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RESOLUTION NO. 91-13 A RESOLUTION OF INTENTION OF THE CITY OF MOSCOW TO CREATE LOCAL IMPROVEMENT DISTRICT NO. 113; 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. 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 Council is of the op1n1on 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, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOSCOW, IDAHO, 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. 113 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. The Council of the City is of the opinion that said description is sufficient so as to inform the owners of the subject property that is proposed to be assessed. Section 3: A general description of the improvements to be constructed (the 'Project') is as follows: Furnishing all materials, labor and equipment necessary to remove existing asphalt, excavate and fill as required, furnish new base rock as required, adjust underground utilities, construct concrete curb and sidewalk, place asphalt pavement, construct other right-of-way improvements, and purchase right-of-way as necessary on Styner Avenue, ---PAGE BREAK--- together with related improvements and costs and expenses of engineering, legal services, bond issuance costs, reserves, and other related expenses. Section 4: The estimated total cost of the proposed project is $493,650 (74%) of which will be paid for by the levy of assessments on the property benefited. Twenty-six percent (2m%) of such costs and expenses will be paid from the street funds of the city. 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 79% 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 according to a benefits derived method of assessment determined as follows: 40% of the costs shall be assessed according to a front foot method; 25% of the costs shall be assessed according to an undeveloped square foot method; 35% of the costs shall be on the basis of the number of living units. 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 under a benefits derived method of assessment. The Council finds that the special benefits resulting from the improvements extend beyond the boundaries of the property abutting the improvements and declare this to be an enlarged district pursuant to I.e. 50-1705. Section 6: Monday, the 5th day of August, 1991, at the hour of 8:00 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 the propriety and advisability of constructing 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. ---PAGE BREAK--- 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 Idahonian, 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, 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 8th day of July, 1991. Paul c. Agidl:S/MaYOr ATTEST: Elaine Russell, City Clerk ---PAGE BREAK--- EXHIBIT DESCRIPTION FOR STYNER AVENUE L.I.D. Beginning at a point on the latitudinal centerline of Section 17, Township 39 North, Range 5 West, Boise Meridian, said point being on the easterly right-of way line of U.S. Highway 95; thence easterly, along said latitudinal centerline, to the point of intersection with the southerly right-of-way line of the Burlington Northern Railroad; thence southeasterly, along said railroad right-of-way, to the northeast corner of the Deerfield Addition to the City of Moscow, as shown on the recorded plat thereof; thence southerly, along the east line of said addition, to the northwest corner of the Robert Williams tract as described in Instrument No. 273947 as recorded with the Latah County Recorder's office; thence easterly to the northeast corner of said tract, said corner being on the west boundary line of the Indian Hills Third Addition to the City of Moscow as shown on the recorded plat thereof; thence northerly, along said west line, to the southerly right-of-way line of Travois Way; thence easterly, along said southerly right-of-way line, to the northwest corner of Lot 8 of the Replat of Lots 1, 2 and 3 Block 7 and Lots 5, 6 and 7 Block 6 of Indian Hills Third Addition to the City of Moscow as shown on the recorded plat thereof; thence southerly to the southwest corner of said Lot 8; thence easterly to the northeast corner of Lot 1 of said Replat; thence northerly 30.0 feet, along the east line of Lot 9 of said Replat, to an angle point in said east line; thence southeasterly, along the south lines of Lots 9 and 10 of said Replat, and along the south lines of Lots 4, 5 and 6 of Block 7 of said Indian Hills Third Addition, to the east boundary line of said Addition; thence southerly, along said east line, to the southeast corner of Lot 1 Block 4 of said Addition; thence westerly, along the south line of said Addition, to the southwest corner of Lot 1 Block 3 of said Addition, said corner being on the east boundary line of the Indian Hills Second Addition to the city of Moscow as shown on the recorded plat thereof; thence southerly, along said east line, to the southeast corner of Lot 5 Block 3 of said Indian Hills Second Addition; thence northwesterly, along the south line of said Addition, to the southwest corner of Lot 1 Block 3 of said Addition; thence northerly, along the west line of said Lot 1, to the southerly right-of-way line of Indian Hills Drive; thence easterly and northerly, along said right-of-way line, to the south line of the Indian Hills condominiums tract as described in Instrument No. 301991 as recorded with said Latah County Recorder's office; thence westerly, along said south line, to the southeast corner of the Clifford F. Lathen tract as described in Instrument No. 256197 as recorded with said Recorder's office; thence northerly, to the northeast corner of said tract; thence westerly, along the north line of said tract, to the southeast corner of the John Ficca tract as described in Instrument No. 372978 as recorded with said Recorder's office; thence northerly to the northeast corner of said tract; thence westerly, along the north line of said tract, said line being parallel to and 140 feet from the southerly right-of-way line of Styner Avenue, to the easterly right-of-way line of U.S. Highway 95; thence northerly, along said right-of-way line, to the southwest corner of the Circle K Corporation tract as described in Instrument No. 310188 as recorded with said Recorder's office; ---PAGE BREAK--- thence easterly to the southeast corner of said tract; thence northerly to the northeast corner of said tract; thence westerly, along the north line of said tract, to the east right of-way line of u.s. Highway 95; thence northerly, along said right-of-way line, to the point of beginning. ---PAGE BREAK--- EXHIBIT NOTICE OF HEARING ON CREATION OF LOCAL IMPROVEMENT DISTRICT CITY OF MOSCOW, IDAHO Local Improvement District No. 113 NOTICE IS HEREBY GIVEN that Monday, the 5th day of August, 1991, at the hour of 8:00 o'clock P.M., at the Moscow City Hall, Moscow, Idaho, has been fixed, pursuant to Resolution No. 91-13 as the time and place for public hearing at which the owners of property to be assessed within proposed Local Improvement District No. 113 No. 113") may appear before the City Council (the "Council") of the City of Moscow (the "City") and be heard as to the propriety and advisability of creating L.I.D. No. 113 and acquiring and constructing the Improvements, as hereinafter described, and as the time and place when and where the Council will consider the creating of the proposed L.I.D. No. 113 and the acquisition an construction of the proposed improvements, and hear all complaints, protests, and objections which may be made in writing and filed with the City Clerk on or before said time by any owner of any parcel of land to be assessed. The boundaries of and the property to be assessed for the costs of the improvements within the proposed L.I.D. 113 are described in Exhibit which is annexed hereto and by reference made a part hereof. The street addresses of the property to be assessed for the costs of the improvements are attached as Exhibit A general description of the improvements to be constructed (the "Improvements") is as follows: furnishing all materials, labor and equipment necessary to remove existing asphalt, excavate and fill as required, furnish new base rock as required, adjust underground utili ties, construct concrete curb and sidewalk, place asphalt pavement, construct other right-of-way improvements, and purchase right-of-way as necessary on Styner Avenue, together with related improvements and costs and expenses of engineering, legal services, bond issuance costs, reserves, and other related expenses. The estimated total cost of the proposed project is $493,650. Approximately 26% of the cost will be paid by the City, representing benefits to the general public accruing by reason of the Improvements. The balance of the cost will be paid for by the levy of assessments on the property benefited. ---PAGE BREAK--- The costs and expenses of the Improvements to be paid from special assessments shall be assessed against the tracts, lots, and lands benefiting the Improvements according to the benefits derived method of assessment, determined as follows: 40% of the costs will be assessed on a front foot basis; 25% of the costs will be assessed on an undeveloped square footage basis; 35% of the cost will be assessed based on the number of existing living units. Written protests and objections to the creation of L.I.D. No. 113 or to the manner of assessment or inclusion of property therein may be filed with the city Clerk at or before 5: 00 o'clock P.M. on August 5, 1991, by any owner of any parcel of land to be assessed. DATED this 8th day PUBLISH: July 18, 19, 20, 1991