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HomeMy Public PortalAboutResolution 18-94 Intent to create LID #4 • RESOLUTION NO. 18-94 A RESOLUTION DECLARING THE INTENTION OF THE CITY OF MCCALL, IDAHO, TO CREATE LOCAL IMPROVEMENT DISTRICT NO. 4 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 BENEFITTED 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; REPEALING RESOLUTION NO. 9-94, ADOPTED ON MAY 12, 1994; 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 water and street improvements 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. 4 ("L. I .D. No. 4" ) , to make the improvements as hereinafter set forth. Section 2 : The boundaries of the proposed L. I .D. No. 4 and of the properties to be assessed are set forth in Exhibit "A" which is annexed hereto and by reference made a part of this resolution. Page 1 • Section 3 : A general description of the improvements to be constructed (the "Improvements") is as follows : water system improvements, consisting of water main installation and/or replacement, valves, residential water service connections, and installation of fire hydrants; street improvements consisting of an extension of Flynn Lane east from its current eastern terminus approximately 1000 feet, then south to a connection with Strawberry Lane, including grading and gravel base; 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 $527, 100, the cost of which will be paid by a levy of assessments on the property benefited within L. I .D. No. 4 . Section 5 : The costs and expenses of the Improvements shall be assessed against the tracts, lots, and lands benefitted by the Improvements according to a benefits derived method of assessment, as provided by Section 50-1707, Idaho Code, determined as follows : (A) Costs of water system improvements are to be divided into 185 shares . Each lot or parcel shall be assessed at least one share and larger lots or parcels are to assessed one share for each authorized sewer connection as defined by the Payette Lakes Water and Sewer District ' s Authorized Density Map; and (B) Costs of the street extension are to be divided among the owners of the parcels directly adjacent to the street extension based on a combination of lot size and lot frontage basis, fifty percent on the basis of lot size and fifty percent on the basis of lot frontage, with corner lots ' assessment to be based on the longest frontage only. Section 6 : Thursday, the 30th day of June, 1994, at the hour of 7 :30 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. 4 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. Page 2 Section 7 : Written protests and objections to the creation of L . I .D. No. 4 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, June 30, 1994, by any owner of any parcel of land to be assessed. Section 8 : Notice of Hearing substantially in the form attached hereto as Exhibit "B" and hereby made a part hereof shall be given as follows : (A) By publication of such notice in The Star-News, of McCall, Idaho, a newspaper of general circulation within the City, 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. 4, 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 : Resolution No. 9-94, adopted by the City Council on May 12, 1994, is hereby repealed. Section 10 : This Resolution shall take effect and be in full force form and after its passage and approval . DATED this 9th day of June, 1994 . CITY OF MCCALL Vall County, Idaho By -A Vitje4-49 Mayor ATTEST: City Clerk Page 3 • EXHIBIT "A" Description of portions of section 3, T.18 N., R.3 E., B. M.: Those portions of the NW 1/4 SW 1/4, the NE 1/4 SW 1/4, the NW 1/4 SE 1/4,the SW 1/4 SE 1/4, and the S 1/2 SW 1/4 of Section 3, T.18 N., R.3 E., B. M., lying south of the southerly line of Ponderosa State Park, as shown on a record of survey filed in the office of the Valley County Recorder in Book 2 on page 88A; west of the easterly line of Pilgrim Cove Rd, as shown on the Plat of the C-Way Subdivision,filed in book 6,page 23, and the plat of the D&S Subdivision, filed in book 5, page 32; north of the northerly line of Lick Creek Road; and east of the west line of Carrico Road, but excluding 19th Hole Estates and excluding those certain seven lots on Lick Creek Road with no frontage on Chipmunk Lane,being more particularly described as follows: Beginning at the point of intersection of the easterly line of Carrico Road with the northerly line of the NW 1/4 SW 1/4 of said section 3, said point being in the southerly line of said Ponderosa State Park, and being a point located S. 89° 44'01" E.,25.00 feet from the west 1/4 corner of said section 3; Thence S 89° 44'01"E.,2564.92 feet along said northerly line of the NW 1/4 SW 1/4 and of the NE 1/4 SW 1/4 of Section 3,being along the southerly line of said Ponderosa State Park,to the center 1/4 corner of said section 3; Thence S 89° 39' 51" E.,261.11 feet along said southerly line of said Park,and along the northerly line of the NW 1/4 SE 1/4 of said section 3,to the point of intersection of said line with the easterly line of Pilgrim Cove Road; Thence S. 0° 13' 39" W., 694.35 feet along said easterly line of Pilgrim Cove Road,being along the westerly lines of Lots 25, 26, 36 and 1 of the C-Way Subdivision,to the southwest corner of said Lot 1; Thence N. 89° 46' 21" E., 10.00 feet along the southerly line of said Lot 1 of the C-Way Subdivision to the northwest corner of Lot 6 of the D& S Subdivision; Thence S. 0° 13' 39" W., 660.00 feet along the westerly lines of Lots 6, 5,4, 3, 2, and 1 of said ' D& S Subdivision, being along the easterly line of said Pilgrim Cove Road and continuing across Lick Creek Road to a point in the southerly line of said Lick Creek Road; Thence N 0' 13' 39"E.back across Lick Creek Road to a point in the northerly line of such Lick Creek Road. Thence westerly 300 feet or more along the northerly line of Lick Creek Road to a point where such line turns southwesterly; Thence southwesterly a distance of 875 feet more or less along such northerly line of Lick Creek Road to the southwesterly corner of a first certain lot, now or lately the property of Bonna Joan Todeschi,which southwesterly corner lies northeasterly 820 feet more or less along such northerly line from the southeasterly corner of 19th Hole Estates; Thence northerly along the westerly property line of such first certain lot 110 feet more or less to its point of intersection with the southerly lot line of a second certain lot adjacent to its west,now or lately the property of James Brown; Thence westerly along such southerly lot line of such second certain lot a distance of 100 feet more or less to the southwesterly corner of such second certain lot, a point on the east property line of a third certain lot adjacent to the west of the second certain lot,now or lately the property of Bryan Brunzell; Thence southerly 30 feet more or less along such easterly property line of such third certain lot to that certain point which is the southeasterly corner of such third certain lot; Thence westerly along the southern boundary of such third certain lot and the southern boundary in turn of a fourth and fifth certain lot, now or lately the property of Charles Foster and of Conrad Schade,respectively, a distance of 300 feet,more or less,to the easterly lot line of a sixth certain lot,now or lately the property of Grant Kingsford; Thence southerly along the easterly boundary of such sixth certain lot a distance of 130 feet, more or less to the northerly line of Lick Creek Road; Thence southwesterly along such north line of Lick Creek Road a distance of 103 feet,more or less, to the southwest corner of such sixth certain lot; Thence northerly along the westerly lot line of such sixth certain lot a distance of 140 feet,more or less, to the southeasterly corner of a seventh certain lot adjacent to the west of such sixth certain lot, and now or lately the property of William Killen; Thence westerly along the southerly lot line of such seventh certain lot and the southerly lot line of an eighth and a ninth certain lot, now or lately the property of Hugh Pierce and of Preston Nicholes,respectively, a distance of 315 feet, mor or less, to the southwesterly corner of such ninth lot, a point on the easterly boundary of 19th Hole Estates; Thence northerly a distance of 150 feet,more or less, along the east boundary of such 19th Hole Estates,and thence westerly a distance of 835 feet, more or less, along the north boundariy of such 19th Hole Estates to the northwest corner of such subdivision, a point on the easterly line of Carrico Road; Thence N. 0° 08' 59"E., 35 feet, more or less, along such easterly line across Chipmunk Lane to a point in the northerly line of Chipmunk Lane; • Thence N. 89° 45'09" W. 15.06 feet along such northerly line of Chipmunk Lane to the point of intersection of same with the easterly line of Carrico Road; ▪ Thence N 0° 08'59"E., 1137.78 feet along said easterly line of Carrico Roadto the point of intersection of same with the northerly line of said NW 1/4 SW 1/4, being the point of beginning; NOTICE OF HEARING ON CREATION OF LOCAL IMPROVEMENT DISTRICT CITY OF MCCALL, IDAHO Local Improvement District No. 4 NOTICE IS HEREBY GIVEN, that Thursday, the 30th day of June, 1994, at the hour of 7 :30 o' clock P.M. , at the McCall City Hall, 216 Park Street McCall, Idaho, has been fixed, pursuant to Resolution No. 18-94, as the time and place for public hearing at which owners of property to be assessed within proposed Local Improvement District No. 4 ("L. I .D. No. 4") 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. 4 and acquiring and constructing the improvements, as hereinafter described, and as the time and place when and where the Council will consider the creation of the proposed L. I .D. No. 4 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. 4 are described in Exhibit "A" which is annexed to this Notice. 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 : water system improvements, consisting of water main installation and/or replacement, valves, residential water service connections, and installation of fire hydrants; street improvements consisting of an extension of Flynn Lane east from its current eastern terminus approximately 1000 feet, then south to a connection with Strawberry Lane, including grading and gravel base; 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 . The estimated total cost of the proposed project is $527, 100, the cost of which will be paid by a levy of assessments on the property benefited. The estimated total cost of the Improvements to be paid from special assessments shall be assessed against the tracts, lots, and PAGE 1 - EXHIBIT "B" lands benefited by the Improvements according to a benefits derived method of assessment, determined as follows : (A) Costs of water system improvements are to be divided into 185 shares . Each lot or parcel shall be assessed at least one share and larger lots or parcels are to assessed one share for each authorized sewer connection as defined by the Payette Lakes Water and Sewer District ' s Authorized Density Map; and (B) Costs of the street extension are to be divided among the owners of the parcels directly adjacent to the street extension based on a combination of lot size and lot frontage basis, fifty percent on the basis of lot size and fifty percent on the basis of lot frontage, with corner lots ' assessment to be based on the longest frontage only. Written protests and objections to the creation of L. I .D. No. 4 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 June 1994, by an owner of any parcel of land to be assessed. DATED this 9th day of June, 1994 . CITY OF MCCALL , Valley County, Idaho By Mayor ATTEST: City Clerk PAGE 2 - EXHIBIT "B"