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RESOLUTION NO. 2001-01 A RESOLUTION OF INTENTION OF THE CITY OF MOSCOW TO CREATE LOCAL IMPROVEMENT DISTRICT NO. 128; 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. 128 BE IT RESOLVED by the City Council of the City of Moscow as follows WHEREAS, the City of Moscow, of Latah County, Idabo, (the "City") is a municipal corporation of the State of Idabo operating and existing under and pursuant to Idabo 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 1: The City hereby determines and states that it intends to form a local improvement district to be designated Local Improvement District No. 128 to make the improvements as hereinafter set forth. Section 2: The boundaries of the proposed improvement district and of the properties to be assessed arc 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 is for the purpose of construction of earthwork, aggregate base. curbs, sidewalks, retaining walls, steps, driveways, and plant mix pavement surfacing on Street between Licuallcn Street and Lilly Street Section 4: The estimated total cost of the proposed project is TWENTY FOUR THOUSAND, THREE HUNDRED EIGHTY-FIVE AND 45/100 DOLLARS ($24,38545), 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 2001 30 I February 5, 200 I Page I of4 ---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: Tuesday, the 20th day of February, 2001 at the hour of 7:35 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 knovvn, 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. O"nership 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 maili , shall be by affidavit of the City Clerk. / ADOPTED THIS 5th day of February 2001. / stine inbridge, City Clerk j Resolution 200 1·0 I February 5, 2001 Page 2 of4 ---PAGE BREAK--- EXHIBIT "A Beginning at the southwest corner of the Street and Lieuallen Street intersection; said point being situated in the southeast quarter of Section 7, T.39 R5W B.M. and also being the northeast corner of Lot 22, Block 6 of Lieuallen's Fourth Addition to the City of Moscow, Latah County. Idaho; thence north 60 feet across Street to the north right-of-way line of Street and the southwest corner of Lot 6 Block 2 of said Highland View Addition; thence north 160 feet along the west line of Lot 6 Block 2 to the northwest corner of Lot 6 Block 2; said corner being on the south right-of-way of Residence Street; thence east 20 I feet along the south right-of-way of Residence Street to a point cast 31 feet of the northwest corner of Lot 3 Block 2 of Highland View Addition; thence south 160' feet along a line parallel to the west line of said Lot 3 to a point on the north right-of-way line of Street; said point also being the southwest corner of Lot 2 Block 2 of Highland View Addition; thence south 60 feet across Street to the sonth right-of-way line of Street and the northwest corner of Lot 18 Block 5 of Lieuallen's Fourth Addition; said corner also being on the east line of a 16 foot alley; thence south 55 feet along the west line of said Lot 18 and the east line of said alley to a point north 5 feet of the southwest corner of said Lot 18 Block 5; thence west 16 feet across said alley to a point on the west line of the alley; said point being sonth 15 feet of the northeast comer of Lot 2 Block 5 ofLieuallen's Fourth Addition; thence south 5 feet along the west line of said alley; thence west 185 feet along a line parallel to the south line of said Lot 2 and across Lieuallen Street to a point on the west right-of-way line of Lieuallen Street, said point being south 20 feet of the southeast comer of Lot 22 Block 6 of said Lieuallen's Fourth Addition; thence north 60 feet along the west right-of-way of Lieuallen Street to the southeast corner of the and Lieuallen Street intersection and the POINT OF BEGINNING. Resolution 200 l )0 l February 5, 200 l Page 3 of4 ---PAGE BREAK--- EXHIBIT NOTICE OF RESOLUTION OF INTENTION AND OF HEARING NOTICE IS HEREBY GIVEN that on the 5th day of February, 200 I the City Council of the City of Moscow, Idaho adopted Resolution No. 2001-0 I declaring the intention of the City Council to create a Local Improvement District No. 128 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 20th day of February, 2001 at 5:00 o'clock p.m., and that such protests will be heard, considered, and passed upon by the City Council on the 20th day of February, 200 I at 7 35 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 is for the purpose of of earthwork, aggregate base, curbs, sidewalks, retaining walls, steps, driveways, and plant mix pavement surfacing on Street between Lieuallen Street and Lilly Street. Section 3: The estimated total cost of the proposed project is TWENTY FOUR THOUSAND, THREE HUNDRED EIGHTY-FIVE AND 45/!00 DOLLARS ($24,38545), 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 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 wÈll 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. REFERENCE TO SAID RESOLUTION, which . on file in the office of the City Clerk, is hereby made. Resolution 200 I February 5, 200 I Page 4 of4