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HomeMy WebLinkAbout1978.06.21 CITY COUNCIL MINUTES (2) AFFIDAVIT OF PUBLICATION OF NOTICE OF AMENDED RESOLUTION OF INTENTION TO ESTABLISH REXBURG LOCAL IMPROVEMENT DISTRICT NO. 23, AND HEARING PROTESTS. ~_-, ,r The REXBURG STANDARD and The REXBURG JOURNAL REXBURG, IDAHO .~ .. ~. , ~t '~ NOTI Q.~,EJ{1~QLU <?~ .. _ 't ~:~~~~:, i "Q IM, ~. RIIfJCB ~C'd4 ' OYEM~ . AffldOYlt Of PUb~ICat101f R+~~~o.2a, ~ Nnrtn ~ ~n ~ougheast"o g,."~ Nor}hwe$t Qr~arter . ~ of the A ~~~~~ PROTESTS. Quarter of Section "29, T STATE OF IDAHO NOTICE jS HER~Y GIVEN that at , a Range 40 East, Bi`>fse ' ss. special meefing of Jt4e City Council held on North 115 feet; ttte' W' County of Madison June 1, 1978, part Att1'iendgd F~solution was theme South 115 feet; fhb' .passed deC'taring the .intention of the C)t~r to the pClihtofbeginn}ng. =' ~~,~ ,' 1, ..Bruce Port er-- - _ - . - _ - Council„of ~ Idaho to 9. ~ d West Stre~9t: ltriy f;~tt City. of Rexbur , , being first duly sworn, depose and say, create a Local lmprovemeri}- strict to be i$uta; ad}oins,,ar.le `" that I am the rinter of THE REXBURG known as=;I~a~ imprvv~en'tttstrtCt No. ~p~~~~~4trd West ~tr~ret f5+~iw p 23, to cage e streets anfl e~11Qys and..., NortlE~t~itf Third North, more., -parts tiger n the r~porate iirhits t daescri#ted as follows: Standard , a newspaper printed and said Git3?~ t#ed, reygradBd, "r~vef~. . ` '" , published weekly at Rexburg, Madison ppaavad,re• ~ ti, Ali~,,SouthStree#. County, Idaho; and I do solemnly swear hgreinatt ~ ointoft~eginning.' - D)strir~t m.• st Street: Any and all ~ BR}pGE that the t '` curbs m .- ts, adjoins, or #s ad• v Y A canal bridge "vrNl t~ constructed~.o+~ Tmpr©vement servw~ c:= o f Second West Street District N®• 23 tin ~ o ~,d ~ rth and Third .North, - the,Re~Fburg OanBitat FiftLi Sou#tt Sheet. t ~', ~ ~ - The estfrryafed total east of said- Im• N r ~ ,cubed as follows: of wht~ the - - - - -- --- --- ----- - __ s ` s rovement8 is :6p0,0©Q.04, ~ copy of which notice appears attached q sai~ ?~ ~3~ .the Northeasteornerof sum of ~325,OOQ.O(k is the total Co~d~and ,exburg Townsite; thence ~ eh~s pf' the improvements which wttl i reto, was published in the regular and 3 _ `~6~, p fire issue of said news a er, and not in t+-SP d~ ~ (hence West 247.5 feet;. be assessed. Aga}net the abutting, ad- P P -ghe 4' 165' feet; thence .East 17.5 joining and adjacent Ipts and IandS a1onQ • II 6Z98~ 3~~ nlorth 185 feet; thence West or upon which such improvements are to - I any supplement issue thereof forthY'e~ Sun pence "North 165 feet; thence ~ madeand upon l~ot8and iendsbtl4-~ttil~d,, consecutive issues, the first publication hav- ~g 2e fast; thence North 165 feet: by attch improvements and included in the JtYj~~ :ast 100 feet to the point of; Dtst[ict to be:created, accortling to a front '8 /~~ ng. Also,'alt of Lots.2 and 3, Block foot method, or a square font m®ihab, ov ing been made on Jun$ 61! ' 19?~3 . p~// .te Rexburg Townsite. cor-tbinatlon ther'eef, or 9n pTaportion td ' and the last publication having been made s/1e third East Street: Any and all property tFte benefits derH+ad to such property by ~ " /r ,ch abuts, adjoins or is adjacent to Third said improvements, subject to any j on __Jun@ 20 ~ 1978 _ _ -. ; Est Street between Second North and the variations therefrom "to be de#e~ttst-red by ~; Rexburg Canal, more particularly the Councif.The surh of $'1T5,00000`is i>'~"; Further, that said newspaper is one of idescribed~as follows: total cost and expenses which wiH tee pant general circulation in said county; that it Commencing at the Southeast corner of from general funds of theGityaf l~lfburg. ' is a legal newspaper, conforming to legal Block 17 of-the Rexburg Townslte;thence Such Improvements are arlgirsal, furthef specifications under the Idaho Statutes; that - West .8525 feet; thence North •1i5 fast; and addltlonal improvements and re• ~' it has at least two hundred bona fide sub- thence West 55 feet; thence North 50~eet; improvements. ~, scribers living within the county of publics- 'thence West 89.75~,feet; thence Notch 165 ~ . feQt; thence West .100 feet; thence North f+IfaTIGE t~E~1fEARt~tta ~ lion; and that it has been continuously and 318 feet, more or less, to the South RIW ' uninteruptedly published in said county dur- line of the Rexburg CanaN, thence: South• NOTICE iS FURTH~RGIVEN that writ€~ ' a period of seventy-eight consecutive weeks easterly- along said canal RIW 373 feet, protests agaMst the creathm of LA~-}' . prior to the first n of the said not- ~ more or less; thence South 525 fAet, more Improvement District No. 23 ar any other " ice. cr'-less, to the point of beginning. Also, objectionsJn relation tt-ereto, may be filed commencing at the Southwest corner of }n my offlca in the City Hall Butldirp in tire.. BlocJc 18 of the Rexburg Townsfte; thence City of taexburg, Idaho, on or before north 545. feet, more or less, to the Southo'clock P.M. on Wednesday, the 21stdgy,~? - R1W line +pf the Re~hurg Canal; thence. June, 'l$7$, and sash protasis wilt be heaxd ~~~ Nortfieasterly along said canal RfW 340 and corr4~ered by the Mayor and Gounclt feet, more or less; Thence South 447 feet; at a regular, open and public meeting of the" ~ thence West. 165 feet; thence South 56.5 City~Courtetl to tae hekf at 9:00 o'clock PaQt. x _._ ubscribed to and sworn to before mej feet; thence West 82.5 feet; them South on Wednesday, the2lstdayofJune,t978, { 1.08.5 feet; thence West .82.5 feet tb the Reference is h~r~~y made to sa,ut point of beginning. Amended Resotutaan of 4he City Council s .- t1hE 2 197 ~ g, Yale Avenue: Property owned tS~ now on file. in my office for further in- ~~ r James tamph and property. owned by ` formation,inregardthereto. ,,,, ~ , ~~i/(~ ViYlatt 8agfey which fronts on Yale Avenue, Dated this 1st day of June,1978. - ~ ~--' t moue particularlydescribed as foitov~s: _ )sJ AFTONANDEN Notary Public. Commegcing at the Southeast corner of ` E4ty Clerk (SEAL i Lot 4, Block 5, Sorenson Addition to the ~ (Seal) ~. > ? ' City of Rexfwrg thence..South 100 feet; My commission expires lfetint@ thence West.~150 feet; ;thence NcNth 1t)0 PubLJune613,,~&201S78S`' - ?F :' I~ ' .~ __~ ~- -18- • • STATE OF IDAHO, ) COUNTY OF MADISON. ) CITY OF REXBURG. ) A regular meeting of the City Council of the City of Rexburg, Madison County, Idaho, was held on Wednesday, the 21st day of June, 1978, at the hour of 9:00 o'clock p.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: John C. Porter Councilmen: Barton Jensen Nile Boyle Darlene Blackburn Warren'Porter Morgan Garner James Morris Absent: None Also Present: City Clerk, Afton Anderson City Attorney, Mary Smith City Engineers from the firm of Forsgren & Perkins Thereupon the following proceedings, among others, ;; were duly had and taken: `' The City Clerk notified the City Council that the ,, ;! Notice of Intention to cause certain streets and alleys and parts thereof within the corporate limits of said City to be ~~ graded, re-graded, graveled, paved, re-paved and otherwise g a, improve the hereinafter described streets within the District ~1 and to construct and reconstruct curbs, gutters, sanitary sewer i ii water mains & service lines, a~ mains and service lines,/drainage facilities, a canal bridge, and other work incidental to all of the foregoing improvements along said streets, and to create Local Improvement District No. 23 in Rexburg, Idaho, authorized by the Amended Resolution No. 1 adopted by the City Council on the 1st day of June, 1978, had been duly published in the Rexburg Standard on June 6, 13 and 20, 1978, and that the publisher's affidavit of publishing said notice of intention was duly filed in her office. The City Clerk stated that she had filed in her office her affidavit to the effect that on the 6th day of June, 1978, ;she deposited in the United States Mail, postage prepaid, enve-' -19- s~ • • i r~ lopes addressed to each owner of property if known, or said owner's agent, if known, within the limits of said proposed ` ~s Local Improvement District No. 23, City of Rexburg, Idaho, ~I °9 addressed to such erson at his ost office address if known i! p P , !+ 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 said Notice of Amended ReS.olution of Intention r: l That the Mayor had received a written request from the Zackreson Addition to the City of Rexburg asking that their property be withdrawn from the proposed Improvement District. ~~ The letter was read and the Clerk was directed to attach a FS copy of the letter to the minutes. After discussion it was .~ moved by Nile Boyle, seconded by Darlene Blackburn and unanimous `° carried that the request of the owners of the Zackreson Sub- Division be granted and that the property be deleted and excluded from the proposed Improvement District No. 23. The motion was unanimously carried. e The Clerk further stated that she had received an ',, a objection from Harold K. Nielsen specifically protesting the paving along his street and stating that he was in favor of the curb and gutter on 4th West from 4th South to 6th South. Mr. Nielsen appeared in person before the meeting. The matter of the paving and the curb and gutter upon the property belonging to Mr. Nielsen was discussed. Mr. Nielsen stated that he would like to have his entire property deleted from the Improvement District for paving as well as curb and gutter. Inasmuch as this did not affect any other adjacent property, it was moved by Nile Boyle, seconded by Barton Jensen and unanimously carried that Mr. Nielsen's property be excluded and deleted from the proposed Improvement District No. 23. The Clerk stated that she also had a written protest from Jack Randall. Roger J. Hoopes, attorney for Jack Randall, was present at the meeting representing IKr. Randall. Mr. Hoopes stated that Mr. Randall wanted to be excluded from the District and proposed to put in his own curb and gutter under City supervision and according to City specifications and that when the City put in the street, this being Shoshone Avenue, he -20- • C] would pay one-half of the expense for paving and improving Shoshone Avenue. It was moved by Barton Jensen, seconded by Nile Boyle and unanimously carried that Mr. Randall's property adjacent to Shoshone be deleted and excluded from the Improvement District, it being agreed that Mr. Randall would put in the curb and gutter at his own expenses according to City specifi- cations and supervision and that he would pay for one-half of the cost of improving and paving Shoshone Avenue. Mr. Hoopes was also informed that Mr. Randall should return to the City the gravel which he had taken from Shoshone Avenue and hauled away. The mayor then stated that the Counsel would hear any other written or oral protests. There were three other people attending the meeting, however, they stated they had just come for information pertaining to the proposed Improvement District and were not protesting. A general discussion was had but no other written or oral protests were made against the improvements ~ or the creation of the district. Copies of protests are attached hereto marked Exhibit "A". ? There being no further business to come before the meeting, on motion duly made, seconded and carried, the meeting adjourned. ~l ~_. a o -21- • ~ t. , ATTE g City C1 rk. 5~ STATE OF IDAHO, ) I, County of Madison, ) ~I ) 'CITY OF REXBURG. ) ~~ I, AFTON ANDERSON, the duly chosen, qualified and I~ acting Clerk of the City of Rexburg, County of Madison, State of Idaho, do hereby certify that the foregoing pages numbered 1 to 21 both inclusive, are true, perfect and complete copies of the record of the proceedings of the City Council of Rexburg, had and taken at a lawful meeting of said Council held at the City Hall in said City on Wednesday, the 21st day of June, 1978, at the hour of 9:00 o'clock p.m. as recorded in the regular official book of records of the proceedings of said Council kept in my office, and that said proceedings were duly had and taken as therein shown, that the meeting therein shown was duly held, that the persons therein named as present at said meeting were present as shown by said minutes, and that all of the members of the City Council ~` were duly notified of said meeting. WITNESS my hand and the seal of the City of Rexburg, this 21st day of June, 1978. i~ °~ (Seal) . ~---~-- City C1 rk. -22- • • EXHIBIT "A" PROTESTS ~- 1 i R. J. Hoopes HOOPES, SMITH & PORTER Attorneys at Law 30 Professional Plaza Rexburg, Idaho 83440 356-9335 NOTICE OF OBJECTIO?~1'T'n LOCAL IMPROVEMENT DISTRICT 23 COMES NOW, JACK RANDALL, by and through his attorney, R. J. Hoopes of the firm HOOPES, SMITH & PORTER, and gives formal notice to his objection to Local Improvement District #23. Mr. Randall further gives notice that she and/or his attorney will appear before the City Council at the Hearing to be held at 9:00 p.m. on Wednesday, June 21, 1978. I'i Dated this 20th. day of June, 1978. __ ~~ r;,~ ~' c R`: J. Ho es Attorn for Jac -23- dall