF THE CITY OF REXBURG, IDAHO,TO CREATE LOCAL IMPROVEMENT DISTRICT NO.51 FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING CERTAIN PUBLIC IMPROVEMENTS; DESCRIBING THE BOUNDARIES OF THE PROPOSED IMPROVEMENT DISTRICT AND THE PROPERTY PROPOSED TO BE ASSESSED FOR THE COSTS OF THE IMPROVEMENTS;GENERALLY DESCRIBING THE IMPROVEMENTS PROPOSED TO BE CONSTRUCTED AND THE ESTIMATED COSTS AND EXPENSES OF THE IMPROVEMENTS;STATING THE PORTION OF THE TOTAL COST WHICH WILL BE PAID FROM A LEVY OF ASSESSMENTS ON PROPERTY BENEFITTED BY THE IMPROVEMENTS AND THE PORTION PAYABLE FROM OTHER SOURCES;STATING THE METHOD OF DETERMINING ASSESSMENTS;FIXING THE TIME WITHIN WHICH AND THE PLACE AT WHICH A PUBLIC HEARING WILL BE HELD TO CONSIDER SUCH PROTESTS;PROVIDING FOR RELATED MATTERS;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City of Rexburg, Idaho (the "City"),is a municipal corporation operating and existing under and pursuant to the laws of the State of Idaho,and as such is authorized and empowered to create local improvement districts to construct improvements pursuant to Tide 50, Chapter 17, Idaho Code;and WHEREAS,the City Council (the "Council") of the City has authorized initiating the creation of a local improvement district for a particular district;and WHEREAS, the Council is of the opinion that it is in the best interest of the owners of property and of the inhabitants within the proposed Local Improvement District No. 51 ("LID 51"), and within the City,that the proposed LID 51 be formed and the proposed improvements as hereinafter described be constructed. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REXBURG, IDAHO,as follows: Section 1: The Council hereby determines and states that it is its intention to form a local improvement district,to be designated LID 51 to make the improvements as hereinafter set forth. Section 2: The boundaries of the proposed LID 51 and of the properties to be assessed are generally described in"LID 51 Estimated Assessment Role"which is annexed hereto and by reference incorporated herein. Section 3:A general description of the improvements to be constructed (the "Improvements") is as follows: the installation and/or replacement of streets,curbs,gutters, sidewalks,water lines, sanitary sewer lines, storm sewer lines and other improvements as necessary, together with related 1 �afswv�Ce CITY OF 0 REXBURG Americo Family Community improvements and costs of engineering,legal services,publication,interest on borrowed funds during construction,bond issuance costs and reserves,and other related expenses. Section 4:The estimated total cost of the Improvements is approximately $2,619,400. Approximately $2,007,600 will be paid by the City,representing the amount of benefit to the general public resulting from the Improvements.The balance of the cost will be paid by a levy of assessments on the property benefited. Section 5: The assessable portion of the costs and expenses of the Improvements shall be assessed against the tracts,lots, and lands benefited by the improvements according to a front foot method or a square foot method, or a combination thereof,subject to any variations there from to be determined by the Council,as provided by Section 50-1707, Idaho Code,in proportion to the benefits derived to such property by said improvements. Section 6: Wednesday,the 15"day of December,2021,at the hour of seven P.M. (7:00 pm),at the Rexburg City Hall,35 N V E,Rexburg, Idaho,is hereby fixed as the time and place when and where the owners of the property to be assessed may appear before the Council and be heard as to the propriety and advisability of acquiring the Improvements,and which is the time and place when and where the Council will consider the creating of the proposed LID 51 and constructing the proposed Improvements,and hear all complaints,protests,and objections which may be made in writing and filed with the City Clerk on or before said time,by any owner of any parcel of land to be assessed. Section 7:Written protests and objections to the creation of LID 51 or to the manner of assessment or inclusion of property therein may be filed with the City Clerk at or before four o'clock P.M. (4 pm) on Tuesday, the 14`' day of December,2021,by any owner of any parcel of land to be assessed. Section 8: Notice of Hearing substantially in the form attached hereto and hereby made a part hereof shall be given as follows: (A)By publication of such notice in the official newspaper of the City of Rexburg, Idaho,a newspaper of general circulation within the City,which notice shall be published once a week for two consecutive weeks of the first publication being at least ten (10) days prior to the date of said hearing. (B) By mailing, at least ten (10) days prior to the date of said hearing,a copy of such notice to each owner of property,if known,or his agent,if known,within the limits of the proposed LID 51 addressed to such person at his post office address,if known,or if unknown,to the post office in Rexburg,Idaho. Ownership of property shall be determined as of the date of the adoption of this Resolution. Section 9: This Resolution shall take effect and be in full force from and after its passage and approval. DATED this 17`'day of November,2021. a Raxnupc V" O REX BUR Amvdca'FamilyConunnnity CITY OF REXBURG Madison County, Idaho ATTEST: By ]e ayor Deborah Lovejoy,City Clerk ����tttitttlrrrrQI/ EXHIBIT"A" 'CO R J :G RPS (See attached Notice of intent to Create form) EXHIBIT B ���.•••...... O �```� The boundaries of the local improvement district encompass the foreal property,located primarily along........in the City of Rexburg,Madison County,Idaho: (See attached list of properties.) 3 NOTICE OF HEARING ON CREATION OF LOCAL IMPROVEMENT DISTRICT NUMBER 51 CITY OF REXBURG,IDAHO NOTICE IS HEREBY GIVEN that Wednesday,the 15th day of December,2021,at the hour of seven p.m. (7:00 pm),at the Rexburg City Hall,35 N 1st E,Rexburg,Idaho,has been fixed,pursuant to Resolution No. 2021-14,as the time and place for public hearing at which the owners of property to be assessed within proposed Local Improvement District No. 51,("L.I.D.No.51")may appear before the City Council(the "Council'?of the City of Rexburg,(the "City") and be heard as to the propriety and advisability of creating L.I.D.No. 51 and acquiring and constructing the Improvements,as hereinafter described,and as the time and place when and where the Council will consider the creating of the proposed L.I.D. No. 51 and the acquisition and construction of the proposed improvements,and hear all complaints,protests,and objections which may be made in writing and filed with the City Clerk on or before said time by any owner of any parcel of land to be assessed. A general description of the improvements to be constructed (the"Improvements")is as follows:the installation and/or replacement of streets,curbs,gutters,sidewalks,driveway approaches,water lines,sanitary sewer lines,storm sewer lines,retaining walls and other improvements as necessary,together with related improvements and costs of engineering,legal services,publication,interest on borrowed funds during construction,bond issuance costs and reserves,and other related expenses. The estimated total cost of the Improvements is approximately $2,619,400. Approximately$2,007,600 will be paid by the City,representing the amount of benefit to the general public resulting from the improvements.The balance of the cost will be paid by a levy of special assessments on the properties benefited,calculated according to a front foot method or a square foot method,or in proportion to the benefits derived to such property by said improvements,or a combination thereof,subject to any variations there from to be determined by the Council. Written protests and objections to the creation of L.I.D.No. 51 or to the manner of assessment or inclusion of property therein may be filed with the City Clerk at or before four o'clock P.M. (4 pm) on Tuesday,the 14th day of December, 2021,by any owner of any parcel of land to be assessed. At the time of creation of the L.I.D.,a document will be recorded with Madison County showing a possible future debt against the property. The boundaries of the L.I.D 51 encompass the real property within Rexburg city limits,located primarily in the Ricks- Wade Subdivision. To see the list of specific properties included on this project,please visit the office of the Rexburg City Clerk located at 35 North 1st East in Rexburg. For more information on LTD's visit our website at www.rexburg.org/fags. DATED this 17th Day of November,2021 CITY OF REXBURG Madison County,Idaho Deborah Lovejoy,City Clerk Publish: November 26`'and December 7'h,2021