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RESOLUTION NO. 2002-07 A RESOLUTION OF INTENTION OF TilE CITY OF MOSCOW TO CREATE LOCAL IMPROVEMENT DISTRICT NO. 130; DESCRIBING TilE BOUNDARIES OF THE PROPOSED DISTRICT AND THE PROPERTY PROPOSED TO BE ASSESSED; GENERALLY DESCRIBING TilE IMPROVEMENTS PROPOSED TO BE CONSTRUCTED; STATING THE PERCENTAGE OF THE TOTAL COST WHICH WILL BE PAID BY TilE LEVY OF ASSESSMENTS; DESCRIBING THE METHOD OF ASSESSMENT; STATING TilE 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. 130 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 1: The City hereby determines and states that it is their intention to fonn a local improvement district to be designated Local Improvement District No. 130 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 hereoL Section 3: A general description of the improvements to be constructed (the "Project") is as follows: The project is for the purpose of constructing agøo,>regate base, curbs, sidewalks, driveways, stonn drainage, and plant mix pavement surfacing on Adams Street between Veatch Street and Eighth Street. Section 4: The estimated total cost of the proposed project is ONE HUNDRED FIFTY THREE THOUSAND AND N0/100 DOLLARS ($153,000.00), 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 of the City or from any other source. Any assessment may be increased by not more than TWENTY PERCENT ---PAGE BREAK--- 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 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 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 day of May, 2002, at the hour of 7:30 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 be!(lre tbis 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 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 2 ---PAGE BREAK--- EXHIBIT A Local Improvement District located in the northwest corner of Section 17, Township 39 North, Range 5 West, Boise Meridian, Latah County, Idaho and comprised of the south 130 feet of Lot l, Block 4 of the Sunnyside Addition to the City of Moscow, said plat recorded in Book 2 of Plats, page 24; Lot 18 of said Block 4; the east 80 feet of Lot 8 and the east 80 feet of Lot 9, both in Block 3 of said Sunnyside Addition; Lots l 0 and I I of said Block 3; the east 80 feet of Lot 12 and the east 80 feet of Lot 13, both in said Block 3; the east 70 feet of Lot 12 and east 70 feet of Lot 11, both in Block 8 of said Sunnyside Addition; Lots l 0, 9, 8, and 7 in said Block 8; Lot l of Block 7 of said Sunnyside Addition; Lot 18 of said Block 7; the west 25 feet of Lot 17 of said Block 7; the east 92 feet of Lot 12 of Block 12 of said Sunnyside Addition; the east l 00 feet of Lot l l of said Block 12; Lots 10, 9, 8, and 7 of said Block 12; Lot 18 of Block 13 of said Sunnyside Addition and Lot l of said Block 13; and all the adjacent streets and alleys within the boundary of said L.I.D, with the boundary of said LLD, being more particularly described as follows: Beginning at the southeast corner of Lot 18, Block 4 of said Sunnyside Addition; thence Nmih 300 feet along the east boundary of Lot 18 of said Block 4, crossing the 20 foot wide alley and along the east boundary of Lot l of said Block 4, to the northeast comer of the Edwards/Swett tract as described in Warranty Deed No. 370717 on tile with the Recorder's office of Latah County, Idaho; thence West 210 feet along the south right-otôway line of Eighth Street to the northwest corner of the Egland/Hindman/Metully tract as described in Warranty Deed No, 429209 on file with said Recorder's office; thence South 100 feet to southwest corner of said Eg1and/Hindman!Metully tract; thence West 60 to the northwest corner of Lot I I, Block 3 of said Sunnyside Addition; thence South I 00 feet, along the west boundary of Lot I I and Lot 10 to the southwest corner of Lot I 0 of said Block 3; thence East 60 feet to the northwest corner of the Broekemeier tract as described in Warranty Deed No, 439916 on tile with said Recorder's office; thence South 100 feet along the west boundary of the said Broekemeier tract and the Woolum's tract as described in Warranty Deed No, 351152 on file with said Recorder's office, to the southwest corner of said Woolum's tract; thence in a southeasterly direction, crossing Lewis Street, to the south right-of-way line of Lewis Street; thence South 100 feet along a line that is parallel to and 70 feet west of Adams Street west right-of-way line; thence West 70 feet to the northwest corner of Lot 10, Block 8 of said Sunnyside Addition; thence South 200 feet along the east right-otõway line of a 20 foot wide alley to the southwest corner of Lot 7 of said Block 8; thence East 48 feet along the south boundary of Lot 7 of said Block 8; thence southerly across Spotswood Street to the northwest corner of the Pedersen tract as described in Warranty Deed No. 437234 on tile with said Recorder's office; thence South 50 feet along the west boundary of said tract and parallel to the west Adams Street right-otöway; thence West 8 feet to the northwest comer of the Hatley tract as described in Quitclaim Deed No. 411813 on file with the Recorder's office of said County; thence South 50 feet to southwest corner of said Hatley tract; thence West 40 feet to the northwest comer of Lot 10, Block 12 of said Sunnyside Addition; thence South 200 feet along the east right-a-way line of a 20 foot wide alley, also being the west boundary of Lots 10, 9, 8, and 7, to the southwest corner of Lot 7 of said Block 12 that lies on the north right -of-way line of Veatch Street; thence East 270 feet along the north right-of-way line of Veatch to the southeast comer of Lot 18, Block 13 of said Sunnyside Addition; thence North 300 feet along the east boundary of Lot 18 of said Block 13, crossing the 20 foot wide alley, and along the east boundary of Lot I of said Block 13 to the northeast corner of Lot I of said Block 13 that lies on the south right-of÷way line of Spotswood Street; thence in a northeasterly direction across Spotswood Street to the north right-of way line of Spotswood Street; thence North 140 feet on a line that is l 00 east and parallel to the east Adams Street right-otway line; thence west 25 teet along the south 20 foot wide alley right-of way line of Block 7 of said Sunnyside Addition; thence North 160 teet, crossing the 20 foot wide alley, and along the east boundary of Lot I of said Block 7 to the northeast corner of Lot I of said Block 7; 3 ---PAGE BREAK--- thence in a nm1herly direction 60 feet, crossing Lewis Street, to the southeast corner of Lot 18 of said Block 4 of said Sunnyside Addition, being the point of beginning. 4 ---PAGE BREAK--- EXHIBIT NOTICE OF RESOLUTION OF INTENTION AND OF HEARING NOTICE IS HEREBY GIVEN that on the 15'" day of April, 2002, the City Council of the City of Moscow, Idaho adopted Resolution No. 2002-07 declaring the intention of the City Council to create a Local Improvement District No. 130 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 day of May, 2002 at 5:00 o'clock p.m., and that such protests will be heard, considered, and passed upon by the City Council on the day of May, 2002, at 7:30 o'clock p.m. in the Council Chambers, 206 East Third Street, Moscow, Idaho; and, NOW, THEREFORE, IT IS HEREBY FOUND, DEI'ERMINED 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 constructing aggregate base, curbs, sidewalks, driveways, storm drainage, and plant mix pavement surfacing on Adams Street between Veatch Street and Eighth Street. Section 3: The estimated total cost of the proposed project is ONE HUNDRED FIFTY THREE THOUSAND AND N0/100 DOLLARS ($153,000.00), 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 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 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 is on file in the oftice of the City Clerk, is hereby made. 5