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HomeMy WebLinkAbout1978.07.05 CITY COUNCIL MINUTES (2) ~~ ST,~TE: Off' I:DA.HO~ . ;t ~g ( COUNTX` QF D SON',, } S S ~ ~ (- CITY OF REXBURG.. S regular meeting of the.-City Countil of th.e City o.f Rexburg Madison County, da,ha~. was held on th.e 5th day of July, 19.78, at the hours of 7s3~ Q.M, at the City Hall, being the regular meeting place of said Council, at which mee.tnc~ there were present and answering roll call, the following, who constituted a quorum: '~ayor Counc lmeri absent: Also Present: John C, Porter Barton Jensen Darlene Blackburn Jim Morris Nile Boyle Morgan Garner Warren Porter None 3~fton Axiderson, City Clerk nary Smith, City attorney Thereupon the folloHr~ng proceedings were. had and taken; On motion of Councilman Nile Boyle , seconded by ' Councilman Darlene Blackburn , it was unanimously determined and E carriedg (a )_ That th.e purposes for the creation of th.e District is to cause certain streets and alleys and parts thereof within i the corporate limits of said City to be graded,. regraded, t graveled,, paved,. re¢paved and otherwise improve the hereinafter 5' dsecri~bed streets wi~th.n the bistrct and to construct and reconstruct curbs,. gutters,san ary sewer mains anal service lines, water mains and service lines, drainage facilities, a canal bridge,. and other work incidental to all of the foregoing improvements along said streetsR Cb) that the. district and said improvements are-for the best interests of the property affected and th_e City of Rexburg, Idaho; (c) that there is reasonable probabli y that the. obligations of such d_str.ct to be issued for said improvements will be paid; that said properties are 1 not included in any other improvement districts; that the value ,, of the property within. the proposed district is sufficient. Councilman Barton Jensen introduced, and there was read, the following Ordinance in full: -2~- ORDINANCE NO. 592 AN ORDINANCE CREATING LOCAL IMPROVE'~1ENT DISTRICT NO. 23 IN REXBURG, IDAHO, FOR THE PURPOSE OF CAUSING 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 IMPROVE THE HEREINAFTER DESCRIBED STREETS WITHIN THE DISTRICT AND TO CONSTRUCT AND RECONSTRUCT CURBS, GUTTERS, SANITARY SEWER MAINS AND SERVICE LINES, WATER MAINS AND SERVICE LINES, DRAINAGE FACILITIES, A CANAL BRIDGE, AND OTHER T+00RK INCIDENTAL TO ALL OF THE FOREGOING IMPROVEMENTS ALONG SAID STREETS. WHEREAS, on the 1st day of June, 1978, the City Council of the City of Rexburg, Madison County, Idaho, adopted a Resolution declaring the intention to create Local Improvement District No. 23 to cause certain streets and alleys and parts a l thereof within the corporate limits of said city to be 9 graded, re-graded, graveled, paved, re-Waved and otherwise improve the hereinafter described streets within the District and to construct and reconstruct curbs, gutters, sanitary sewer mains and service lines, water mains and service lines, drainage facilities, a canal bridge, and other work incidental to all of the foregoing improvements along said streets, which ar resolution authorized the publication and mailing of_ notice .. of intention to construct such improvements and to create such Local Improvement District, and ~', WHEREAS, such notice was duly published and mailed as provided by law, and WHEREAS, on the 21st day of June, 1978, the City Council met at the hour of 9 o'clock P.M. for the purpose of hearing ~4 protests against the creation of the proposed district and/or the construction of said improvements, and other objections %': ~ in relation thereto, and y WHEREAS, in response to such published and mailed notice, the Clerk reported three written objections were filed against the creation of the district and the construction of certain ~' proposed improvements in certain areas of the proposed improve- k' ment district, that after hearing and consideration, the property ~' of all three Protestants was deleted from the proposed ', ~! I -25- • • i,mpro~ezrient d~:,strict and WHEREAH~, no oral protests ~e.ze made. be~are- the Council an_d Tr~HERE~,S'c tFie City Engine.e.~ after the. deletion o£ such. prope~te,s From th.e proposed district, made revised estimates o~ tYs: cos°t off' a.ll labor and- matexia,l for the construction o~ tle: proposed i~znprovemen.ts in. sa:d D.s°trict ~ .such.. est~:mate a~ total colt be.~;ngthe. sum o~~ $3Q.Q.,Q_Q~.O!,Qa:~ and [~HERFAS~ th'e portion a~ such_ total cost to be assessed upon: and agai~n.st th:e grope-rtv within staid District b.enc~ beri.e.f.ted by the construction o~ sa:d mpro~rements is $157rOQQ.QQ, and WHEREAS ~ al.l ~rel;minary~ ste.ns and proceedings n.e.cessa.ry for the. Great:on o~ maid improvement di trct and. th_e constructi. of the proposed improvements the~e.in have.been duly taken and a.dopte.dr THEREk'0!'tE, LE: IT QRDA~:NED b:y th.e :-~ayor anal the: Council. o~ the city o~ Rexburg ~dah:c Section l,. That there sha11 be and there hexeby is created a, local m~rov`e-merit d.st~rct :n the G:ty o~ Rexburg, Idaho, ~~ to be known and des_gnate.d 'rLocal IImprovement District No, 23, €i Ci't~ o~ Rexburg, Idahz~""r ~rhi'ch: shall include. all o£ th.e lots, ,; Tandy and parcels o£' real property within the boundaries o~ ~; ~p saX7. Dstr:et .. ' Section 2. Said District is within. the. City of Rexburg, i ~~ I:dah.o~ and ,s more. x~art.cularly described as follows; ~~ ~~ Sheshone Avenue; Any and all pxo~e~ty wh%ch,abuts, adjoins, or s~ ad~acen to any Hart of Shoshone Avenue. between Second South_and the. South_dne. of dill Hollow '' E tatecs Subdiwisi:ori anal the. South. line o~ the. Randall. ~! Indian Hi: Ls Eatates` Subdivision o£ th.e C,t_y of Rexburg, ~~ more particularly described as follows; ~j ~~ AlT of lots 1r 2~ 3,. 4~ 5r 6:, and the: street island of the :M.ll Hdllow He.i:ghts: Subdivision of. the C~t~ of Rexburg.. Also, Lot 1,, B1ock.1 0~ th.e First Amended +~ RTat of the. Nevlle.Va.lle.vew Addition to the City of Rexburg. ~' ____~E Fourth- BVest Street and Fi;£th. South. Street; A,ny anal all et grope:rty~ wh~ch_ abuts , add oins or :s ada acen.t to any part -26- ` • of Fourth West Street between cr Fifth South. Street between more particularly described as • Fourth. South. and 550 South Fourth. West and Fifth West, follows: Commencing at the Northwest corner of Block 4 of the Klingler Addition to the City of Rexburg; thence East 115.5 feet; thence South. 330 feet; thence East 214.5 feet; thence South 165 feet; thence East 165 feet; thence South 165 feet; thence West 495 feet; thence North 660 feet to the point of beginning. Also, commencing at the Northeast corner of Lot 4, Block 3 of the Klingler Addition to the City of Rexburg; thence South. 330 feet; thence West 627 feet; thence. North 165 feet; thence East 297 feet; thence North. 165 feet; thence East 330 feet to the point of beginning. Also, all of Lots 1 and 2, Block 6 of the Klingler Addition to the City of Rexburg. Also the South one-half of Lot 1 and all of Lot 2, Block. 5 of the Klinglex Addition to the City of Rexburg. Fifth West Street: Any and all property which abuts, adjoins, or is adjacent to any part of Fifth West Street between Second North and Chad Drive, including all of the Ricks-Wade Subdivision, more particularly described as follows: Commencing at a point located North 178 feet from the Southeast corner of the Northeast Quarter of .the Southeast Quarter of Section 24, Township 6 North, Range 39 East, Boise Meridian; thence North 725 feet; thence Hlest 1300 feet; thence South 540 feet; thence East 970 feet; thence South. 185 feet; thence East 330 feet to the point of beginning. Fifth West Street (continued): Also, commencing at the Northwest corner of the Southwest Quarter of Section 19, Township 6 North, Range 40 East, Boise Meridian; thence East 660 feet; thence South 1025 feet; thence West 600 feet; thence North 1025 feet to the point of beginning. Also, all of Lots 2, 3, and 4, Block 1, all of Blocks 2 and 3, and all of Lots 2, 3, 4, 5, 6, and 7, Block 4, Bell-Bigler Addition to the City of Rexburg. First North Street: Any and all property which abuts, adjoins, or is adjacent to any part of First North Street between Fourth West and Fifth West, more particularly described as follows: Commencing at the Southwest corner of Block 27 of the Rexburg Townsite; thence North 148.5 feet; thence East 222 feet; thence North 99.5 feet; thence East 78 feet, thence North 82 feet; thence East 327 feet; thence South 330 feet; thence West 627 feet to the point of beginning. Also, commencing at the Northwest corner of Block 28 of the Rexburg Townsite; thence East 627 feet; thence South 123 feet; thence West 82 feet; thence South 32 feet; thence West 149 feet; thence South 175 feet; thence West 396 feet; thence North 330 feet to the point of beginning. Salem Avenue: Any and all property which abuts, adjoins, or is adjacent to Salem Avenue, more particularly des- cribed as follows: Commencing at a point 25 feet North of the Southwest corner of Lot 2, Block 29, of the Rexburg Townsite; thence North 57.5 feet; thence East 330 feet; thence North 17.5 feet; -27- • • thence East 82.5 feet; thence South 75 feet; thence West 412.5 feet to the point of beginning. Also, commencing 25 feet South of the Northwest corner of Lot 3, Block 29 of the Rexburg Townsite; thence East 330 feet; thence South 125 .feet; thence [n7est 150 feet; thence South 15 feet; thence West 180 feet; thence North 140 feet to the point of beginning. Second Tn7est Street: Any and all property which abuts, adjoins, or is adjacent to any part of Second West Street between Second North and Third North, more particularly described as follows: Commencing at the Northeast corner of Block 12 of the Rexburg Townsite; thence South 660 feet; thence West 247.5 feet; thence North. 165 feet; thence East 17.5 feet; thence North 165 feet; thence West 100 feet; thence North 165 feet; thence East 230 feet; thence North 165 feet; thence East 100 feet to the point of beginning. Also, all of Lots 2 and 3, Block 13 of the Rexburg Townsite. Third East Street: Any and all property_ which abuts, adjoins or is adjacent to Third East Street between Second North and the Rexburg Canal, more particularly described as follows: Commencing at the Southeast corner of Block 17 of the Rex- burg Townsite; thence West 85.25 feet; thence North 115 feet; thence West 55 feet; thence North 50 feet; thence West 89.75 feet; thence North 165 feet; thence West 100 feet; thence North 318 feet, more or less, to the South R/W line of the Rexburg Canal; thence Southeasterly along said canal R/W 373 feet, more or less; thence South 525 feet, more or less, to the point of beginning. Also, commencing at the Southwest corner of Block 18 of the Rexburg Townsite; thence North 545 feet, more or less, to the South R/[~1 line of the Rexburg Canal; thence Northeasterly along said canal R/W 340 feet, more or less; thence South 447 feet; thence West 165 feet; thence South 56.5 feet; thence West 82.5 feet; thence South 108.5 feet; thence West 8.2.5 feet to the point of beginning. Yale Avenue: Property owned by James Lamph and property owned by Vivian Bagley which fronts on Yale Avenue, more particularly described as follows: Commencing at the Southeast corner of Lot 4, Block 5, Sorenson Addition to the City of Rexburg, thence South 100 feet; thence West 150 feet; thence North 100 feet; thence East 150 feet to the point of beginning. Also, commencing 662.17 feet North of the Southeast corner of the Northwest Quarter of the Southwest Quarter of Section 29, Township 6 North, Range 40 East, Boise Meridian; thence North 115 feet; thence West 150 feet; thence South 115 feet; thence East 150 feet to the point of beginning. Third West Street: Any and all property which abuts, adjoins, or is adjacent to any part of Third West Street between Second North and Third North, more particularly described as follows: Commencing at the Northwest corner of Block 12 of the Rexburg Townsite; thence East 165 feet; thence South 165 feet; thence East 165 feet; thence South 247.5 feet; thence West 132 feet; thence South 82.5 feet; thence West 66 feet; thence South 165 feet; thence -2 8- ~g i • 1 West 132 feet; thence North. 660 feet to the point of ' beginning. Also, commencing at the Northeast corner 3 of Block 11 of the Rexburg Townsite; thence South 660 p'' feet; thence West 115.5 feet; thence North. 660 feet; !', thence East 115.5 feet to the point of beginning. i Section 3. That the improvements to be constructed ~~within said district are. 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 ~~imgrove the hereinafter described streets within the District ;and to construct and reconstruct curbs, gutters, sanitary sewer a mains and service lines, water mains and service lines, drainage ;facilities, a canal bridge, and other work. incidental to all d jof the foregoing improvements along said streets. The names of !, lthe street to be improved, the points between which the ;improvements are to be made and the nature of improvements ialong and upon such streets are as follows: SANITARY SEWER LINE: Third East Street between 2nd North and the Rexburg Canal. SEWER SERVICES: Third East Street between 2nd North and the Rexburg Canal on both sides of the street. Fifth South between 4th West and 5th West on both sides of the street. WATER LINE: Fifth South between 4th West and 5th West. WATER SERVICES: Fifth South between 4th West and 5th West on the South side only. CURB AND GUTTER: Shoshone Avenue between 2nd South and the south line of the Mill Hollow Heights Subdivision, East side of the street only. Also, on Lot 1, Block 1, First Amended Plat of the Neville Valleview Addition. 4th West Street from 4th South to 550 South on the East side only. 5th South street between 4th West and 5th West. Both sides of the street. Fifth West Street from 2nd North to Chad Drive on both sides of the street. First North Street from 4th West to 5th West on both sides of the street. -2~- M' ,~ ~ ~ ~e . i ' ~ A11 0~" Salem A:vexiue ern bbth_ s:i.des o~ ths; street, Second. West Street from 2nd North- to 3rd North on ' both- s~~des~ of the: sareet, +' Third West Street from 2nd North- to 3rd North.. on i both- sides of the• strre.e-t, f ~ ~' Xale A,v'enue in front off' Lots owned by ,T-amen Lampli. ~; and Vivian Sagle.~r~ only, ~ _.. PAVING Sh~shQne Avenue, from Second South. to ths- South. l.,ne. o~ the: M%ll Hollow Hea::ghts~ Subdivision o~ the. City of. ¢~ Rexburg and to 350: South S:tre_et, 4= Fourth'. T~es~t Street from .4th- South- to 550, South., ~± s, °~ Fifth. South- Stre.e_t from 4th- West: to 5th- West, ~~ As~ha;lt Sties Repair on 3rd East between 2nd North. ~~ and ths. Rexburg Ganal.. ~, ~~ Fifth West S'tree-t between 2nd North- -and Ch.a,d Drive. 6': ~ All o~ Salem Avenue-. x! ~~ F%rst Nortfi~ S•tree.t between 4th Vae.st and 5th. West, Second We ~t Stree.t be-twe.en 2nd North and 3rd North. ~~ Third We-st Street between 2nd North. and 3rd. North, `~ ~' Yale Avenue 'n Front o~ Iots owned by ,Tames Lamph_ j and Vivian Ba,gle~ only. ii BRIDGr~ ,: ~. A, canal bridge-will be: constructed over the Rexburg Canal i; at F,fth_ South. S'tre.ea, ~} ~t Section 4~. ~n ths~judgment o~ the.Cty Council of the ;, !said Ci:ty~ it s'fair and equitable that $143,00:0.Q0 of said r` ~ftotal cost be. pa:.d by sai:•d City from its general fund for the ,. ;cost-and expense of street and alley intersections and Having y~wthin the proposed District and in addition. thereto, the said ~i f~City shall pay th.e costs and expensed of improvements to be. if icon txucted on streeas and alleys adjoining lots and lands owned ~~. Eby the City o~ Rexburg. The. costs and expenses of th.e proposed 9 ,improvements to be assumed and paid by th_e said City are. deemed ,~ 4[to be fair anal equitable in consideration of the public benefit i Sto be deri:ve.d by said City,from the construction of said vements. 30 • • Such part of the.-cost and expense's of the.. proposed improvement as is not paid or assumed by the City shall be assessed against the lots and lands: abutting, .adjoining, contiguous or adjacent to the proposed improvements and upon lots`and lands b.enef ed by the proposed .mprovements.. Section 5. E;ach_lot and parcel of land shall be. separately assessed for ats share. `of the:-costs and expenses of constructing said. improvements according to a. front foot method or a square foot methed, ox comb:haton the:reo~, or an. proportion to the benefits` der~:ved to such: property by said improvements, subject to any variations tIie.re~rom. Section 6. Thy Comm~atee: on Streeas; and the: City I' Engineer are he:reby dire-cted to prepare an rise sment roll according to the provisions o~ this Ordinance. and the l~.w under which. said Improvement Da.str~ct i.s created a~te.r contracts. for th.e construction of said improvements have been let; said asse~s~sment roll shall con an,, aznonc~ other th%ngs, the:numbe.r of the. assessment, the name. of the owner ~~ known., or ~~ not known a statement to that effect, a de.scri.pton of each Iot or tract asses-seal and the total amount of the asse sment; which assessment roll, upon. its comple.ti:on shall. he ce.rtafied to the. City Council. by saa:.d Committee. on Stre.e.ts and said Gaty Engineer. Whereupon, the. City Council will fix a tame ~nrhen objections thereto by~th.e property owners in said District will. be heard and wa1T cause. such:assessme.nt roll to be filed .n. the office. of th.e City Clerk, ~' Section 7. A public nota.ce calling for bads for ~; constructing said improvements shall be. given by the.Ma,yor and City Clerk. an three consecutive weekly issues off' the. Rexburg Standard-Journal,. the offaci.al newspaper of said City. Said notice shall state th.e time., place. and hour when and where the. I City Clerk would re.ceave sealed proposals for the: construct..on s of such, improvements, and shall set forth. a. general descr.pti,on of the kind and amount of work to be done, and that the plans and specifications for said improvements were on file in the -3L • • offices: of the. Gity Clerk and C:tX Engineer ~Qx' inspection. i~ The notice shall also state the: dater hour and place o~ the. bi,d opening. Section 8. All ordinances or parts thereof in conflict herewith- are hereby repealed. Section 9. gy reason of the fact that the construction of s=aid mprovemierits is imperative-ly neces_sa.ryr it .s h.e.reby declared that an emergency~exstsr that this Ordinance i.s nece saxy to the .mmed:ate. grese.rvaton of the public peace. and safety, and that it shall Fae in dull force. anal effect from and after its passage r. approval and publication as provided by law. PF~SBED bar the- City Coun-cl o~ th_e City of Rexburg, ~dah-o, this 5th day of ~Tulyr L~_78. APPROVED by the. `Mayor of the City of Rexburg, Idaho, tha 5th- day of Julyr .19.78, ` J '~ ,, ,~ r`- Ma ~ . --_.___ ,.% CSeal ~. ATTEST : ~. . (~~ va"µ. . city ei k. -3 2- i i~ • • STATE OF IDAHO, 5S. County of Madison. ) I, AFTON ANDERSON, City Clerk of the City of Rexburg, Idaho, do hereby certify: That the foregoing is a full, true and correct copy of an Ordinance entitled: "AN ORDINANCE CREATING LOCAL IMPROVEMENT DISTRICT NO. 23 IN REXBURG, IDAHO, FOR THE PURPOSE OF CAUSING 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 IMPROVE THE HEREINAFTER DESCRIBED STREETS WITHIN THE DISTRICT AND TO CONSTRUCT AND RECONSTRUCT CURBS, GUTTERS, SANITARY SEWER MAINS AND SERVICE LINES, WATER MAINS AND SERVICE LINES, DRAINAGE FACILITIES, A CANAL BRIDGE, AND OTHER WORK INCIDENTAL TO ALL OF THE FOREGOING IMPROVEMENTS ALONG SAID STREETS", passed by the City Council of said City and approved by the Mayor on the 5th day of July, 1978. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said City this 5th day of July, 1978. City Clete. 0 ( Seal ) -33- • • Thereupon it was moved by Councilman Morgan Garner and seconded by Councilman Warren Porter that the rule regarding ordinances of a general and permanent nature to be fully and distinctly read on three different days be dispensed with and that said Ordinance be numbered 592 and be passed and' adopted as read. Thereupon the Clerk was ordered to call the roll on said motion and the roll call upon said motion was as follows: Those voting AYE: Councilmen: Barton Jensen Darlene Blackburn Jim Morris Nile Boyle Morgan Garner Warren Porter Those voting NAY: Absent: None, None The Mayor thereupon declared that the motion, having been passed by not less than three-fourths of the Council, had been duly carried, and that said Ordinance No. 592 was duly passed and adopted. The City Clerk was directed to publish said Ordinance or Rexburg Journa No. 592 in at least one issue of the Rexburg Standard,/a newspaper published in the City of Rexburg, Idaho. Thereupon the meeting adjourned. n (Seal ) ATTEST: ~~ City C rk -34- it • • STATE OF IDAHO, ) COUNTY OF MADISON, )55 CITY OF REXBURG. ) I, AFTON ANDERSON, the duly chosen, guali.fied and acting Clerk of the City of Rexburg,. County of Madison, State of Idaho, do hereby certify that the foregoing pages numbered 24 to 34 , 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 5th day of July, 1978, at the hour of 7:30 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 meetings therein shown were duly held, that the persons therein named as present at said meeting were present as shown by said minutes, and that all the members of the City Council were duly notified of said meeting. WITNESS my hand and the seal of the City of Rexburg, this 5th day of July, 1978. City erk (Seal) -35-