Ordinance - 2007 - 571 - Creating Local Improvement District 2007-01 - 10/24/2007
ORDINANCE NO. 571
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, CREATING LOCAL
IMPROVEMENT DISTRICT NO. 2007-1; DESCRIBING AND SETTING FORTH THE
BOUNDARIES OF THE LOCAL IMPROVEMENT DISTRICT; PROVIDING FOR THE
PROJECT TO BE FINANCED THEREIN; APPOINTING AN ENGINEER TO PREPARE
THE NECESSARY SPECIFICATIONS, ENGINEER'S REPORT, AND ASSESSMENT
ROLL; PROVIDING FOR THE PAYMENT OF COSTS AND EXPENSES OF THE PROJECT
TO BE ASSESSED AGAINST THE PROPERTY WITHIN THE LOCAL IMPROVEMENT
DISTRICT AND THE METHOD OF ASSESSMENT; PROVIDING FOR THE ISSUANCE OF
LOCAL IMPROVEMENT DISTRICT BONDS AND WARRANTS; PROVIDING FOR
RELATED MATTERS; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Eagle, Ada County, Idaho (the "City"), is a municipal
corporation organized and operating under the laws of the State of Idaho and is authorized by
Idaho Code Title 50, Chapter 17, to create local improvement districts for public improvements,
and to finance said improvements by the issuance and sale oflocal improvement district bonds or
warrants, which bonds or warrants are payable solely from assessments upon the property
benefited thereby; and
WHEREAS, the City Council (the "Council") of the City has determined that it is in the
best interests of the City and its residents, and of the property and residents within the proposed
local improvement district, to create a local improvement district for the purpose of financing
certain public improvements generally described as the acquisition of public water supply and
conveyance facilities, and other related expenses; and
WHEREAS, by adoption of Resolution No. 07-24 on August 14, 2007, the Council
initiated the formation of a local improvement; and
WHEREAS, by adoption of Resolution No. 07-25 on August 14, 2007, the Council
expressed its intention to create a local improvement district for the purpose of financing the
costs of such improvements; and
WHEREAS, after proper publication and mailing of notice to the owners of property
within the proposed improvement district of intention to create the proposed local improvement
district, a public hearing was held by the Council on September 11, 2007, September 20,2007,
and October 24, 2007, at which hearing the residents and owners of property within the proposed
local improvement district had the opportunity to protest the formation of the local improvement
di stri ct.
Page 1
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF EAGLE, ADA COUNTY, IDAHO, as follows:
Section 1:
The Council hereby finds and declares:
(a) That Local Improvement District No. 2007-1 will be in the best interests of the
property affected and of the City;
(b) That there is a reasonable probability that the obligations of Local Improvement
District No. 2007-1 will be paid; and
(c) That the value of the property subject to assessment within Local Improvement
District No. 2007-1 (such value being determined by the current assessed valuation of such
property for ad valorem tax purposes as shown by the records of the Assessor of Ada County,
Idaho) exceeds the sum of the estimated costs to be assessed against the property included in
Local Improvement District No. 2007-1.
Section 2: There is hereby established and created a local improvement district
within the City, to be known and designated as "Local Improvement District No. 2007-1 of the
City of Eagle, Idaho", also known as "L.I.D. No. 2007-1 ", the boundaries of which local
improvement district shall be as set forth in Exhibit "A" which is annexed hereto and by
reference made a part hereof. All protests to the creation of L.I.D. No. 2007-1 are hereby
overruled.
Section 3: A description ofthe project to be financed (the "Project") is as follows: the
acquisition of public water system improvements, including water rights and water supply and
delivery facilities, together with costs of engineering, legal services, publication, bond issuance
costs and reserves, and other related expenses.
Section 4: The costs and expenses of the Project shall be assessed against the lots and
lands included in L.I.D. No. 2007-1 according to the benefits derived method of assessment, as
provided by Section 50-1707, Idaho Code.
Section 5: The estimated cost of the Project is $7,200,000, all of which will be paid
from a levy of assessments on the property benefited by the Project within L.I.D. No. 2007-1.
Said assessments may be paid in annual installments of principal and interest, over a period
which may be less than but which shall not exceed twenty (20) years, as shall be determined by
the Council, if not otherwise paid as provided by law.
Section 6: Holladay Engineering Company is hereby appointed as engineer for
L.I.D. No. 2007-1 and shall prepare the necessary plans, specifications, engineer's report, and
preliminary assessment roll as provided by Section 50-1712, Idaho Code.
Page 2
Section 7: This Ordinance shall be published once in the official newspaper of the
City and shall take effect and be in full force immediately upon its passage, approval, and
publication.
DATED thisci4~ day of October, 2007.
CITY OF EAGLE
Ada County, Idaho
BY~~
Mayor
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ATTEST:
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....City Clerk
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Page 3
Exhibit A
City of Eagle
Local Improvement District No. 2007-1
Legal Description
In Sections 3, 4, 5, 7, 8, 9, 10, 15, 16, 17, and 22, Township 4 North, Range 1 East, Boise Meridian, Ada County,
Idaho, being more particularly described as follows:
BEGINNING at the northwest corner of Section 3, Township 4 North, Range 1 East, Boise Meridian, Ada County,
Idaho:
thence N 89036'53"W 2648.56 feet; thence S 00030'52"E 1281.00 feet;
thence N 89057'25"W 1326.75 feet; thence N 00024'51"W 518.76 feet;
thence N 43051'20"E 949.35 feet; thence N 00010'5S"W 78.38 feet;
thence N 89041'44"W 4658.57 feet; thence S 00025'14"E 2587.89 feet;
thence S 89024'32"E 2198.87 feet; thence S 00016'38"E 155.06 feet;
thence S 45007'59''W 323.46 feet; thence S 00024'58"E 206.57 feet;
thence S 89020'54"E 676.04 feet; thence S 00000'00''W 52.25 feet;
thence S 89049' 40''W 603.00 feet; thence N OooOO'OO"E 10.63 feet;
thence S 89046'54"W 82.00 feet; thence N 49013'52"W 420.65 feet;
thence S 00016'13"E 494.20 feet; thence S 89046'08"W 62.00 feet;
thence S 00034'23"E 200.01 feet; thence S 89052'38"E 262.25 feet;
thence S 00020'12"E 255.19 feet; thence S 89022'38"E 828.05 feet;
thence S 00022'45''E 1322.16 feet; thence N 890 17'43"W 4000.12 feet;
thence S 01016'01"W 1778.92 feet; thence N 440 18'44"W 180.87 feet;
thence N 54031'42''W 151.65 feet; thence N 63034'52"W 491.09 feet;
thence N 76054'47''W 178.02 feet; thence S 89049'56"W 447.33 feet;
thence S 01019'53''W 2637.15 feet; thence S 89046'35"W 1314.71 feet;
thence S 00024'21''W 1339.45 feet; thence S 89047'13"E 1287.46 feet;
thence S 09027'32"W 19.93 feet; thence S 74003'56"E 42.05 feet;
thence N 84027'0l"E 108.88 feet; thence S 62052'53"E 292.56 feet;
thence S 70014'33"E 320.46 feet; thence S 78048'lTE 485.12 feet;
thence N 84013'42"E 358.91 feet; thence S 88053'25"E 49S.07 feet;
thence S 75051'03"E 1081.79 feet; thence N 80002'44"E 841.27 feet;
thence S 58009'38"E 643.33 feet; thence S 25043'15"E 802.30 feet;
thence S 17019'07"E 429.37 feet; thence S Soo06'47"E 487.69 feet;
THIS DESCRIPTION WAS PREPARED BY DEAN J. COON, PLS10328
ON JULY 18, 2007, FROM ADA COUNlY'S GIS BASEMAP, DATED JUNE 2007
I:\EG\062007 UD\Survey Documents\UD Description.doc
Page 1 of 3
Exhibit A
City of Eagle
Local Improvement District No. 2007-1
Legal Description
thence S 54022'29"E 688.62 feet; thence S 73050'27"E 807.63 feet;
thence N 71033'53"E 473.88 feet; thence N 57046'12"E 904.23 feet;
thence N 01050'58"E 618.80 feet; thence N 88057'34"E 1098.50 feet;
thence S OooOO'OO"W 718.23 feet; thence S 58041'42"E 255.76 feet;
thence S 00053' 46"W 565.46 feet; thence S 69036'27"E 458.05 feet;
thence S 84008'58"E 391.44 feet; thence S 72046'25"E 303.15 feet;
thence S 87016'34"E 222.45 feet; thence S 0l"06'37"W 211.80 feet;
thence S 45020'40"E 732.47 feet; thence S 56042'24"E 1059.85 feet;
thence S 21016'18"E 309.80 feet; thence S 57005'40"E 401.60 feet;
thence S 72004'23"E 315.01 feet; thence S 83017'19"E 528.12 feet;
thence N 67000'02"E 665.55 feet; thence S 57053'06"E 489.15 feet;
thence S 12028'OO"E 757.33 feet; thence S 54050'38"E 231.31 feet;
thence N 88052'19"E 670.07 feet; thence S 73047'22"E 323.58 feet;
thence S 43012'02"E 330.26 feet; thence N 00035'45"E 2692.59 feet;
thence N 44037'42"E 102.49 feet; thence N 00034'07"E 2085.47 feet;
thence N 89019'07"W 37.00 feet; thence N 00037'46"E 330.06 feet;
thence N 89043'58"W 1358.55 feet; thence N 00037'04"E 992.54 feet;
thence S 89043'1l"E 1285.72 feet; thence N 01" 17'59"E 2636.37 feet;
thence S 870 l1'53"W 953.94 feet; thence N 14008'36"W 171.07 feet;
thence N 08033'00"W 221.97 feet; thence N 40034'40''W 131.17 feet;
thence N 87022'40"E 1163.84 feet; thence N 01" 15'16"E 1495.92 feet;
thence N 89044'34"W 1265.46 feet; thence N 60001'56"E 290.54 feet;
thence N 08058'08"E 51.31 feet; thence S 89044'43"E 970.01 feet;
thence N 01015'07"E 216.90 feet; thence S 89042'33"E 44.01 feet;
thence N 00009'26"W 163.87 feet; thence N 03011'09"W 366.03 feet;
thence N 13018'54"W 296.38 feet; thence N 17044'59"W 2120.31 feet;
thence N 17045'02"W 741.29 feet; thence N 21000'24"W 174.18 feet;
thence N 28008'45"W 174.18 feet; thence N 31038'40"W 459.36 feet;
thence N 37013'28"W 171.08 feet; thence N 87027'25"W 127.92 feet;
thence N 02026'16"W 412.79 feet; thence N 02043'35"W 332.29 feet;
THIS DESCRIPTION WAS PREPARED BY DEAN J. COON, PLS10328
ON JULY 18, 2007, FROM ADA COUNIY'S GIS BASEMAP, DATED JUNE 2007
I:\EG\062007 LID\Survey Documents\LID Description.doc
Page 2 of 3
Exhibit A
City of Eagle
Local Improvement District No. 2007-1
Legal Description
thence N 13055'16"E 332.29 feet; thence N 89D36'53"W 3829.08 feet to the POINT OF BEGINNING.
Containing 4,153.99 acres, more or less.
Basis of Bearing for this description is the Ada County GIS Basemap, dated June of 2007.
I, Dean J. Coon, a Professional Land Surveyor licensed by the State ofIdaho, hereby certify that the foregoing
description was prepared by me, or under my direct supervision, and that it is representative of the Local Improvement
District Boundary as shown on the City of Eagle Eastern Municipal Water System Local Improvement District Map. No
fieldwork was performed to verify individual parcel boundaries. Inaccuracies inherent to the source data (Ada County
GIS Basemap) used to prepare this description may be revealed should field measurements be made. This description is
not intended to convey interest in real property, and is not valid unless accompanied by this certification.
END OF THIS DESCRIPTION THAT CONTAINS 3 PAGE(S).
THIS DESCRIPTION WAS PREPARED BY DEAN J. COON, PLSI0328
ON JULY 18, 2007, FROM ADA COUNTY'S GIS BASEMAP, DATED JUNE 2007
I:\EG\062007 UD\SulVey Documents\LID Description.doc
Page 3 of 3
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Valley Times
P.O. Box 1790 - Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
Account:
October 29, 2007
4_LILY-+
ORDINANCE NO. 571
October 29, 2007
AN ORDINANCE,OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, CREATING LOCAL
IMPROVEMENT DISTRICT • NO. 2007-1; DESCRIBING AND SETTING FORTH THE
BOUNDARIES OF THE LOCAL IMPROVEMENT DISTRICT; PROVIDING FOR THE
PROJECT TO BE FINANCED THEREIN; APPOINTING AN ENGINEER TO PREPARE
THE NECESSARY SPECIFICATIONS, ENGINEER'S REPORT, AND ASSESSMENT
ROLL; PROVIDING FOR THE PAYMENT OF COSTS AND EXPENSES OF THE PROJECT
TO BE ASSESSED AGAINST THE PROPERTY WITHIN THE LOCAL IMPROVEMENT
DISTRICT AND THE METHOD OF ASSESSMENT; PROVIDING FOR THE ISSUANCE OF
LOCAL IMPROVEMENT DISTRICT BONDS AND WARRANTS; PROVIDING FOR
RELATED ITERS; AND PROVIDING AN EFFECTIVE DATE
is EAS, the City of Eagle, Ada County, Idaho (the "City"), is a municipal
corporation _ and operating under the laws of the State of Idaho and is authorized by
Idaho Code . ' e 50, Chapter 17, to create local improvement districts for public improvements,
and to finance said improvements by the issuance and sale of local improvement district bonds or
warrants, which bonds or warrants are payable solely. from assessments upon the property
benefited thereby; and
WHEREAS, the City Council (the "Council") of the City has determined that it is in the
best interests of the City and its residents, and of the property and residents within the proposed
local improvement -district, to create a local improvement district for the purpose of financing
certain public improvements generally described as the acquisition of public water supply and
conveyance facilities, and other related expenses; and
WHEREAS, by adoption of Resolution No. 07-24 on August 14, 2007, the Council
initiated the formation of a local improvement; and
WHEREAS, by adoption of Resolution No. 07-25 on August 14, 2007, the Council
expressed its intention to create a local improvement district for the purpose of financing the
coats of such improvements; and
WHEREAS, after proper publication and mailing of notice to the owners of property
within the proposed improvement district of intention to create the proposed local improvement
district, a public hearing was held by the Council on September 11, 2007, September 20, 2007,
and October 24, 2007, at which hearing the residents and owners of property within the proposed
local improvement district had the opportunity to protest the formation of the local improvement
district.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF EAGLE, ADA COUNTY, IDAHO, as follows:
Section I: The Council hereby finds and declares:
(a) That Local Improvement District No. 2007-1 will be in the best interests of the
property affected and of the City;
(b) That there is a reasonable probability that the obligations of Local Improvement
District No. 2007-1 will be paid; and
(c) That the value of the property subject to assessment within Local Improvement
District No. 2007-1 (such value being determined by the current assessed valuation of such
property for ad valorem tax purposes as shown by the records of the Assessor of Ada County,
Idaho) exceeds the sum of the estimated costs to be assessed against the property included in
Local Improvement District No. 2007-1.
Identification:
es: _ -U-1
4.
No
r Lines 3 ( Amount
325 'cro
MA 1•4 0111
thence 8 00°58'46"W 565.46 feet; thence 8 69°36'27°E
thence S 84'08'56& 891.44 feat; thence 8 72°46'25'E l j
thence S 87'16'84"E 222.45 feet: thence 8 01°0817W ,
thence S 45•20'40"E 782.47 feet; thence S 56°42'24"E 1
thence S 21'16'1813 809.80 feet; thence 8 57.05'40"& II'
thence S 72.04'28'1 815.01 feet: thence S 88°1719"&
thence N 67'00'02"8 665.55 feet; thence S 57°53'06'En
thence S 12°28'00"3 757.88 feet; thence S 54°50'38"B
thence N 88•52'19'E 670.01 feet: thence 8 78°4T22'E3)
thence 8 48.12'02'3 880.26 feet' thence N 00°85'45"Ed
thence N 44°8742'E 102.49 feet thence N 00°84'OT'3a
thence N 89°19'07W 87.00 feet: thence N 00°8T46"Ed
S:
*enroll 89°48'68'W 1858.55 feet: thence N 00'3T04 7
thence 8 89°48'11"E 1286.72 feet: thence N 01'1769" //
thence 8 87'11'53"W 958.94 feet thence N 14°08'861
thence 8 00'00'00"W 718.28 feet: thence 8 58°41'42"E
thence N 08°88'00"W 221.97 feet: thence N 40°34'40"
thence N 87.22'40'31168.84 feet; thence N 01°15'16''0
thence N 89°44'34"W 1265.46 feet: thanes N 60°01'51
thence N 08°58'0813 51.81 feet: thence S 89°44'43"3—
thence N 01°15'O73 216.90 feet: thence S 89°42'88°1)
thence 1400°09'26'W 168.87 feet; thence N 08°11'09'S
thence N 13°18'54'W 298.38 feet; thence N 17°44'501
thence N 17°46'021V 741.29 feet; thence 1421°00'24'07
thence 1428°08'45'W 174.18 feet; thence N 81°88'40 ed
thence N 87.18'26'W 171.08 feet: thence N 872T24,
nt
thence N 02°26'16"W 412.79 feet: thence N O2•43'35 Je
THIS DESCRIPTION WAS PREPARED BY DEAN ]hat
ON JULY 18, 2007, FROM ADA COUNTY'S GIS Bne,
I:�a 062007 LID\Survey Documents\LID Desaiption.doc
,ID