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HomeMy WebLinkAboutResolution 2008 -13 LID39 Intent to Create ResolutionRESOLUTION NO. 2008-13 A RESOLUTION DECLARING THE INTENTION OF THE CITY OF REXBURG, IDAHO, TO CREATE LOCAL IMPROVEMENT DISTRICT NO. 39 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. 39 ("LID 39"), and within the City, that the proposed LID 39 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 39 to make the improvements as hereinafter set forth Section 2: The boundaries of the proposed LID 39 and of the properties to be assessed are generally described in "LID 39 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 $ 579,476.56. Approximately $ 25,596.56 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 16th day of July, 2008, 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 39 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 39 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 15th day of July, 2008, 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 39 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 18th day of June, 2008 CITY OF REXBURG Madison County, Idaho ATTEST: By Kml Shawn Larsen, Ma Blair 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 39 CITY OF REXBURG, IDAHO NOTICE IS HEREBY GIVEN that Wednesday, the 16th day of July, 2008, 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. 2008-13, as the time and place for public hearing at which the owners of property to be assessed within proposed Local Improvement District No. 39, ("L.I.D. No. 39") 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. 39 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. 39 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. L.I.D. No. 39 consists of some properties that were originally part of Local Improvement District No. 35 ("L.I.D. No. 35"). These properties were moved to L.I.D. No. 39 because the improvements were not completed prior to March 5, 2008, when the Rexburg City Council confirmed the final assessment roll for L.ID. No. 35. Your particular property to be assessed for the costs of the improvements benefiting it within the proposed L.I.D. No. 39 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 $ 579,476.56. Approximately $ 25,596.56 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. 39 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 151h day of July, 2008, by any owner of any parcel of land to be assessed. Upon passage of the ordinance to create L.I.D. No. 39 by the Rexburg City Council, the property owner will have the opportunity to hire their own contractor and complete the work prior to July 31Bt 2008. If the work is not completed by this date, 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 18th day of June, 2008. 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. 331 ioetr�ic .rexburg.00 PO Box 280 Rexburg, ID 83440 EXHIBIT B RESOLUTION 2008-13 LOCAL IMPROVEMENT DISTRICT 39 Item No. Dir Street Company/ L Name F Name Parcel # 3 116 S 1st E Fox Stuart RPRRXB10490730 4 120 S 1st E Fox Stuart RPRRXB10491210 6 58 E 1st N BGD PROPERTIES LLC RPRRXB10330060 7 75 E 1st N THAYNE DESTIN RPRRXB10225320 14 127 E 1st South Burt Lance & Rebecca RPRRX810374480 21 340 S 1st W McFeely Madeline RPRRXB10550101 22 354 S 1st W CRAIGLAND PROPERTIES LLC RPROOOP0082890 23 364 S 1st W Wilson George RPROOOP0083370 24 210 N 2nd E Jones (Artic Circle) Robert RPRRXB10174743 25 38 S l2nd E Hebdon Danny RPRRXB10372170 35 157 W 2nd S HEMMING PROPERTIES III LLC RPROOSE0080161 36 210E 2nd S CHAPPELL JOHN A RPROOOR0090200 38 249 W 2nd S MACKCO LLC RPROOSE0070150 42 530 E 2nd S Barney Lee RPRRNDL0042900 43 530 E 2nd S City of Rexburg Handicap Access n/a 48 153 N 3rd E Gugelman Travis RPRRXB10201462 49 246 N 3rd E Kostial Justin RPRRXB10182300 51 305 S 3rd E Edwards Heath RPROOOR0150200 50 175 S 3rd E CONRAD ERIC RPROOOR0075470 52 334 S 3rd E Pulsipher David RPROOOR0161930 59 276 w 3rd S City of Rexburg Handicap Access REPAIR n/a 60 347 W 3rd S Smith Todd RPROOSE0110131 64 419 S 3rd E Greene James RPROSHS0020010 65 450 S 4th E Fay Derek RPRNVVA0030050 67 263 W 4th S Bird Jeff RPROOOP0120190 69 358 W 4th S Lee Jordan RPROOOK0014950 250 E 4th S City of Rexburg Handicap Access 74 625 S 5th W Johnson William - Rental RPROOOK0070190 75 635 S 5th W Johnson William - Rental RPROOOK0070201 85 138 Aries Dr Stumpf Diane RPRSTLA0040020 138 Aries Dr City of Rexburg Water Meter Fix n/a 86 162 Aries Dr Harrop Wren RPRPVM10010160 88 365 Bare St Abbot Garold RPROOSE0111860 365 Bare St City of Rexburg Curbing n/a 93 137 S Center Crandall, Swensen, & Gleason (Beehive Manor) RPRRXB10492591 94 151 S Center Migliaccio (Beehive Manor) Robert RPRRXB10493073 95 166 S Center Perry Ronald RPRRXB10484570 105 168 Harvard Ave Doman LLC Earl A RPROOOR0084940 112 452 Maple Dr MERRILL ETUX DAVID J RPROPOW0030600 114 468 Maple Dr Jeffrey and Debra Hochstrasser & Brooke Baiamonte RPROPOW0030580 116 591 Maple Dr Dye Travis & Adele RPROPOW0093370 122 543 Park St Gibbons Jeff RPROPVA0020010 123 566 Park St Angell Sandra RPROPVA0010080 124 670 Park St Walker Mikel RPRPVM10010170 132 310 Rodney Dr Pace James RPRRPSDO020060 133 320 Rodney Dr Clark Bracken RPRRPSD0020070 134 329 Rodney Dr Brown ETUX CHANDLER RPRRPSD0010100 136 254 Steiner Ave Bybee Brad RPROOSE0063990 144 510 Terra Vista Dr Professional Office Rentals RPRRHE10040010 145 510 Terra Vista Dr City of Rexburg Handicap Access REPAIR n/a 149 915 Westwood Dr City of Rexburg Handicap Access -LID 36??? n/a 150 350 Yale Ave Stowell David RPROOOS0020020 155 19 E 2nd North Harris Roger RPRRXB10153050 156 25 E 2nd North Harris Roger RPRRXB10154470 159 apr 400 Airport Road Barney Dell RPRXBCA0244417 160 apr 500 Airport Road D.R. Barney Trucking Inc. RPRXBCA0244201 161 660 S 2nd West HEALTH CARE PROP INVESTORS INC RPRXBCA0306615 162 250 E 4th S Lee Rachel