HomeMy WebLinkAboutResolution 2007-07- LID No. 38RESOLUTION NO. 2007-07
A RESOLUTION DECLARING THE INTENTION OF THE CITY OF REXBURG, IDAHO,
TO CREATE LOCAL IMPROVEMENT DISTRICT NO. 38 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. 38 ("LID 38"),
and within the City, that the proposed LID 38 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 38 to make the improvements as hereinafter set forth.
Section 2: The boundaries of the proposed LID 38 and of the properties to be assessed are
generally described in "LID 38 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 $ 149,307.04.
Approximately $ 58,343.68 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 May, 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 38
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 38 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 May, 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 38
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 2nd day of May, 2007
CITY OF REXBURG
Madison County, Idaho ATTEST:
By
Shawn Larsen Blair D. Kay
Mayor City Clerk
EXHIBIT "A"
(See attached Notice of Intent to Create form.Z
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 38
CITY OF REXBURG, IDAHO
NOTICE IS HEREBY GIVEN that Wednesday, the 16th day of May, 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. 2007-07, as the time and place for public hearing at which the owners of property to be
assessed within proposed Local Improvement District No. 38, ("L.I.D. No. 38") 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. 38 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. 38
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. 38 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 $149,307.04. Approximately
$58,343.68 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. 38 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 May, 2007, by any owner of any parcel of land to be assessed.
DATED this 2"d day of May, 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
ioelgca'~.rexburg. orp
PO Box 280
Rexburg, ID 83440
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