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
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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
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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"