HomeMy WebLinkAbout1977-013 W Burnside/I-15 Water, Sewer, Street Improvement RESOLUTION NO. 13-77
CITY OF 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
create or to enhance sewer, water and street improvements in
and along West Burnside Avenue from the Yellowstone Highway
westerly for a distance of approximately 1300 feet.
SECTION II. The general character of the improvements
shall be (a) an 8-inch concrete sewer line of approximately
660 feet, with appurtenances and service connections to
property lines except the Parrish Realty and Insurance
property; (b) a 10-inch ductile iron water line of approx-
imately 1100 feet, with appurtenances and service connec-
tions to property lines except the Parrish Realty and Insur-
ance property; and (c) street improvements including pave-
ment approximately 1300 feet long and 36 feet wide (partially
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 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
benefited properties shall be apportioned according to front
footage on West Burnside Avenue unless, prior to adoption by
the city of a Local Improvement District ordinance, the
owners of said properties unanimously agree that the front
foot method does not represent a true proportion of the
benefits derived by each property and said owners present to
the Mayor and City Council a written contract to which all
are parties fixing with certainty an assessment method based
upon actual benefits derived.
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.
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BE IT FURTHER RESOLVED that the City Clerk is hereby
directed to give notice of the passage of this resolution,
causing such notice to be published in the Idaho State
Journal, a daily newspaper of general circulation within the
city and the official newspaper thereof, in three (3) consecutive
issues, and further causing a copy of such notice to mailed
to each owner of property if known, or his agent if known,
addressed to such person at his post office address if
known, or if not known, to the post office at the city. The
last publication .of such notice and mailing of the same
shall occur not later than five (5) days before the date of
expiration of the filing of protest. The notice shall
describe the general character of the improvements and the
estimated total cost thereof, and shall refer to this
resolution on file in the office of the Chubbuck City Clerk
for further information in regard thereto.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR of
the City of Chubbuck~ Idaho, this llth day of October, 1977.
ATTEST:
City Clerk
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APPENDIX "A"
BURNS]DE AVENUE L.I.D.
PROPERTY OWNERS
Interstate Group, Inc.
711 First Security Building
405 S. Main Street
Salt Lake City, Utah 84111
Reliance Investments, Inc.
P. O. Box 4863
Pocatello, Idaho 83201
e
Parrish Realty and Insurance
250 East Center
Pocatello, Idaho 83201
Page 1 of 4 Pages
BURNSIDE'AVENUE
Interstate Group, Inc.
Description
Lots l, 2, and 3 of the Interstate Group Subdivision,
a plat of record, recorded as Instrument No. 575288
in Bannock County, Idaho.
(1058.03 feet of frontage along West Burnside Avenue)
Page 2 of 4 Pages
BURNSIDE AVENUE
Reliance Investments, Inc.
Boundary Description
Parcel No. 1 - North of West Burnside Avenue
Beginning at the NE corner of the S 1/2, SE 1/4, NW 1/4
of Section 10, T. 6 S., R. 34 E., B.M., Bannock County,
Idaho;
Thence N 89°28'24" W along said north line of the
S 1/2, SE 1/4, NW l/4-660.00 feet more or less to the
True Point of Beginning;
Thence N 89°28'24" W - 652.36 feet more or less along
said north line of the S 1/2, SE 1/4, NW 1/4 of Section 10;
Thence S 00°04'49" W - 140.39 feet more or less to the
north right-of-way line of West Burnside Avenue;
Thence S 8g°28'24" E - 652.16 feet more or less along
said north right-of-way of West Burnside Avenue;
Thence N 00°0g'33" E - 140.3g feet more or less to the
True Point of Beginning.
Parcel No. 2 - South of West Burnside Avenue
Beginning at the NE corner of the S 1/2, SE 1/4, NW 1/4
of Section .10, T. 6 S., R. 34 E., B.M., Bannock County,
Idaho;
Thence S 00°09'33" W - 190.39 feet more or less;
Thence N 8g°28'24'' W - 1102.07 feet more or less to the
True Point of Beginning;
Thence S 00°04'49'' E - 472.'64 feet more or less to an
Idaho State Highway right-of-way monument;
Thence N 89°2g'42'' W - 2'10.02 feet more or less;
Thence N 00°04'49" E - 472.72 feet more or less to the
south right-of-way line of West Burnside Avenue;
Thence S 89°28'24'' E - 210.02 feet more or less along
said south right-of-way line of West Burnside Avenue
to the True Point of Beginning.
Page 3 of 4 Pages
BURNSIDE AVENUE
3. Parrish Realty and Insurance
Boundary Description
Beginning at the NE corner of the S 1/2, SE 1/4, NW 1/4
of Section 10, T. 6 S., R. 34 E., Bannock County, Idaho.
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 Avenue a distance of 35.7 feet, more or
less, said point being the True Point of Beginning;
Thence S 02°34'48'' W - 140.14 feet more or less along
west right-of-way line of Yellowstone Avenue to the
north right-of-way line of West Burnside Avenue;
Thence N 89°28'24'' W - 646.9 feet more or less along
north right-of-way line of West Burnside Avenue;
Thence N 00°09'33'' E - 140.00 feet more or less to the
north line of the S 1/2, SE 1/4, NW 1/4, Section 10;
Thence S 89°28'24" E - 653.2 feet more or less along
said north line of the S 1/2, SE 1/4, NW 1/4, Section l0
to the True Point of Beginning.
Page 4 of 4 Pages