HomeMy WebLinkAboutRes 99.04- LID 31, Sidewalks
RESOLUTION NO. 99-04
RESOLUTION DECLARING THE INTENTION OF THE CITY COUNCIL
OF THE CITY OF REXBURG, IDAHO, TO CAUSE CERTAIN
SIDEWALKS, CURBS, GUTTERS, STREETS, SANITARY SEWERS AND
OTHER PUBLIC UTILITY WORKS WITHIN THE CORPORATE LIMITS
OF SAID CITY TO BE REMOVED, RE-GRADED, PREPARED,
CONSTRUCTED AND RE-CONSTRUCTED, AND OTHER WORK
INCIDENTAL TO ALL OF THE FOREGOING IMPROVEMENTS IN THE
DESIGNATED AREAS TO BE ACCOMPLISHED; TO CREATE LOCAL
IMPROVEMENT DISTRICT N0.31 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 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 BENEFITTED 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 WITHIN
STREET INTERSECTIONS AND ALLEY INTERSECTIONS SHALL BE
PAID FROM THE GENERAL FUNDS OR GRANTS 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 CLERK 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 in the best
interests of the City to cause certain sidewalks, curbs, gutters, streets, sanitary sewers and
other public utility works within the corporate limits of said city to be removed, re-graded,
prepared, constructed and re-constructed, and other work incidental to all of the foregoing
improvements in the designated areas to be accomplished, and to create Local Improvement
District No. 31 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 One
Million Seventy-nine Thousand Two Hundred and Two Dollars ($1,079,202), of which sum
Five Hundred and Eighty-eight Thousand Nine Hundred and Thirty-four ($588,934) is the
total estimated cost of said improvements which shall be city costs, 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 equitable in consideration of the benefits occurring 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 Four Hundred and Ninety Thousand Two Hundred and Sixty-eight
RESOLUTION 99-04
($490,268) by assessments levied against the lots and lands abutting, adjoining and
adjacent to such property upon which said improvements are to be made and on and against
all lots and lands benefitted by such improvements included in said District and to defray the
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 adoption of this Resolution of Intent to Create
Local Improvement District No. 31, has determined the ownership of the property to be
included in said proposed improvement district, as set forth on Exhibit 1 attached and made a
part hereof.
NOW, THEREFORE, BE IT RESOLVED 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 sidewalks, curbs, gutters, streets, sanitary sewers and other public utility works
together with other work incidental to all of the foregoing improvements in the designated
areas to be accomplished, and for that purpose to create and establish a Local Improvement
District thereon to be known as Local Improvement District No. 31 for the City of Rexburg,
Idaho, comprising said areas in which said work is to be accomplished and the lots and land
abutting, adjoining and adjacent thereto and the lots and lands benefitted by such
improvements and situated in said District. A description of the boundaries of the District to
be created, a definition of the areas in 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 are attached and made a part of the Resolution as Exhibit 1.
SECTION II. The kind and character of said improvements are as follows: To cause
certain sidewalks, curbs, gutters, streets, sanitary sewers and other public utility works within
the corporate limits of said city to be removed, re-graded, prepared, constructed and re-
constructed, and other work incidental to all of the foregoing improvements in the
designated areas to be accomplished, 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 said District and of said
improvements are One Million Seventy-nine Thousand Two Hundred and Two Dollars
($1,079,202), which sum is to be allocated and paid as follows:
From levy on impacted property .......... $490,268
From general funds of the City ............ $588,934
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 areas
within which said improvements are to be made, and upon lots and lands benefitted 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
RESOLUTION 99-04 2
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benefits derived to such property by said improvements, or a combination thereof, subject to
any variations therefrom to be determined by the Council.
The cost and expenses of said improvements within street and alley intersections and
other City costs are, 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 or from state or federal grants, 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 Wednesday, the 16r'' day of June, 1999, at 8:00 o'clock p.m., of said day, and the
offices of the City of Rexburg, in the City Hall located at 12 North Center in the City of
Rexburg, Idaho, be, and the same is hereby designated as the time and place when all protests
against the creation of said District or the making of any other objections in relation thereto,
shall be accepted for consideration 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 5:00 o'clock p.m., on Wednesday, of the same date.
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 N0.31, AND HEARING PROTESTS
NOTICE IS HEREBY GIVEN that at a regular meeting of the City Council, held on
May 5, 1999, 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. 31, to accomplish certain sidewalks, curbs, gutters, streets, sanitary
sewers and other public utility works together with other work incidental to all of the
foregoing improvements, in the designated areas to be accomplished. 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:
The estimated total cost of said improvements is One Million Seventy-nine Thousand
Two Hundred and Two Dollars ($1,079,202), of which the sum of Four Hundred and Ninety
RESOLUTION 99-04 3
Thousand Two Hundred and Sixty-eight Dollars ($490,268) 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
benefitted by such improvements are to be made and upon lots and lands benefitted 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
Five Hundred and Eighty-eight Thousand Nine Hundred and Thirty-four ($588,934) is the
total cost and expenses which will be paid from general funds of the City of Rexburg or from
state or local grants.
NOTICE OF HEARING
NOTICE IS FURTHER GIVEN that written protests against the creation of Local
Improvement District No. 31 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 5:00 o'clock p.m., on Wednesday, the 16t'' day of June, 1999, and such protests will be
heard and considered by the Mayor and Council at an, open and public meeting of the City
Council to be held at 8:00 o'clock p.m., on Wednesday, the 16"' day of June, 1999.
Reference is hereby made to said Resolution of the City Council now on file in my
office, available for public review for further information in regard thereto.
DATED this 2nd day of June, 1999.
~.
Rose Bagley r °
City Clerk
Councilman Glen Pond made the motion and Councilman Kay Beck seconded the
adoption of the Resolution No. 99-04 declaring the intention of the City Council of the City
of Rexburg, Idaho, to create Local Improvement District No. 31, 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
Nyle Fullmer ~~
Paul Pugmire Aye
Marsha Bjornn Aye
Kay Beck Aye
Farrell Young Aye ~
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RESOLUTION 99-04 4
STATE OF IDAHO )
County of Madison )
City of Rexburg )
I, ROSE BAGLEY, City Clerk 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 5th day of May, 1999, and that Resolution No. 99-04 creating Local
Improvement District No. 31 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 May 5, 1999, 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, the 2°a day of June, 1999.
Ci Clerk
STATE OF IDAHO )
County of Madison )
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.
That, acting as such Clerk, on the 5th day of June , 1999, 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, with the limits of said proposed Local Improvement
District No. 31, 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. 31, and Hearing Protests, for
the improvement and construction of certain sidewalks, curbs, gutters, and other work
incidental to all of the foregoing improvements within the areas set forth in Resolution No.
99-04 adopted by the City Council of Rexburg, Idaho, on June 2"d, 1999.
Further affiant saith not.
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Rose Bagley rty erk
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SUBSCRIBED AND SWORN to before me this ~'e~;, ~~~la~=~ ws~ ~ .1999.
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RESOLUTION 99-04