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HomeMy Public PortalAboutResolution 05-93 Declaring the intention of the City of McCall, Idaho to create local improvement district no.2 for the purpose of constructing and installing certain public improvements RESOLUTION NO. 5-93 A RESOLUTION DECLARING THE INTENTION OF THE CITY OF MCCALL, IDAHO, TO CREATE LOCAL IMPROVEMENT DISTRICT NO. 2 FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING CERTAIN PUBLIC IMPROVEMENTS; DESCRIBING THE BOUNDARIES OF THE PROPOSED IMPROVEMENT DISTRICT AND THE PROPERTY PROPOSED TO BE ASSESSED FOR THE COSTS OF THE IMPROVEMENTS; GENERALLY DESCRIBING THE IMPROVEMENTS PROPOSED TO BE CONSTRUCTED AND THE ESTIMATED COSTS AND EXPENSES OF THE IMPROVEMENTS; STATING THAT THE TOTAL COST WILL BE PAID FROM A LEVY OF ASSESSMENTS ON PROPERTY BENEFITED BY THE IMPROVEMENTS; STATING THE METHOD OF DETERMINING ASSESSMENTS; FIXING THE TIME WITHIN WHICH AND THE PLACE AT WHICH A PUBLIC HEARING WILL BE HELD TO CONSIDER SUCH PROTESTS; AND PROVIDING FOR OTHER MATTERS RELATING THERETO WHEREAS, the City of McCall, Valley County, Idaho (the "City") , is a municipal corporation operating and existing under and pursuant to the laws of the State of Idaho, and as such is authorized and empowered to create local improvement districts to finance the construction of improvements pursuant to Title 50, Chapter 17, Idaho Code; and WHEREAS, the City Council (the "Council") of the City has received a petition for the creation of a local improvement district for certain sewer, water, and street improvements in Riverside Subdivision within the City; and WHEREAS, the Council is of the opinion that it is in the best interest of the owners of property and of the inhabitants within the proposed local improvement district, and within the City, that the proposed local improvement district be formed and the proposed improvements as hereinafter described be constructed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MCCALL, IDAHO, as follows: Section 1: The Council hereby determines and states that it is its intention to form a local improvement district, to be designated Local Improvement District No. 2 ("L. I.D. No. 2") , to make the improvements as hereinafter set forth. Section 2 : The boundaries of the proposed L. I.D. No. 2 and of the properties to be assessed are generally described as: All of Blocks 1, 3 and 4 and Lots 1, 2 , 3 , 4, 5, 6, 7, 8, 9, 30, 31, 32, 33, 34, 35, 36, 37 and 38 of Block 2 of the Riverside Subdivision in the City of McCall, Helmich Street, Jacobs Street, Rice Street, and portions of Scott Street, Mission Street and Simmons Street, together with a strip of land 55. 00 feet wide along the easterly side of said Riverside Subdivision. Page 1 Section 3 : A general description of the improvements to be constructed (the "Improvements") is as follows: sewer improvements, consisting of installation of an 8-inch sewer collection line, together with sewer service connections; water system improvements, consisting of acquisition of easements and installation of a looped water system connecting to existing water lines, water service connections, and installation of water hydrants, together with street surface repair as needed; street improvements, consisting of upgrade and paving of streets, acquisition of right-of-way for extensions of streets, construction of a bicycle path and adjacent fencing, and relocation of power poles; together with related improvements and costs of engineering, legal services, publication, interest on borrowed funds during construction, bond issuance costs and reserves, and other related expenses. Section 4 : The estimated total cost of the Improvements is approximately $500, 000, the cost of which will be paid by a levy of assessments on the property benefited. Section 5: The assessable portion of the costs and expenses of the Improvements shall be assessed against the tracts, lots, and lands benefited by the Improvements according to a benefits derived method of assessment, as provided by Section 50-1707, Idaho Code, with all benefited lots being assessed an approximately equal share of the costs and expenses of the Improvements. Section 6: Thursday, the 22nd day of April, 1993 , at the hour of 8: 00 o'clock P.M. at the Council meeting chambers in the basement of McCall City Hall, 216 Park Street, McCall, Idaho, is hereby fixed as the time and place when and where the owners of the property to be assessed may appear before the Council and be heard 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. 2 and constructing the proposed 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. Section 7: Written protests and objections to the creation of L.I.D. No. 2 or to the manner of assessment or inclusion of property therein may be filed with the City Clerk at or before 5: 00 o'clock P.M. on Thursday, April 22 , 1993, by any owner of any parcel of land to be assessed. Section 8: Notice of Hearing substantially in the form attached hereto as Exhibit "A" and hereby made a part hereof shall be given as follows: Page 2 (A) By publication of such notice in The Star-News, of McCall, Idaho, a newspaper of general circulation within the City, _J which notice shall be published once a week for two consecutive weeks, the first publication being at least ten (10) days prior to the date of said hearing. (B) By mailing, at least ten (10) days prior to the date of said hearing, a copy of such notice to each owner of property, if known, or his agent, if known, within the limits of the proposed L.I.D. No. 2, addressed to such person at his or her post office address, if known, or if unknown, to the post office in McCall, Idaho. Ownership of property shall be determined as of the date of the adoption of this Resolution. Section 9 : This Resolution shall take effect and be in full force from and after its passage and approval. DATED this 25th day of March, 1993 . CITY OF MCCALL Valley County, Idaho By •PF d' e A. May.r ATTEST: L:i'01Fr ,ty Clerk ( S E A L ) Page 3 NOTICE OF HEARING ON CREATION OF LOCAL IMPROVEMENT DISTRICT CITY OF MCCALL, IDAHO Local Improvement District No. 2 NOTICE IS HEREBY GIVEN that Thursday, the 22nd day of April, 1993, at the hour of 8: 00 o'clock P.M. , at the McCall City Hall, 216 Park Street, McCall, Idaho, has been fixed, pursuant to Resolution No. 5-93 , as the time and place for public hearing at which the owners of property to be assessed within proposed Local Improvement District No. 2 ("L.I.D. No. 2") 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. 2 and acquiring and constructing 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. 2 and the acquisition and construction of the proposed 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 and the property to be assessed for the costs of the improvements within the proposed L.I.D. No. 2 are described as: All of Blocks 1, 3 and 4 and Lots 1, 2 , 3, 4, 5, 6, ) 7, 8, 9, 30, 31, 32, 33 , 34, 35, 36, 37 and 38 of Block 2 of the Riverside Subdivision in the City of McCall, Helmich Street, Jacobs Street, Rice Street, and portions of Scott Street, Mission Street and Simmons Street, together with a strip of land 55. 00 feet wide along the easterly side of said Riverside Subdivision. A list of street addresses of the property to be assessed for the costs of the improvements is attached as Exhibit "B. " A general description of the improvements to be constructed (the "Improvements") is as follows: sewer improvements, consisting of installation of an 8-inch sewer collection line, together with sewer service connections; water system improvements, consisting of acquisition of easements and installation of a looped water system connecting to existing water lines, water service connections, and installation of water hydrants, together with street surface repair as needed; street improvements, consisting of upgrade and paving of streets, acquisition of right-of-way for extensions of streets, construction of a bicycle path and adjacent fencing, and relocation of power poles; together with related improvements and costs of engineering, legal services, publication, interest on borrowed funds during construction, bond issuance costs and reserves, and other related expenses. Page 1 - EXHIBIT "A" The estimated total cost of the proposed project is $500, 000, Uthe cost of which will be paid for by the levy of assessments on the property benefited. The costs and expenses of the Improvements to be paid from special assessments shall be assessed against the tracts, lots, and lands benefiting the Improvements according to a benefits derived method of assessment, with all benefitted lots being assessed an approximately equal share of the costs and expenses of the Improvements. Written protests and objections to the creation of L.I.D. No. 2 or to the manner of assessment or inclusion of property therein may be filed with the City Clerk at McCall City Hall, 216 Park Street, McCall, Idaho, at or before 5: 00 o'clock P.M. on April 22 , 1993 , by any owner of any parcel of land to be assessed. DATED this 25th day of March, 1993 . CITY OF MCCALL Valley County, Idaho Af By Or 1 Mayor ' ATTEST: pity Clerk Page 2 - EXHIBIT "A"