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HomeMy Public PortalAboutResolution 09-94 Intention to Create Local Improvement District 4 RESOLUTION NO. 9-94 A.RESOLUTION DECLARING THE INTENTION OF THE CITY OF MCCALL, IDAHO, TO CREATE LOCAL IMPROVEMENT DISTRICT NO. 4 FOR THE PURPOSE OF 1 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; 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; r�a 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. 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 Page 1 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 : she estimated total cost of the Improvements is � oe approximately r 8 , 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 , " 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. 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 36t`_` , 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 : Page 2 (A) By publication of such notice in The Star-News, of i 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 : This Resolution shall take effect and be in full force form and after its passage and approval . DATED this 12th day of May, 1994 . CITY OF MCCALL Valley County, Idaho By Pte- A' KLAL, Mayor ATTEST: City Cler. L ,'I Page 3 Exhibit "A" Description of portions of section 3,T.18 N.,R.3 E., B. M. annexed to the Corporate limits of the City of McCall: Those portions of the NW 1/4 SW 1/4,of the NE 1/4 SW 1/4 the NW 1/4 SE 1/4 and of the SW 1/4 SE 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 right-of-way 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 southerly line of Lick Creek Road in the SW 1/4 SE 1/4 of said section 3, north of the south line of Chipmunk Lane in the NE 1/4 SW 1/4 and NW 1/4 SW 1/4 of said section 3;and east of the east right-of-way line of Carrico Road in said NW 1/4 SW 1/4 SW 1/4, said parcel to be annexed thus being contiguousto the City Limits of the City of McCall,as they were prior to this annexation,on virtually all of three sides, 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, being a point on the City Limits of the City of McCall as they were prior to this annexation,and being located S. 89'44'01" E.,25.00 feet from the west 1/4 corner of said section 3; 1. 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 and along the City Limits of the City of McCall as they were prior to this annexation, to the center 1/4 corner of said section 3; 2. Thence S. 89' 39'51"E., 261.11 feet along said southerly line of said Park,and along said City Limits, as they were prior to this annexation,and along the easterly extension thereof, 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 right-of- way line of Pilgrim Cove Road; 3. Thence S. 0' 13'39"W., 694.35 feet along said easterly right-of-way 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; 4. 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; 5. 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 right-of-way line of said Pilgrim Cove Road and continuing across Lick Creek Road to a point in the southerly right-of-way line of said Lick Creek Road; 6. Thence N. 89' 31'21"W., 243.38 feet along the southerly right-of-way line of said Lick Creek Road to the point of intersection of same with the westerly line of the SW 1/4 SE 1/4 of said section 3 and the City Limits of the City of McCall as they were prior to this annexation; PAGE 1 - EXHIBIT "A" 7. Thence N. 0' 56'44"W., 167.56 feet along said westerly line of said SW 1/4 SE 1/4 across Lick Creek Road,and along said City Limits as they were prior to this ` % annexation and the westerly line of the NW 1/4 SE 1/4 of said section 3 to the point of intersection of same with the southerly right-of-way line of Chipmunk Lane; 8. Thence N. 89'45'09" W., 2572.61 feet through the NE 1/4 SW 1/4 and the NW 1/4 SW 1/4 of section 3,along the southerly right-of-way line of Chipmunk Lane and through the northerly 15 feet more or less of Lots 13, 18, 19, 20,21,22,23, 24, and 25 of the 19th Holes Estates Subdivision, and along said City Limits as they were prior to this annexation,to the point of intersection of said line with the easterly right-of-way line of Carrico Road; 9. Thence N. 0'08' 59"E.,50.00 feet along such City Limits, as they were prior to this annexation,across Chipmunk Lane to a point in the northerly right-of-way line of Chipmunk Lane; 10. Thence N. 89'45'09" 15.06 feet along such City Limits,as they were prior to this annexation,and said northerly right-of-way line of Chipmunk Lane to the point of intersection of same with the easterly right-of-way line of Carrico Road; 11. Thence N 0' 08'59"E., 1137.78 feet along said easterly right-of-way line of Carrico Road and the City Limits of the City of McCall,as they were prior to this annexation, to the point of intersection of same with the northerly line of said NW 1/4 SW 1/4,being the point of beginning; Said parcel being annexed contains 78.04 acres,more or less. PAGE 2 - EXHIBIT "A" 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 c 'qday 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. 9-94, 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 . S�7 Boa The estimated total cost of the proposed project is $4-8-57-100, 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 lands benefited by the Improvements according to a benefits derived method of assessment, determined as follows : PAGE 1 - EXHIBIT "B" (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 Pk 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 12th day of May, 1994 . CITY OF MCCALL Valley County, Idaho BY DA- L Mayor ATTEST- 17' #: _ "P /2 City Clerk (� �� PAGE 2 - EXHIBIT "B" Exhibit "A" Description of portions of section 3, T.18 N., R.3 E., B. M. annexed to the Corporate limits of the City of McCall: Those portions of the NW 1/4 SW 1/4, of the NE 1/4 SW 1/4 the NW 1/4 SE 1/4 and of the SW 1/4 SE 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 right-of-way 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 southerly line of Lick Creek Road in the SW 1/4 SE 1/4 of said section 3, north of the south line of Chipmunk Lane in the NE 1/4 SW 1/4 and NW 1/4 SW 1/4 of said section 3; and east of the east right-of-way line of Carrico Road in said NW 1/4 SW 1/4 SW 1/4, said parcel to be annexed thus being contiguous to the City Limits of the City of McCall, as they were prior to this annexation, on virtually all of three sides, 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, being a point on the City Limits of the City of McCall as they were prior to this annexation, and being located S. 89° 44' 01" E., 25.00 feet from the west 1/4 corner of said section 3; 1. 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 and along the City Limits of the City of McCall as they were prior to this annexation, to the center 1/4 corner of said section 3; 2. Thence S. 89° 39' 51" E.,261.11 feet along said southerly line of said Park, and along said City Limits, as they were prior to this annexation, and along the easterly extension thereof, 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 right-of- way line of Pilgrim Cove Road; 3. Thence S. 0° 13' 39" W., 694.35 feet along said easterly right-of-way 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; 4. 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; 5. 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 right-of-way line of said Pilgrim Cove Road and continuing across Lick Creek Road to a point in the southerly right-of-way line of said Lick Creek Road; 6. Thence N. 89° 31'21" W., 243.38 feet along the southerly right-of-way line of said Lick Creek Road to the point of intersection of same with the westerly line of the SW 1/4 SE 1/4 of said section 3 and the City Limits of the City of McCall as they were prior to this annexation; Ordinance No. 634, June 24, 1993 page 2 of 3 7. Thence N. 0° 56'44" W., 167.56 feet alongsaid westerly line of said SW 1/4 SE 1/4 across Lick Creek Road, and along said City Limits as they were prior to this annexation and the westerly line of the NW 1/4 SE 1/4 of said section 3 to the point of intersection of same with the southerly right-of-way line of Chipmunk Lane; 8. Thence N. 89° 45'09" W.,2572.61 feet through the NE 1/4 SW 1/4 and the NW 1/4 SW 1/4 of section 3, along the southerly right-of-way line of Chipmunk Lane and through the northerly 15 feet more or less of Lots 13, 18, 19, 20, 21,22,23, 24, and 25 of the 19th Holes Estates Subdivision, and along said City Limits as they were prior to this annexation, to the point of intersection of said line with the easterly right-of-way line of Carrico Road; 9. Thence N. 0° 08' 59" E., 50.00 feet along such City Limits, as they were prior to this annexation, across Chipmunk Lane to a point in the northerly right-of-way line of Chipmunk Lane; 10. Thence N. 89° 45' 09" 15.06 feet along such City Limits, as they were prior to this annexation, and said northerly right-of-way line of Chipmunk Lane to the point of intersection of same with the easterly right-of-way line of Carrico Road; 11. Thence N 0° 08'59" E., 1137.78 feetalong said easterly right-of-way line of Carrico Road and the City Limits of the City of McCall, as they were prior to this annexation, to the point of intersection of same with the northerly line of said NW 1/4 SW 1/4, being the point of beginning; Said parcel being annexed contains 78.04 acres,more or less. Ordinance No. 634, June 24, 1993 page 3 of 3 Exhibit "B" List of Street Addresses in Proposed Local Improvement District#4 901 Confier Lane 914 Flynn Lane 947 Strawberry Lane 903 Conifer Lane 916 Flynn Lane 948 Strawberry Lane 904 Conifer Lane 918 Flynn Lane 950 Strawberry Lane 905 Conifer Lane 920 Flynn Lane 952 Strawberry Lane 906 Conifer Lane 922 Flynn Lane 954 Strawberry Lane 907 Conifer Lane 924 Flynn Lane 955 Strawberry Lane 909 Conifer Lane 926 Flynn Lane 956 Strawberry Lane 911 Conifer Lane 927 Flynn Lane 958 Strawberry Lane 912 Conifer Lane 928 Flynn Lane 960 Strawberry Lane 914 Conifer Lane 932 Flynn Lane 962 Strawberry Lane 916 Conifer Lane 933 Flynn Lane 906 Miles Standish Road 918 Conifer Lane 934 Flynn Lane 912 Miles Standish Road 922 Conifer Lane 938 Flynn Lane 901 Chipmunk Lane 924 Conifer Lane 943 Flynn Lane 903 Chipmunk Lane 925 Conifer Lane 947 Flynn Lane 907 Chipmunk Lane 926 Conifer Lane 953 Flynn Lane 909 Chipmunk Lane 928 Conifer Lane 956 Flynn Lane 911 Chipmunk Lane 930 Conifer Lane 901 Strawberry Lane 913 Chipmunk Lane 932 Conifer Lane 902 Strawberry Lane 915 Chipmunk Lane 934 Conifer Lane 903 Strawberry Lane 916 Chipmunk Lane 935 Conifer Lane 904 Strawberry Lane 919 Chipmunk Lane 936 Conifer Lane 905 Strawberry Lane 921 Chipmunk Lane 937 Conifer Lane 906 Strawberry Lane 922 Chipmunk Lane 938 Conifer Lane 907 Strawberry Lane 923 Chipmunk Lane 942 Conifer Lane 908 Strawberry Lane 924 Chipmunk Lane 943 Conifer Lane 909 Strawberry Lane 925 Chipmunk Lane 944 Conifer Lane 910 Strawberry Lane 926 Chipmunk Lane 945 Conifer Lane 911 Strawberry Lane 927 Chipmunk Lane 946 Conifer Lane 912 Strawberry Lane 928 Chipmunk Lane 947 Conifer Lane 913 Strawberry Lane 929 Chipmunk Lane 948 Conifer Lane 914 Strawberry Lane 930 Chipmunk Lane 950 Conifer Lane 915 Strawberry Lane 931 Chipmunk Lane 951 Conifer Lane 916 Strawberry Lane 932 Chipmunk Lane 952 Conifer Lane 917 Strawberry Lane 933 Chipmunk Lane 953 Conifer Lane 919 Strawberry Lane 934 Chipmunk Lane 956 Conifer Lane 920 Strawberry Lane 935 Chipmunk Lane 957 Conifer Lane 921 Strawberry Lane 936 Chipmunk Lane 958 Conifer Lane 923 Strawberry Lane 937 Chipmunk Lane 959 Conifer Lane 924 Strawberry Lane 939 Chipmunk Lane 960 Conifer Lane 925 Strawberry Lane 941 Chipmunk Lane 961 Conifer Lane 927 Strawberry Lane 943 Chipmunk Lane 901 Flynn Lane 929 Strawberry Lane 945 Chipmunk Lane 902 Flynn Lane 930 Strawberry Lane 949 Chipmunk Lane 904 Flynn Lane 931 Strawberry Lane 951 Chipmunk Lane 906 Flynn Lane 936 Strawberry Lane 953 Chipmunk Lane 908 Flynn Lane 937 Strawberry Lane 955 Chipmunk Lane 910 Flynn Lane 940 Strawberry Lane 1809 Carico Road 912 Flynn Lane 943 Strawberry Lane 1901 Carico Road 913 Flynn Lane 944 Strawberry Lane 1905 Carico Road 1969 Carico Road 923 Lick Creek Road 933 Lick Creek Road 935 Lick Creek Road 937 Lick Creek Road 939 Lick Creek Road 941 Lick Creek Road 943 Lick Creek Road 945 Lick Creek Road 947 Lick Creek Road 949 Lick Creek Road 951 Lick Creek Road 953 Lick Creek Road 955 Lick Creek Road 957 Lick Creek Road 1800 Pilgrim Cove Road 1904 Pilgrim Cove Road 1908 Pilgrim Cove Road 1912 Pilgrim Cove Road 1914 Pilgrim Cove Road 1918 Pilgrim Cove Road 1922 Pilgrim Cove Road 1926 Pilgrim Cove Road 1930 Pilgrim Cove Road 1934 Pilgrim Cove Road 1938 Pilgrim Cove Road 1942 Pilgrim Cove Road