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HomeMy WebLinkAboutResolution 91 - 06 Create Local ImprovementsSTATE OF IDAHO ) COUNTY OF MADISON ) ss. CITY OF REXBURG. ) A regular meeting of the City Council of the City of Rexburg, Madison County, Idaho, was held on Wednesday, the 17th day of July,, 1991, at the hour of 7:00 o'clock a.m., at the City Hall, being the regular meeting place of said Council, at which meeting there were present and answering roll call, the following, who constituted a quorum: Mayor: Nile L. Boyle Council Members: Glen Pond Farrell Young Darlene Blackburn Nyle Fullmer Absent: Brad Liljenquist Bruce Sutherland Also Present: City Clerk, Rose Bagley City Attorney, J. D. Hancock Thereupon the following proceedings, among others, were duly had and taken: Councilman Nyle Fullmer introduced the following Resolution in writing and moved its adoption: RESOLUTION NO. 91-6 RESOLUTION DECLARING THE INTENTION OF THE CITY COUNCIL OF THE CITY OF REXBURG, IDAHO, TO CAUSE CERTAIN STREETS AND PARTS THEREOF WITHIN THE CORPORATE LIMITS OF SAID CITY TO BE GRADED, RE -GRADED, GRAVELED, PAVED, RE -PAVED AND OTHERWISE IMPROVE THE HEREINAFTER DESCRIBED STREETS WITHIN THE DISTRICT AND TO CONSTRUCT AND RECONSTRUCT SIDEWALKS, CURBS, GUTTERS, DRIVEWAYS, DRAINAGE FACILITIES, OFFSITE STORM SEWER AND OTHER WORK INCIDENTAL TO ALL OF THE FOREGOING IMPROVEMENTS ALONG SAID STREETS AND OTHER DESIGNATED IMPROVED STREETS; TO CREATE LOCAL IMPROVEMENT DISTRICT NO. 27 FOR THE PURPOSE OF MAKING SAID IMPROVEMENTS; TO DEFRAY THE COST AND EXPENSES OF SAID DISTRICT AND THE COST AND EXPENSE OF SAID IMPROVEMENTS BY THE -1- LEVY OF AN ASSESSMENT AGAINST THE ABUTTING, ADJOINING AND ADJACENT LOTS AND LANDS ALONG OR UPON WHICH SUCH IMPROVEMENTS ARE TO BE MADE AND UPON LOTS AND LANDS BENEFITED BY SUCH IMPROVEMENTS AND INCLUDED IN THE DISTRICT TO BE CREATED ACCORDING TO A FRONT FOOT METHOD OR IN PROPORTION TO THE BENEFITS DERIVED TO SUCH PROPERTY BY SAID IMPROVEMENTS, OR A COMBINATION THEREOF, SUBJECT TO ANY VARIATIONS THEREFROM TO BE DETERMINED BY THE COUNCIL, EXCEPT THAT THE COST AND EXPENSES OF ALL SUCH IMPROVEMENTS WITIiIN STREET INTERSECTIONS AND ALLEY INTERSECTIONS SHALL BE PAID FROM THE GENERAL FUNDS OF THE CITY; GIVING THE KIND AND CHARACTER OF SAID IMPROVEMENTS AND THE ESTIMATED TOTAL COST THEREOF; FIXING THE TIME WHEN PROTESTS AGAINST SUCH IMPROVEMENTS AND THE CREATION OF SAID DISTRICT MAY BE FILED IN THE OFFICE OF THE CITY CLERIC AND WHEN SUCH PROTESTS WILL BE HEARD AND CONSIDERED BY THE CITY COUNCIL, AND PROVIDING FOR GIVING OF NOTICE THEREOF. WHEREAS, the City Council of the City of Rexburg, Idaho, deems it for the best interests of the City to cause certain streets and parts thereof within the corporate limits of said City to be graded, re -graded, graveled, paved, re -paved and otherwise improve the hereinafter described streets within the District and to construct and reconstruct sidewalks, curbs, gutters, driveways, drainage facilities, offsite storm sewer, and other work incidental to all of the foregoing improvements along said streets and also along other designated improved streets, and to create Local Improvement District No. 27 for the City of Rexburg, Idaho, for the purpose of making said improvements, and WHEREAS, the estimated total cost of said District and of said improvements is $240,000 of which sum $55,000 is the total estimated cost of said improvements within street and alley intersections, and WHEREAS, the City Council is authorized to expend from the general funds of the City the whole of the costs and expenses of said improvements within street and alley intersections, and such other portion of the costs and expenses of said improvements as in their judgment may be fair and -2- equitable in consideration of the benefits accruing to the general public by reason of such improvements, and WHEREAS, the City Council proposes to defray the costs and expenses of said District and of said improvements (except those to be paid from the general funds of the City), to the extent of $240,000 by assessments levied against the lots and lands abutting, adjoining and adjacent to the streets along which such improvements are to be made and on and against all Lots and lands benefited by such improvements included in said District and to defray the whole cost and expense of said improvements within the street and alley intersections from the general funds of the City, and WHEREAS, the City, as of the date of the adoption of this Resolution of Intent to Create Local Improvement District No. 27, has determined the ownership of the property to be included in said proposed improvement district. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF REXBURG, IDAHO, AS FOLLOWS: SECTION I: The City of Rexburg, Idaho, does hereby declare its intention to cause certain streets and parts thereof within the corporate limits of the City of Rexburg to be graded, re --graded, graveled, paved, re -paved and otherwise improve the hereinafter described streets within the District and to construct and reconstruct sidewalks, curbs, gutters, driveways, drainage facilities, offsite storm sewer, and other work incidental to the foregoing improvements along said streets and other designated improved streets, and for that purpose to create and establish a Local Improvement District thereon to be known as Local Improvement District No. 27 for the City of Rexburg, Idaho, comprising said streets and parts of streets and the lots and land abutting, adjoining and adjacent thereto and the lots and lands benefited by such improvements and situated in said District. A description of the boundaries of the District to be created, the names of the street or streets along which said improvements are to be made, -3- the points between which the improvements are to be made, and the kind and character of the proposed improvements are as follows: Area No. 1 (Street Reconstruction) Millhollow Road from 2nd South to the south City limit line of the City of Rexburg Area No. 2 (Curb and Gutter) Millhollow Road from 2nd South to the south City limit line of the City of Rexburg Cornell Street from 2nd South to 1st South CREST HAVEN SUBDIVISION: The following lots will receive curb and gutter: Block 1 Lots 7, S, and 9 Block 2 Lots 1, and 2 Block 3 Lots 21, 22, 23, and 24 Block 4 Lots 1, 2, 3, 4, and 24 Block 5 Lot 1 - West side only Area No. 3 (Sidewalk Replacement) CREST HAVEN SUBDIVISION: Block 1 Lots 7, B, and 9 Block 2 Lots 1 and 2 Area No. 4 (Drivewav Replacement The following properties will be included in the LID for replacement of driveways between the property line and the curb and gutter. Certain areas will also include the replacement of curb and gutter that is contiguous to the driveway. Cornell Street from 2nd South to 3rd south Millhollow from 2nd South to the South property line of the city limits CREST HAVEN SUBDIVISION Block 2 Lots 3, 4, 9, and 10 Block 3 Lot 11 Block 5 Lot 5 -4- Area No. 5 (Offsite Storm Sewer Development) CREST HAVEN SUBDIVISION Block 1 Lots 1-12 Block 2 Lots 1-12 Block 3 Lots 1-24 Block 4 Lots 1-24 Block 5 Lots 1-5 SECTION II: The kind and character of said improvements are as follows: To cause certain streets and parts thereof within the corporate limits of said City, to be graded, re -graded, graveled, paved, re -paved and otherwise improve the hereinabove described streets within the District and to construct and reconstruct sidewalks, curbs, gutters, driveways, drainage facilities, offsite storm sewer, and other work incidental to all of the foregoing improvements along said streets and along other designated improved streets, all according to the plans and specifications to be filed in the Office of the City Clerk on or before the day fixed for hearing protests against the creation of said District and the making of said improvements. SECTION III: The estimated costs and expenses of J� said District and of said improvements are $240,000, which I sum is to be allocated and aid a P s follows: From levy of assessments against property benefited--------- - ---- _ From general funds of the City$T85,000.00 --------- $ 55,000.00 SECTION IV: The cost and expenses of said District and of said improvements which is to be paid by assessments against the abutting, adjoining and adjacent lots and lands on the streets or parts of streets, along or upon which said improvements are to be made, and upon lots and lands benefited by such improvements and included within said District, each lot and parcel of land being assessed separately for the debt thereof according to a front foot method or in proportion to the benefits derived to such property by said improvements, or a combination thereof, subject to any variations therefrom to be determined by the Council. -5- The cost and expenses of said improvements within street and alley intersections, namely, the sum of $55,000 is, in the judgment of the City Council, a fair and equitable portion of the total cost and expenses of said District and of said improvements to be expended from the general funds of the City in consideration of the benefits accruing to the general public by reason of such improvements and shall be paid out of the general funds of the City. That Tuesday, the 6th day of August, 1991, at 7:00 o'clock p.m. of said day, and the chambers of the City Council in the City Hall in the City of Rexburg, Idaho, be, and the same are hereby designated as the time and place when protests against the creation of said District or the making of any other objections in relation thereto, will be heard and considered by the City Council and that written protests against the creation of such District and any other objections in relation thereto, may be filed in the office of the City Clerk on or before 7:00 o'clock p.m. on Tuesday, August 6, 1991. The City Clerk is hereby ordered and directed to give notice of the passage of this Resolution, the time within which protests against the creation of said District or any other objections in relation thereto may be filed, in writing, and the date when such protests will be heard and considered by the Council in the manner provided by law. The Clerk is further ordered and directed to cause said notice to be published in two issues of the Rexburg Standard -Journal, a bi-weekly newspaper printed and published in Rexburg, Madison County, State of Idaho, and mail a copy of such notice to each property owner, if known, or his agent if known, within the limits of the proposed improvement district, addressed to such person at his post office address if known, or if unknown, to the post office in the City of Rexburg, Idaho. That such notice shall be in the following form: NOTICE OF RESOLUTION OF INTENTION TO ESTABLISH REXBURG LOCAL IMPROVEMENT DISTRICT NO. 27, AND HEARING PROTESTS NOTICE IS HEREBY GIVEN that at a regular meeting of the City Council held on July 17, 1991, a Resolution was passed declaring the intention of the City Council of the City of Rexburg, Idaho, to create a Local Improvement District to be known as Local Improvement District No. 27, to cause certain streets and parts thereof within the corporate limits of said City to be graded, re -graded, graveled, paved, re -paved and otherwise improve the hereinafter described streets within the District and to construct and reconstruct sidewalks, curbs, gutters, driveways, drainage facilities, offsite storm sewer, and other work incidental to all of the foregoing improvements along said streets and along other designated improved streets. That a description of the boundaries of the District to be created, the names of the street or streets to be improved, or along which said improvements are to be made, the points between which the improvements are to be made, and the kind and character of the proposed improvements along and upon such streets are as follows: Area No. 1 (Street Reconstruction Millhollow Road from 2nd South to the south City limit line of the City of Rexburg Area No. 2 (Curb and Gutter Millhollow Road from 2nd South to the south City limit line of the City of Rexburg Cornell Street from 2nd South to 1st South CREST HAVEN SUBDIVISION: The following lots will receive curb and gutter: Block 1 Lots 7, Q, and 9 Block 2 Lots 1, and 2 Block 3 Lots 21, 22, 23, and 24 Block 4 Lots 1, 2, 3, 4, and 24 Block 5 Lot 1 - West side only -7- Area No. 3 (Sidewalk Replacement) CREST HAVEN SUBDIVISION: Block 1 Lots 7, 8, and 9 Block 2 Lots 1 and 2 Area No. 4 (Driveway Replacement) The following properties will be included in the LID for replacement of driveways between the property line and the curb and gutter. Certain areas will also include the replacement of curb and gut -ter that is contiguous to the driveway. Cornell Street from 2nd South to 3rd South Millhollow from 2nd South to the South property line of the city limits CREST HAVEN SUBDIVISION Block 2 Lots 3, 4, 9, and 10 Block 3 Lot 11 Block 5 Lot 5 Area No. 5 (Offsite Storm Sewer Development) CREST RAVEN SUBDIVISION Block 1 Lots 1-12 Block 2 Lots 1-12 Block 3 Lots 1-24 Block 4 Lots 1-24 Block 5 Lots 1-5 The estimated total cost of said improvements is $240,000, of which the sum of $185,000, is the total cost and expenses of the improvements which will be assessed against the abutting, adjoining, and adjacent lots and lands along or upon which such improvements are to be made and upon lots and lands benefited by such improvements and included in the District to be created, according to a front foot method or in proportion to the benefits derived to such property by said improvements, or a combination thereof, subject to any variations therefrom to be determined by the Council. The sum of $55,000 is the total cost and expenses which will be paid from general funds of the City of Rexburg. MM NOTICE OF HEARING NOTICE IS FURTHER GIVEN that written protests against the creation of Local Improvement District No. 27 or any other objections in relation thereto, may be filed in my office in the City Hall Building, at 12 North Center, in the City of Rexburg, Idaho, on or before 7:00 o'clock p.m. on Tuesday, the 6th day of August, 1991, and such protests will be heard and considered by the Mayor and Council at a special, open and public meeting of the City Council to be held at 7:00 o'clock p.m. on Tuesday, the 6th day of August, 1991. Reference is hereby made to said Resolution of the City Council now on file in my office for further information in regard thereto. Dated this 17th day of July, 1991. Rose Bagley, Ci rk (SEAL) Councilwoman Darlene Blackburn seconded the adoption of the Resolution No. 91-6 declaring the intention of the City Council of the City of Rexburg, Idaho, to create Local Improvement District No. 27, and the same, on being put to a vote, was unanimously carried by the affirmative vote of all council members present, the vote being as follows: Glen Pond Aye Farrell Young Aye Brad Liljenquist (Absent) Darlene Blackburn Aye Nyle Fullmer Aye Bruce Sutherland (Absent) City Cleric, Rexb fg,,;,�d'aho STATE OF IDAHO ) COUNTY OF MADISON ) ss. CITY OF REXBURG. ) I, ROSE BAGLEY, City Cleric of the City of Rexburg, Idaho, do hereby certify that the foregoing is a full, true and correct copy of the minutes of a special meeting of the City Council of Rexburg, Idaho, duly called and regularly held at the regular meeting place of said City Council on the 17th day of July, 1991, and that Resolution No. 91-6 creating Local Improvement District No. 27 for the City of Rexburg, Idaho, was adopted by the affirmative vote of all council members present; that said Resolution was passed and adopted by the City Council and approved by the Mayor on July 17, 1991, and that the foregoing proceedings were in fact held as in said minutes specified in said meeting. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Rexburg, Idaho, this 17th day of July, 1991. City Cleric' -10- �_ STATE OF IDAHO ) COUNTY OF MADISON ) ss. ) CITY OF REXBURG. ) ROSE BAGLEY, being first duly sworn, upon oath, deposes and says that she is and was at all times herein mentioned the duly appointed, qualified and acting Clerk of the City of Rexburg, Madison County, Idaho. 9� That, acting as such Clerk, on the -�! day of July, 1991, she deposited in the United States mail, postage prepaid, envelopes addressed to each owner of property if known, or said owner's agent if known, within the limits of said proposed Local Improvement District No. 27 in the City of Rexburg, Idaho, addressed to such person at his post office address if known, or if unknown, to the post office in Rexburg, Idaho, and that in each of said envelopes was contained when mailed a true and correct copy of the Notice of Resolution of Intention to Establish Rexburg Local Improvement District No. 27, and Hearing Protests, for the improvement and construction of certain streets and to construct and reconstruct sidewalks, curbs, gutters, driveways, drainage facilities, offsite storm :sewer, and other work incidental to all of the foregoing :improvements along said streets and along other designated improved streets as set forth in Resolution No. 91-6 adopted by the City Council of Rexburg, Idaho, on July 17, 1991. Further affiant saith not. Rose agley, Cit Clk Subscribed and sworn to before me this c,?�11C+,day of July, 1991. Notary Pub is Residing at Rexburg, Idaho My Commission Expires: (SEAL) -11-