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HomeMy Public PortalAboutResolution 08-93 Giving notice of intention to create local improvement district no.3 RESOLUTION NO. 8-93 A RESOLUTION OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO, GIVING NOTICE OF INTENTION TO CREATE LOCAL IMPROVEMENT DISTRICT NO. 3 ; DESCRIBING THE BOUNDARIES OF THE PROPOSED DISTRICT AND THE PROPERTY PROPOSED TO BE ASSESSED; DESCRIBING GENERALLY THE IMPROVEMENTS TO BE CONSTRUCTED IN THE PROPOSED DISTRICT; STATING THE PORTION OF THE TOTAL COST WHICH WILL BE PAID BY THE LEVY OF ASSESSMENTS AND THAT WHICH WILL BE PAID FOR BY OTHER SOURCES; DESCRIBING THE METHOD OF ASSESSMENT; STATING THE TIME AND PLACE WHEN AND WHERE PROTESTS MAY BE FILED AND WHEN AND WHERE A PUBLIC HEARING WILL BE HELD TO CONSIDER ANY SUCH PROTESTS; PROVIDING FOR THE EFFECTIVE DATE OF THIS RESOLUTION; AND PROVIDING FOR OTHER MAT ERS PROPERLY RELATING THERETO. CITY OF McCALL Valley County,Idaho LOCAL IMPROVEMENT DISTRICT NO. 3 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF McCALL, IDAHO, as follows: WHEREAS, the City of McCall (the "City") is a municipal corporation operating and existing under and pursuant to the provisions of the constitution and laws of the State of Idaho, and as such is authorized and empowered to create local improvement districts and to acquire improvements pursuant to Idaho Code Title 50, Chapter 17; WHEREAS,Idaho Code§ 50-1706 authorizes the council of a city to initiate the formation of a local improvement district by resolution following the petition to form a local improvement district signed by not less than sixty percent (60%) of the resident owners of property subject to assessment within such proposed improvement district; WHEREAS, such petition has been executed by the sole owner of that property subject to assessment within such proposed improvement district and delivered to the City; and RESOLUTION- 8-93 page 1 WHEREAS, the City Council (the "Council") of the City is desirous of initiating the creation of a local improvement district within the boundaries set forth in such petition and hereinafter. NOW,THEREFORE,BE IT FURTHER RESOLVED,DETERMINED,AND ORDERED as follows: Section 1: The City hereby determines and states it is the City's intention to form a local improvement district to be designated City of McCall Local Improvement District No. 3 ("L.I.D. No. 3")for the purpose of acquiring the improvements as hereinafter set forth when and if completed in accordance with applicable standards. Section 2: The boundaries of the proposed L.I.D. No. 3, and of the properties to be assessed, are described in Exhibit A, attached hereto and hereby made a part hereof(the "Property"). The Council is of the opinion that said description is sufficient to inform the owner of the Property that the Property is proposed to be assessed and that public improvements are proposed to be acquired. Section 3: The proposed improvements to be acquired by the proposed L.I.D. No. 3 consist generally of a) the necessary land and improvements for a nine (9) hole addition(the "Addition") to the existing City of McCall Municipal Golf Course and for other related recreational facilities; b) the necessary land and improvements for waterways, amenities and other items appurtenant to the Addition; c) the necessary land,easements and improvements all as needed to complete the "Eastside Bypass Road", a public road, connecting Lick Creek Road to Deinhard Lane; d) the necessary land, easements and improvements for public roads within the boundaries of the Property; e) public sidewalks, pedestrian pathways, bikeways within and/or adjacent to the Property; f) public sanitary sewer,potable water and drainage improvements and facilities, as well as necessary easements and appurtenances; g) necessary easements for snow removal storage necessitate by public streets; h) such other lands, interests in land, and improvements as are necessary or appropriate to accomplish the foregoing; and RESOLUTION- 8-93 page 2 i) together with engineering, legal, accounting, costs of bond issuance, and other costs incidental thereto (collectively, the "Improvements"). Section 4: The estimated total cost of the Improvements is approximately Four Million Five Hundred Thousand and 00/100 Dollars ($ 4,500,000.00), of which Four Million Five Hundred Thousand and 00/100 Dollars ($ 4,500,000.00) (100%) will be paid for by a levy of assessments on the Property, and Zero Dollars ($0.00) (0%) will be paid for from City sources. The City (and the taxpayers of the City) shall have no general liability or obligation in connection with L.I.D. No. 3. Section 5: The costs and expenses of the Improvements shall be paid from special assessments against the lots and parcels within the proposed L.I.D. No. 3, according to the benefits derived method of assessment, all in accordance with Idaho Code § 50-1707. The City acknowledges the request of petitioner to pay such special assessments in thirty (30) annual payments, and the City will use all good faith efforts to schedule the payment of special assessments in thirty (30) annual payments, provided, however, the City makes no guarantee or warranty that such special assessments shall be scheduled for payment in thirty (30) annual payments, and the City notes that a shorter payment period may be applicable. Section 6: Thursday, the May 13, 1993, at the hour of 7:00 o'clock P.M., at the McCall City Hall,in the City of McCall, Idaho,is hereby fixed as the time and place before the Council for a hearing as to the propriety and advisability of acquiring the Improvements, and which is the time and place when and where the Council will consider the creating of the proposed L.I.D. No. 3, and acquiring the Improvements, and hear all complaints, protests, and objections that may be made in writing and filed with the Clerk of the City on or before said time, by any owner of any parcel of land to be assessed. Section 7: Notice of hearing substantially in the form attached hereto as Exhibit B, attached hereto and made a part hereof, shall be given as follows: (A) By publication of such notice in The Star News, a weekly newspaper of general circulation within the City and the official newspaper thereof,which notice shall be published once a week for two (2) weeks. (B) By mailing a copy of such notice by the City Clerk to each record owner of the Property, if known, or such owner's agent, if known, within the boundaries of the proposed L.I.D. No. 3, addressed to such person at his post office address, if known, or if unknown, to the RESOLUTION- 8-93 page 3 post office in McCall,Idaho. Ownership of property shall be determined as of the date of the adoption of this Resolution. Said notice by publication and notice by mailing shall be given at least ten (10) days before the date of said hearing. Proof of publication shall be by affidavit of the publisher and proof of mailing shall be by affidavit of the City Clerk. Section 8: This resolution shall take effect and be in force from and after its passage and approval. DATED: April 22, 1993. CITY OF McCALL Valley County, Idaho A crafrvietyceella4Y 014?/., A'I hST: • . hur J. Schmidt ity Clerk (SEAL) RESOLUTION- 8-93 page 4 EXHIBIT B NOTICE OF HEARING ON CREATION OF LOCAL IMPROVEMENT DISTRICT CITY OF McCALL Valley County, Idaho Local Improvement District No. 3 NOTICE IS HEREBY GIVEN that May 13, 1993, at the hour of 7:00 o'clock P.M., at the McCall City Hall, City of McCall, Idaho, has been fixed pursuant to Resolution No. 8-93 as the time and place for a public hearing at which the owners of property to be assessed within proposed Local Improvement District No. 3 ("L.I.D. No. 3") may appear before the City Council (the "Council")of the City of McCall(the "City") and be heard as to the propriety and advisability of creating L.I.D. No. 3 and acquiring the Improvements, as hereinafter described, and as the time and place when and where the Council will consider the creating of the proposed L.I.D. No. 3 and the acquisition of the Improvements, and hear all complaints,protests, and objections which may be made in writing and filed with the City Clerk on or before said time by any owner of any parcel of land to be assessed. The boundaries of the proposed L.I.D. No. 3 are described in Exhibit A, attached hereto and hereby made a part hereof. A general description of the improvements to be acquired(the "Improvements")is as follows: a) the necessary land and improvements for a nine (9) hole addition (the ' "Addition") to the existing City of McCall Municipal Golf Course and for other related recreational facilities; b) the necessary land and improvements for waterways, amenities and other items appurtenant to the Addition; c) the necessary land,easements and improvements all as needed to complete the "Eastside Bypass Road", a public road,connecting Lick Creek Road to Deinhard Lane; d) the necessary land,easements and improvements for public roads within the boundaries of the Property; e) public sidewalks,pedestrian pathways, bikeways within and/or adjacent to the Property; f) public sanitary sewer,potable water and drainage improvements and facilities, as well as necessary easements and appurtenances; g) necessary easements for snow removal storage necessitate by public streets; h) such other lands, interests in land, and improvements as are necessary or appropriate to accomplish the foregoing; and i) together with engineering, legal, accounting, costs of bond issuance, and other costs incidental thereto (collectively,the "Improvements"). The estimated total cost of the Improvements is approximately Four Million Five Hundred Thousand and 00/100 Dollars ($4,500,000.00), of which Four Million Five Hundred Thousand and 00/100 Dollars ($ 4,500,000.00) (100%) will be paid for by a levy of assessments on the Property, and Zero Dollars ($0.00) (0%) will be paid for from City sources. The City (and the taxpayers of the City) shall have no general liability or obligation in connection with L.I.D. No. 3. The costs and expenses of the Improvements shall be paid from special assessments against the lots and parcels within the proposed L.I.D. No. 3 according to the benefits derived method of assessment, all in accordance with Idaho Code § 50-1707. The City acknowledges the request of petitioner to pay such special assessments in thirty (30) annual payments, and the City will use all good faith efforts to schedule the payment of special assessments in thirty (30) annual payments, provided, however, the City makes no guarantee or warranty that such special assessments shall be scheduled for payment in thirty (30) annual payments, and the City notes that a shorter payment period may be applicable. Written protests and objections to the creation of L.I.D. No. 3 or to the manner of assessment or inclusion of property therein may be filed with the City Clerk at or before 5:00 P.M. on May 13, 1993. DATED: April 23, 1993. CITY OF McCALL PFealde of`hee Cno 4 A 1 LEST: ki//411 Pi/ Arth J. Schmidt Ci Clerk (SEAL)