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RESOLUTION NO. 93-07 A RESOLUTION OF INTENTION OF THE CITY OF MOSCOW TO CREATE LOCAL IMPROVEMENT DISTRICT NO. 116; 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. 116 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 city 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 City has received a petition signed by not less than sixty percent ( 60%) of the resident property 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 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 form a local improvement district to be designated Local Improvement District No. 116 to make the improvements as hereinafter set forth. ---PAGE BREAK--- 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: Work to include construction of aggregate base, asphalt surfacing, curbs and sidewalks, and drainage. Section 4: The estimated total cost of the proposed project is $72,021.00 (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 20%. 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 construction and sidewalk costs will be assessed the owners of each lot 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 that property owner. It is the opJ.m.on 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 12th day of July, 1993, at the hour of 8:00 o'clock p. m. in the Council Chambers at the Old Post Off ice 1 3rd & washington Streets 1 Moscow 1 Idaho 1 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 ---PAGE BREAK--- 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 21st day of June, 1993. Paul c. Ag, Mayor ---PAGE BREAK--- EXHIBIT NOTICE OF RESOLUTION OF INTENTION AND OF HEARING NOTICE IS HEREBY GIVEN that on the 21st day of June 1993, the City Council of the City of Moscow, Idaho adopted Resolution No. 93-07 declaring the intention of the city Council to create a Local Improvement District No. 116 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 12th day of July, 1993 at 5:00 o'clock p.m., and that such protests will be heard, considered, and passed upon by the City Council on the 12th day of July, 1993 at 8:00 o'clock p.m. in the Council Chambers at the Old Post Office, 3rd & Washington Streets, City of Moscow, Idaho; and, NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED AND ORDERED as follows: section l: 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 and sidewalks, and drainage. section 3: The estimated total cost of the proposed project is $ 72, 021. oo, ( 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 20%. 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: ---PAGE BREAK--- All street. related construction and s.tdewalk costs will be assessed the owners of each lot 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 that property owner. It is the op1n1on 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. . tft1i:? i{;seu: " cft;!iierk ---PAGE BREAK--- EXHIBIT LOCAL IMPROVEMENT DISTRICT 116 Beginning at the northwest corner of Lot 14, Block 8 of the Replat of Moores Addition to the City of Moscow, Latah County, Idaho; thence south, along the east right-of-way line of Jefferson Street, 240 feet to the northwest corner of Lot 20, Block 8 of said Replat of Moores Addition; thence N 89 53'E along the north line of Lot 20, Block 8, 148 feet to a point on the west line of a 20 foot vacated alley; thence south along the west line of said alley, 160 feet to the southeast corner of Lot 3, Block 8 of the Replat of Moores Addition, said corner also being on the north right of-way line of Street; thence N89 53'E along the north right-of-way line of Street, 273 feet to the southeast corner of Lot 1, Block 7 of the said Replat of Moores Addition; thence north along the east line of said Lot 1, Block 7, 120 feet to a point on the south line of Lot 20, of said Block 7; thence N89 53'E along the south line of said Lot 20, 90 feet to the southeast corner of Lot 20, said corner also being on the west right-of-way line of a 20 foot alley; thence north along the west line of said alley, 200 feet to the northeast corner of Lot 16, Block 7 of the Replat of Moores Addition; thence S89 53'W along the north line of said Lot 16, 62. 5 feet; thence north, parallel to and 72. 5 feet distant from the east right-of-way line of Adams Street, 80 feet to a point on the south right-of-way line of Morton Street; thence S89 53 'W along the south right-of-way line of Morton Street, 448. 5 feet to the point of beginning.