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RESOLUTION NO. 2002-10 A RESOLUTION OF INTENTION OF THE CITY OF MOSCOW TO CREATE LOCAL IMPROVEMENT DISTRICT NO. 131; 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 Al'm WHERE PROTESTS MAY BE FILED Al'm 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 L.VfPROVEMENT DISTRICT NO. 131 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 Al'm 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 L.nprovement District No. 131 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 is for the purpose of constructing aggregate base, curbs, sidewalks, driveways, storm drainage, and plant mix pavement surfacing on Adams Street from Lewis to Spotswood. Section 4: The estimated total cost of the proposed project is FIFTY TWO THOUSAl'm SEVEN HUNDRED AND N0/100 DOLLARS ($52,700.00), 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 ---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 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: Monday, the 7'h day of October, 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 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 io the form attached hereto as Exhibit and hereby made a part hereof shall be given as follows: By publication of such notice io 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 mailiog a copy of such notice by the City Clerk to each owner of property, if koown, or his agent, if koown, within the limits of the proposed improvement district, addressed to such person at his post office address, if koown, or if unkoown, 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 (I 0) days before the date of said Hearing. Proof of publication shall be by affidavit of the publisher and proof of mailiog shall be by affidavit of the City Clerk. ADOPTED THIS 19th day of August, 2002. 2 ---PAGE BREAK--- EXHIBIT'A' Beginning at a point on the south right-of-way line of Lewis Street, said point being the northeast comer of Lot Block 7 of the Sunnyside Addition to the City of Moscow, Idaho; thence south 160 feet along the east boundary of said Lot 1, Block 7 (extended), to the northwest comer of Lot 17 of said Block 7; thence east 25 feet along the north boundary of said Lot 17; thence south 140 feet to the north right-of-way line of Spotswood Street; thence west 295 feet along said north right-of-way line to the southwest comer of Lot 7, Block 8 of said Sunnyside Addition; thence north 200 feet along the east right-of-way line of a 20 foot wide alley to the northwest comer of Lot 10 of said Block 8; thence east 70 feet along the north boundary of said Lot 10; thence north !00 feet to the south right-of-way line of Lewis Street; thence east 200 feet along said south right-of-way line to the point of beginning. 3 ---PAGE BREAK--- EXHIBIT NOTICE OF RESOLUTION OF INTENTION AND OF HEARING NOTICE IS HEREBY GIVEN that on the 12'h day of August, 2002, the City Council of the City of Moscow, Idaho adopted Resolution No. 2002-10 declaring the intention of the City Council to create a Local Improvement District No. 131 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 7th day of October, 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 7th day of October, 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, 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 (tbe "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 from Lewis to Spotswood. Section 3: The estimated total cost of the proposed project is FIFTY TWO THOUSAND SEVEN HUNDRED AND N0/100 DOLLARS ($52, 700.00), 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 (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: 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 office of the City Clerk, is hereby made. Christine Bainbridge, City Clerk 4