Loading...
HomeMy WebLinkAbout1978.11.01 CITY COUNCIL MINUTES^, i t • • CERTIFICATE TO REPORT AND ASSESSMENT ROLL OF LOCAL IMPROVEMENT DISTRICT NO. 23, IN THE CITY OF REXBURG, MADISON COUNTY, 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 CERTAIN STREETS WITHIN THE DISTRICT AND TO CONSTRUCT AND RECONSTRUCT CURBS, GUTTERS, SANITARY SEWER MAINS AND SERVICE LINES AND WATER MAINS AND SERVICE LINES, DRAINAGE FACILITIES, A CANAL BRIDGE AND OTHER WORK INCIDENTAL TO ALL OF THE FOREGOING ID4PROVEMENTS ALONG SAID STREETS WITHIN SAID DISTRICT. We, the undersigned, the City Engineer and the Committee on Streets of the City Council of the City of Rexburg, Idaho, ', do hereby certify to the City Council of the City of Rexburg, Idaho, the hereunto attached report and assessment roll con- tained therein has been prepared according to the provisions of Ordinance No. 592 of the City of Rexburg, Idaho, creating Local Improvement District No. 23 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 certain streets within the District and to construct and reconstruct curbs, gutters, sanitary sewer mains and service lines and water mains and service lines, drain- age facilities, a canal bridge and other work incidental to all of the foregoing improvements along said streets within said district, and Section 50-1712, Idaho Code. We hereby certify that the report shows in detail the total cost and expenses of the improvements and the dollar amounts of the same payable from assessments and other sources. Said report also contains the assessment roll numbering each assessment, giving the name, if known, of the owner of each lot or parcel of property assessed, and showing the amount chargeable to each lot or parcel of property according to the method of assessment originally contemplated by the Council, subject to any variations therefrom as a result of the engineer's recom- mendations that the benefits to be received by any lot or parcel of property warrant such a variation from the method chosen. -42- ~ Y' ,.. r / ~~ ~ . --7°~~ City Engineer, of the firm of Fgrsgren & Perkins. l • Each lot or parcel is described with sufficient clearness to identify it, and any variations in the method of assessment are pointed out and reasons given for the same. There are no ,assessments against any property of any public utility. IN WITNESS WHEREOF, we have hereunto set oux hands this 1st day of November, 1978. -4.3- • • STATE OF IDAHO, ) County of Madison, )SS City of Rexburg. ) A regular meeting of the City Council of the City of Rexburg, Madison County, Idaho, was held on Wednesday, the lst day of November, 1978, at the hour of 7:30 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 Warren Porter Morgan Garner Nile Boyle Darlene Blackburn James Morris Absent: None Also Present: Rose Bagley, City Clerk Diary Smith, City Attorney Thereupon the following proceedings, among others, were duly had and taken: Councilman Barton Jensen introduced and moved the adoption of the following Resolution: -44- • • RESOLUTION N0. 3 A RESOLUTION FIXING THE TIME WHEN OBJECTIONS TO THE ASSESSMENT ROLL FOR LOCAL IMPROVEMENT DISTRICT NO. 23 WILL BE HEARD, AND CAUSING SUCH ROLL TO BE FILED IN THE OFFICE OF THE CITY CLERK, AND FIXING THE TIME AND PLACE OF HEARING ALL OBJECTIONS TO THE REGULARITY OF THE PROCEEDINGS MAKING SUCH ASSESSMENT, THE CORREC NESS OF ASSESSMENT, THE AMOUNT LEVIED ON THE PARTICULAR LOT OR .PARCEL IN RELATION TO THE BENEFITS ACCRUING THEREON, AND IN RELATION TO THE PROPER PROPORTIONATE SHARE OF THE TOTAL COST OF .THE IMPROVEMENTS IN THE PROJECT, ALSO DECLARING THE INTENTION OF THE CLTY COUNCIL OF THE CITY OF REXBURG, IDAHO, TO LEVY AN ASSESSMENT AGAINST PROPERTY WITHIN IMPROVEMENT DISTRICT NO. 23 AS PROVIDED BY LAW. WHEREAS, the City Engineer has made a report, which 1 contains therein the assessment roll for 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 certain streets within the District and to construct and reconstruct curbs, gutters, sani- tart' sewer mains and service lines and water mains and service lines, drainage .facilities, a canal bridge and other work inci- dental to all of the foregoing improvements along said streets within said district, in accordance with the provisions of Ordinance. No. 592 passed and approved July 5, 1978, and Section 50-1712 Idaho Code, and said report and assessment roll have been certified to the City Council, and WHEREAS, said City Council has caused said report and assessment roll to be filed in the office of the City Clerk on the 1st day of November, 1978.. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF REXBURG, IDAHO: Section 1. That it is the intention of the City Council of the City of Rexburg, Idaho, to levy an assessment against property within Improvement District NO. 23 as provided by law. Section 2. That Monday, the 27th day of November, 1978, at 7 o'clock P.M. at the City Hall in the City of Rexburg, Idaho, be, and the same hereby is fixed as the time -45- • • when the City Council will hear and consider objections to said assessment roll by parties aggrieved by such assessments. Section 3. That Monday, the 27th day of November, 1978, at 7 o'clock P.M. in the City Hall in the City of Rexburg, Idaho, be, and the same is hereby fixed as the time when 1, the City Council will hear all objections to the regularity of the proceedings in making such assessments, the correctness of assessments, the amount levied on the particular lot or parcel in relation to the benefits. accruing thereon, and in relation to the proper proportionate share of the total cost of the improve- ment. Section 4. That in revising the assessment roll at or after the hearing, the Council may increase any assessment, or assessments, up to 20~ of the original amount thereof without giving further notice and holding a new hearing thereon. Section 5. The owner or owners of any property which 1 is assessed in such assessment roll, whether named or not in such roll, may, before the date and time fixed for the hearing, file with the Clerk, objections in writing to said assessment. Section 6. That the City Clerk shall give notice by publication in the official newspaper of the City of Rexburg, the Rexburg Standard or Rexburg Journal,-published weekly,. in at least two issues, the first of which publication shall be at least fifteen days before the said 27th day of November, 1978, the date fixed for hearing objections to the assessment roll, that such assessment roll is on file in her office; that the City Clerk, not less than fifteen days before the date fixed for hearing objections to the assessment roll, November 27, 1978, mail a substantially similar notice to each owner of property if known, or his agent if known, within the limits of Local Improvement District No. 23 in Rexburg, Idaho, addressed to such person at his post office address, if known, or if unknown, to- the post office in Rexburg, Idaho. The mailed notice shall state -46- 1 • the amount of the individual assessment, and that at the speci- fied time and place, November 27, 1978, at 7:00 o'clock P. M. at the City Hall, Rexburg, Idaho, the City Council will hold a hearing to hear and determine all objections to the regularity of the proceedings in making such assessment., the correctness -I of the assessment and the amount levied on a particular lot or parcel in relation to the benefits accruing thereon and in relation to the proper proportionate share of the total cost of the improvements in the project. Said notice shall further state that each owner of property within the DistyicL is given notice that in revising the assessment roll at or after the hearing, the Council may increase any assessment or assessments, up to 200 of the original amount thereof without giving further notice and holding a new hearing thereon. Section 7. Said notice shall be in substantially the following form: 1 -47- • NOTICE • NOTICL•' OF E•'1LING ASSESSMENT ROLL AND OPPORTUNITY TO FILE WRITTEN OBJECTIONS THERETO, AND OF TIME AND PLACE OF HEARING WRITTEN OBJECTIONS TO SAID ASSESSMENT ROLL BY PARTIES AGGRIEVED, AND TIME AND PLACE OF HEARING ALL OBJECTIONS TO THE REGULARITY OF TEES PROCEEDINGS MAKING SUCH ASSESSMENT, THE CORRECTNESS OF ASSESSMENT, TIlE AMOUNT LEVIED ON TIIL PARTICULAR LOT OR PARCEL IN RELATION TO Z'HE BENEFITS ACCRUING THEREON, AND IN RELATION TO THE PROPER PROPORTIONATE SHARE OF THE TOTAL COST OF THE IMPROVEMENTS, ALL PERTAINING TO LOCAL IMPROVEMENT DISTRICT NO. 23, IN REXBURG, MADISON COUNTY, IDAHO, FOR THE PURPOSE OF CAUSING CERTAIN STREETS AND ALLEYS AfdD PARTS THEREOF WITHIN THE CORPORATE LIMITS OF SAID CITX TO BE GRADED, RE-GRADED, GRAVELED, PAVED, RE-PAVED AND OTHERWISE IMPROVE SAID STREETS WI`i'EIIN TEIE DISTRICT AND TO CONSTRUCT AND RECONSTRUCT CURBS, GUTTERS, SANITARY SEWER f~1AINS AND SERVICE LINES, WATER MAINS AND SERVICE LINES, DRAINAGE FACILITIES, A CANAL BRIDGE, AND OTHER WORKS INCIDENTAL TO ALL OF THE FOREGOING IMPROVEMENTS ALONG SAID STREETS WITHIN SAID DISTRICT; ALSO, NOTICE OF THE INTENTION OF THE CITY COUNCIL OF THE CITY OF REXBURG, IDA}IO, TO LEVY AN ASSESS- MENT AGAINST PROPERTY WITHIN IMPROVEMENT DISTRICT NO. 23 AS ~ PROVIDED BY LAW. ALSO, NOTICE THAT IN REVISING THE ASSESSMENT l ROLL AFTER TILE HEARING, THE COUNCIL MAY INCREASE ANY ASSESSMENT, OR ASSESSMENTS, UP TO 20$ OF THE ORIGINAL AMOUNT WITHOUT GIVING ~ FURTIIER NOTICE OR IIOLDING A NEW HI?ARING THEREON. NOTICE IS HEREBY GIVEN that the assessment roll for 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 certain streets within the District and to construct and reconstruct curbs, 1 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 within said district, was filed in my office on the ~ 1st day of November, 1978, and is now on file therein. Notice is also given that it is the intention of the City Council of the City of Rexburg, Idaho, to levy an assessment against I~ property within Improvement District No. 23 as provided by law. NOTICE IS FURTHER GIVEN that the City Council will meet to hear and consider objections to said assessment roll by the parties aggrieved by such assessments on Monday, the 27th day ~ of November, 1978, at 7 o clock P.M. at the City Hall in the City of Rexburg, Idaho. The owner or owners of any property which is assessed in said assessment roll, whether named or not in said roll, may, l at any time before the hearing date, which is November 27, 1978, at 7:00 o`clock P.M., file with me his objections in writing to said assessment. Also, at said specified time and place the Council will hold a hearing to hear and determine all objections to the regularity of the proceedings in making such assessment, the correctness of the assessment, and the amount levied on the particular lot or parcel in relation to the benefits accruing { thereon and in relation to the proper proportionate share of the (~ total cost of the improvements in the project (Local Improvement !~ District No. 23). !!I NOTICE IS FURTHER GIVEN that in revising the assessment roll after such hearing, the Council may increase any assessment ~~ or assessments up to 20~ of the original amount thereof without ~I giving further notice and holding a new hearing thereon. 1 BY ORDER OF TIIE CITY COUNCIL of the City of Rexburg, Idaho, this 1st day of November, 1978. (Seal) ~s/ Rose Bagley City Clerk. -48- City and the officers of said City directed toward said adver- C] Section 8. That all action heretofore taken by said 1 I] tisement be, and the same is hereby ratified, approved and con- firmed. PASSED,. ADOPTED AND APPROVED by the Mayor of the City I of Rexburg, i • this 1st day of November, 1978. ~-- o . ATTES,ki: :9`_~__ ~!' a City Clerk J:~ a~°` (Seal) ~ '~ Councilman Darlene Blackburn thereupon duly seconded the motion to adopt the foregoing Resolution. The Resolution was thereupon put to a vote and unanimously adopted on the following recorded vote: Those voting AYE: Councilmen: Those voting NAY: Absent: Barton Jensen Warren Porter Morgan Garner Nile Boyle Darlene Blackburn James Harris None None There being a concurrence of all of the members elected to the Council, the Mayor declared said Resolution adopted. There being no further business to come before the ;meeting, the meeting was, on motion duly made, seconded and (Seal ) carried, adjourned. ~. ~C ATTEST,] .,~ ~~ ~~ City Clerk. c.: ~ d ~,~",... -49- • • STATE OF IDAHO, ) County of Madison, )SS City of Rexburg. ) I, ROSE BAGLEY, the duly chosen, qualified and acting 1 Clerk of the City of Rexburg, in the County of Madison, and State of Idaho, do hereby certify that the foregoing pages numbered 38 to 49 both inclusive, are true and correct copies of the record of the proceedings of the City Council of the City of Rexburg had and taken at a regular meeting of said Council held at the City Hall in said City on Wednesday, the 1st day of November, 1978, at the hour of 7:30 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 named therein as present at said meeting were present as shown by said minutes, and that ali members of the City Council were duly notified of said meeting. WITNESS my hand and the seal of the City of Rexburg, this 1st day of Povember, 1978. -°7 .-'~ 9 =;,,' _ ~ .-~ City Clerk. -'' ~.%~ i (Seal) -50-