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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. - 2 - 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 - 3 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