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HomeMy WebLinkAboutResolution 2007-02- LID 37 RESOLUTION NO. 2007-02 A RESOLUTION DECLARING THE INTENTION OF THE CITY OF REXBURG, IDAHO, TO CREATE LOCAL IMPROVEMENT DISTRICT NO. 37 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. 37 ("LID 37"), and within the City, that the proposed LID 37 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 37 to make the improvements as hereinafter set forth. Section 2: The boundaries of the proposed LID 37 and of the properties to be assessed are generally described in "LID 37 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 $ 207,824.08. Approximately $ 43,614.08 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. Instrument # 335091 REXBURG, MADISON, IDAHO 2007-02-27 10:40:00 No. of Pages: 5 Recorded for :CITY OF REXBURG MARILYN R. RASMUSSEN Fee: 0.00 Ex-Officio Recorder Deputy 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 front 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 7th day of March, 2007, 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 37 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 37 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 6th day of March, 2007, 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 37 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 21St day of February, 2007 CITY OF REXBURG Madison County, Idaho ATTEST: By ~ r~ ~ .-~---- ~ Shawn Larsen Blair D. Kay Mayor City Clerk NOTICE OF HEARING ON CREATION OF LOCAL IMPROVEMENT DISTRICT NUMBER 37 CITY OF REXBURG, IDAHO NOTICE IS HEREBY GIVEN that Wednesday, the 7th day of March, 2007, 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. 2007-02, as the time and place for public hearing at which the owners of property to be assessed within proposed Local Improvement District No. 37, ("L.I.D. No. 37") 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. 37 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. 37 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. 37 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 $207,824.08. Approximately $43,614.08 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 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. 37 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 6th day of March, 2007, by any owner of any parcel of land to be assessed. DATED this 22"d day of February, 2007. 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 loelgt~rexburg. orq PO Box 280 Rexburg, ID 83440 EXHIBIT "B" LID 37 MAP ITEM # SECTION NO. DIR. STREET COMPANY/L NAME F NAME 2NDS&5THW 601 30 323/339 W 2nd South Jenkins Frank L & Lewis V 602 30 429 W 2nd South Holdin Trust R & I 603 30 429 W 2nd South Cit of Rexbur Handica Access 604 30 a r. 430 W 2nd South S uires Reed Famil Limited Partnershi 605 30 a r. 430 W 2nd South Cit of Rexbur Handica Access 606 30 208 S 3rd West K1in ler Elra 607 30 208 S 3rd West Cit of Rexbur Handica Access 608 19 34 N 5th West Rowber Irma C 609 30 127 S 5th West S uires Brick Inc. S uires 610 30 195 S 5th West Fer uson Michael D 611 30 195 S 5th West Cit of Rexbur Handica Access 612 25 204 S 5th West T chsen Gordon 613 25 204 S 5th West T chsen Gordon 614 30 205 S 5th West Merrill Jer L 615 25 210 S 5th West Henderson Claude L 616 30 251 S 5th West Barrick Lowell S. 617 30 265 S 5th West Mason Ilene 618 30 349 S 5th West Frienshi Club U er Valle 619 30 Int of a r. 1st S 5th West Cit of Rexbur Road RoW 620 30 Apr. 155 S 5th West Squires Reed Family Limited Partnership 621 30 a r. 259 S 5th West Barrick Jerome S 622 30 a r. 365 S 5th West Miller. Clint 623 30 Apr. 355 S 5th West Intermountain Gas 624 19 470 W Main St Vir in Wa ne D 625 25 511 Park St Shile Kevin P 626 25 511 Park St Ci of Rexbur Handica Access 627 30 Porter Park Cit of Rexbur Handica Access SHOSHONE 501 29 550 Terra Vista Dr Jacobs Frank 502 29 550 Terra Vista Dr Cit of Rexbur Handica Access 503 29 440 Shoshone Sellers Dee 504 29 440 Shoshone Cit of Rexbur Handica Access 505 29 420 Shoshone Parkinson Philli 506 29 420 Shoshone Ci of Rexbur -Grader Dama e 507 29 553 E 4th South Cit of Rexbur -Grader Dama e 508 29 530 Rollin Hills Drive Rudd Mark D 509 29 530 Rollin Hills Drive Cit of Rexbur -Grader Dama e PIONEER 8~ MARIAH 701 25 669 Pioneer Road Thiros Louis 702 25 557 Mariah Kootenai Investment J ,!' 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.) STANDARD JOURNAL Rexburg, Idaho St. Anthony, Idaho Ashton, Idaho AFFIDAVIT OF PUBLICATION STATE OF IDAHO Madison and Fremont Counties I, Jeff Rydalch, being first duly sworn, depose and say, that I am the business manager of the STANDARD JOURNAL, a 5 times a week newspaper published 5 times a week in Madison and Fremont Counties, Idaho; and I do solemnly swear that the Hearing on creation of Local Improvement District No. 37, city of Rexburg, a copy of which notice appears attached hereto, was published in the regular and entire issue of said newspaper, and not in any supplement issue, once each week thereof for two successive issues, the first publication having been made on February 24, 2007 and the last publication having been made on March 3, 2007. Further, that said newspaper is one of general circulation in said county; that it is a legal newspaper, conforming to legal specifications under the Idaho Statutes; that it has at least two hundred bona fide subscribers living within the county of publication; and that it has been continuously and uninterruptedly published in said county during a period of seventy-eight consecutive weeks prior to the first publication of the said notice. STATE OF IDAHO COUNTY OF MADISON On this 5th day of March in the year of 2007 before me, a Notary Public, personally appeared Jeff Rydalch, known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the statement therein are true, and acknowledged to me that he executed the same. NoC~ry Public for Idaho Residing at Rexburg, Idaho My commission expires: December 18, 2012. NOTICE OF HEARING ON CREATION OF ' ^~^' IMPROVEMENT DISTRICT NUMBER 37 CITY OF REXBURG, IDAHO NOTICE IS HEREBY GIVEN that Wednesday, the 7th day of March, 2007, 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 Resolu- tion No. 2007-02, as the time and place for public hearing at which the. owners of property to be assessed within proposed Local Improvement District No. 37, ("L.LD. No. 37") may appear before .the City Council (the ' "Council") of the: City of Rexburg, (the "City") and be heard as to the pro- priety`and advisability of creating L.LD. No. 37 and acquiring and con- structing the Improvements, as hereinafter described, and as the time and place when and where the Council will consider the creating-of the proposed L.LD. No. 37 and the acquisition and construction of the pro- posed improvements, and hear allcomplaints, 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:IA. No. 37 is within the city limits and is described below as "Address:". A general description of the improvements to be constructed (the "Im- provements") is as follows: the installation and/or replacement ofi streets, curbs, gutters, sidewalks, driveway approaches, water lines, sanitary sewer lines, storm: sewer lines, r®tair~ng- walls and other improvements as necessary, together with related, improvements and costs of engineer- ing, legal` services, publication, interest on borrowed funds during con- struction, bond issuance costs and reserves, and other related expens- es. The estimated total cost of the Improvements is approximately I $207.,824.08. Approximately $43,614.08 will be paid by the City, repre- senting th+e amount of benefit to the general public resulting from the im- provements. The .balance of the cost will be paid by a levy of special as- sessments on the properties benefited,.~alculated according to a front foot method in proportion to the benefits derived to such property by said improvements. I The estimated amount to be assessed against your property is listed be- low 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.LD. No. 37 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 6th day of March, 2007, by any owner of any parcel of land to be assessed. DATED this 22nd. day of February, 2007. CITY OF REXBUfiG 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 pec individual mailed notice) Questions about this assessment should be directed to: Joel Gray, .Engineer - 208-359-3020 ext. 331 joelg~rexburg.org PO Box 280 Rexburg, ID 83440 Publ. February 24 and March 3, 2007. SJ1496. .~. ®®~ A ~:, . ~~~ ~._4 ~~~ aF''`,~~_6~'