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Resolution - 2008 - 06 - Establish Date/Time/Place Of Hearing On Lid No 2007-1 - 02/09/2008 RESOLUTION NO. 08-06 A RESOLUTION OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, ESTABLISHING THE DATE, TIME, AND PLACE OF HEARING ON THE LOCAL IMPROVEMENT DISTRICT NO. 2007-1 ASSESSMENT ROLL; PROVIDING FOR PUBLICATION AND MAILING OF NOTICE OF HEARING; PROVIDING FOR RELATED MATTERS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Eagle (the "City"), is a municipal corporation organized and operating under the laws of the State ofIdaho; and WHEREAS, the City Council (the "Council") of the City, by adoption of Ordinance No. 571, adopted on October 24, 2007, following notice and hearing as required by law, created Local Improvement District No. 2007-1 ("L.I.D. No. 2007-1 ") for certain public water system improvements; and WHEREAS, in accordance with Section 50-1712, Idaho Code, the engineers for L.I.D. No. 2007 -1 have submitted a report showing in detail the cost and expenses of the improvements authorized by Ordinance No. 571, adopted on October 24, 2007, the dollar amount thereof payable from assessments, and a form of assessment roll showing the name of the owner of each lot or parcel of property assessed within L.I.D. No. 2007-1 and showing the amount chargeable to each lot or parcel of property according to the method of assessment established for L.I.D. No. 2007-1 by Ordinance No. 571, adopted on October 24, 2007. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE, Ada County, Idaho, as follows: Section 1: The form of assessment roll ,for L.I.D. No. 2007-1 prepared by the City Engineer shall be filed in the office of the City Clerk, where it shall be available for public inspection. Section 2: On the 18th day of March, 2008, at the hour of7:30 o'clock P.M., at 660 East Civic Lane, Eagle, Idaho, or such other time and place to which the hearing may be adjourned, is hereby fixed as the date, time, and place where the City Council will meet in open session for the purpose of considering the engineer's report on the assessment roll and hearing any objections to the assessment roll by the owners of property subject to assessment within L.I.D. No. 2007-1. Section 3: Written protests or objections to any assessment may be filed with the City Clerk at or before 7:30 o'clock P.M. on Tuesday, the 18th day of March, 2008, by any owner of any parcel of land which is subject to assessment within L.I.D. No. 2007-1. Page 1 of6 K:\COUNCIL\Resolutions\draft resolutions\Resolution 08-06 Establishing public hearing for LID assessment.doc Section 4: The City shall give notice of the hearing specified in Section 2 above by publication of notice substantially in the form of Exhibit "A" which is annexed hereto and by reference made a part of this resolution, in a newspaper of general circulation in the City, which notice shall be published for three successive days or in two (2) issues if published in a weekly newspaper, the first such publication being at least fifteen (15) days before the date fixed for hearing objections to the assessment roll. The City Clerk shall also, not less than fifteen (15) days before the date fixed for hearing objections to the assessment roll, cause to be mailed notice of the hearing substantially in the form set forth in Exhibit "B" which is annexed hereto and by reference made a part of this resolution, to each owner of property, if known, or his or her agent, if known, within the limits ofL.I.D. No. 2007-1, addressed to such person at his or her post office address, ifknown, or, if unknown, to the main post office in Eagle, Idaho. The mailed notice shall state the amount of the individual assessment as shown on the preliminary assessment roll. Section 5: The owner or owners of any property which is assessed in said assessment roll, whether named in said assessment roll or not, may, within the time specified in the notice before the date and time fixed for the hearing, file with the City Clerk his or her objections in writing to said assessment. Section 6: This Resolution shall take effect and be in force immediately upon its passage and approval. DATED this J.!1!!:day of February, 2008. CITY OF EAGLE Ada County, Idaho ATTEST: "........", ", .# ....' ~ ~AGl.~ "" ~"". \ 0 ........ <:: ..... .... ~ ... ... t:,. :. .. ~O\lA 1'~ .. .. ~ ..~ \: . 0 ,: .' . : : .. \ c. {~~ fi.~ = ; e. ~ V ~,......... = , .. /. '\X; . ~ ~ ~" J' ..:i~n~\'e.. ....<:) ........ ........ l' ATE oy "" #,,#,.... .....,." Page 2 of6 K:\COUNCIL\Resolutions\draft resolutions \Resolution 08-06 Establishing public hearing for LID assessment.doc EXHIBIT "A" PUBLISHED NOTICE NOTICE OF HEARING ON CONFIRMATION OF ASSESSMENT ROLL FOR LOCAL IMPROVEMENT DISTRICT 2007-1 CITY OF EAGLE Ada County, Idaho Local Improvement District No. 2007-1 NOTICE IS HEREBY GIVEN that Tuesday, the 18th day of March, 2008, at the hour of7:30 o'clock P.M., as soon thereafter as the matter may be heard, the City Council (the "Council") of the City of Eagle (the "City"), will hold a public hearing on the assessment roll for Local Improvement District No. 2007-1 ("L.I.D. No. 2007-1 ") at Eagle City Hall, 660 East Civic Lane, Eagle, Idaho. The assessment roll is on file at Eagle City Hall. At the hearing, the Council will hear and determine all objections to the regularity of the proceedings in making assessments, the correctness of assessment, and in the amount levied on particular lots or parcels in relation to the benefits accruing thereon and in relation to the proper proportionate share of the total cost of the improvements. Each owner of property within L.I.D. No. 2007-1 is hereby further notified that, as provided in Section 50-1714, Idaho Code, in revising the assessment roll at or after the hearing, the Council may increase any assessment or assessments up to twenty percent (20%) of the original amount thereof as shown on the assessment roll without giving further notice and holding a new hearing thereon. For the purpose of securing the payment of the principal of and interest on the local improvement district bonds for L.I.D. No. 2007-1, it is the intent of the Council to create a reserve fund in an amount not to exceed ten percent (10%) of the principal amount of the bonds to be issued to fund that portion ofthe assessments not paid within the 30-day prepayment period from the date ofthe adoption of the ordinance confirming the assessment roll for L.I.D. No. 2007-1. The reserve fund will be funded from assessments against the property within L.I.D. No. 2007-1. Each owner or owners of any property which is assessed in the assessment roll, whether or not named in the assessment roll, may file written objections to the assessments, with the City Clerk at Eagle City Hall at or before 7:30 o'clock p.m., Tuesday, March 18,2008. Written objections may also be mailed, but must be received by the City at P.O. Box 1520, Eagle, Idaho 83616, at or before 5:00 o'clock P.M., on Tuesday, March 18,2008. Page 3 of6 K:\COUNCIL\Resolutions\draft resolutions\Resolution 08-06 Establishing public hearing for LID assessment.doc ATTEST: DATED this _ day of ,2008. CITY OF EAGLE Ada County, Idaho Mayor City Clerk Page 4 of6 K:\COUNCIL\Resolutions\draft resolutions\Resolution 08.06 Establishing public hearing for LID assessment.doc EXHIBIT "B" MAILED NOTICE NOTICE OF HEARING ON CONFIRMATION OF ASSESSMENT ROLL FOR LOCAL IMPROVEMENT DISTRICT 2007-1 CITY OF EAGLE Ada County, Idaho Local Improvement District No. 2007-1 NOTICE IS HEREBY GIVEN that Tuesday, the 18th day of March, 2008, at the hour of7:30 o'clock P.M., or as soon thereafter as the matter may be heard, the City Council (the "Council") of the City of Eagle (the "City"), will hold a public hearing on the assessment roll for Local Improvement District No. 2007-1 ("L.I.D. No. 2007-1 ") at Eagle City Hall, 660 East Civic Lane, Eagle, Idaho. The assessment roll is on file at Eagle City Hall. At the hearing, the Council will hear and determine all objections to the regularity of the proceedings in making assessments, the correctness of assessment, and in the amount levied on particular lots or parcels in relation to the benefits accruing thereon and in relation to the proper proportionate share of the total cost of the improvements. Each owner of property within L.I.D. No. 2007-1 is hereby further notified that, as provided in Section 50-1714, Idaho Code, in revising the assessment roll at or after the hearing, the Council may increase any assessment or assessments up to twenty percent (20%) of the original amount thereof as shown on the assessment roll without giving further notice and holding a new hearing thereon. For the purpose of securing the payment of the principal of and interest on the local improvement district bonds for L.I.D. No. 2007-1, it is the intent of the Council to create a reserve fund in an amount not to exceed ten percent (10%) of the principal amount of the bonds to be issued to fund that portion of the assessments not paid within the 30-day prepayment period from the date ofthe adoption ofthe ordinance confirming the assessment roll for L.I.D. No. 2007-1. The reserve fund will be funded from assessments against the property within L.I.D. No. 2007-1. Each owner or owners of any property which is assessed in the assessment roll, whether or not named in the assessment roll, may file written objections to the assessments, with the City Clerk at City Hall at or before 7:30 o'clock p.m., Tuesday, March 18,2008. Written objections may also be mailed, but must be received by the City at P.O. Box 1520, Eagle, Idaho 83616, at or before 5 :00 o'clock P.M., on Tuesday, March 18,2008. Page 5 of6 K:ICOUNCIL\Resolutionsldraft resolutionslResolution 08-06 Establishing public hearing for LID assessment doc The property and the assessment with reference to which this notice is given is as follows: Amount of Assessment Amount of With Reserve Roll No. Owner and Address Legal Description Assessment Fund (If Paid Within 30 Estimate Days) (If Paid in Installments) If you have questions regarding this notice please call the City of Eagle Public Works Department at (208) 489-8777. DATED this 19th day of February, 2008. CITY OF EAGLE Ada County, Idaho Mayor ATTEST: Sr. Deputy Clerk/Treasurer Page 6 of6 K:\COUNCIL\Resolutions\draft resolutions\Resolution 08-06 Establishing public hearing for LID assessment.doc