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RESOLUTION NO. 2002-16 A RESOLUTION OF INTENTION OF THE CITY OF MOSCOW TO CREATE LOCAL IMPROVEMENT DISTRICT NO. 132; 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. 132 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 thereinafler described be constructed; NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED AND ORDERED AS FOLLOWS: Section 1: The City hereby detem1ines and states that it is their intention to fonn a local improvement district to be designated Local Improvement District No. 132 to make the improvements as hereinafler 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 construction of grading, aggregate base, curbs, sidewalks, driveways, storm drainage, and plant mix pavement on Adams Street and V catch Street. Section 4: The estimated total cost of the proposed project is ONE HUNDRED FOUR THOUSAND, THREE HUNDRED AND N0/100 DOLLARS ($104,300.00), 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 tinds 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 Jots 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 Jot in the district. Any individual work which specifically benefits a particular Jot 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 Jaw. Section 6: Monday, the day of December, 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 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 detennined 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 JS'h day of November, 2002. 2 ---PAGE BREAK--- EXHlBIT'A' A Local Improvement District located in the Sunnyside Addition to the City of Moscow, the plat of which being recorded in Book 2 of Plats, page 24, and lying in the northwest comer of Section 17, Township 39 North, Range 5 West, Boise Meridian, Latah County, Idaho and comprised of the following Lots: the east 92 feet of Lot 12, Block 12; the east 100 feet of Lot 11 of said Block 12; Lots 5, 6, 7, 8, 9, and 10 of said Block 12; Lots 1 and 18 of Block 13; those portions of Lots 1, 7, 8, and 9 of Block 17 lying north of the northerly right-of-way line of State Highway 8; and all dedicated street and alley rights-of-way, including those previously vacated, lying within the boundary of said LI.D., and with said boundary being more particularly described as follows: Beginning at the southeast comer of Lot 18, Block 13; thence West 50 feet along the north right-of way line of Veatch Street to the southwest comer of said Lot 18; Thence South 60 feet to the south right-otÈway line of Veatch Street; thence West 80 feet to the west right-of-way line of Adams Street; thence South 150 feet along said west right-of-way line to the north right-of-way line of State Highway 8; thence northwesterly along said right-of-way line to the south right-otÉway line of Veatch Street; thence Northwesterly to the southwest comer of Block 12; thence North 100 feet along the east right-of-way line of Jefferson Street to the northwest comer of Lot 5, Block 12; thence East along the north boundary of said Lot 5 extended to the southwest comer of Lot 9, Block 12; thence North I 00 feet along the west boundary of Lots 9 and 10, Block 12; thence East 40 feet along the south boundary of Lot 11, Block 12 to the southwest comer of the Hatley tract as described in Quitclaim Deed No. 411813 on file with the Recorder's office of said County; thence North 50 feet along the west boundary of said Hatley tract, parallel with and 100 feet westerly of the east boundary of Lot 11, Block 12; thence East 8 feet along the north boundary of said Lot 11 to the southwest comer of the Pederson tract as described in Warranty Deed No. 437234 on file with said Recorder's office; thence North 50 feet along the west boundary of said tract, parallel with and 92 feet westerly of the east boundary of Lot 12, Block 12, to the north boundary of said Lot 12; thence East 222 feet along said north boundary and along the south right-of-way line of Spotswood Street to the northeast comer of Lot 1, Block 13; thence South 300 feet along the east boundary of said Lot I, Block 13, and along the east boundary of Lot 18 of said Block 13 to the point of beginning. 3 ---PAGE BREAK--- EXHJBIT NOTICE OF RESOLUTION OF INTENTION AND OF HEARING NOTICE IS HEREBY GIVEN that on the l81h day of November, 2002, the City Council of the City of Moscow, Idaho adopted Resolution No. 2002-16 declaring the intention of the City Conncil to create a Local Improvement District No. 132 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 2"d day of December, 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 December, 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 l: 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 construction of grading, aggregate base, curbs, sidewalks, driveways, storm drainage, and plant mix pavement on Adams Street and V catch Street. Section 3: The estimated total cost of the proposed project is ONE HUNDRED FOUR THOUSAND, THREE HUNDRED AND N0/100 DOLLARS ($104,300.00), 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 otber 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 snch 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