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RESOLUTION NO. 99-09 A RESOLUTION OF INTENTION OF THE CITY OF MOSCOW TO CREATE LOCAL IMPROVEMENT DISTRICT NO. 126; DESCRIBING THE BOUNDARIES OF THE PROPOSED DISTRICT AND THE PROPERTY PROPOSED TO BE ASSESSED; GENERALLy DESCRIBING THE IMPROVEMENTS PROPOSED TO BE CONSTRUCTED; STATING THE PERCENTAGE OF THE TOTAL COST WHICH WILL BE PAID BY THE LEVY OF ASSESSMENTS; 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 AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO. CITY OF MOSCOW LATAH COUNTY, IDAHO LOCAL IMPROVEMENT DISTRICT NO. 126 BE IT RESOLVED by the City Council of the City of Moscow as follows: WHEREAS, the City of Moscow, of Latah County, Idaho, (the "City") is a municipal corporation of the State of Idaho operating and existing under and pursuant to Idaho Code, Title 50, and as such is authorized and empowered to create local improvement districts and to construct improvements pursuant to Idaho Code, Title 50, Chapter 17; 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 area and in the best interest of the City and the citizens thereof that a local improvement district be formed and the proposed improvements as thereinafter described be constructed; NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED AND ORDERED AS FOLLOWS: Section The City hereby determines and states that it intends to form a local improvement district to be designated Local Improvement District No. 126 to make the improvements as hereinafter set forth. Section 2: The boundaries of the proposed improvement district and of the properties to be assessed are described in Exhibit attached hereto and made a part hereof. Section 3: A general description of the improvements to be constructed (the "Project") is as follows: The project consists of improvements of curbs, sidewalks, base and surfacing to the Street and Lieuallen Street intersection. Section 4: The estimated total cost of the proposed project is FORTY -ONE THOUSAND, EIGHT HUNDRED EIGHTY-EIGHT AND N0/100 DOLLARS ($41,888.00), ONE HUNDRED PERCENT (100%) of which will be paid for by the levy of assessments on the property benefited. None of such costs and expenses will be paid from the general funds of the City or from any other source. Any assessment may be increased by not more than TWENTY PERCENT (20% Resolution 99-09 May 17, 1999 Page 1 of 5 ---PAGE BREAK--- Section 5: The Council finds that all of the expenses of the Project are of special benefit and that all of the expenses shall be defrayed by special assessments. The costs and expenses of the Project will be assessed against the abutting, adjoining and adjacent lots and lands along or upon which such improvements are to be made and upon lots and lands benefited by such improvements and included in the district to be created as follows: All street-related construction and sidewalk costs will be assessed in proportion to the benefits derived by each lot in the district. Any individual work which specifically benefits a particular lot will be paid by that property owner. It is the opinion of the Council that this method of assessment is equitable and reasonably based on benefits each parcel shall derive from the improvements; however, the Council reserves the right to assess or re-assess said properties according to law. Section 6: Monday, the 21st day of June, 1999, at the hour of 8:00 o'clock p.m. in the Council Chambers at the City Hall, 206 East Third Street, Moscow, Idaho, is hereby fixed as the time and place when and where the owners of the property proposed to be assessed may appear before this Council and be heard as to the propriety and advisability of acquiring and improving the Project, and which is the time and place when and where the Council will consider creating the proposed improvement district and constructing the proposed 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 and hereby made a part hereof shall be given as follows: By publication of such notice in the Daily News, a daily newspaper of general circulation with the City and the official newspaper thereof, which Notice shall be published in three consecutive issues thereof. By mailing a copy of such notice by the City Clerk to each owner of property, if known, or his agent, if known, within the limits of the proposed improvement district, addressed to such person at his post office address, if known, or if unknown, to the post office in Moscow, Idaho. Ownership shall be determined as of the date of the adoption of this Resolution. Said Notice of 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. ADOPTED THIS 17th day of May, 1999. Resolution 99-09 May 17,1999 Page 2 of 5 ---PAGE BREAK--- EXHIBI T" A" Beginning at the southeast comer of the Street and Cherry Street intersection; said point being situated in the southeast quarter of Section 7, T.39 N, R5W B.M. and also being the northwest comer of Lot 1, Block 6 of Highland View Addition to the City of Moscow, Latah County, Idaho; thence south 50 feet along the east line of Cherry Street tu the southwest comer of said Lot 1; thence east 133 feet along the south line of Lot 1 to the centerline of a 16 foot wide north- south alley; thence north 10 feet along the centerline of said alley; thence east 8 feet to the southwest comer of Lot 22, Block 5 ofLieuallen's Fourth Addition to the City of Moscow; thence east 125 feet along the south line of said Lot 22 to the southeast comer of said Lot 22, said comer also being on the west line of Lieuallen Street; thence north along the west line of Lieuallen Street to the northeast comer of said Lot 22, said comer also being on the south line of C Street; thence north 60 feet across C Street to a point on the north line ofC Street, said point also being the southeast comer of Lot 7, Block 2 of Highland View Addition; thence north I 00 feet along the east line of said Lot 7 to the northeast comer of said Lot 7; thence west 125 feet along the north line of said Lot 7 to the northwest comer of Lot 7; thence north 60 feet; thence west 66 feet; thence south 70 feet; thence west 75 feet to a point on the east line of Cherry Street; thence south along said east line to the northeast comer of the Cherry Street and C Street intersection, said comer also being the southwest corner of Lot 10, Block 2 of Highland View Addition; thence south 60 feet across C Street to the southeast comer of the C Street and Cherry Street intersection and THE POINT OF BEGINNING. Rt'SOluhon 99-09 May 17, 1999 Pagt>3of5 ---PAGE BREAK--- EXHIBIT NOTICE OF RESOLUTION OF INTENTION AND OF HEARING NOTICE IS HEREBY GIVEN that on the 17h day of May, 1999, the City Council of the City of Moscow, Idaho adopted Resolution No. 99-_ declaring the intention of the City Council to create a Local Improvement District No. 126 in the City of Moscow, Idaho; and, NOTICE IS FURTHER GIVEN that the time within which protests may be filed in writing at the office of the City Clerk against said proposed improvements or against the creation of said District has been fixed as the 21st day of June, 1999 at 5:00 o'clock p.m., and that such protests will be heard, considered, and passed upon by the City Council on the 21st day of June, 1999 at 8:00 o'clock p.m. in the Council Chambers, 206 East Third Street, City of Moscow, Idaho; and, NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED AND ORDERED as follows: Section 1: The boundaries of the proposed improvement district and of the properties to be assessed are described in Exhibit attached hereto and made a part hereof. Section 2: A general description of the improvements to be constructed (the "Project") is as follows: The project consists of improvements of curbs, sidewalks, base and surfacing to the Street and Lieuallen Street intersection. Section 3: The estimated total cost of the proposed project is FORTY-ONE THOUSAND, EIGHT HUNDRED EIGHTY-EIGHT AND N0/100 DOLLARS ($41,888.00), ONE HUNDRED PERCENT (100%) of which will be paid for by the levy of assessments on the property benefited. None of such costs and expenses will be paid from the general funds of the City or from any other source. Any assessment may be increased by not more than TWENTY PERCENT (20% Section 4: The Council finds that all of the expenses of the Project are of special benefit and that all of the expenses shall be defrayed by special assessments. The costs and expenses of the Project will be assessed against the abutting, adjoining and adjacent lots and lands along or upon which such improvements are to be made and upon lots and lands benefited by such improvements and included in the district to be created as follows: All street related construction and sidewalk costs will be assessed in proportion to the benefits derived by each lot in the district. Any individual work which specifically benefits a particular lot will be paid by that property owner. It is the opinion of the Council that this method of assessment is equitable and reasonably based on benefits each parcel shall derive from the improvements; however, the Council reserves the right to assess or re-assess said properties according to law. Resolution 99-09 May 17,1999 Page 4 of 5 ---PAGE BREAK--- REFERENCE TO SAID RESOLUTION, which is on file in the office of the City Clerk, is hereby made. Gilbert F. Myers, City Clerk Resolution 99-09 May 17.1999 Page 5 of 5