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165 Creating LID No. 97-1 Cherry Lane Village Sub Fence Improvement Project248 RESOLUTION NO. 165 A RESOLUTION OF INTENTION OF THE CITY OF MERIDIAN, IDAHO, TO CREATE. LOCAL IMPROVEMENT DISTRICT NO. 97-1, CHERRY LANE VILLAGE SUBDIVISION NO. 1 FENCE IMPROVEMENT PROJECT; DESCRIBING THE BOUNDARIES OF THE PROPOSED DISTRICT AND THE PROPERTY PROPOSED TO BE ASSESSED; GENERALLY DESCRIBING THE IMPROVEMENTS TO BE CONSTRUCTED; GENERALLY STATING THAT ALL COST SHALL BE PAID BY THE LEVY OF ASSESSMENTS; DESCRIBING THE METHOD OF ASSESSMENT; STATING THE TIME AND PLACE WHEN AND WHERE A PUBLIC HEARING WILL BE HELD TO CONSIDER ANY PROTESTS; PROVIDING FOR OTHER MATTERS PROPERTY RELATING THERETO; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS RESOLUTION. ~ CITY OF MERIDIAN ADA COUNTY, IDAHO LOCAL IMPROVEMENT DISTRICT NO. 97-1 BE IT RESOLVED BY THE CITY. COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO AS FOLLOWS: WHEREAS, the City of Meridian, Idaho, is a City operating and existing under and pursuant to the laws of the State of Idaho, and as such is authorized and empowered to create local improvement district (LID) for construction improvements pursuant to Title 50, chapter 17, Idaho Code; and WHEREAS, the City Council of the City received a petition for the creation of a local improvement district signed by not less than sixty percent (60%) of the resident owners of property subject to assessment within the proposed district and has determined to create such a local improvement district; and WHEREAS, the City Council is of the opinion that it is in the best interests of the owners of property and of the inhabitants within the proposed Local Improvement District No. 97-1, CHERRY LANE VILLAGE SUBDIVISION NO. 1 FENCE IMPROVEMENT PROJECT, that the proposed LID No. 97-1 be formed and the improvements to be constructed be paid for with funds assessed by an LID District, as contemplated. NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED, as follows: Section 1: The City of Meridian hereby determines and states that it is its intention to form a Local Improvement District to be designated as Local Improvement District No. 97-1, CHERRY LANE VILLAGE SUBDIVISION NO. 1 FENCE IMPROVEMENT PROJECT, to assist in the payment of the improvements as hereinafter set forth. Section 2: The boundaries of the proposed LID No. 97-1 and of the properties to be assessed are described as follows: The boundaries of the district are located within the corporate limits of the City of Meridian and include lots north of, and abutting, Cherry Lane Road and are in Cherry Lane Subdivision No. 1, Meridian, Ada County, Idaho, and include lots fronting Cherry Lane Road on the lot's south side from, and including Lot 6, Block 2, Cherry Lane Subdivision No. 1 to Lot 11, Block 2 Cherry Lane Subdivision No. 1, and including Lot 4, Block 2 Cherry Lane Subdivision No. 1 to Lot 4 Block 6 Cherry Lane Subdivision No. 1, all lots being in said subdivision and including the full width and depth of said lots. All lots are situated in Meridian, Ada County, Idaho. RESOLUTION -LID 97-1 PAGE 1 The City Council is of the opinion that said description is sufficient to adequately 249 inform owners of the property proposed to be assessed. Section 3: A general description of the improvements constructed is as follows: The improvements to be made on the lots within the.above description is as follows: A. Construction of a new fence to be constructed of six (6} foot dog-eared Cedar #2 fencing with concrete set steel posts and an access gate for each lot except corner lots. There shall be a post located on the. property line separating each lot from neighboring lots. The fence shall be stained to match the color of the fence on the opposite side of the street. B. The area between the fence and the sidewalk shall be covered with a weed fabric, plus three (3) inches of river rock, after clearing and fine grading. Section 4: The estimated cost of the project is FORTY-EIGHT THOUSAND AND NO/100 DOLLARS ($48,000.00}, It is estimated that the LID No. 97-1 will raise $48,000.00 for the total project cost. The entire FORTY-EIGHT THOUSAND AND N0/100 DOLLARS ($48,000.00) of the project cost is proposed to come from this LID and no cost. will be paid by the City of Meridian. Section 5: All property owners within the boundaries, as defined above, will be assessed on the front foot method, that is per foot. of property which fronts upon Cherry Lane Road and is within the boundaries of the LID District. The costs and expenses of the project to be paid from special assessments shall be assessed against the abutting, adjoining, and adjacent lots and lands according to the front foot method (per foot of fencing}, as provided by Section 50-1707, Idaho Code. The estimated per foot cost of the project is FORTY-EIGHT THOUSAND AND N0/100 DOLLARS ($48,000.00), but not to exceed SEVENTEEN AND 501100 DOLLARS ($17.50) per lineal foot of fence, which shall be paid by the owner of the lot being assessed, at the option of the owner of the lot at the time of the initial assessment, either in one payment, on an annual, or monthly basis. If the cost of the project exceeds SEVENTEEN AND 50.100 DOLLARS ($17.50} per lineal foot of fence, the cost of the project shall be subject to the approval of the property owners, but if the cost does not exceed that amount the total cost of the project shall not be subject to approval of the property owners. Section 6: The 18th day of February, 1997, is hereby fixed as the time and place when and where the owners of the property to be assessed may appear before the City Council and be heard as to the propriety and advisability of the project, and which is the time and place when and where the City Council will consider the creation of proposed LID 97-1, consider payment of the improvements and hear all complaints, protests, and objections which may be made in writing and filed with the Meridian City Clerk an or before said time by any owner of any parcel of land to be assessed. Written protests and objections to the creation of LID No. 97-1 or to the manner of assessment or inclusion of property therein may be filed with the Clerk of the City of Meridian at 33 East Idaho Street, 83642, on or before 5:00 p.m. on the 18th day of February, 1997, by any owner of any parcel of land to be assessed. Section 7: Notice of Hearing substantially in the form attached hereto as Exhibit "A" and hereby made a part hereof, shall be given as follows: A. By publication of such notices in the Valley News, a bi-weekly newspaper of general circulation within the City of Meridian and the official newspaper thereof, which notice shall be published in two (2) consecutive issues thereof, the first publication being at least ten (10) days prior to the date of said hearing. B. By mailing, at least ten (10} days prior to the date of said hearing, a copy of such notice to each owner of property is known, or his agent, if known, within the RESOLUTION LID 97-1 PAGE 2 25~ limits of the proposed LID 97-1, addressed to such person at his post office address, if known, or if unknown, to the post office in Meridian, Idaho. Ownership of property shall be determined as of the date of the adoption of this. Resolution. EXCEPT, that ownership of property on the petition submitted for the creation of the LID shall be determined as of January 15, 1997. Section 8: This resolution shall take effect and be in full force from and after its passage and approval. Dated this 4th day of February, 1997. CITY OF MERIDIAN Ada County, Idaho ;_ ~ J a _ _ ~ , ,~- r L - ~. ~C', /i~~~ ,.-.,':ROBERT D. CORRIE, MAYOR ATTEST: R``*',`~ty~~~ltflffNlee~~~~~r'J~t ~~ ~ +~ r .-~ ~~ ILLIAM G. BERG, JR., CI CL RK ~~~f-L y ~,~' ~'~~~r~r~~ ~t «r-rN~~~~ RESOLUTION -LID 97-1 PAGE 3