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RESOLUTION NO. 92-11 A RESOLUTION OF INTENTION OF THE CITY OF MOSCOW, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO TO CREATE LOCAL IMPROVEMENT DISTRICT NO. 115; 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 AJ.'ID PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO. CITY OF MOSCOW LATAH COUNTY, IDAHO LOCAL IMPROVEMENT DISTRICT NO. 115 BE IT RESOLVED by the City Council of the City of Moscow as follows: WHEREAS, the City of Moscow, is municipal corporation of the State of Idaho, located within Latah County (hereinafter referred to as the "City") is a city operating and existing under and pursuant to Title 50 of the Idaho Code, and as such is authorized and empowered to create local improvement districts and to construct improvements pursuant to Title 50, Chapter 17 of the Idaho Code; WHEREAS, the City has received a petition signed by not less than sixty percent ( 60%) of the resident owners of property subject to assessment within the boundaries of the proposed local improvement district, requesting the formation of such local improvement district; WHEREAS the City 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 a local improvement district be formed and the proposed improvements as hereinafter described be constructed; NOW THEREFORE, IT IS HEREBY FOUND, DETERMIN'ED AND ORDERED AS FOLLOWS ---PAGE BREAK--- SECTION 1: The City Council hereby determines and states that it is their intention to form a local improvement district to be designated Local Improvement District No. 115 to make the improvements as hereinafter set forth. SECTION 2: The boundaries of the proposed local improvement district and of the properties to be assessed are described in Exhibit attached hereto and incorporated by this reference to this resolution. SECTION 3: A general description of the improvements to be constructed (hereinafter referred to as the "Project") is as follows: Work to include construction of aggregate base, asphalt surfacing, curbs, sidewalks and drainage. SECTION 4: The estimated total cost of the proposed project is $14,47179, approximately 81.5% of which will be paid for by the levy of assessments on the property benefited from the improvements and located within the boundary of the district. The City shall pay 18.5% of the project for replacement of now existing curb and gutter which must be removed prior to initiating work on the project. Any assessment may be increased by not more than 20%. SECTION 5: The City Council finds that 81.5% of the expenses of the project are of special benefit and that 8 L 5% 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 the owners of each Jot located within the boundaries of the local improvement district according to a front foot method. Any individual work which specifically benefits a particular lot will be paid by the property owner. It is the opinion of the City Council that this method of assessment is equitable and reasonably based on benefits derived by each parcel from such improvements; however, the City Council reserves the right to assess or re-assess said properties according to law. SECTION 6: Monday, the 20th day of July, 1992, at the hour of 8:30 o'clock, p.m., in the Council Chambers at City Hall, 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 any protests said owners have to the creation of Local Improvement District No. 115 or other objections in relation thereto, which protests and objections must be made in writing and filed with the Clerk of the City prior to said time, and which is the time and place when and where the Council will consider creating the proposed improvement district and constructing the proposed improvements. ---PAGE BREAK--- SECTION 7: Notice of hearing in substantially the form attached hereto as Exhibit and incorporated by this reference to this resolution shall be given as follows: By publication of such notice in the Idahonian/Daily News, a daily newspaper of general circulation within 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 boundaries of the proposed local improvement district, addressed to such person at his post office address, if know, or if unknown, to the post office located 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 prior to 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 6th day of July, 1992. ATTEST: / L k/ j " Elaine Russell, City Clerk Paul C. Agidius, M yor ---PAGE BREAK--- EXHIBIT LOCAL IMPROVEMENT DISTRICT 115 Beginning at the southwest corner of Lot 7, Block 4, of McGregor's Addition to the City of Moscow, Latah County, Idaho; thence east along the north right-of-way line of Eighth Street, 318.0 feet to a point, said point being 83.0 feet east of the southwest corner of Lot 6, Block 4 of McGregor's Second Addition to the City of Moscow; thence north, along a line parallel to and 83.0 feet east of the east right-of-way line of Adams Street, 50 feet; thence west along the north line of said Lot 6, 83 feet to the northwest corner of Lot 6; thence west on an extension of the north line of Lot 6, Block 4 of McGregor's Second Addition, 45 feet to a point, said point being on the apparent centerline of Adams Street; thence north along the apparent centerline of Adams Street, 75 feet; thence east, 45 feet to a point on the east right-of-way line of Adams Street, said point being 25 feet north of the southwest corner of Lot 4, Block 4 of McGregor's Second Addition; thence east along a line parallel to and 25 feet north of the south line of said Lot 4, 83 feet; thence south along a line parallel to and 83 feet east of the east right-of way line of Adams Street, 5 feet to a point, said point being 20 feet north of the south line of said Lot 4, Block 4; thence east along a line parallel to and 20 feet north of the south line of said Lot 4, 65 feet to a point on the west right-of-way line of a platted 20 foot alley; thence north along said right-of-way line, 105 feet to a point, said point being 25 feet north of the southeast corner of Lot 2, Block 4 of McGregor's Second Addition to the City of Moscow; thence west along a line parallel to and 25 feet north of the south line of said Lot 2, 60 feet; thence north along a line parallel to and 60 feet west of the west right-of-way line of said platted 20 foot alley, 75 feet"to a point on the south right of-way line of Seventh Street; thence west along the said south line of Seventh Street, 88 feet to the northwest corner of Lot I, Block 4 of McGregor's Second Addition to the City of Moscow; thence west along a projected line of said south right-of-way, 45 feet to the apparent centerline of Adams Street; thence south along said centerline of Adams Street, 200 feet to a point, said point being 35 feet east of the northeast corner of Lot 8, Block 4 of McGregor's Addition to the City of Moscow; thence west along a projection of the north line of said Lot 8, 35 feet to the northeast corner of said Lot 8; thence west along the north line of said Lot 8, 155 feet to a point on the east right-of-way line of a platted 20 foot alley; thence south along said right-of-way line, 100 feet to the point of beginning. ---PAGE BREAK--- EXHIBIT NOTICE OF RESOLUTION OF INTENTION AND OF HEARING NOTICE IS HEREBY GIVEN that on the 6th day of July, 1992, the City Council of the City of Moscow, Idaho adopted Resolution No. 92-11 declaring the intention of the City Council to create a Local Improvement District No. 115 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 July, 1992 at 5:00 o'clock p.m., and that such protest will be heard, considered, and passed upon by the City Council on the 20th day of July, 1992 at 8:30 o'clock p.m. at the City Hall in the City of Moscow, Idaho; and, NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED AND ORDERED as follows: section 1: district and of in Exhibit hereof. The boundaries of the proposed improvement the properties to be assessed are described attached hereto and hereby made a part section 2: A general description of the improvements to be constructed (the "Project") is as follows: Work to include construction of aggregate base, asphalt surfacing, curbs, sidewalks and drainage. Section 3: The estimated total cost of the proposed project is $14,471.79, 81.5% of which will be paid for by the levy of assessments on the property benefited from the improvements and located within the boundary of the district. The City shall pay 18.5% of the project for replacement of now existing curb and gutter which must be removed prior to initiating work on the project. Any assessment may be increased by not more than 20%. section 4: The City Council finds that 81.5% of the expenses of the project are of special benefit and that 81. 5% 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: ---PAGE BREAK--- All street related construction and sidewalk costs will be divided equally between the owners of each lot located within the boundaries of the local improvement district. Any individual work which specifically benefits a particular lot will be paid by the property owner. It is the opinion of the City Council that this method of assessment is equitable and reasonably based on benefits derived by each parcel from such improvements; however, the City Council reserves the right to assess or re-assess said properties according to law. All street related construction and sidewalk costs will be divided equally between the owners of 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 reassess said properties according to law. REFERENCE TO SAID RESOLUTION, which is on file in the office of the City Clerk is hereby made.