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RESOLUTION NO. 2006-08
A RESOLUTION DECLARING THE INTENTION OF THE CITY OF REXBURG, IDAHO,
TO CREATE LOCAL IMPROVEMENT DISTRICT NO. 35 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. 35 ("LID 35"),
and within the City, that the proposed LID 35 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 35 to make the improvements as hereinafter set forth.
Section 2: The boundaries of the proposed LID 35 and of the properties to be assessed are
generally described in "LID 35 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 $ 1,808,336.39.
Approximately $ 1,219,682.80 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
method of assessment, as provided by Section 50-1707, Idaho Code, shall be a front foot fee, with
the frontage being determined at the setback line.
Section 6: Wednesday, the 21st day of June, 2006, at the hour of eight o'clock P.M.
(8:00 pm), at the Rexburg City Hall, 12 N Center, 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 35
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 35 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 Wednesday, the 21st day of June, 2006, 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 35
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 7th day of June, 2006
CITY OF REXBURG
Madison County, Idaho
ByS cL a r
Mayor
ATTEST:
City Clerk
EXHIBIT "A"
(See attached Notice of Intent to Create forma
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 35
CITY OF REXBURG, IDAHO
NOTICE IS HEREBY GIVEN that Wednesday, the 21st day of June, 2006, at the hour of eight
o'clock p.m. (8:00 pm), at the Rexburg City Hall, 12 N. Center, Rexburg, Idaho, has been fixed,
pursuant to Resolution No. 2006-08, as the time and place for public hearing at which the owners of
property to be assessed within proposed Local Improvement District No. 35, ("L.I.D. No. 35") 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. 35 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. 35 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. 35 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 $1,808,336.39. Approximately
$ 1,219,682.80 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.
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. 35 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
Wednesday, the 21 st day of June, 2006, by any owner of any parcel of land to be assessed.
DATED this 8th day of June, 2006.
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
208-359-3020 ext. 344
doe/g(a_rexburg. orq
PO Box 280
Rexburg, ID 83440
EXHIBIT "B"
Item #
Se pion
No.
Dir
Street
Company/ L Name
F Name
NEW HOME OWNERS
1
19
72
N
1st E
Johnson
Val
2
19
72
N
1st E
City of Rexburg Handicap Access
3
30
116
S
1st E
Marshall
Bessie
4
30
120
S
1st E
Marshall
Bessie
5
F6
19
55
E
1st N
Kent
Scott & Twila
19
58
E
1st N
Dupree
Bill
7
19
75
E
1st N
Blaser
Craig
8
19
115
E
1st N
L&L Homes LLC
91
20
415
E
1st N
Zirker
John
10
201
415
E
1st N
City of Rexburg Handicap Access
11
20
435
E
1st N
Sommer
Kendall
12
19
447
W
1st N
Stallin s
Anthony
13
30
Ap 33
E
1 st South
City of Rexburg Handicap Access
141
30
127
E
1 st South
Burt
Lance & Rebecca
15
30
16-26
W
1st South
Morris
James
16
30
16-26
W
1st South
City of Rexburg Handicap Access
17
30
32
W
1st South
Andreasen
Dirk
18
301
40
W
1st South
V & F LLC
19
3o
50
W
1st South
BAS Property Management LLC
20
30
140
W
1 st South
Logan
Bruce & Lori
21
30
340
S
1st W
Ricks
Gary
22
30
354
S
1st W
M&D,Rentals LP
23
30
364
S
1st W
Wilson
George
24
20
210
N
2nd E
Jones_(Artic Circle)
Robert
25
30
38
S
2nd E
Hebdon
Dann
26
19
7
E
l2nd N
Kohler
Marden
27
20
220
E
2nd N
R&S Peterson Comm. Property
28
20
220
E
2nd N
City of Rexburg zHand icap Access
29
20
317
E
2nd N
Smith
Bob & Sall,
30
20
323
E
2nd N
Miller
'Christopher
31
19
220
W
2nd N
Dalling
Rhet
32
19
246
W
2nd N
Cardon
Lori
33
19
255
W
2nd N
Arrendondo
Ros bet
34
30
68
W
2nd S
Gulley
Bob
35
30
157
W
2nd S
Troy Birch House)
Lee
36
30
210
E
2nd S
french
S encer
37
29
233
E
2nd S
Darracq
Kevin
38
30
249
W
2nd S
MAGKCO LLC
39
30
328
W
l2nd S
Ramsey
Dennis
40
30
346
W
2nd S
Shore
James A.
41
30
360
W
2nd S
Hamilton
Wennette
42
29
530
E
2nd S
BarneyLee
43
29
530
E
2nd S
City of'Rexburg Handicap Access
44
30
155
S
2nd W
Hemming Properties LLC
45
30
264
S
2nd W
Ricks
Norman & Sharon
EXHIBIT "B"
Item #
Se pion
No.
Dir
Street
Company/ L Name
F Name
NEW HOME OWNERS
46
20
37
N
3rd E
Bott
Terrence
47
20
37
N
3rd E
City of Rexburg Handicap Access
48
20
153
N
3rd E
Gu elman
Travis
49
20
246
N
3rd E
Kostial
Justin
50
291
175
S
3rd E
Pyper
Brian
51
29
305
S
3rd E
Edwards
Heath,
52
29
334
S
3rd E
Pulsi her
David
53
29
406
S
3rd E
Melo
Frank
54
29
406
S
3rd E
City of. Rexburg Handicap Access
55
29
407
S
3rd E
Hepworth
Jay
56
29
410
S
3rd E
Keller
Ronald
57
30
267
W
3rd S
Condie
Craig
581
30
276
W
3rd S
Loveland
Blake
59
30
276
w
3rd S
Cit .of Rexburg_Handicap Access
REPAIR
60
30
347
W
3rd S
Smith
Todd
61
30
248-250
S
3rd W
Property Designs LLC
62
301
264
S
3rd W
Willis
Blake
63
30
272
S
3rd W
Vail
Jeffrey
64
29
419
S
3rd E
Greene
James
651
29
450
S
4th E
Fay
Derek
66
30
210
W
4th S
Christensen
Leon
67
30
263
W
4th S
Bird
Jeff
68
30
267
W
4th S
Pearson
Roger
69
301
358
W
4th S
Robison
Daniel
70
30
37
S
4th W
Allred
ValaRae & Travis
71
19
166
N
5th W
Boise Housing Corp. Madison Park Aptms.)
72
19
166
N
5th W
City .of Rexburg Handicap Access
73
30
609
S
5th W
Landon
Jaxon
74
301
625
S
5th W
Johnson
William - Rental
75
30
635
S
5th W
Johnson
William - Rental
76
25
648
S
5th W
Kartchner Home of ID Inc
77
36
707
S
5th W
Hyde Park Div. No 1
78
24
536
Angela Dr
Klin onsmith
Jared
79
24
575
Angela Dr
Wray
Richard
80
24
585
An ela Dr
Nelson
Don &Allison
81
24
606
Angela Dr
Cook
Suzane & Gaylen
82
24
615
Angela Dr
Blad
David :& Gwen
83
29
239
A ache Ave
Huisch
Patrick
84
29
265
Apache Ave
fox
Christopher
85
25
138
Aries Dr
Stumpf
Diane
86
25
162
Aries Dr
Harrop
Wren
87
29
28
jAsh Ave
Sed
Joshua
88
30
365
Bare St
Abbot
Garold
89
30
390
Bare St
Statt
L ell•& Paulette
90
19
163
N
Center
Swenson Center Court .A mts
Scott
EXHIBIT "B"
Item #
Se pion
No.
Dir
Street
Company/ L Name
F Name
NEW HOME OWNERS
19
172
N
Center
Hill
David
19
176
N
Center
Shumwa.
Cod & Candace
r92
30
137
S
Center
Crandall, Swensen, & Gleason Beehive Manor
30
151
S
Center
Mi liaccio Beehive Manor
Robert
951
30
166
S
Center
Perry
Ronald
96
24
545
Chad Dr
Rubio
Ramero
97
30
105
College Ave
Davenport Properties LLC. (Davenport A mts.
98
301
105
College Ave
City of Rexburg Handicap Access
99
30
118
College Ave
Davenport Properties LLC
100
30
121
College Ave
Davenport Properties LLC
101
30
124
College Ave
Davenport Properties LLC
102
30
131
College Ave
Davenport Properties LLC
103
30
174
College Ave
Taylor
Richard
104
29
114
Elm Ave
Clark
Darren & Susan
105
29
168
Harvard Ave
Doman
Tyler
106
31
995
Hillview Dr
Du ue
Lary
107
31
1010
Hillview Dr
Baron
Ross
108
29
469
Linden Ave
Ward
Stan & Brenda
109
19
354
W
Main
Mackley
James
110
19
362
W
Main
Laderman
Anne Marie
111
29
441
Maple Dr
Alan
Jeffrey
112
29
452
Maple Dr
Hill
Kim
113
29
460
Maple Dr
Orr
Jon & Denel
114
29
468
Maple Dr
Christensen
Anthony
115
29
535
Maple Dr
Madsen
Terry
116
29
591
Ma le Dr
Dye
Travis & Adele
117
24
250
Melanie Dr
Gutierrez
Valerie
118
24
259
Melanie Dr
Owen
Bryce & Angie
119
24
259
Melanie Dr
Cityof RexburgHandicapAccess
120
24
260
Melanie Dr
Hale
James &Joan
121
24
260
Melanie Dr
Cityof.Rexbur HandicapAccess
122
25
543
Park St
Gibbons
Jeff
123
25d
Park St
Angell
Sandra
124
25
Park St
Walker
Mike)
125
25
Ponderosa
Thompson
Kell
126
20
Ricks Ave
Dou hert
Tro
Ricks Ave
Dou he
Tro128
20
Ricks Ave
Gott
Terrence
129
20
Ricks Ave
Lee
Gwen
130
20
Ricks Ave
Robinson
James
131
20
280
Rodnev Dr
Hacking
Sallv and La ne
132
20
310
Rodney Dr
Pace
John
133
20
320
Rodney Dr
Clark
Bracken
134
20
329
Rodney Dr
Brown
Jennifer
135
29
174
Rosewood Dr
Rock
David & Jennifer
EXHIBIT "B"
Item #
Map
Section
No.
Dir
Street
Company/ L Name
F Name
NEW HOME OWNERS
30
254
Steiner Ave
Beck
Mark & Kristina
20
233
Susan Or
Riche
Paul
F1361
25
510
Taurus Dr
Johnson
Tan a
25
510
Taurus Or
City of Rexburg Handica Access
140
25
5901
Taurus Dr
Denison
Steve
141
25
600
Taurus Dr
Oake
Douglas
142
25
617
Taurus Dr
Malan
Shelleen
143
25
617
Taurus Dr
City of Rexburg Handicap Access
144
29
510
Terra Vista Dr
Professional Office Rentals
145
291
510
Terra Vista Dr
City of Rexburg Handicap Access
REPAIR
146
19
125
Valley River Dr
CKC Properties
147
19
114
Webster
Lorin's Auto Repair.
148
31
915
Westwood Dr
Mau in
Jackie
149
31
9151
Westwood Dr
Citv of Rexburg Handicap.Access
150
29
350
Yale Ave
Stowell
David
EXHIBIT "B"
Item #
Set ion
No.
Dir
Street
Company/ L Name
F Name
MILLHOLLOW
201
29
201
S
Millhollow Rd
Benfield
Kenneth
202
29
227
S
Millhollow Rd
Eskridge
William
203
29
231
S
Millhollow Rd
Lewis
Gary
204
29
239
S
Millhollow Rd
Kunz
Michael
205
29
249
S
Millhollow Rd
Stoddard
Reed
206
29
253
S.
Millhollow Rd
Widdison
Kay
20729
263
S
Millhollow Rd
Howard
Edward
208
29
269
S
Millhollow Rd
Price
Chad
209
29
285
S
Millhollow Rd
Hart
Steven
210
29
300
S
Millhollow Rd
Hinckley
Leonard
21129
301
S
Millhollow Rd
Ward
Robert
212
29
310
S
Millhollow Rd
Wickham
Larry
213
29
315
S
Millhollow Rd
Price
Vaughn
214
29
Apr. 320
S
Millhollow Rd
Price
Vaughn
21529
321
S
Millhollow Rd
Brannon
James
216
29
339
S
Millhollow Rd
Gaffey
Thomas
217
29
347
S
Millhollow Rd
Bennett
Ronald
218
29
Apr. 330
S
Millhollow Rd
Packer
Lola
219
29
653
Rolling Hills Dr
Packer
Lola
220
29
265
Shoshone Ave
McPheeters
Ro er
221
29
275
Shoshone Ave
McPheeters
Roger
222
29
285
Shoshone Ave
Larson
Olof
EXHIBIT "B"
Item #
$e pion
No.
Dir
Street
Company/ L Name
IF Name
MORGAN & REED
301
20
444
E
1st N
Cordin le
Ka.
302
303
20
20
486
40
E
N
1st N
4th E
Frost
Lewis
Charles
Elizabeth
304
20
40
N
4th E
City of Rexburg Handicap Access
305
20
76
N
4th E
Phillips
Richard
306
20
419
Mor an Dr
Anderson
Ronald
307
20
431
Morgan Dr
Care
Calvin
308
20
473
Morgan Dr
Lovell
Ga .
309
310
20
20
473
431
Morgan Dr
Reed ST
Cityof RexburgHandicapAccess
Lewis
Elizabeth
311
20
440
Reed ST
Erickson
Rex
312
20
440
Reed ST
City of Rexburg Handicap Access
313
20
441
Reed ST
Boyle
Lee
314
315
20
20
453
464
Reed ST
Reed ST
Shaw
Pirente
Trent
David
316
20
465
Reed ST
James
Don
317
20
465
Reed ST
Cityof'Rexburg Handica Access
318
20
476
Reed ST
Call
Kevin
319
20
476
Reed ST
Citv of Rexburg Handicap Access
EXHIBIT "B"
Item #
No.
Dir
Street
Company/ L Name
F Name
ALLEY PROJECT
401
19
E
Main
E W LLC
402
39
E
Main
Wells Fargo Bank
403
43
E
Main
Merrill
Rick
404
47
E
Main
Rowley
Michael
4051
49
E
Main
Williams
Brian
406
55
E
Main
Man's image e LLC.
407
57
E
Main
Brague
James
408
77
E
Main
US Bank Corp
409
115
E
Main
Grayhawk Leasing
410
117
E
Main
Main Street Investors
411
119
E
Main
Thomas
Blake
412
121
E
Main
Neibaur Properties LLC
413
127
E
Main
Neibaur Properties LLC
414
133
E
Main
Gummow
C E