HomeMy WebLinkAbout1977 Notice of Resolution NOTICE OF RESOLUTION
CITY OF CHUBBUCK, IDAHO
NOTICE IS HEREBY GIVEN that the City of Chubbuck has
adopted a resolution of intent to organize a Local Improvement
District in the area of West Burnside Avenue . Excerpts of
the resolution appear below. Attention is called to the
protest and hearing procedures set forth in Section VIII .
For further information, citizens may consult the full text
of the resolution and its appendix, on file at the office
of the Chubbuck City Clerk, City Hall , 5160 Yellowstone,
Chubbuck, Idaho .
WHEREAS, the construction of a motel complex between
West Burnside Avenue and the Interstate-15 West right-of-way
has rendered inadequate the sewer, water and street improve-
ment in the area; and
WHEREAS, the creation or upgrading of any such improve-
ments would primarily benefit the owners of property abutting
West Burnside Avenue ; and
WHEREAS, the affected owners of property have unan-
imously agreed that such improvements should be created or
upgraded through a Local Improvement District pursuant to
Title 50, Chapter 17 , Idaho Code ; and
WHEREAS, the property owners , although they lack
requisite standing to submit a petition pursuant to Idaho
Code Section 50-1706 , have requested that the City Council
adopt a resolution creating such a Local Improvement District,
as also authorized by Idaho Code Section 50-1706 ; and
WHEREAS, it appears that costs of the improvements ,
including engineering costs , administrative expenses and
legal fees will be included in bonds payable from assess-
ments against the property owners , the City paying only for
those improvements which will benefit it directly; and
WHEREAS, the principal property owners , particularly
Reliance Investment , Inc. and Interstate Group , Inc . have
secured or before the adoption of any Local Improvement
District ordinance will procure, one or more sufficient
letters of credit from reputable financial institutions to
guarantee the availability of funds to meet any interim
financial needs with respect to the project and to purchase
the bonds when sold; and
WHEREAS, in light of all the foregoing factors , the
City Council finds that good cause exists to initiate the
organization of such a Local Improvement District ;
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City
Council of Chubbuck, Bannock County, Idaho:
SECTION I . It is the intention of the Mayor and City
Council of the City of Chubbuck, Bannock County, Idaho to
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overlaid upon an existing surface) , curb and gutter on both
sides of the pavement together with approximately 100 feet
of valley gutters , approximately 1960 feet of sidewalk four
feet wide running along all of the south side of the improved
street and along that part of the north side excluding the
portion abutted by land owned by Parrish Realty and Insurance,
and an irrigation ditch crossing.
SECTION III . The foregoing improvements represent
additional improvements or enhancement of existing improve-
ments in the project area.
SECTION IV. The total estimated cost of the improve-
ments in the project , including engineering, legal and
administrative expenses, is $75 , 500. Of this amount the
city' s portion, consisting of non-assessable street improve-
ments falling within the Yellowstone Highway right-of-way,
is estimated to be $500 , which sum shall be paid by the city
from its water and/or general funds , as appropriate. The
remaining cost, estimated to be $75 , 000, shall be levied and
assessed against the lots and lands abutting, adjoining and
adjacent to West Burnside Avenue, the Mayor and Council
finding that such lots and lands are the properties bene-
fited by the improvements in the project .
SECTION V. A Local Improvement District, within the
meaning of Title 50, Chapter 17 , Idaho Code , shall be formed
for the purpose of making these improvements .
SECTION VI. The boundaries of the Local Improvement
District shall be as follows :
A tract of land being in the S 1/2 , SE 1/4, NW
1/4, Section 10, T. 6 S . , R. 34 E . , B.M. , Bannock
County, Idaho , and described to wit: Beginning at
the NE corner of S 1/2, SE 1/4, NW 1/4, of Section
10, T. 6 S . , R. 34 E. , B.M. , thence westerly along
said north line of the S 1/2 , SE 1/4, NW 1/4 to
the west right-of-way line of Yellowstone Highway
a distance of 36 feet more or less , said point
being the True Point of Beginning; thence S
02°34 '48" W - 456 . 92 feet more or less to an Idaho
State Highway right-of-way monument ; thence S
73°02 ' 07" W - 686 . 34 feet more or less to an Idaho
State Highway right-of-way monument ; thence N
89°29 ' 42" W 600 . 22 feet more or less ; thence N
00°04'49" E - 663 . 11 feet more or less to the said
north line of S 1/2 , SE 1/4, NW 1/4 of Section 10,
T. 6 S. , R. 34 E. , B.M. ; thence S 89°28 ' 24" E -
1276 . 36 feet more or less to the True Point of
Beginning. All said lands adjoining West Burnside
Avenue in the City of Chubbuck, Idaho .
The properties adjoining the district are described as set
forth in Appendix "A" attached hereto and incorporated
herein.
SECTION VII. The cost levied and assessed against the
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SECTION VIII. Protests against the foregoing improve-
ments or the creation of the proposed Local Improvement
District shall be made in writing and filed in the office of
the Chubbuck City Clerk, City Hall, 5160 Yellowstone Avenue,
Chubbuck, Idaho, on or before 5 : 00 p .m. , October 25 , 1977 ;
and such protests shall be heard and considered by the City
Council at a meeting of the City Council to be held at 8 : 00
p.m. the same day.
THIS NOTICE DATED the 12th day of October, 1977 .
CITY OF CHUBBUCK:
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By: d ` "
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John 0. Cotant , Ji'.
Mayor