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RESOLUTION NO. A RESOLUTION OF INTENTION OF THE CITY OF MOSCOW TO CREATE LOCAL IMPROVEMENT DISTRICT NO. 122; 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. 122 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 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. 122 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. ---PAGE BREAK--- Section 3: A general description ot the improvements to be constructed (the "Project") is as follows: The project consists of construction of drainage structures, aggregate base, asphalt sidewalks, curbs and landscaping. excavation, surfacing, Section 4: The estimated total cost of the proposed project is $106, 000.00 (lOO%) 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 on a square foot method of 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 20th day of May , 1996, at the hour of 8: 00 o'clock p.m. in the Council Chambers at the City Hall, 3rd & Washington Streets, 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 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: 2 ---PAGE BREAK--- By pui.olicat ion of such notice in £he Daily News, a daily newspaper of general circulat ion wit h t he Cit y and t he official newspaper t hereof, which Notice shall be published in t hree consecut ive issues t hereof. By mailing a copy of such notice by t he Cit y Clerk t o each owner of propert y, if known, or his agent, if known, within t he limit s of t he proposed improvement dist rict , addressed t o such person at his post office address, if known, or if unknown, t o t he post office in Moscow, Idaho. Ownership shall be det ermined as of t he dat e of t he adoption of t his Resolution. Said Not ice of publicat ion and Notice by mailing shall be given at least t en ( 10) days before t he dat e of said Hearing. Proof of publicat ion shall be by affidavit of t he publisher and proof of mailing shall be by affidavit of the Cit y Clerk. ADOPTED THIS 6t h ATTEST: res103C day of May, 1996 3 ---PAGE BREAK--- EXHIBIT Vandal Drive and Meadow St reet within and upon t he following described propert ies within t he corporat e limit s of t he Cit y of Moscow, Idaho in t he nort hwest corner of Section 9, Township 39 Nort h, Range 5 West , Boise Meridian, Latah Count y, Idaho, more part icularly described as follows: Lot 23, Lot 24, t he Cit y of Moscow, office of said Latah and Lot 25 of Schumacher's Addition ¤o said plat on file wit h t he recorder's Count y as Inst rument Number 37010; Except ing t herefrom t he following parcels: The Tat e t ract as described in Deed for Idaho Inst rument Number 365284 on file wit h said count y recorder, The Kern t ract as described in Warrant y Deed Inst rument Number 377151 on file wit h said count y recorder, The Tyrrell t ract as described in Warrant y Deed Inst rument Number 384601 on file wit h said count y recorder. 4 ---PAGE BREAK--- EXHIBIT NOTICE OF RESOLUTION OF INTENTION AND OF HEARING NOTICE IS HEREBY GIVEN that on the 6th day of May, 1996 the City Council of the City of Moscow, Idaho adopted Resolution No. 96-04 declaring the intention of the City Council to create a Local Improvement District No. 122 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 20th day of May, 1996 at 5: 00 o'clock p.m., and that such protests will be heard, considered, and passed upon by the City Council on the 20th day of May, 1996 at 8:00 o'clock p.m. in the Council Chambers, 206 East Third, 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: The project consists of excavation, drainage structures, aggregate base, asphalt surfacing, sidewalks, curbs and landscaping. Section The estimated total cost of the proposed project is $ 106,000.00 (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 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 ---PAGE BREAK--- upon lots and lands benefited by such .Lmprovements and included in the district to be created as follows: All street related construction and sidewalk costs will be assessed on a square foot method of 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. Elaine Russell, City Clerk nrinl22.doc(3) ---PAGE BREAK--- EXHIBIT Vandal Drive and Meadow Street within and upon the following described properties within the corporate limits of the City of Moscow, Idaho in the northwest corner of Section 9, Township 39 North, Range 5 West, Boise Meridian, Latah County, Idaho, more particularly described as follows: Lot 23, Lot 24, the City of Moscow, office of said Latah and Lot 25 of Schumacher's Addition to said plat on file with the recorder's Count y as Instrument Number 37010; Excepting t herefrom the following parcels: The Tate tract as described in Deed for Idaho Instrument Number 365284 on file with said county recorder, The Kern tract as described in Warranty Deed Instrument Number 377151 on file with said county recorder, The Tyrrell tract as described in Warranty Deed Instrument Number 384601 on file with said county recorder. 4 ---PAGE BREAK--- I I @ 'I VANDAL I ® ® I ® I I ' r PROPOSED • • LID • BOUND . ® ®/CD I ® I I sl@ 01 ® <1 : ; i ® LLJ 2 STRr=- 1 I , I J !J @ ARY