HomeMy WebLinkAboutResolution 2010 - 06 LID40 Intent to Create P.1Instrument # 361002
REXBURG, MADISON, IDAHO
5-12-2010 04:00:58 No. of Pages: 5
Recorded for : CITY OF REXk
MARILYN R. RASMUSSEN: 0.00
Ex-Orficio Recorder Deput _
RESOLUTION NO. 2010-06
A RESOLUTION DECLARING THE INTENTION OF THE CITY OF REXBURG, IDAHO,
TO CREATE LOCAL IMPROVEMENT DISTRICT NO. 40 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 Title 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. 40 ("LID 40"),
and within the City, that the proposed LID 40 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 40 to make the improvements as hereinafter set forth
Section 2: The boundaries of the proposed LID 40 and of the properties to be assessed are
generally described in "LID 40 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 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 $ 1,357,912.
Approximately $ 86,990 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 the
square foot method of assessment, as provided by Section 50-1707, Idaho Code, in proportion to
the benefits derived to such property by said improvements.
Section 6: Wednesday, the 5th day of May, 2010, at the hour of eight o' clock P.M.
(8:00 pm), at the Rexburg City Hall, 35 N Vt 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 40 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 40 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 4th day of May, 2010, 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 40
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 21 st day of April, 2010
CITY OF REXBURG
Madison County, Idaho
i
By
i hard Wood and, Mayor
ATTEST:
lair D. Kay, City Clerk
EXHIBIT "A"
(See attached Notice of Intent to Create forma
EXHIBIT "B"
The boundaries of the local improvement district encompass the following -described real property,
all situated in the City of Rexburg, Madison County, Idaho:
(See attached list of properties.)
NOTICE OF HEARING ON CREATION OF
LOCAL IMPROVEMENT DISTRICT NUMBER 40
CITY OF REXBURG, IDAHO
NOTICE IS HEREBY GIVEN that Wednesday, the 5th day of May, 2010, at the hour of eight o'clock p.m.
(8:00 pm), at the Rexburg City Hall, 35 N 1st E, Rexburg, Idaho, has been fixed, pursuant to Resolution No. 2010-06,
as the time and place for public hearing at which the owners of property to be assessed within proposed Local
Improvement District No. 40, ("L.I.D. No. 40") 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. 40 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. 40 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.
Your particular property to be assessed for the costs of the improvements benefiting it within the proposed
L.I.D. No. 40 is within the city limits and is described below as "Address:".
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 $ 1,355,532. Approximately $ 86,990 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 the square foot
method of assessment in proportion to the benefits derived to such property by said improvements.
The estimated amount to be assessed against your property is listed below as "Estimated Costs:", and the final
costs and financing of these costs will be made available upon completion of the Improvements.
Written protests and objections to the creation of L.I.D. No. 40 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 4th day of May,
2010, by any owner of any parcel of land to be assessed.
Upon passage of the ordinance to create L.I.D. No. 40 by the Rexburg City Council, the property owner
will have the opportunity to hire their own contractor and complete the work for the sidewalk improvements
only. If the property owner plans to hire their own contractor to complete the sidewalk work, they must notify
the engineering department at 208-372-2331 prior to May 28th 2010. If the City is not notified prior to May 281h
2010, the City will include the property in a contract to be awarded to the successful bidder and the property
owner will no longer have the opportunity to hire their own contractor. In addition, 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.
DATED this 21st day of April, 2010.
CITY OF REXBURG
Madison County, Idaho
Item Number: (as per individual mailed notice)
Name: (as per individual mailed notice)
Estimated Costs: (as per individual mailed notice)
Address: (as per individual mailed notice)
Questions about this assessment should be directed to: Joel Gray, Engineer
208-372-2331
ioelnna�rexbuM. nr�
PO Box 280
Rexburg, ID 83440
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'OCAL IMPROVEMENT DISTRICT 40 (Estimated Assessment Role)
Item
4
No.
Dir
Street
Company/ L Name
F Name 8
in)
Cost
Administration
City
Participation
Total Estimated
Cost
.00
10%
437
W
Sth South
clay
Lois B me00
S 25,195.00
$ 2,519.50
$
$ 27 720.00
415
W
6th South
Scott, ETUX
Rodney 00
$ 29,558.00
$ 2,955.80
$
$ 32 620.00
330
W
7th South
Military Division
State of Id
$ 56.093.00
$ 5,609.30
$
$ 61 710.00
,ox. 389
W
6th South
North Gate Apartments LLC
$ 61,745.00
$ 6,174.50
$
$ 67 920.00
51
369
W
6th South
North Gate Apartments LLC
$ 16,895.00
$ 1,589.50
5
$ 17 490.00
6
370
W
7th South
Newport Investment of Utah
$ 14,230.00
$ 1.423.00
S
$ 15 660.00
7
Approx. 300
W
6th South
Ann, Ronald Lovell -Last of the Dogmen Land Group Development LLP
00
$ 56,750.00
$ 5,675.00
$
$ 62 430.00
8
559
S
4th West
North Gale Apartments LLC
$ 128,890.00
$ 12,889.00
$
$ 141 780.00
9
Approx 556
S
3rd West
Attn: Ronald Lovell -Last of the D men Land Grou Develo ment LLP
00
$ 161,985.00
$ 16,198.50
$
$ 178 190.00 '
10
225
W
61h South
SNOW SLIDE PROPERTIES LLC
DO
$ 53,855.00
$ 5,385.50
$
$ 59 260.00
11
242
W
61h South
SNOW SLIDE PROPERTIES LLC
00
$ 145,565,00
$ 14,556.50
5
$ 160 130.00 '
12
265
S
5th West
Snell
Kevin
$ 2.590.00
$ 259.00
$
$ 2,850.00
13
251
S
5th West
Bancck
Lowell S.
$ 3,220.00
$ 322.00
S
; 3,550.00
14
a r. 259
S
5th West
Barrick
Jerome E
$ 8,890.00
$ 889.00
$
$ 9780.00
15
660
S
2nd West
Go Health Care Prop Investors Inc
Rexbur 1
$ 46,81 D.00
s 4,681.D0
$ -
f 61,500.00
16
a r. 659
S
2nd West
Henderson
W. R. 00
$ 217,360.00
$ 21,736.D0
$
$ 239100.00
17
2nd West
City of Rexburg
$ 71,940.00
$
$ 1,840.00
;
18
7th South
City of Rexburg
$ 15,150.00
$
$ 15,150.00
$
19
Apprx. 457
W
6th South
VALLINDATOWNHOUSES
$ 623.00
$ 62.30
$
$ 690.00
20
555
S
3rd West
ASSISTED LIVING CONCEPTS INC
DBA TET
$ 13.420,00
$ 1,34200
$
$ 14,770.00
211
12
W
12nd South
Gray
ROBERT
$ 5.185 DO
$ 61850
$
$ 5.710.00
22
48
W
12nd South
SUNRISE HOLDINGS LLC
$ 3,57000
$ 357.00
$
$ 3,930.00
23
52
W
2nd South
NETHERCOTT
STEVEN
S 31270400
$ 32700
$
$ 3.600.00
24
60
W
2nd South
NETHERCOTT
STEVEN
$ 2,295.00
$ 22950
$
$ 2530.00
25
68
W
12nd South
GULLEY
ALESA A
S 510.00
$ 51.00
$
i 570.00
Additional Properties
26
1146
Arctic Willow Drive
Lords
Jason
$ 2.250.00
$ 225.001
$
$ 2,480.00
27
578
Golden Willow Drive
Durfee
Ran
$ 2,250.00
$ 225.W
$
$ 2 480.0D
28
508
Golden Willow Drive
Weimer
Gary$
2.250.00
S 225.D0
$
$ 2,480.00
29
1148
Golden Willow Drive
Wiseman
Jamie
$ 2,250.00
$ 225.00
$
$ 2,480.00
30
505
Golden Willow Drive
BradleyDallin
$ 2,250.00
$ 225.00
$
$ 2,480.00
31
512
S
Millhollow Rd
Smith
Robert E
$ 16,880.00
$ 1,688.00
$
$ 18 570.00
32
e r 500
Airport Road
D.R. Bame TruckingInc.
S 74,192.00
$
$
f 74,192.OD
Total City Participation $ (86,990.00)
" Items 8, 9, 11, and 16 were accessed using a 1l1 foot wide sidewalk. Total $ 1,268,542.00
Inc luantitie , or added due to 3rd West or Council Request Total City Cost $ 86,990.00
Total Property Owner Cost $ 1 266 542.00
Total Cost $ 1 355 532.00
'See Note below about Sid,
'See Note below about Sid,
'See Note below about Sidi
'See Note below about Sid,