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HomeMy WebLinkAbout1980.08.20 CITY COUNCIL MINUTES5t Vrz 0 - cp"Zi2� Mayor John C. Porter City Clerk Zose f ey MINUTES OF THE CITY COUNCIL MEETING August 20, 1980 State of Idaho) County of Madison(SS City of Rexburg) A meeting of the City Council for the City of Rexburg, Madison County, held August 20, 1980, at the City Hall. Present were the following: Mayor: John C. Porter Councilman: Sander Larson Morgan Garner Nile Boyle Norris Reese Councilwoman: Darlene Blackburn Also Present: Mary Smith, City Attorney Rose Bagley, City Clerk Richard Horner, City Treas. RE: MINUTES APPROVED A motion was made by Nile Boyle and seconded by Norris Reese to approve the minutes. All Aye. RE: SALE OF BONDS DISCUSSED Mayor Porter read a letter from Lyle J. Larson of First Security Bank with a tenta- tive schedule for selling bonds for the new sewer project. (copy attached) The council will adopt a resolution of intent to sell the bonds on September 15, and to sell the bonds on October 29. RE: DISCUSSION ON PARKING LOT LID INFORMATION Nile Boyle told the council that we now have property descriptions and amounts for the Parking Lot LID. The committee still needs to get together with Jim Morris and break down the parking for businesses in Madison Square Shopping Center.. Mary Smith said that as soon as Earl Kemp gets the preliminary work done they can go ahead and set the hearing. Nile Boyle explained that small vacant lots that would not have room for any parking after construction would be billed 80% because of the need for parking and then at the time of construction be exempt from the Plan- ning & Zoning Off Street regulations. Large lots that will have room for parking after construction will be assessed 20% and then will have to comply with the Plan- ning & Zoning Off Street regualtions. If we do the maximum on parking lots, we will need to raise $150.000 from local people. The administrative costs will be paid out the grant for administration. RE: PARKING PROPOSALS Earl Kemp showed some drawings of the Parking Proposals for the parking lot on the corner of Center & Carlson Ave and the one behind Johnson Drug on the Taylor & Christensen Property. The drawings showed the enterance and exits, lighting and beautifications on the lot on Center and Carlson Ave. The drawing of the lot behind Johnsons showed benches, wastebaskets and planters. This lot will have three lights and two ornimental lights. Earl Kemp said that he needed authoriz- ation to advertise for bids. Mayor Porter ask Earl what the estimate cost of these two parking lots would be. Earl Kemp said that he did not have an accurate cost, but his guess would be about $55,000. A motion was made by Nile Boyle and second- ed by Darlene Blackburn to proceed with these two parking lots and finish the rest next summer, All Aye. Earl Kemp and Mary Smith will get together and get everything ready to proceed with the LID for the Parking Lots and the Street LID. Mayor Porter suggested getting it done in the quickest possible time. RE: DISCUSSION ON GETTING STARTED ON THE STREET LID Sander Larson ask why we haven't got gling on the street LID. Mayor Porter explain- ed that we keep getting more people in that want to be on the LID and then the work has to be done at the Title Company which has slowed things up. He said that he had gone down and looked at the canal on 4th West, it is still being used, and cannot be closed. We will need to figure in the cost of pipe for the canal. Mary Smith said that we will need to pass a resolution of intent to create a LID District as soon as we get the necessary paper work finished. It was agreed that as soon as Mary Smith and Earl Kemp get all the paper work done they would call a special meeting on the LID. RE: STORM SEWER AND WATER PROJECT REPORT Earl Kemp reported on the work on the Storm Sewer and Water Project. He said that they had taken H & K off construction on the Storm Sewer until they had cleaned up the work that had been done. We will give them no more money until they get the cleanup done. RE: MEETING TO FINALIZE BUDGET SCHEDULED A special meeting was scheduled to finalize the budget for Monday morning, August 25, 1980, at 7:OO A.M. . RE: STREET PROJECTS READY Earl Kemp reported on the street projects that they were going to start. RE: REXBURG SUGAR CITY SEWER PROJECT Earl Kemp reported on the Rexburg Sugar City Sewer Project. The State Highway Department is putting in a new section of highway north of Rexburg and will not give permission to tear up the new highway to install the sewer line in the year ahead of schedule. Sugar City has already passed a resolution giving per- mission to lay the 800 feet ahead of schedule. A motion was made by Nile Boyle and seconded by Norris Reese to authorize a change order to lay the pipe ahead of schedule. All Aye. RE: STREET FROM 350 SOUTH TO MTLLHOLLOW REQUESTED Mayor Porter said that Ruth Smith had called about getting a through street put in from 350 Soouth to Millhollow because they are planning to build a house there. He and Earl Kemp are going up and look at it. The Mayor suggested that they run a grader through there this year so they will know there the street goes. We are so far behind on the LID this year we will have to get the streets done by Chapples and on 4th West first. RE: CHARLES SMITH - CORNER OF K STREET AND HIGHWAY 33 PROBLEM WITH LOW SPOT IN ROAD Earl Kemp and Mayor Porter reported that they had received a call from Charles Smith on the corner of K street and Highway 33. Mr. Smith complained that there was a low spot in front of his house, where all the water drains. He has recently put in a new driveway and it is worse now, he wants something done. Earl and the Mayor had gone down there and checked it. When it storms the water drains to the low spot resulting in a big puddle -lake effect in front of his house. Earl Kemp said that a line could be run 80 feet from his property where a catch basin could be in. The catch basin would cost about $800, the total cost for the line and the catch basin would be about $1500. Mayor Porter said that he sympathized with his problem, but there are four or five places around town that have sunk and the water drains to that spot, but the City doesn't have the money to fix them all. Mayor Porter explained that there had been a problem with the low spot.in front of Charles Smith's house for a long time. He said that after the flood the city had no control of the fixing of Highway 33. He met with the highway department at that time and tried to get them to correct the low spot in front of Smith's, but they would not budge. They said it was not flood related, it had been there a long time. Mayor Porter said it would be a good idea for the council to go over and look at the problem. The only person that would benifit if the drain was fixed would be Mr. Smith. The Mayor suggested that maybe Mr. Smith would be willing to share the cost on a 75% city share and 25% property owner share. A decision would be made at the next meeting after the council had a chance to go look at the problem. 1 STATE OF TDAHO, ( COUNTY OF MADISON, (SS CITY OF REXBURG. A special meeting of the City Council of the City of Rexburg, Madison County, Idaho, was held on Monday, the 25th_day of August, 1980, at the hour of 7:00 o'clock A.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: Norris Reese Nile Boyle Sander Larson Morgan Garner Jim Morris Darlene Blackburn Absent None Also Present: City Clerk, Rose Bagley City Attorney, Mary Smith Thereupon the following proceedings, among others, were duly had -and taken: Councilman Morgan Garner introduced the following Resolution in writing and moved its adoption: RESOLUTION NO. ;1 RESOLUTION DECLARING THE INTENTION OF THE CITY COUNCIL OF THE CITY OF REXBURG, IDAHO, TO :CAUSE CERTAIN STREETS AND ALLEYS AND PARTS THEREOF WTTHIN 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, DRAINAGE FACILITIES AND OTHER WORK INCIDENTAL TO ALL OF THE FOREGOING IMPROVEMENTS ALONG SAID STREETS: TO CREATE LOCAL IMPROVEMENT DISTRICT NO. 24 FOR THE PURPOSE OF MAKING SAID IMPROVEMENTS: :TO DEFRAY THE COST AND EXPENSES OF SAID DISTRICT AND THE COST AND EXPENSE OF SAID IMPROVEMENTS BY THE LEVY OF AN ASSESSMENT AGAINST THE ABUTTING, ADJOINING AND ADJACENT LOTS AND LANDS ALONG OR UPON WHICH SUCH IMPROVEMENTS ARE TO BE MADE AND UPON LOTS AND LANDS BENEFITED BY SUCH IMPROVEMENTS AND INCLUDED IN THE DISTRICT TO BE CREATED ACCORDING TO A FRONT FOOT METHOD, OR A SQUARE FOOT METHOD, OR COMBINATION THEREOF OR IN PROPORTION TO THE BENEFITS DERIVED TO SUCH PROPERTY BY SAID IMPROVEMENTS, SUBJECT TO ANY VARIATION THEREFROM TO BE DETERMINED BY THE COUNCIL, EXCEPT THAT THE COST AND EXPENSES OF ALL SUCH IMPROVEMENTS WITHIN STREET INTERSECTIONS AND ALLEY INTERSECTIONS SHALL BE PAID FROM THE GENERAL.FUNDS OF THE CITY: GIVING THE KIND AND CHARACTER OF SAID IMPROVE- MENTS AND THE ESTIMATED TOTAL COST THEREOF: FIXING THE TIME WHEN PROTESTS AGAINST SAID IMPROVEMENTS AND THE CREATION OF SAID DISTRICT MAY BE FILED IN THE OFFICE OF THE CITY CLERK AND WHEN SUCH PROTESTS WILL BE HEARD AND CONSIDERED BY THE CITY COUNCIL, AND PROVIDING FOR GIVING OF NOTICE THEREOF. WHEREAS; the City Council of Rexburg, Idaho, deems it for the best interest of the City 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 improve the hereinafter described streets within the District and to construct and reconstruct curbs, gutters, drainage facilities and other work incidental to all of the foregoing improvements along said streets, and to create Local Improvement District No. 24 for the City of Rexburg, Idaho, for the purpose of making said improvements, and WHEREAS, the estimated total cost of said District and of said improvements is,$200,00.00, of which sum $110,000.00 is the total estimated cost of said improvements within street and alley intersections, and WHEREAS, the City Council is authorized to expend from the general funds of the City the whole of the costs and expenses of said improvements within street and alley intersections, and such other portion of the costs and expenses of said improvements as in their judgment may be,fair and equitable in consideration of the benefits accruing to the giemeral public by reason of such improvements, and WHEREAS, the City Council proposes to defray the costs and expenses of said, District and of said improvements (except. those to be paid from the general funds of the City), to the extent of $90,000.00 by assessments levied against the lost and lands abutting, adjoining and adjacent to the streets and alleys to be improved and on and against all lots and lands benefited by such improvements included in said District and to defray the whole cost and expense of said improvements within the street and alley intersections from the general funds of the City, and WHEREAS, the City, as of the date of the adoption of this Resolution of Intent to Create Local Improvement District No. 24, has determined the ownership of the property to be included in said proposed improvement district. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF REXBURG ,IDAHO, AS FOLLOWS: SECTION I: The City of Rexburg, Idaho, does hereby declare its intention to cause certain streets and alleys and parts thereof within the corporate limits of the City of Rexburg 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, drainage facilities and other work incidental to all of the foregoing improvements along said streets and for that purpose to create and establish a Local Improvement District thereon to be known as Local Improvement District No. 24 for the City of Rexburg, Idaho, comprising said streets and parts of streets and alleys and parts of alleys and the lots and lands abutting, adjoining and adjacent thereto and the�and lands benefited by such improvements and situated in said District. A description of the boundaries of the District to be created is as follows: 1. 4th West between 2nd South and 4th South, Any and all property which abuts,' adjoined or adjacent to any part of the East side of the 4th West between 2nd South and 4th South. More particularly described as follows: Beginning at the Northwest corner of Block 6, of the South End Addition; thence East 230 feet; thence South 125 feet; thence East 100 feet; thence South 205 feet; to the Southeast corner of Lot 2; thence West 190 feet; thence South 80 feet, thence East 30 feet; thence South 160 feet; thence West 82.5 feet; thence South 90 feet; thence West 82.5 feet; thence North 660 feet, to the point of beginning, less the railroad righ-of-way. Also beginning at the Northwest corner of Block 11 of the South End Addition; thence East 148.5 feet; thence South 65 feet; thence East 165 feet; thence South 99 feet; thence West 205 feet; thence South 66 feet; thence East 205 feet; thence South 205 feet; thence West 227 feet; thence South 125 feet; thence West 103.f.eet;.thence North 660 feet to the point of beginning. 2. 4th West between Main and 1st North. Any and all property which abuts, adjoins o is adjacent to any part of 4th West between Main Street and Ist North, on the• East side. More particularly described as follows: Beginning at the Northwest corner of Block 29 of the original townsite; thence East 165 feet; thence South 247.5 feet; thence West 35 feet; thence South 57.5 feet; thence West 130 feet; thence North 305 feet to the point of beginning. Also, beginning at the Southwest corner of Block 29 of the original townsite; thence North 305 feet; thence East 66 feet; thence South 305 feet; thence West 66 feet to the point of beginning. 3. 2nd North between 5th West and the Rexburg Canal. Any and all property which abuts, adjoins or is adjacent to any part of 2nd North between 5th West and the Rexburg Canal, more particularly described as follows: Block 6 of the Bell Bigler Addition. Also the North half of 4th West Street between 1st North and 2nd North which was abondoned by the City. Also beginning at the Northwest corner of Block 5 of the Bell Bigler Addition; thence South approximately 90 feet to the Rexburg Canal; thence North-easterly approximately 100 feet along said canal; thence West 80 feet to the point of beginning. Also, that property which lies North of 2nd North between 5th West and the Rexburg Canal which is owned by the Madison County Fair Board. 4. 2nd South bewteen 5th West and the Union Pacific Railroad tracks. Any and all property which abuts, adjoins or is adjacent to any part of 2nd South between 5th West and the railroad right-of-way, more particularly described as follows: Beginning at the Northeast corner of Lot 1, Block 5 of the South End Addition; thence South 1.18 feet; thence West 128 feet; thence South 20.5 feet; thence West 202 feet; thence North 1.48.5; thence East 330 feet to the point of beginning. Also all of Lot 2 Block 5 of the. South End Addition. Also beginning at the South- west corner of Block 3 of the South End Addition; thence North 165 feet; thence EasA165 feet; thence North 165 feet; thence East approximately 165 feet to the westerly right-of-way line of the Union Pacific Railroad; thence Southwesterly along said right-of-way line to the South line of Block 3; thence West approxima- tely 140,25 feet to the point of beginning. Also, beginning at the Southwest corner of Block 4 of the South End Addition; thence North 165 feet; thence East 330 feet; thence North 165 feet; thence East 140 feet; thence South 147 feet; thence East 50 feet; thence North 183 feet; thence East 190 feet; thence West 627 feet to the point of beginning. 5, 4th West between approximately 550 South and 6th South. Any and all property which abuts, adjoins or is adjacent to any part of South 4th West between approximately 550 South and 6th South on the East side. More particularly described as follows: All of Lot 3, Block 5 of the Klingler Addition. 6. 5th South between 2nd East and Harvard Avenue. Any and all property which abuts, adjoins or is adjacent to any part of 5th South between 2nd East and the exten- sion of Harvard Avenue, on the North side. More particularly described as follows: Beginning at point 90 rods North of the Southwest corner of the Southwest Quarter of Section 29, Township 6 North, Range 40 East, Boise Meridian; thence North 226.87 feet; thence East 379.5 feet; thence South 226.87 feet; thence West 379.5 feet to the point of beginning less existing road right-of-ways. 7. Shoshone Avenue from the North line of the Rolling Hills Estate Subdivision to 350 South. Also, 350 South between Shoshone Avenue and Millhollow Road. Any and all property which abuts, adjoins, or is adjacent to any part of Shoshone Avenue between the North line of Rolling Hills Estate Subdivision and 350 South, and 350 South between Shoshone Avenue and Millhollow Road, more particularly described as follows: All of Lot 4, Block 1 of the Rolling Hills Estates Subdivision to the City of Rexburg. Also, beginning at a point which is South 098', East 2637.64 feet from the Northwest corner of the Southeast auarter of Section 29, Township 6 North., Range 40 East, B.M.; thence East 345.73 feet; thence South 21.°37' East 147.36 feet; thence West 399.56 feet; thence North 018' West 137 feet to the point of beginning less road right-of-ways. Also, beginning at a point which is south 008' East, 2834.64 feet from the Northwest corner of the. Southeast quarter of Section 29, Township 6 North, Range 40 East, B.M.; thence East 423.37; thence South 21 37' East 134.46 feet; thence West 472.85 feet; thence North 0° 8' West 125 feet to the point of beginning. The Names of the street or streets to be improved, or along which said improvements are to be made, the points between which the improvements are to be made and the kind and character of the proposed improvements along and upon such streets are as follows: CURB AND GUTTER L. 4TH West between.2nd South and 4th South, curb and gutter on the East side. 2. 4th West between Main and 1st North, curb and gutter on the East side. 3. 2nd North between 5th West and the Rexburg Canal, curb and gutter on both sides. 4. 2nd South between 5th West and the Union Pacific Railroad tracks, curb and gutter -on both sides. 5. 4th West between approximately 550 South and 6th South, curb and gutter on the East side. 6. 5th South between 2nd East and the extension of Harvard Avenue, curb and gutter on both sides. 7. Shoshone Avenue between the North line of Rolling Hills Subdivision and 350 South, curb and gutter on both sides. Also 350 South between Shoshone Avcnue and Millhollow Road, curb and gutter on both sides. PAVING 1., 4th West between 2nd South and 4th South. 2. 4th West between Main Street and lst North. 3. 2nd North between 5th West and the Rexburg Canal. 4. 2nd South between 5th West and the Union Pacific Railroad tracks. 5. 4th West between approximately 350 South and 4th South. 6. 5th South between 2nd East and the extension of Harvard Avenue. 7, Shoshone Avenue between the North line of the Rolling Hills Estate Sub- division and 350 South. Also 350 South between Shoshone Avenue and Millhollow Road. SECTION II: The kind and character of said improvements are as follows; 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 other- wise improve the hereinabove described streets within the District and to construct and reconstruct curbs, gutters, drainage facilities, and other work incidental to all of the foregoing improvements along said streets, all according to the plans and specifications to be filed in the office of the City Clerk on or before the day fixed for hearing protests against the creation of said District and the making of said improvements. SECTION III. The estimated costs and expenses of said District and of said improvements are $200,00.00, which sum is to be allocated and paid as follows: From levy of assessments against property benefited ------------$90,000.00 From general funds of the City -------------------------------$110,000.00 SECTION IV. The cost and expenses of said District and of said improvements which is to be paid by assessments against the abutting, adjoining and adjacent lots and lands on the streets or parts of streets, and alleys or parts of alleys along or upon which said improvements are to be, made, and upon lots and lands benefited by such improvements and included within said District, each lot and parcel of land being assessed separately for the debt thereof according to a front foot method, or a square foot method, or a combination thereof, or in pro- portion to the benefits derived to such property by said improvements, subject to any variations therefrom to be determined by the Council. The cost and expenses of said improvements within street and alley inter- sections, namely, the sum of $110,000.00 i.s, in the judgement of the City Council, a fair and equitable portion of the total cost and expenses of said District and of said improvements to be expended from the general funds of the City in considera- tion of the benefits accruing to the general public by reason of such improvements and shall be paid out of the general funds of the City. That Wednesday, the 10th day of September, 1980, at 8 O'Clock P.M. of said day, and the chambers of the City Council in the City Hall in the City of Rexburg, Idaho, be, and the same are hereby designated as the time and place when protests against the creation of said District or the making of any other objections in relation thereto, will be heard and considered by the City Council and that written protests against the creation of such District and any other objections i in relation thereto, may be filed in the office of the City Clerk on or before 8 O'clock P.M. on Wednesday, September 10, 1980. The City Clerk is hereby ordered and directed to give notice of the passage of this Resolution, the time within which protests against the creation of said District or any other objections in relation thereto may be filed, in writing, and the date when such protests will be heard and considered by the Council in the manner provided by law. The Clerk is further ordered and directed to cause said notice to be published in two issues of the Rexburg Journal, a weekly newspaper printed and published in Rexburg, Madison County, State of Idaho, and mail 'a copy of such notice to each property owner, if known, or his agent if known, within the limits of the pro- posed improvement district, addressed to such person at his post office address if known, or if unknown,'to the post office in the City of Rexburg, Idaho. That such notice shall be in the following form: NOTICE OF RESOLUTION OF INTENTION TO ESTABLISH REXBURG ';OCAL IMPROVEMENT DISTRICT NO. 24, AND HEARING PROTESTS. NOTICE IS HEREBY GIVEN that at a special meeting of the City Council held on August 25, 1980, a Resolution was passed declaring the intention of the City Council of the City of -Rexburg, Idaho; to create a Local Improvement District to be known as Local Improvement District No. 24, 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 improve the hereinafter described streets within the District and to construct and reconstruct curbs, gutters, drainage facilities, and other work incidental to all of the foregoing improvements along said streets. That a descriptionof the boundaries of the District to be created is as follows: 1. 4th West between 2nd South and 4th South. Any and all property which abuts, adjoined or adjacent to any part of.the East side of 4th West between 2nd South and 4th South. More particularly described as follows: Beginning at the Northwest corner of Block 6, of the South End Addition; thence East 230 feet; thence South 125 feet; thence East 100 feet: thence South.205 feet; to the Southeast corner of Lot 2; thence West 190 feet; thence South 80 feet; thence East 30 feet; thence South 160 feet; thence West 82.5 feet; thence South 90 feet; thence West 82.5 feet; thence North 660 feet, to the point of beginning, less the railroad right-of-way. Also beginning at the Northwest corner of Block 11 of the'South End Addition; thence East 148.5 feet; thence South 65 feet; thence East 165 feet; thence South 99 feet; thence West 205 feet; thence South 66 feet; thence East 205 feet;.thence South 205 feet; thence West 227 feet; thence South 125 feet; thence West 103 feet; thence North 660 feet to the point of beginning;_ 2. 4th West between Main and lst North. Any and all property which abuts, adjoins or is adjacent to any part of 4th West between Main Street and lst North, on the East side. More particularly described as follows: Beginning at the Northwest corner.of Block 29 of the original townsite; thence East 165 feet; thence South 247.5 feet; thence West 35 feet; thence South 57.5 feet; thence West 130 feet; thence North 305 feet to the point of beginning. Also, beginning at the Southwest corner of Block 29 of the original townsite; thence North 305 feet; thence East 66 feet; thence South 305 feet; thence West 66 feet to the point of beginning. 3. 2nd North between 5th West and the Rexburg Canal. Any and all property which abuts, adjoins or is adjacent to any part of 2nd North between 5th West and the Rexburg Canal, more particularly described as follows: Block 6 of the Bell Bigler Addition. Also the North half of 4th West Street between lst North and 2nd North which was abandoned by the City. Also beginning at the Northwest corner of Block 5 of the Bell Bigler Addition; thence South approximately 90 feet to.the Rexburg Canal; thence North-easterly approximately 100 feet along said canal; ;thence West 80 feet to the point of beginning. Also, that property which lies North of 2nd North between 5th West and the Rexburg Canal which is owned by the Madison County Fair Board. 4. 2nd South between 5th West and the Union Pacific Railroad tracks. Any and all property which abuts, adjoins or is adjacent to any part of 2nd South between 5th West and the railroad right-of-way, more particularly described as follows: Beginning at the Northeast corner of Lot 1, Block 5 of the South End Addition; thence South 118 feet; thence West 128 feet; thence South 20.5 feet; thence West 202 feet; thence North 148.5; thence East 330 feet to the point of beginning. Also all of Lot 2 of Block"5 of the South End Addition. Also beginning at.the Southwest corner of Block 3 of the South End Addition; thence North 165 feet; thence East 165 feet; thence North 165 feet; thence East approximately 165 feet to the westerly right -of way line of the -Union Pacific Railroad; thence Southwesterly along said right-of-way line_ the South line of Block 3; thence West approximately 140.25 feet to the point of beginning. Also, beginning at the Southwest corner of Block 4 of the South End Addition; thence North 165 feet; thence East 330 feet; thence North 1.65 feet; thence East 140 feet; thence South 147 feet; thence East 50 feet; thence North 183 feet; thence East 190 feet; thence South 366 feet; thence West 627 feet to the point of beginning. 5. 4th West between approximately 550 South and 6th South. Any and all property which abuts, adjoins or is adjacent to any part of South 4th West between approximately 550 South and 6th South on the East side. More particularly described as follows: All of Lot 3, Block 5 of the Klingler Addition. 6. 5th South between 2nd East and Harvard Avenue. Any and all property which abuts, adjoins or is adjacent to any part of 5th South between 2nd East and the extension of Harvard Avenue, on the North side. More particularly described as follows: Beginning at point 90 rods North of the Southwest corner of the Southwest Quarter of Section 29, Township 6 North, Range 40 East, Boise Meridian; thence North 226.87 feet; thence East 379.5 feet; thence South 226.87 feet; thence West 379.5 feet to the point of beginning less existing road right-of-ways. 7. Shoshone Avenue from the North line of the Rolling Hills Estate Subdivi- sion to 350 South. Also, 350 South between Shoshone Avenue and Millhollow Road. Any and all property which abuts, adjoins, or is adjacent to any part of Shoshone Avenue between the North line of Rolling Hills Estate Subdivi- sion and 350 South, and 350 South between Shoshone Avenue and Millhollow Road, more particularly described as follows: All of Lot 4, Block 1 of the Rolling Hills Estate Subdivision to the City of Rexburg.. Also, beginning at a point which is South 0 8', East 2637.64 feet from the Northwest corner of the Southeast quarter of Section 29, Township 6 North, Range 40 East, B.M.; thence East 345.73 feet; thence South 21 37' East 147.36 feet; thence West 399.56 feet; thence North 0 8' West 137 feet to the point of beginning less road right-of-way. Also, beginning at a point which is South 0 8' East, 2834.64 feet from the Northwest corner of the Southeast quarter of Section 29, Township 6 North,Range 40 East, B.M.; thence East 423.37 feet; thence South2l 37' East 134.46 feet; thence West 472.85 feet; thence North 0 8' West 125 feet to the point of beginning. The names of the street or streets to be improved, or along which said improvements are to be made, the points between which improvements are to be made and the kind and char- acter of the proposed improvements along and upon such streets are as follows: CURB AND GUTTER 1. 4th West between 2nd South and 4th South, curb and gutter on the East side. 2. 4th West between Main and 1st North, curb,and gutter on the East side. 3. 2nd North between 5th West and the Rexburg Canal, curb and gutter on both sides. 4. 2nd South between 5th West and the Union Pacific Railroad tracks, curb and gutter on both sides. 5. 4th West between approximately 550 South and 6th South, curb and gutter on the East side. 6. 5th South between 2nd East and the extension of Harvard Avenue, curb and gutter on both sides. 7. Shoshone Avenue between the North line of Rolling Hills Subdivision and 350 South, curb and gutter on both sides. Also 350 South between Shoshone Avenue and.Millhollow Road, curb and 'gutter on both sides. PAVING L. 4TH West between 2nd South and 4th South. 2. 4th West between Main Street and 1st North. 3. 2nd North between 5th West and the Rexburg Canal. 4. 2nd South between 5th West and the Union Pacific railroad tracks. 5. 4th West between approximately 350 South and 4th South. 6. 5th South between 2nd East and the extension of Harvard Avenue. 7. Shoshone Avenue between the North line of the Rolling Hills Estate Subdivision and 350 South. Also 350 South between Shoshone Avenue and Millhollow Road. The estimated total cost of said improvements is\$200,000.00, of which the sum of $90,000.00 is the total cost and expenses of the improvements which will be assessed against the abutting, adjoining and adjacent lots and lands along or upon which such improvements are to be made and upon lots and lands benefited by such improvements and included in the District to be created, according to a front foot method, or a square foot method, or combination thereof, or in proportion to the benefits derived to such property by said improvements, subject to any variations therefrom to be determined by the Council. The sum of $110,000.00 is the total cost and expenses which will be paid from general funds of the City of Rexburg. NOTICE OF HEARING NOTICE IS FURTHER GIVEN that written protests against the creation of Local Improvement District No. 24 or any other objections in relation thereto, may be filed in my office in the City Hall Building in the City of Rexburg, Idaho, on or before 8:00 O'clock P.M. on Wednesday, the 10th day of September, 1980, and such protests will be heard and considered by the Mayor and Council at a special, open and public meeting of the City Council to be held at 8:00 O'clock P.M. on Wednesday, the 10th day of September, 1980. Reference is hereby made to said Resolution of the City Council now on file in my office for further information in regard thereto. Dated this 25th day of August, 1980. (Seal) Rose Bagley, City Clerk Councilwoman Darlene Blackburn seconded the adoption of the Resolution No. 1 declaring the intention of the City Council of the City of Rexburg, Idaho, to create Local Improvement District No. 24, and the same, on being put to a vote, was unanimously carried by the affirmative vote of all councilmen, present, the vote being as follows: Norris Reese Aye Nile Boyle Aye Sander Larson Aye Morgan Garner Aye Jim Morris Aye Darlene Blackburn Aye City Clerk, Rexburg, Id*67 ' STATE OF IDAHO, ) (SS COUNTY OF MADISON ) CITY OF REXBURG. I, ROSE BAGLEY, City Clerk of the City of Rexburg, Idaho, do hereby certify that the foregoing is a full, true and correct copy of the minutes of a special meeting of the City Council of Rexburg, Idaho, duly called and regularly held at the regular meeting place of said City Council on the 25th day of August, 1980, and that Resolution No. 1 creating Local Improvement District No. 24 for the City of Rexburg, Idaho, was adopted by the affirmative vote of all councilmen present; that said Resolution was passed and adopted by the City Council and approved by the Mayor on August 25, 1980, and that the foregoing proceedings were in fact held as in said minutes specified in said meeting. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Rexburg, Idaho, this 25th day of August, 1980. City Clerk Rose U (SEAL) STATE OF IDAHO, ) ( COUNTY OF MADISON, )SS City of Rexburg. ROSE BAGLEY, being first duly sworn, upon oath, deposes and says that she is and was at all times herein mentioned the duly appointed, qualified and acting Clerk of the City of Rexburg, Madison County, Idaho. That, acting as such Clerk; on the 28th day of August, 1980, she deposited in the United States mail, postage prepaid, envelopes addressed to each owner of property if known, or said owner's agent if known, within the limits of said proposed Local Improvement District No. 24 in the City of Rexburg, Idaho, addressed to such person at his post office address if known, or if known, to the post office in Rexburg, Idaho, and that in each of said envelopes was contained when mailed a true and correct copy of the Notice of Resolution of Intention to Establish Rexburg Local Improvement District No. 24, and Hearing Protests, for the improvement and construction of certain streets and alleys by causing the same to be graded, re -graded, graveled, paved, re -paved and otherwise improve said streets within the District and to construct and reconstruct curbs, gutters, drainage facilities, and other work incidental to all of the foregoing improvements along said streets as set forth in Resolution No. 1 adopted by the City Council of Rexburg, Idaho, on August 25, 1980. (SEAL) Further affiant saith not. Rose Bagley ity erk Subscribed and sworn to before me this 28th day of August, 1980. Notary Public, residing at Rexburg, Idaho. My commission expires: Life 11 RE: SEWER DAMAGES THAT HAVE BEEN DONE TO HOMES - DUE TO H & K CONTRACTORS Mayor Porter told Earl Kemp that we need to check with H & K Contractors about sewer damages that have been done to homes. Two or three people in town have had their basements flooded from the sewer, because they have broken sewer lines. The people cannot wait for the insurance payments. Earl Kemp said that the City should go ahead and pay the damages and then withhold that amount from their pay check. People should not have to suffer for their mistakes. Two of the people that had damages that should be paid was Don Ard and Paul Neeley. RE: SUGGESTED ADOPTION OF ORDINANCE SETTING COSTS FOR PLANNING AND ZONING Sander Larson suggested that we should adopt an ordinance setting costs for Plan- ning and Zoning. Mary Smith will check on it. RE: BILLS A motion was made by Morgan Garner and seconded by Sander Larson to pay the Bills. All Aye. RE: ADJOURNMENT A motion was made by Nile Boyle and seconded by Sander Larson to adjourn. All Aye. C- - ;e_ May John C. Porter City Clerk='' Ro Bagley MINUTES OF THE CITY COUNCIL MEETING September 3, 1980 State of Idaho) County of Madison(SS City of Rexburg) A meeting ofthe City Council for the City of Rexburg, Madison County, held Sept- ember 3, 1980 at the City Hall. 53 Present were the following: Mayor: John C. Porter Councilman: Morgan Garner Nile Boyle Norris Reese Sander Larson Councilwoman: Darlene Blackburn Also Present: Mary Smith, City Attorney Rose Bagley, City Clerk Richard Horner, City Treas. RE: MINUTES APPROVED A motion was made by Darlene Blackburn and seconded by Nile Boyle to approve the minutes. All Aye. RE: BUDGET HEARING REPORT A Budget Hearing was held with no citizens present to protest. Mayor Porter told