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HomeMy WebLinkAbout1992.09.02 CITY COUNCIL MINUTES~; 1 MINUTES OF THE CITY COUNCIL MEETING 09/02/92 7:30 P. M. Those Present: Mayor: Councilman: Excused: City Clerk: Attorney: Finance Officer: Pledge to the flag. Nile Boyle Farrell Young Brad Liljenquist Bruce Sutherland Jim Flamm Nyle Fullmer Glen Pond Rose Bagley J. D. Hancock Richard Horner A motion was made by Bruce Sutherland and seconded by Brad Liljenquist to approve the minutes. All Aye RE: REPORT ON THE WASTEWATER TREATMENT PLANT Clayter Forsgren reported there will be a Public Hearing on the Wastewater Treatment Plant on September 17. At that time John will be prepared with drawings and cost estimates of the three types to be considered. The mayor said there was a meeting last night of the advisory committee to review the rates. David Taylor, an expert from Utah Power & Light, was at the meeting. He has been involved with Utah Power & Light rate structure, and also has done an extensive study in Utah on Wastewater Treatment Plants. He thought the customers that put a lot of BOD's or solids in the system, should have a surcharge. The recommendation of the committee was that we stay with the X3.50 base but we have a minimum $7.00 per month fee. We will have to have a meeting to set the final rate. David Taylor felt we had to have a fee for the use of the system like Utah Power & Light has their demand charge. We need the rates set for the hearing on September 17. We will have a mailing to every sewer hookup in the city explaining and answering basic questions on why we need a new Treatment Plant (attached). RE: ROAD ABANDONMENT ALONG THE WALKER PROPERTY The mayor explained the road abandonment along the Walker Property. The council had no problem, but we will need to go through the legal procedure. RE: READING & PASSING OF ORDINANCE 738 CONFIRMING THE ASSESSMENT ROLL FOR LID 27 The mayor read Ordinance 738 the ordinance confirming the assessment roll for LID 27. AN ORDINANCE CONFIRMING THE ASSESSMENT ROLL, AS CORRECTED, FOR LOCAL IMPROVEMENT DISTRICT NO. 27 IN REXBURG, IDAHO, FOR THE PURPOSE OF CAUSING CERTAIN STREETS 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 SIDEWALKS, CURBS, GUTTERS, DRIVEWAYS, DRAINAGE FACILITIES, OFFSITE STORM SEWER AND OTHER WORK INCIDENTAL TO ALL OF THE FOREGOING IMPROVEMENTS ALONG SAID STREETS; ORDERING ASSESSMENTS TO BE MADE IN ACCORDANCE WITH THE ASSESSMENT ROLL AND PRESCRIBING DETAILS CONCERNING SAID ASSESSMENTS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND DECLARING AN EMERGENCY . A motion was made by councilman Bruce Sutherland and seconded by Brad Liljenquist that the rules requiring an ordinance of a general and permanent nature to be read on three occasions be dispensed with and that said ordinance be numbered 738. Those voting aye: Brad Liljenquist Bruce Sutherland Farrell Young Jim Flamm ~~ Those voting nay: none Absent: Glen Pond Nyle Fullmer Ordinance 738 was then placed before the council. The mayor then called for the voting for final passage of the ordinance, and the motion was made by Bruce Sutherland and seconded by Farrell Young that ordinance 738 be passed. Those voting aye: Brad Liljenquist Jim Flamm Bruce Sutherland Farrell Young Those voting nay: None Absent: Nyle Fullmer Glen Pond The roll showed all councilmen present voting "Aye" carried, the mayor declared that the majority of all the members of the city council had voted for the passage of said ordinance was duly and regularly passed. Mayor Boyle declared the motion carried. Jim Flamm gave a report on the Planning & Zoning Meeting. They had reviewed the site plans of the K Mart expansion. RE: PUBLIC HEARING SET FOR ZONE CHANGE ON THE OLD PAMIDA PROPERTY The Planning & Zoning had recommended that there be a Public Hearing held for a zone change on the old Pamida property from HBD to HDR. A motion was made by Jim Flamm and seconded by Bruce Sutherland to set it for public hearing. All Aye. RE: BUDGET PUBLIC HEARING ORDINANCE 736 7:45 P. M. Budget Hearing Mayor Boyle read Ordinance 736 the Annual Appropriation Ordinance. AN ORDINANCE ENTITLED THE ANNUAL APPROPRIATION ORDINANCE OF THE CITY OF REXBURG, IDAHO, FOR THE FISCAL YEAR OCTOBER 1, 1992, TO SEPTEMBER 30, 1992, AND APPROPRIATING TO THE SEVERAL DEPARTMENTS, OFFICES AND FUNDS OF THE SAID CITY GOVERNMENT FROM THE REVENUE DERIVED FROM TAXES LEVIED FOR SAID FISCAL YEAR, AND ALL OTHER SOURCES, SUCH SUMS AS MAY BE NECESSARY OR DEEMED NECESSARY BY THE MAYOR AND CITY COUNCIL TO DEFRAY THE EXPENSES AND LIABILITIES OF SAID CITY FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1993. RE: CONCERNS ABOUT AIRPORT FUNDS AND FLIGHT PATTERN - GEORGE QUAREZ George Quarez- 558 Angela Drive was at the meeting to comment on the budget. He asked the city council to explain the item on the budget called "Airport Extension Fund $50,000". Richard Horner explained, that is if any other continuing work comes up on the extension proposal that we are trying to get through the FAA and will be covered by Grant Money. It would be funds from the FAA. Mr Quarez felt that this item should be stricken from the budget, because it is dangerous to the city of Rexburg and dangerous to his neighborhood. Richard Smith - We have applied for the extension project and they have requested environmental studies conducted before expansion is completed. We have not received any grant money; it is scheduled for the fiscal year 1993. We have not expended any tax money for this project. The mayor asked Richard if the planes can fly over the residential areas? Richard said they have established rules regarding spray plane operations as far as them entering and exiting the airport. They cannot fly over the city. We have not established any rules regarding private planes. In order to change the traffic pattern, which is directly over the city of Rexburg, it would require some action from the FAA. We have not felt that it was a danger at this time. The Airport Board does feel very strongly that this doesn't impact the city as far as danger or causing unsafe conditions. In fact it enhances the safety of the airport. Air ambulance operations are virtually impossible to conduct from about 10:00 A.M. until 6:00 or 7:00 P. M. in the evening because of temperature of the day and the r density altitude is high and it takes a longer runway to land. We cannot bring air ambulances in during those hours on some of the hottest days. An extension to the runway would allow that. An extension would allow such airplanes as Louisiana Pacific, K Mart or Albertsons to operate off the runway at all times. Right now they can only operate depending upon the weather conditions. We think it will enhance the safety of the airport. It is going to bring some business airplanes into the area. George Quarez- My major concern for the safety for the city is the flight patterns will vary with the wind direction and certainly need the force of the wind to sustain their departure as well as their arrival. They will be flying over schools and homes and provide a dangerous situation for the city of Rexburg. As far as my neighborhood is concerned, the traffic will increase as well as the noise and pollution. Richard Smith - (1) He didn't disagree with Mr Quarez and it would be appropriate if he would come before the Airport Board and request to change the traffic pattern. He was not opposed to that. (2) Concerning the impact on Mr Quarez's neighborhood, there is money in the grant to pay for noise abatement work. They are going to plant trees along your neighborhood. There will be rules for noise abatement, in order to get the grant money. The Airport Board and FAA are going to do anything they can do to minimize the noise. George Quarez- The flight pattern impacts the whole city not only my neighborhood. The mayor explained the budget looks high because of the grant for the airport, the money that is in there for the Wastewater Treatment Plant, there is a grant for the Senior Citizens, money in for a grant for an elevator at the tabernacle, a grant for the Nature Park and a lot of things in the budget which probably won't happen. We are not raising the city property taxes. A motion was made by councilman Brad Liljenquist and seconded by Jim Flamm that the rules requiring an ordinance of a general and permanent nature to be read on three occasions be dispensed with and that said ordinance be numbered 736. Those voting aye: Jim Flamm Bruce Sutherland Brad Liljenquist Farrell Young Those voting nay: None Absent: Nyle Fullmer Glen Pond RE: PASSING OF ORDINANCE 736 - BUDGET FOR 1992-1993 YEAR Ordinance 736 was then placed before the council. The mayor then called for the voting for final passage of the ordinance, and the motion was made by Brad Liljenquist and seconded by Bruce Sutherland that ordinance 736 be passed. Those voting aye: Bruce Sutherland Brad Liljenquist Farrell Young Jim Flamm Those voting nay: None Absent: Glen Pond Nyle Fullmer The roll showed all councilmen present voting "Aye" carried, the Mayor declared that the majority of all the members of the city council had voted for the passage of said ordinance was duly and regularly passed. Mayor Boyle declared the motion carried. RE: PASSING OF RESOLUTION 92.10 - (PROPERTY TAX LEVI) Mayor Boyle read Resolution 92-10 that the city requests an amount of ad valorem tax revenues for its 1992-1993 fiscal year annual budget that does not exceed 105 of the amount of ad valorem tax revenues. ~~ (copy on file) A motion was made by Bruce Sutherland to introduce and pass Resolution 92-10, seconded by Brad Liljenquist. All Aye RE: READING & PASSING OF ORDINANCE 735 CALLING FOR A SPECIAL BOND ELECTION TO ENLARGE THE WASTEWATER TREATMENT PLANT Mayor Boyle read Ordinance 735 calling for a special bond election to enlarge the Wastewater Treatment Plant. AN ORDINANCE PROVIDING FOR THE CONSTRUCTION AND INSTALLATION OF IMPROVEMENTS TO THE WASTEWATER COLLECTION AND TREATMENT SYSTEM OF THE CITY OF REXBURG, OF MADISON COUNTY, IDAHO: CALLING A SPECIAL ELECTION FOR THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY THE QUESTION OF THE ISSUANCE OF REVENUE BONDS IN THE AMOUNT OF $5,000,000 TO PAY THE COST THEREOF; ESTABLISHING THE DATE, TIME, AND PLACE OF SAID ELECTION; PROVIDING FOR PUBLIC NOTICE OF SAID ELECTION; AND PROVIDING FOR OTHER MATTERS RELATING THERETO A motion was made by councilman Brad Liljenquist and seconded by Jim Flamm that the rules requiring an ordinance of a general and permanent nature to be read on three occasions be dispensed with and that said ordinance be numbered 735. Those voting aye: Brad Liljenquist Farrell Young Bruce Sutherland Jim Flamm Those voting nay: None Absent: Glen Pond Nyle Fullmer Ordinance 735 was then placed before the council. The mayor then called for the voting for final passage of the ordinance, and the motion was made by Brad Liljenquiat and seconded by Bruce Sutherland that ordinance 735 be passed. Those voting aye: Brad Liljenquist Bruce Sutherland Jim Flamm Farrell Young Those voting nay: None Absent: Nyle Fullmer Glen Pond The roll showed all councilmen present voting "Aye" carried, the Mayor declared that the majority of all the members of the city council had voted for the passage of said ordinance was duly and regularly passed. Mayor Boyle declared the motion carried. RE: PUBLISHING A SUMMARY OF ORDINANCE 735 The mayor told the council that we need to approve allowing us to publish a Summary of Ordinance No. 735. A motion was made by Brad Liljenquist and seconded by Jim Flamm that we publish a summary of Ordinance No. 735. All Aye RE: RESOLUTION 92.7 APPROVED (SUMMARY OF ORD. 735 FOR PUBLICATION) Mayor Boyle read Resolution No. 92.7. A RESOLUTION OF THE CITY OF REXBURG, IDAHO, APPROVING, PURSUANT TO SECTION 50-901A, IDAHO CODE, A SUMMARY OF ORDINANCE NO. 735 FOR PUBLICATION. (on file) A motion was made by Brad Liljenquist and seconded by Bruce Sutherland to approve Resolution 92.7. All Aye. RE: RESOLUTION 92.8 APPROVED - AGREEMENT FOR BOND COUNSEL SERVICES Mayor Boyle read Resolution No. 92.8 A RESOLUTION OF THE CITY OF REXBURG, MADISON COUNTY, IDAHO, APPROVING AN AGREEMENT FOR BOND COUNSEL SERVICES AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE SAME.(on file) A motion was made by Jim Flamm and seconded by Farrell Young to approve Resolution 92.8. All Aye RE: RESOLUTION 92.9 PASSED - GENERAL CITY ELECTION 11/3/92 Mayor Boyle read Resolution No. 92.9 A RESOLUTION PROCLAIMING A GENERAL CITY ELECTION TO BE HELD ON NOVEMBER 3, 1992, DESIGNATING THE POLLING PLACES, DESIGNATING THE REGISTRAR AND DEPUTY REGISTRARS, AND ORDERING THE CITY CLERK TO GIVE NOTICE OF SUCH ELECTION. (on file) A motion was made by Brad Liljenquist and seconded by Farrell Young to pass Resolution 92.9. All Aye RE: INFORMATION ON THE IMPACT ZONE Richard Smith presented information on the Impact Zone. The city wanted to establish an Impact Zone. As established in the Idaho Code, we set up a committee consisting of County Commissioners and some of the people in the community to establish this Impact Zone. We met with the mayor and Nyle Fullmer a number of times. We established the boundaries of the Impact Zone and discussed in length how the zoning would be established in the Impact Zone. Because that committee never came to an agreement as to what exactly the zones should be, they sent it to Planning and Zoning. The Planning and Zoning was chosen by the City Council and the County Commissioners to be the governing body for the Impact Zone. That Committee approved the drafting of an ordinance. (1) it establishes the Impact Zone, (2) it appoints Planning and Zoning to be the governing board to administer all rules and regulations in zoning within the Impact Zone, (3) it appoints three members from the county residing in the Impact Zone and appoints those as members of the Planning & Zoning and gives them voting power on Planning & Zoning as to all matters, and with respect to matters concerning just the Impact Area their votes are actually weighted so their votes equal the number of votes on Planning & Zoning, (4) it states that all zones and rules and regulations established by Planning & Zoning are subject to approval by the City Council and the County Commissioners. (5) It establishes an appeals process that anyone aggrieved by any decision of the Planning & Zoninq or any decision by the city council or the county commissioners can appeal to a board, consisting of two city council, two county commissioners and they will decide the matter. If it is a tie then the original rules will stand in place. Planning & Zoning met and discussed the types of zones we were initially going to start out with. In the discussion we wanted a number of agricultural zones, a residential zone, a commercial zone and industrial zone. In reviewing the zoning ordinance of the City of Rexburg, we found all growing crops authorized in the city ordinance. The concern of another agricultural zone would be livestock. The committee and Planning & Zoning came up with four zones, (1) Agricultural, (2) Residential, (3) Commercial (4) Industrial. The Agricultural would allow all agricultural uses including the raising up to 30 head of livestock. Residential would include the same as provided in the city ordinance although it would not allow for the raising of any livestock. Residential would be limited to acreages of one acre or less. Agricultural would be approved in lots of one acre or more. Industrial would include all agricultural uses such as feed lots, fur farms, large dairy operations in excess of 30 head of cattle, veterinary hospitals and food processors. In doing a survey of the farms in the impact zone, we felt there was only one operation that would fall in the commercial zone, and that would be Dell Barney. The reason we are doing this, is we want to bring everyone in as to what they are doing right now. We want to preclude any major expansion of a dairy operation into a feed lot or something that will cause problems in the Impact Area. Because in the past two weeks there has been a real focus on zoning in Impact area, the Planning & Zoning feel it is time to move on it quickly. There have been a number of homes built that will present problems in four or five years similar to Rexburg Heights. (1)Tonight the three members that have been asked by the County Commissioners to be appointed to the Planning & Zoning needs to be done in the form of an ordinance. (2) We will request that the council define the Impact area. (showing a map) We will get a legal description. The Planning & Zoning had a concern of building of residential homes on the frontage road of the farm to market road. (3) in appointing the three members to the Planning & Zoning it was decided '=~ X11 to appoint Scott Mortensen, who is already a member of Planning & Zoning as a county member. J. D. Hancock asked if the council wanted to impose a moratorium on any further development in that zone that is not previously approved by Planning & Zoning until such time as the official Public Hearings and the final plans for the zones have been drafted. We will have to have Public Hearings before the Planning & Zoning, before the City Council and before the County Commission. The new zoning map will have to be prepared and adopted and the Comprehensive Plan will have to amended to conform to the zones established in the Impact area. The council felt they did not want to impose a moratorium. Everything will be grandfathered to the current use. RE: READING & PASSING OF ORDINANCE 737 - ESTABLISHING AN IMPACT AREA Mayor Boyle read Ordinance 737 AN ORDINANCE OF THE CITY OF REXBURG, IDAHO, PURSUANT TO IDAHO CODE, SECTION 67-6526, ESTABLISHING AND DEFINING A GEOGRAPHICAL AREA OF CITY IMPACT FOR THE CITY OF REXBURG, IDAHO, BY ADOPTING A MAP IDENTIFYING SAID AREA OF IMPACT WITHIN THE UNINCORPORATED AREA OF MADISON COUNTY. A motion was made by councilman Bruce Sutherland and seconded by Jim Flamm that the rules requiring an ordinance of a general and permanent nature to be read on three occasions be dispensed with and that said ordinance be numbered 737. Those voting aye: Brad Liljenquist Farrell Young Jim Flamm Bruce Sutherland Those voting nay: None Absent: Glen Pond Nyle Fullmer Ordinance 737 was then placed before the council. The mayor then called for the voting for final passage of the ordinance, and the motion was made by Jim Flamm and seconded by Bruce Sutherland that ordinance 737 be passed. Those voting aye: Farrell Young Bruce Sutherland Glen Pond Jim Flamm Those voting nay: none Absent: Nyle Fullmer Glen Pond The roll showed all councilmen present voting "Aye" carried, the Mayor declared that the majority of all the members of the city council had voted for the passage of said ordinance was duly and regularly passed. Mayor Boyle declared the motion carried. RE: APPOINTING OF 3 COUNTY MEMBERS FROM IMPACT AREA TO PLANNING & ZONING The mayor told the council the County Commissioners have recommended that the city appoint three members of the Planning Board from the County Impact area, Richard Smith, Jerry Jeppesen, and Scott Mortensen. All council members present voted Aye in favor of those appointments. The mayor stated we will have the ordinance in its entirety in two weeks. RE: PLANNING & ZONING ESTABLISHES RULES REGARDING BUILDING PERMITS IN THE IMPACT AREA Richard Smith stated that Planning & Zoning can establish any set of rules regarding building permits that they want. Many of them will be the same as in the city. If someone wants to build a residence in an agricultural zone, it has to be approved by Planning & Zoning and has to qualify as an agricultural residence. Permits should comply with Ordinance 725 to be consistent. ~~~ RE: DISCUSSION OF A STOP SIGN AT 1ST SOUTH AND ASH. Bruce Sutherland discussed a stop sign at 1st South and Ash. He has reviewed the minutes of safety committee meetings. There was a atop sign recommended at the corner of Ash and Maple going north, right now it is a yield. He has driven on that street several times lately and it makes sense to put a stop sign on the corner of Ash and 1st South on 1st South. I will have the safety committee review it and report at the next meeting. RE: RECOMMENDATION TO DRAFT AN AGREEMENT WITH RIGBY FOR CROSS USE OF THE GARBAGE TRUCK The mayor suggested that we draft an agreement with Rigby for cross use of the garbage truck. A motion was made by Jim Flamm and seconded by Bruce Sutherland to draft an agreement. All Aye RE: NOTICE IN NEWSPAPER TO KEEP CHILDREN AWAY FROM GARBAGE TRUCK The mayor stated that the Garbage Truck drivers are having a problem with kids running around the garbage truck and we need to know what to do. The council felt that we need to educate the parents and encourage the parents to keep the kids away from the truck. The council asked the press to get something in the paper. Farrell Davidson was concerned about kids bouncing rocks off the water tanks. There is a lot of damage from vandals. RE: CURB, GUTTER & SIDEWALK REPLACEMENT POLICY & AGREEMENT APPROVED Mayor Boyle read the Curb, Gutter & Sidewalk Replacement Policy & Agreement (attached and on file). A motion was made by aim Flamm and seconded by Farrell Young to approve the policy. All Aye A motion was made by Brad Liljenquist and seconded by Bruce Sutherland to approve the bills. All Aye A motion was made by Bruce Sutherland and seconded by Jim Flamm to adjourn. All Aye Mayor, i e L. Boyl ~~ City Clerk, Ros~" ag y ~I '~c l/ ~ '~ WASTEWATER (SEWERS TREATMENT PLANT ~`' o ~~ ~ BOND ELECTION FOR THE ~.. `„~~ CITY OF REXBURG 1 MAIN POINTS I. Passing the bond is the least expensive way to build the plant. 2. There will be NO property tax increase to pay for the wastewater plant. It will be paid for by sewer charges only. 3. The new plant must be built to meet State and Federal regulations and to handle Rexburg`s growth. 4. A Public Information Meeting will be held at 7:30 p.m. on Thursday September 17, 1992 at the :2exburg City Ha11 to answer questions and discuss the upcoming bond election. Q. Whydo we need a new Treatment Plant? A. I. The existing Treatment Plant has proven incapable of meeting EPA & State imposed treatment requirements. 2. New technology is now available which will provide a more efficient and effective wastewater treatment plant to get in compliance with EPA and the State of Idaho and protect the environment that we live in. Q. What does the project include? A. The city's current wastewater treatment plant will be upgraded with a new oxidation ditch, clarifiers and pretreatment facility. To keep costs down, existing buildings and equipment will be utilized in the new plant. Q. How much will it cost? (The following figures are maximum estimates and may be lower.) A. 1. The total estimated project cost is $5,040,000. 2. Wastewater rates will be increased on May I, 1993. The proposed residential monthly base fee will remain at $3.50, but the per-thousand-gallon fee will raise from $.49 to $1.20, with a minimum total sewer bill of $7.00. 3. The sewer charge for the average residence using 10,000 gallons per month (about 3.5 people) would increase from $8.40 to $15.50 per month. The charge for a large residence using 20,000 gallons per month (about 7 people) would increase from $13.30 to $27.50 per month. Your individual charge may vary depending on your amount of usage. 4. The bond will be a revenue bond and will be paid for by revenues generated from the use of the wastewater system. The bond will NOT be secured by property taxes. In fact, city property taxes are going down this year. (over) ilJ Q, If_the Bond Election is defeated, what will happen? A. 1. If the Bond Election is defeated, the City will be forced to incur additional costs to get a court order to build the plant. The EPA can fine the City up to $25,000 a day without it. 2. Since 1-1-90 the City has had over 60 different violations for which the EPA can fine the City. To date the City has received only one $12,000 fine. The EPA has chosen not to impose additional fines as long as we are rapidly progressing towards construction of a new plant. Q. Who can vote? A. Those persons over IB years of age who have resided within the City for more than 30 days are eligible to vote. You must be registered. The Bond Election will be held concurrent with the General Election on Tuesday, November 3, 1992. ~, What are the other Cities charsin for wastewater sewer service for average households? (An average household uses about 10,000 gallons per month or consists of about 3.5 people.) A. 4• City Aberdeen Blackfoot Boise Chubbuck Heyburn Idaho Fa11s Pocatello REXBURG Rupert Salmon Sugar City Monthly Wastewater Rate $15.60 9.50 18.06 I7.OD 14.90 8.50 6.45 15.50 l I1.70 15.00 20.00 (as of 11-1-92) (as of 5-1-93) (as of 10-1-92) (as of 10-1-92) The three cities listed with Lower fees received grant money that is no longer available. Who can I contact for more information? A. Contact the following people for additional information: Nile Bayle 359-3020 Brad Liljenquist 356-8384 Dave Thibault 359-3035 Richard Horner 359-3020 Farrell Davidson 359-3020 John Millar 356-9201 Mayor Councilman Wastewater Dept. Head Financial Officer Public Works Director Forsgren Assoc. (Engineer) A PUBLIC INFORMATION MEETING WILL BE HELD AT 7:30 P.M. ON THURSDAY SEPTEMBER 17, 1992 AT THE REXBURG CITY HALL TO ANSWER QUESTIONS AND DISCUSS THE UPCOMING BOND ELECTION. ~y CITY OF REXBURG CURB, GUTTER & SIDEWALK REPLACEMENT POLICY & AGREEMENT as of September 2, 1992 The City of Rexburg shall reimburse any property owner within the city limits the following amounts and under the following stipulations: 1) CURB & GUTTER: X5.00 per linear foot. FEET 2j SIDEWALK: $.65 per square foot. Length X WIDTH = SQ. FEET $ TOTAL $ STIPULATIONS: 2) The property owner is fully responsible for the original installation of curb, gutter and sidewalk. The City will only participate in the replacement of such. 2) Sidewalk includes the section of the driveway that would otherwise be sidewalk if the driveway was not there. 3j Curb, gutter and sidewalk at a corner will be measured as if it were square even though it may be rounded at the cozner. 4) The property owner must contact the City Public Works Director to authorize , reimbursement to the property owner before the work is done. 5) Sidewalk must be previously installed for the whole length of the property where it normally would be. The City will not participate in replacing any sidewalk where some of the property remains without the appropriate sidewalk. 6) The property owner is responsible to hire and pay the contractor that will be doing the removal and installation. 7) The City will reimburse the property owner, not the contractor used, and only after the work has been completed and reviewed by the Public Works Director. NOTE: The removal, installation, maintenance and safety of curb, gutter and sidewalk is the sole responsibility of the property owner. The City assumes absolutely no responsibility for the quality, form or safety of curb, gutter and sidewalk even though it may be placed on City right-of-way. Property Owner Address Phone Property Owner Signature Public Works Director Date Date