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RESOLUTION NO. 2004-06 A RESOLUTION OF INTENTION OF THE CITY OF MOSCOW TO CREATE LOCAL IMPROVEMENT DISTRICT NO.l33; 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. 133 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 foru1ed and the proposed improvements as thereinafter described be constructed; NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED AND ORDERED AS FOLLOWS: Section I: The City hereby determines and states that it is their intention to form a local improvement district to be designated Local Improvement District No. 133 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 grading and plant mix pavement; construction of curbs, sidewalks, driveways, and stonn drainage, on Boyde Avenue. Section 4: The estimated total cost of the proposed project is FIFTY TWO THOUSAND EIGHT HUNDRED AND EIGHTEEN DOLLARS ($52,818.00), 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 19'• day of April, 2004, at the honr 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 tbe 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 15th day of March, 2004. 2 ---PAGE BREAK--- EXHIBIT'A' LEGAL DESCRIPTION FOR BOYDE AVENUE LI.D. 2004 A Local Improvement District comprised of a portion of the Re-Piat of Blocks One and Two and Lots One thru Six of Block Three of the Alma B. Pope Addition to the City of Moscow, Latah County, Idaho, said plat recorded in Book 5 of Plats, page 30, with said Local Improvement District including Lots 1 through 6 of Block Two, Lots 1 through 5 of Block 3, and Boyde Avenue, and the boundary of said Local Improvement District being more particularly described as follows: Beginning at the northwest corner of said Lot 1, Block 2; thence S88°55'E 368.95 feet along the north boundaries of Lots 1 through 5 of said Block 2 to the northeast corner of said Lot 5, Block 2; thence South 107.89 feet to the southeast corner of said Lot 5; thence southeasterly to the northeast corner of said Lot 1, Block 3; thence southeasterly 161.0 feet along the easterly boundary of said Lot 1 to the southeast corner of said Lot 1, Block 3; thence S87"00"W 533.4 feet along the south boundary of said Block 3 to the southwest corner of said Lot 5, Block 3; thence N00°08'E 62.0 feet along the west boundary of said Re-Piat; thence continuing along said west boundary, N00°04'E 241.60 feet to the point of beginning. 3 ---PAGE BREAK--- EXHIBIT NOTICE OF RESOLUTION OF INTENTION AND OF HEARING NOTICE IS HEREBY GIVEN that on the 15'" day of March, 2004, the City Council of the City of Moscow, Idaho adopted Resolution No. 2004-06 declaring the intention of the City Council to create a Local Improvement District No. 133 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 16th day of April, 2004 at 5:00 o'clock p.m., and that such protests will be heard, considered, and passed upon by the City Council on the 19th day of April, 2004, 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 grading and plant mix pavement; construction of curbs, sidewalks, driveways and storm drainage on Boyde Avenue. Section 3: The estimated total cost of the proposed project is FIFTY TWO THOUSAND EIGHT HUNDRED AND EIGHTEEN DOLLARS ($52,818.00), 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 benet1ts 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 fhe office of the City Clerk, is hereby made. / 4