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