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HomeMy WebLinkAbout1999-002 Local Improvement District No 2 RESOLUTION NO. 2-99 BY THE COUNCIL: A RESOLUTION DECLARING THE INTENTION OF THE COUNCIL OF THE CITY OF CHUBBUCK, IDAHO, TO CREATE LOCAL IMPROVEMENT DISTRICT NO. 2 FOR THE CITY OF CHUBBUCK, IDAHO, FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING CERTAIN STREET IMPROVEMENTS IN THE DISTRICT; PROVIDING THE KIND AND CHARACTER OF THE PROPOSED IMPROVEMENTS; DESCRIBING THE BOUNDARIES OF, AND THE PROPERTY TO BE BENEFITED BY, THE PROPOSED DISTRICT; PROVIDING THAT THE TOTAL ESTIMATED COSTS AND EXPENSES OF SAID IMPROVEMENTS ARE TO BE ASSESSED AGAINST THE LANDS TO BE BENEFITED BY SAID IMPROVEMENTS; PROVIDING THE METHOD BY WHICH THE COSTS AND EXPENSES OF THE IMPROVEMENTS ASSESSABLE ARE TO BE PAID; FIXING A TIME IN WHICH PROTESTS AGAINST SAID IMPROVEMENTS, OR THE CREATION OF SAID PROPOSED DISTRICT, MAY BE FII.ED IN ~ OFFICE OF THE. CITY CLERK; FD~4G A ~ WHEN SUCH PROTESTS SHALL BE HEARD AND CONSIDERED BY THE COUNCIL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Council (the "Council") of the City of Chubbuck, Idaho (the "City") has specifically found and determined that the creation of Local Improvement District No. 2 (the "District") by which to construct and install certain street improvements (the "Project") is necessary and beneficial to the property owners within the boundaries of the proposed District and City, that the City should initiate the creation of the said District without the need for a petition, and that there appeared to be reasonable probability based upon the value of the property included within the boundaries of the proposed District that the total costs and expenses for constructing and installing the proposed Project would be paid; and, WHEREAS, the total costs and expenses of the proposed Project, including the contract price of said Project together with costs and expenses incurred for engineering clerical, printing, advertising, inspection, collecting assessments and interest thereon, reserves, legal services for preparing proceedings and advising in regard thereto and contingencies deemed necessary by the Council, are to be levied against and assessed upon the parcels and tracts of property within the proposed District on the basis that the total costs and expenses of the Project shall be divided by the number of lineal liont feet of street along which the Project extends and its related improvements are made, and then assessed equally according to the lineal fi-ont foot method among all property owners of lots, tracts, or parcels of property within the District that abut or adjoin and are otherwise contiguous and adjacent to Bufley Drive north of East Chubbuck Road, upon, along and within which the Project is constructed and installed. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: RESOLUTION - PAGE - l- nkq/Chubbuck/99 L 1 D/res. I Section I. That it is the intention of the City of Chubbuck, Idaho to create Local Improvement District No. 2 for the City of Chubbuck, Idaho, without petition by this Resolution, for the purpose of constructing and installing the following described street improvements (the "Project") in the City, within and adjacent to the boundaries of the proposed District, all of which are more specifically described below: (a) BOUNDARIES: See the description attached hereto as Exhibit "A" and made a part hereof. (b) PROJECT: The improvement and reconstruction within the District of Burley Drive north of East Chubbuck Road, as well as and including the construction, installation and provision of water lines, sewer and storm drainage system, curbs, gutters, sidewalks, roadway and other related improvements within the District adjacent to and along Bufley Drive north of East Chubbuck Road. (c) ESTIMATED COST: The total estimated cost of the said Project is $125,000, including all costs of construction, engineering, consulting, inspection, legal;' clerical, reserves and financing of which the .sum of $-0- will be paid fi.om federal and/or state grants or other funds, and the remaining $125,000, shall be paid fi.om assessments levied upon property located within the District and to be benefited by the Project in accordance with the lineal fi.ont foot method of assessment. (d) VALUE OF PROPERTY: The Council finds and declares that the value of the property within the said District is not less $360,000. Section 2. That the plan of installation and construction of the Project is subject to change and modification by the Council, and the Council hereby reserves such right to so change and modify, based upon the feasibility of installation and construction and the present and future requirements and needs for the Project at the least expense and cost to the property owners within the proposed District and the City, within and 'without the proposed District, coupled with the assurance that in all probability all costs and expenses of the installation and construction of the proposed Project within the proposed District will be paid. Section 3. That the costs and expenses of the Project herein provided shall be levied and assessed in the manner provided by Chapter 17, Title 50, Idaho Code, and that the total costs and expenses of all the Project in the proposed District, including the contract price of said Project together with costs and expenses incurred for engineering and clerical services, advertising, printing, inspection, collecting assessments and interest thereon, reserves, legal services for preparing the proceedings and advising in regard thereto and contingencies deemed necessary by the Council, are estimated to be $125,000. That of the estimated costs and expenses of said Project herein proposed to be made, $125,000 or approximately 100% of the total cost, together with interest at the rate to be fixed and determined by the Council (upon the sale and issuance of bonds) shall be paid by each person or entity who is an owner of property within the boundaries of said proposed District by levying upon and assessing against each owner of each lot, tract or parcel of real propeay within the District an equal portion of the aforesaid amount of said costs and expenses per lineal front foot, incurred for RESOLUTION - PAGE -2- r'a.~Ch ubbuck/99 LI D/r~a. I constructing and installing the aforesaid Project, with interest upon the unpaid principal balance at the rate to be established upon the sale and issuance of bonds as aforesaid, such method of assessment being deemed to be the benefit that each such lot, tract or parcel of real property will be severally benefited by the above-described Project and that no such lot, tract or parcel of real property will be assessed in a greater amount than it will be actually benefited by said Project, provided that the total cost (contract price, engineering and clerical, advertising, printing, inspection, collecting assessments and interest thereon, reserves, legal services and contingencies) of constructing and installing the Project shall be assessed and charged directly to the property so benefited thereby. Section 4. That the general character of the construction and installation of the Project includes those specified in Section 1 hereof, and all of the above-described Project shall be constructed and installed under the direction and supervision and to the satisfaction of the City Public Works Director and J-U-B Engineers, Inc., the designated Engineers of the City, and in accordance with the plans and specifications provided by said Engineers for the foregoing Project. Section 5. That the Council intends to issue bonds in payment of the costs and expenses of the aforesaid Project to be taxed and assessed upon each lot, tract or parcel of real property within said District in the manner provided by and as described in Chapter 17, Title 50, Idaho Code, as amended; that the Council further intends to have such bonds payable as nearly as may be in equal annual installments not to exceed ten (10) in all, and shall be redeemable in numerical order subject to the pertinent provisions of Chapter 17, Title 50, Idaho Code; that each property owner shall pay in equal annual installments, not to exceed ten (10) in ail, his or her proportionate share of the estimated sum of $125,000 for the Project in the manner and as provided in Section 3 hereof} that each property owner may redeem his property fi.om the liability for any assessment by paying all installments of assessments which are then due, plus any penalties and interest, and the amount of all installments unpaid, together with the interest upon the balance of such unpaid installments for one (1) year after the next interest date; and that in addition to the method for the collection of such assessments in installments as provided by Chapter 17, Title 50, Idaho Code, delinquent installments may be certified to the Tax Collector of Bannock County for extensions upon the tax rolls and collectible as are other taxes. Section 6. That the City Clerk is hereby instructed to post for at least five (5) days in three (3) public places within the District and to have published an official Notice of Hearing of the Intention to create the District, in substantially the following form in the Idaho State Journal, the official newspaper for the City, for three (3) consecutive daily issues, the first of such publications and posting to be not less than ten (10) days prior to the date of holding the hearing upon said Notice of Intention to create said District: [FORM OF NOTICE OF INTENTION AND HEARING] NOTICE IS HEREBY GIVEN that the Council and Mayor of the City of Chubbuck, Idaho, respectively adopted and approved its Resolution No.__ on the __ day of June, 1999, which, among other things, established and provided for the following: NOTICE OF HEARING: At a hearing to be held by the Council on the 27th day of July, 1999, at 7:30 o'clock p.m., or as soon thereafter as all objections and protests may be heard, at the City RESOLUTION - PAGE -3- ras/Chubbuck/99LID/res. 1 Council Chambers, 5160 Yellowstone Avenue, in Chubbuck, Idaho, the Council shall hold a hearing to consider all protests and objections filed in writing for the creation of Local Improvement District No. 2 (the "District"), and to the street improvements proposed to be constructed and installed in said District or any other protests and objections in relationship to the creation of said District. The Council reserves the fight to adjourn the hearing fi.om time to time to a fixed future time and place until all protests and objections have been heard. Owners of property to be assessed and situated within the boundaries of the proposed District hereinafter described have up to and including the hour of 5:00 o'clock p.m. on the 27th day of July, 1999, to file with the City Clerk of the City of Chubbuck, City Hall, Chubbuck, Idaho, written protests and objections to the creation of the said District, or to the making of the improvements proposed to be constructed and installed within the said District, or making any other protests and objections in relationship to the Council's intent to create said District. BOUNDARIES: A description of the boundaries of the proposed District to be created and the property within said District to be assessed for a portion of the total costs and expenses of the aforesaid improvements are described as follows: (a) District Boundaries: The boundaries are as set forth on Exhibit "A" attached hereto. Co) Property to be Assessed: .afll property within the District subject to assessment under Title 50, Chapter 17, Idaho Code, which abuts or fi-onts on Bufley Drive north of East Chubbuck Road. DESCRIPTION OF PROJECT: The improvement and reconstruction within the District of Burley Drive north of East Chubbuck Road, as well as and including the construction, installation and provision of water lines, sewer and storm drainage system, curbs, gutters, sidewalks, roadway and other related improvements within the District adjacent to and along Bufley Drive north of East Chubbuck Road. ESTIMATED COSTS: The probable costs and expenses of the above construction, engineering, etc. are estimated to be $125,000, of which other grant or funding sources will pay approximately $-0- and $125,000 will be paid from assessments on property within the District. METHOD OF ASSESSMENT: The method of assessment as to each parcel within the District will be by the lineal fi'om foot method. Under this method the total amount to be assessed for the Project will be divided by the total number of lineal fi.ont feet of each lot or parcel of real property within the District that abuts or adjoins and is otherwise contiguous and adjacent to Bufley Drive north of East Chubbuck Road, and then multiplying this value times the fi.ont footage of each parcel to be assessed. RESOLUTION - PAGE -4- rm/Chubbuc k/90 L 1 D/res. I ADDITIONAL INFORMATION: Anyone desiring further information pertinent to said intent to create said District may examine, or receive a copy of, the Resolution No. 2- 9 9 On file in the office of the City Clerk, City Hall, Chubbuck, Idaho. DATED thisS?H, day of June, 1999. CITY CLERK [ END OF FORM OF NOTICE ] Section 7. That the City Clerk is hereby directed and instructed to mail a copy of the Notice provided in Section 6 hereof at least ten (10) days prior to the time fixed for the hearing of the intention of the Council to create said District to each owner of property determined as of the date of adoption of this Resolution of Intent to so create said District addressed to such person at his post office address, if known, or if unknown, to the post office in Chubbuck, Idaho, where the improvement is to be made. Section 8. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the Council of the City of Chubbuck, Idaho, this 8TH day of June, 1999. APPROVED by the Mayor of the City of Chubbuck, Idaho, this 8TH day of June, 1999. APPROVED: ATTEST: CITY CLERK (SEAL) RESOLUTION - PAGE -5- vas/Chubbuck/99 LID/res. 1 EXHIBIT "A" Description of Boundaries of District The District's boundaries shall be as specifically described in Schedule A-1 hereto. The map set forth in Schedule A-2 hereto is an area map depicting the general location and specific boundaries of the District. RESOLUTION - PAGE -6- r~Chubbuc~99LID/res. [ SCHEDULE A- i Boundary Description ( Attached ) RESOLUTION - PAGE -7- raa/Chubbuck/99LID/ms. I SCHEDULE A-2 Area Map and District Boundaries ( Attached ) RESOLUTION - PAGE -8- ra.a/Chubbuck/99LID/res. I NOTICE OF INTENTION AND HEARING NOTICE IS HEREBY GIVEN that the Council and Mayor of the City of Chubbuck, Idaho, respectively adopted and approved its Resolution No. 2-99on the 8'i'H-day of June, 1999, which, among other things, established and provided for the following: NOTICE OF HEARING: At a hearing to be held by the Council on the 27th day of July, 1999, at 7:30 o'clock p.m., or as soon thereafter as all objections and protests may be heard, at the City Council Chambers, 5160 Yellowstone Avenue, in Chubbuck, Idaho, the Council shall hold a hearing to consider all protests and objections filed in writing for the creation of Local Improvement District No. 2 (the "District"), and to the street improvements proposed to be constructed and installed in said District or any other protests and objections in relationship to the creation of said District. The Council reserves the right to adjourn the hearing from time to time to a fixed future time and place until all protests and objections have been heard. Owners of property to be assessed and situated within the boundaries of the proposed District hereinafter described have up to and including the hour of 5:00 o'clock p.m. on the 27th day of July, 1999, to file with the City Clerk of the City of Chubbuck, City Hall, Chubbuck, Idaho, written protests and objections to the creation of the said District, or to the making of the improvements proposed to be constructed and installed within the said District, or making an?,, other protests and objections in relationship to the Council's intent to create said District. BOUNDARIES: A description of the boundaries of the proposed District to be created and the property within said District to be assessed for a portion of the total costs and expenses of the aforesaid improvements are described as follows: (a) District Boundaries: The boundaries are as set forth on Exhibit "A" attached hereto. (b) Property to be Assessed: All property within the District subject to assessment under Title 50, Chapter 17, Idaho Code, which abuts or fronts on Bufley Drive north of East Chubbuck Road. DESCRIPTION OF PROJECT: The improvement and reconstruction within the District of Bufley Drive north of East Chubbuck Road, as well as and including the construction, installation and provision of water lines, sewer and storm drainage system, curbs, gutters, sidewalks, roadway and other related improvements within the District adjacent to and along Bufley Drive north of East Chubbuck Road. ESTIMATED COSTS: The probable costs and expenses of-the above construction, engineering, etc. are estimated to be $125,000, of which other grant or funding sources will pay approximately $-0- and $125,000 will be paid from assessments on properly within the District. METHOD OF ASSESSMENT: The method of assessment as to each parcel within the District will be by the lineal fi'ont foot method. Under this method the total amount to be assessed for the Project will be divided by the total number of lineal front feet of each lot or parcel of real property within the District that abuts or adjoins and is otherwise contiguous and adjacent to Bufley Drive north of East Chubbuck Road, and then multiplying this value times the front footage of each parcel to be assessed. NOTICE OF INTENTION AND HEARING - PAGE -l- ras/ChubbuckJ99LlD/res. I ADDITIONAL INFORMATION: Anyone desiring further information pertinent to said intent to create said District may examine, or receive a copy of, the Resolution No. 2-9 9 on file in the office of the City Clerk, City Hall, Chubbuck, Idaho. DATED this 8TH .day of June, 1999. CITY CLERK NOTICE OF INTENTION AND HEARING - PAGE -2- ra.qChubbuck/99LlD/rea. 1 EXHIBIT "A" Description of Boundaries of District The District's boundaries shall be as specifically described in Schedule A-1 hereto. The map set forth in Schedule A-2 hereto is an area map depicting the general location and specific boundaries of the District. NOTICE OF INTENTION AND HEARING - PAGE -3- rax/Chubbuck/99 LID/res. l SCHEDULE A- 1 Boundary Description ( Attached ) NOTICE OF INTENTION AND HEARING - PAGE -4- radCh ubbuck/99 LID/res. I SCHEDULE A-2 Area Map and District Boundaries ( Attached ) NOTICE OF INTENTION AND HEARING - PAGE -5- rasdChubbuck/99 LID/rea. I