HomeMy WebLinkAbout1978, 06-01 Grading, Re-grading, Graveling, Paving, and Repaving of StreetsSTATE OF IDAHO, )
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 Thursday, the 1st
day of June, 1978, at the hour of 7:30 o'clock P.D4. 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
D?ile Boyle
Warren Porter
P4organ Garner
Jim Morris
Darlene Blackburn
Absent: None
Also Present: City Cleric, Afton Anderson
City Attorney, b4ary Smith
Thereupon the following proceedi~igs, among others,
were duly had and taken:
Councilman Barton Jensen introduced the following
Amended Resolution in writing and move=d its adoption:
AMENDED RESOLUTION DIo. 1
AN AP4ETQDED RESOLUTION DECLARING THE INTENTION OF THE CITY
COUNCIL OF THE CITY OF ]ZEXBURG, IDAHO, TO CAUSE CERTAIN
STREETS AND ALLEYS APdD PARTS THEREOF WITHIN THE CORPOR-
ATE LIMITS OF SAID CITY TO BE GRADED, RE-GRADED, GRAVELED,
PAVED, RE-PAVED AND OTHERWISE IMPROVE THE HEREINAFTER
DESCRIBED STREETS WI ^1HIN THE DISTRICT AND TO CONSTRUCT
AND RECONSTRUCT CURBS, GUTTERS, SATdITARY SEWER i~QAINS,
ANll SERVICE LINES AND WhTER DLAINS AND SERVICE LINES,
DRAINP.GE FACILITIES, A CANAL BRIDGE APTD OTHER WORK
INCIDENTAL TO ALL OF THE FOREGOIIQG IMPROVEMENTS ALONG
SAID STREETS; TO CREATE LOCAL IMPROVEAIENT DISTRICT N0.
23 FOR THE FURPOSE OF MAKING SAID I..PROVE"4ENTS; ^10 DEFRAY
THE COST AND EXPENSES OF SAID DISTRICT AND THE COST AND
EXPENSE OF SAID IMPROVEMENTS BY THE LEVY OF AN ASSESS-
MENT AGAINST THE ABUTTING, ADJOINING AND ADJACENT LOTS
AND LANDS A:~ONG OR UPON WHICH SUCH Ib1PROVEi~IENTS ARE TO BE
MADE AND UPOTd LOTS AND LANDS BENEFITED BY SUCH IMPROVEMENTS
AND ITdCLUDE:J IN THE DISTRICT TO BE CREATED ACCORDING TO A
FRONT FOOT 14ETHOD, OR A SQUARE FOOT METHOD, OR A COP-I-
BINATION THEREOF OR IN PROPORTION TO THE BENEFITS
DERIVED TO SUCH PROPERTY BY SAID IMPROVEMENTS, SUBJECT
TO ANY VARIATION THEREI'ROM TO BE DETERMINED BY THE
COUNCIL, EXCEPT THAT THE COS^1 ATdD EXPENSES OF ALL SUCH
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IMPROVEMENTS WITHIN STREET INTERSECTIONS AND ALLEY
INTERSECTIONS SHALL BE PAID FROM THE GENERAL FUNDS OF
THE CITY AND DECLARING SAID IIflPROVEAIENTS TO BE ORIGINAL
IMPROVEMENTS, FURTHER AND ADDITIONAL IMPROVEMENTS AND
RE-IMPROVEMENTS; GIVING THE KIND AND CHARACTER OF SAID
IMPROVEMENTS AND THE ESTIMATED TOTAL COST THEREOF;
FIXILdG THE TIME WHEN PROTESTS AGAINST SAID IMPROVEMENTS
AND THE CREATION OF SAID DISTRICT P2AY 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, on the 21st day of
September, 1977, passed its Resolution declaring its intention to
create Local Improvement District No. 23, and provided that
notice of the passage of the Resolution and the time within which
to file protests or other objections be given as provided by
law; that such hearing was set for October 19, 1977, and notice
thereof given as required by law; and
WHEREAS, such hearing was held on said date, and many
interested persons attended the hearing requesting that addition a]
streets and property be included in the proposed Improvement
District No. 23, and
WI-IEREAS, at said meeting on motion duly made, seconded
and carried, the City Council determined that it would be for
the best interests of the City to cause such improvements to be
extended to additional streets and include additional property
in the proposed Improvement District No. 23, and ordered and
directed the City Engineer to proceed with the required
engineering and services necessary for the inclusion of such
streets and property in the proposed Improvement District No. 23,
and
WHEREAS, it was further moved, seconded and carried
that after the City Engineer had assembled the necessary
information, the City Council would then consider an Amended
Resolution for the creation of Local Improvement District No. 23,
and the City Council has now received such information from the
City Engineer, and
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WHEREAS, the City Council of Rexburg, Idaho, deems
it for the best interests 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,
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, and to create Local Improvement District No. 23 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 $500,000.00, of which sum
$175,000.00 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
general 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 $325,000.00 by assessments levied against the
lots and lands abutting, adjoining and adjacent to the streets
and alleys to be so 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
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WHEREAS, the City, as
this Amended Resolution of Inte
District No. 23, has determined
to be included in said proposed
NOW, THEREFORE, BE IT
COUNCIL OF THE CI^1Y OF REXBURG,
SECTION I: The City
of the date of the adoption of
it to Create Local Improvement
the ownership of the property
improvement district.
ORDAINED BY THE MAYOR AND
IDAHO, AS FOLLOWS:
of Rexburg, Idaho, does hereby
declare its intention to cause certain streets and alleys and
parts thereof within the corporate limits of the City o£
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,
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 and for that purpose to create and establish a Local
Improvement District thereon to be known as Local Improvement
District No. 23 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 lots 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. Shoshone Avenue: Any and all property which abuts,
adjoins, or is adjacent to any part of Shoshone Avenue
between Second South and the South line of Mill Hollow
Estates Subdivision and the South line of the Randall
Indian Hills Estates Subdivision of the City of Rexburg,
more particularly described as follows:
All of lots 1, 2, 3, 4, 5, and 6 of the Mill Hollow
Heights Subdivision of the City of Rexburg. Also, Lot 2,
Block 4 and the East 131 feet of Lot 2, Block 5 of the
Randall Indian Hills Subdivision of the City of Rexburg.
Also, that street island owned by Vilda Orgill Clark.
2. Fourth West Street and Fifth South Street: Any and
all property which abuts, adjoins or is adjacent to any part
of Fourth West Street between Fourth South and Sixth South
or Fifth South Street between Fourth West and Fifth West,
more particularly described as follows:
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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 Lots 2, 3, and 4,
Block 5 of the Klingler Addition to the City of Rexburg.
3. 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 2•Iorth 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 West 1300
feet; thence South 540 feet; thence East 970 feet; thence
South 185 feet; thence East 330 feet to the point of
beginning.
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.
4. 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.
5. Salem Avenue: Any and all property which abuts,
adjoins, or is adjacent to Salem Avenue, more particularly
described 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; 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, Bloc]c 29 of the Rexburg Townsite; thence East 330
feet; thence South 125 feet; thence West 150 feet; thence
South 15 feet; thence West 180 feet; thence North 140
feet to the point of beginning.
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6. Second West 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 Bloclc 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.
7. 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
Rexburg 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/W line of the Rexburg Canal; thence North-
easterly 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 82.5 feet to the point of beginning.
8. Yale Avenue: Property owned by Sames Lamph and
property owned by Vivian Bagley which fronts on Yale
Avenue, more particularly described as follows:
Commencing at the Southeast corner o£ Lot 4, Bloclc 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.
9. 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 bVest 132 feet;
thence North 660 feet to the point of beginning. Also,
commencing at the Northeast corner of Block 11 of the
Rexburg Townsite; thence South 660 feet; thence West
115.5 feet; thence North 660 feet; thence East 115.5 feet
to the point of beginning.
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10. All of the Zachreson Addition to the City of
Rexburg, more particularly described as follows:
Commencing 116 rods South of the Northeast corner of the
Northeast Quarter of Section 25, Township 6 North, Range
39 East, Boise Meridian; thence West 20 rods; thence
North 16 rods; thence West 60 rods; thence South 60
rods; thence East 60 rods; thence North 40 rods; thence
East 20 rods; thence North 4 rods 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 ]rind and character
of the proposed improvements along and upon such streets are
as follows:
SANITARY SEWER LINE
1. Third East Street between 2nd North and the
Rexburg Canal.
2. All of 255 South Street.
SEWER SERVICES
1. Third East Street between 2nd North and the
Rexburg Canal on both sides of the street.
2. All of 255 South Street on both sides of
the street.
3. Fifth South between 4th West and 5th West on both
sides of the street.
WATER LINE
1. Fifth South between 4th West and 5th West.
2. All of 255 South Street.
WATER SERVICES
1. Fifth South between 4th West and 5th West on
the South side only.
2. All of 255 South Street on both sides of the
street.
CURB AND GUTTER
1. Shoshone Avenue between 2nd South and the South
line of the A4ill Hollow Heights Subdivision and
the Randall Indian Hills Estates Subdivision of the
City of Rexburg. Both sides of the street.
2. 4th West Street from 4th South to 6th South on
the East side only excluding portions with existing
curb and gutter.
3. 5th South Street between 4th west and 5th West.
Both sides of the street.
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4. Fifth West Street from 2nd North to Chad Drive
on both sides of the street.
5. First North Street from 4th West to 5th West on
both sides of the street.
6. All of Salem Avenue on both sides of the street.
7. First North Street between 4th West and 5th West.
8. Second West Street between 2nd North and 3rd North.
9. Third West Street between 2nd North and 3rd North.
10. Yale Avenue in front of lots owned by James Lamph
and Vivian Bagley only.
11. All 255 South Street.
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A canal bridge will be constructed over the Rexburg
Canal at Fifth South Street.
SECTION II. The kind and character of said improve-
ments 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 otherwise
improve the hereinabove described streets within the District
and to construct and reconstruct curbs, gutters, sanitary
sewer mains and service lines, water mains & service lines,
drainage facilities, a canal bridge 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 malting
of said improvements.
SECTION III. The said improvements are original
improvements, further and additional improvements and re-improve-
ments.
SECTION IV. The estimated costs and expenses of
said District and of said improvements are $500,000.00, which
sum is to be allocated and paid as follows:
From levy of assessments against
property benefited--------------------$ 325,000.00
From general funds of the City--------$ 175,000.00
SECTION V. The cost and expenses of said District
and of said improvements which is to be paid by assessments
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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 improve-
ments, subject to any variations therefrom to be determined by
the Council.
The cost and expenses of said improvements within
street and alley intersections, namely, the sum of $175,000.00
is, in the judgment 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 consideration 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 21st day of June, 1978, at 8 o'cloc
P.M. of said day, and the chambers of the City Council in the
City Hall in theCity 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 ob-
jections in relation thereto, will be heard and considered by
the City Council and that protests against the creation of such
District and any other objections in relation thereto, may be
filed in the office of the City Cleric on or before 8 o'clock P.M.
on Wednesday, June 21, 1978.
The City Clerk is hereby ordered and directed to
give notice of the passage of this Amended Resolution, the time
within which protests against the creation of said District
or any other objections in relation thereto may be filed,
and the date when such protests will be heard and considered
by the Council in the manner provided by law.
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The Clerk is further ordered and directed to cause
said notice to be published in two issues of the Rexburg
Standard, 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 proposed 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:
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