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RESOLUTION NO. 2009ă 15 A RESOLUTION OF INTENTION OF THE CITY OF MOSCOW TO CREATE LOCAL IMPROVEMENT DISTRICT NO. 135; DESCRIBING THE BOUNDARIES OF THE PROPOSED DISTRICT AND THE PROPERTY PROPOSED TO BE ASSESSED; GENERALLY DESCRIBING THE IMPROVEMENTS PROPOSED TO BE CONSTRUCTED; STATING THE PERCENT AGE 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. 135 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 hereinafter described be constructed; NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED AND ORDERED AS FOLLOWS: Section 1: The City hereby determines and states that it is their intention to fom1 a local improvement district to be designated Local Improvement District No. 135 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 hereby made a part hereof. Section 3: A general description of the improvements to be constructed (the "Project") is as follows: The "Project" shall consist of installation of a waterline, fire hydrants, valves, and water service lines on North Polk Street. Section 4: The estimated total cost of the proposed project is EIGHTY-NINE THOUSAND SIX HUNDRED THIRTY DOLLARS ($89,630), 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. No assessment may be increased by more than TWENTY PERCENT (20%) without holding a separate public hearing to do so. Section 5: The Council finds that all of the expenses of the Project are of special benefit and that all of the expense 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 ---PAGE BREAK--- 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 waterline related construction 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 61h day of July, 2009, at the hour of 7:00 o'clock p.m. in the Council Chambers at City Hall, 206 East 3rd 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 (1 0) 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 151h day of June, 2009. 2 ---PAGE BREAK--- EXHIBIT LEGAL DESCRIPTION FOR NORTH POLK STREET WATERLINE L.LD. No. 135 A Local Improvement District boundary encompassing property located in the south Yz of the northwest quarter, and the north 1f2 of the southwest quarter of Section 5, Township 39 North, Range 5 West, Boise Meridian, Latah County, Idaho, and more particularly described as follows: Commencing at the southwest comer of the northwest quarter of said Section 5; thence N89°46'00"E 948.66 feet, along the south line of said northwest quarter, to the northwest comer of the Berry tract as described in Warranty Deed No. 384145 on file with the Recorder's office of said County, and the TRUE POINT OF BEGINNING; thence along the north boundary of said Berry tract, N89°46'00"E 362.57 feet; thence leaving said boundary, North 75.00 feet, along the current City of Moscow corporate bounda1y; thence continuing along said corporate boundary, N89°46'00"E 92.14 feet, parallel with said south line of the northwest qum1er of Section 5, to a point in the center of Polk Street and on the easterly boundary of the Germer tract as described in Warranty Deed No.369197 on file with said Recorder's office; thence NOl 000'00"E 125.03 feet, along the westerly boundaty of the Deleve tract as described in Warranty Deed No.461339 on file with said Recorder's office; thence leaving said westerly boundary, N89°46'00"E 229.43 feet, along said City of Moscow corporate boundary; thence South 200.00 feet, along said corporate boundary, to said south line of the northwest qumier of Section 5; thence along said south line, N89°46'00"E 1010.80 feet to the southeast corner of the northwest quarter of said Section 5; thence S00°03 'OO"E 651.66 feet, along the east line of the southwest quarter of said Section 5 to the southeast comer of the Largent tract described in Deed No.457023 on file with said Recorder's office; thence S89°59'00''W 924.44 feet, along the south boundary of said Largent tract, to a point in the center of Polk Street, said point being the southeast corner of said Berry tract; thence S89°59'30"W 762.00 feet, along the south boundmy of said Berry tract; thence N00°59' 53"W 645.23 feet, along the west boundary of said tract to the TRUE POINT OF BEGINNING. 3 ---PAGE BREAK--- EXHIBIT NOTICE OF RESOLUTION OF INTENTION AND OF HEARING NOTICE IS HEREBY GIVEN that on the 15th day of June, 2009, the City Council of the City of Moscow, Idaho adopted Resolution No. 2009-15 declaring the intention of the City Council to create a Local Improvement District No.l35 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 6111 day of July, 2009 at 5:00 o'clock p.m., and that such protests will be heard, considered, and passed upon by the City Council on the 6th day of July, 2009, at 7:00 o'clock p.m. in the Council Chambers, 206 East Third Street, 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 hereby 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 installation of a waterline, fire hydrants, valves, and water service lines in North Polk Street. Section 3: The estimated total cost of the proposed project is EIGHTY-NINE THOUSAND SIX HUNDRED THIRTY DOLLARS ($89,630), 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. No assessment may be increased by more than TWENTY PERCENT (20%) without holding a separate public hearing to do so. Section 4: The Council finds that all of the expenses of the Project are of special benefit and that all of the expense 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 waterline related construction 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 is on file in the office of the City Clerk, is hereby made. Stephanie Kalasz, City Clerk 4