NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF BOISE, IDAHO:

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1 RESOLUTION BY THE COUNCIL: BISTERFELDT, CLEGG, EBERLE, JORDAN, SHEALY AND TIBBS A RESOLUTION SETTING FORTH THE INTENT OF THE CITY OF BOISE TO CREATE A LOCAL IMPROVEMENT DISTRICT TO CONSTRUCT AND IMPROVE PRESSURIZED IRRIGATION FACILITIES WITHIN THE LINDSEY LATERAL WATER USERS ASSOCIATION SERVICE AREA; PROVIDING A DESCRIPTION OF THE BOUNDARIES OF THE PROPOSED DISTRICT; PROVIDING A GENERAL DESCRIPTION OF THE CONTEMPLATED IMPROVEMENTS; PROVIDING AN ESTIMATE OF THE COSTS AND EXPENSES OF CONSTRUCTING THE IMPROVEMENTS; SETTING FORTH THE METHOD FOR CALCULATING AND ASSESSING THE COSTS AND EXPENSES TO THOSE PROPERTIES SPECIALLY BENEFITED BY THE IMPROVEMENTS; ESTABLISHING A PUBLIC HEARING DATE TO CONSIDER THE CREATION OF THE DISTRICT AND TO HEAR PROTESTS REGARDING THE FORMATION OF THE DISTRICT; ESTABLISHING A DATE PRIOR TO THE PUBLIC HEARING BY WHICH WRITTEN PROTESTS MUST BE FILED WITH THE BOISE CITY CLERK; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Boise City Council has received a petition pursuant to Idaho Code and requesting formation of a Local Improvement District in order to convert existing open irrigation systems into a pressurized irrigation system; and WHEREAS, the petition describes an area roughly bounded east and west by Roosevelt Street and Orchard Street and north and south by Kendall Streets and Morris Hill Road containing 396 residential properties, 305 of which are owner occupied; and WHEREAS, 187 resident owners signed this petition which comprises sixty-one percent (61%) of the resident owners which meets or exceeds the percentage of resident owner petition signers required by Idaho Code for the initiation of a local improvement district. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF BOISE, IDAHO: Section 1. Pursuant to Idaho Code , the City of Boise hereby provides notice of intent to create a local improvement district, within the present service area of the Lindsey Lateral Water Users Association, an area roughly bounded east and west by Roosevelt Street and Orchard Street and north and south by Kendall Streets and Morris

2 Hill Road, and such local improvement district having actual boundaries as set forth in Exhibit A attached hereto. Section 2. The contemplated improvements (the Improvements ) will be construction of a pressurized irrigation system to be made available for residential properties within the boundaries of the local improvement district and within the current service area of the Lindsey Lateral Water Users Association to serve approximately 396 residential properties. Section 3. The costs and expenses of the Improvements shall be assessed one hundred percent (100%) against the residential properties specially benefited from the Improvements. The estimated total cost and expenses for completion of the contemplated Improvements is approximately $1,600,000. It is anticipated that funding for the Improvements will be obtained and provided to the City of Boise on behalf of the local improvement district through a loan from the Idaho Soil Conservation Commission and will be repaid solely through local improvement district assessments to be levied on each parcel of residential real property benefited. Section 4. The costs and expenses of the proposed Improvements will be assessed against residential lots and parcels and other properties requesting pressure irrigation service located within the proposed district boundaries according to a benefits derived method of assessment, as currently outlined in Exhibit B under Method of Assessment, subject to any variations therefrom as the City Council may subsequently consider necessary and appropriate. Section 5. The Boise City Council shall conduct a public hearing on July 10, 2007 at 6 p.m. in the Boise City Council Chambers, 150 N. Capitol Blvd. to discuss the

3 formation of the proposed local improvement district and to hear any protests and objections to the formation of the district. Section 6. Any written protests to the formation of the local improvement district must be filed with the Boise City Clerk on or before 5 o clock p.m July 2, Section 7. A notice of intention and hearing shall be given as follows: A. By publication of such notice substantially in the form attached hereto as Exhibit B and made a part hereof, in the Idaho Statesman, which notice shall be published in three (3) consecutive issues thereof. The first of such publications shall be not less than ten (10) days prior to the date of holding the hearing. B. By mailing a copy of such notice substantially in the form attached hereto as Exhibit B and hereby made a part hereof, by the City Clerk to each record owner of property, if known, or his or her agent if known, within the boundaries of the proposed local improvement district, addressed to such person at his or her post office address, if known, or if unknown, to the post office in Boise, Idaho. Ownership of property shall be determined as of the date of the adoption of this Resolution. The mailing of such notice shall be not less than ten (10) days prior to the date of holding the hearing. Section 8. This Resolution shall take effect and be in full force from and after its adoption and approval. ADOPTED by the Council of the City of Boise City, Idaho this day of June, 2007.

4 APPROVED by the Mayor of the City of Boise City, this day of June, ATTEST: APPROVED: CITY CLERK MAYOR

5 ARCHER BLUFF RIM GARDEN KENDALL KENDALL EDGEMONT IRVING JEWELL WILSON PIKE HAPPY GAGE HOLMES HARDING MANVILLE WILSON MARSHALL HOUSTON AYRES FREEMONT BALSAM EMERALD FAIRMONT STANLEY GAIL FAIRMONT FAIRMONT ORCHARD DENTON CLINTON STANLEY CORPORAL CLINTON GAIL GARDEN PURDUE MORRIS HILL CLINTON WILSON ROOSEVELT N City of Boise Public Works GIS Services COLBY 1 inch equals 500 feet Plot Date: 5/30/2007 MASON N:\GIS_workspaces\Publicworks\DIS\Projects\LindseyLateralNorthPipe.mxd BETHEL Proposed LID Boundary Lindsey Lateral Pressure Irrigation System Excluded Properties Served by Other Lateral Associations This drawing is to be used only for reference purposes; Boise city is not responsible for any Inaccuracies herein contained. This map is made in part from data prepared or compiled by Ada County. Ada County shall not be liable for Inaccuracies or misuse of this map or data.

6 EXHIBIT B NOTICE OF INTENTION AND HEARING NOTICE IS HEREBY GIVEN that the Council and Mayor of the City of Boise City, Idaho, respectively adopted and approved Resolution on the 12th day of June, 2007, which, among other things, established and provided for the following: NOTICE OF HEARING: A public hearing will be held by the Boise City Council on the 10th day of July, 2007, at 6:00 o clock p.m., in the Council Chambers in Boise City Hall, 150 North Capitol Boulevard, Boise, Idaho. The purpose of the hearing will be to consider all protests and objections filed in writing regarding the creation of a Local Improvement District within the present service area of the Lindsey Lateral Water Users Association, the contemplated improvements proposed to be constructed in said Local Improvement District, or any other protests and objections in relationship to the creation of said Local Improvement District. The Council reserves the right to adjourn the hearing from time to time to a fixed future time and place until all protests and objections have been heard. Owners of property to be assessed and situated within the boundaries of the proposed Local Improvement District hereinafter described have up to and including the hour of 5:00 o clock p.m. on the 2nd day of July, 2007, to file with the City Clerk of the City of Boise City at City Hall, Boise, Idaho, written protests and objections to the creation of the said Local Improvement District, or to the making of the improvements proposed to be constructed within the said Local Improvement District, or making any other protests and objections in relationship to the Council s intent to create said Local Improvement District.. BOUNDARIES: A description of the boundaries of the proposed District to be created and the property within said District to be assessed for a portion of the total costs and expenses of the contemplated improvements are described as follows: (a) (b) District Boundaries: The boundaries are as set forth on Exhibit A attached hereto. Property to be Assessed: All residential lots and parcels of real property within the District subject to assessment under Title 50, Chapter 17, Idaho Code. DESCRIPTION OF IMPROVEMENTS: The construction of a pressurized irrigation system to be made available for residential and other properties within the boundaries of the local improvement district and within the current service area of the Lindsey Lateral Water Users Association to serve approximately 396 residential properties. ESTIMATED COSTS: The total estimated cost of said Improvements is approximately $1,600,000, including all estimates of construction, engineering, consulting, legal, clerical and financing costs and a reasonable contingency deemed necessary by the Council, of which the sum of $0.00 will be paid by state and/or federal grants, and the entire

7 balance of no less than the current estimated $1,600,000 shall be paid by assessments upon the property within the District. METHOD OF ASSESSMENT: The method of assessment as to each residential lot and parcel within the Local Improvement District will be by the benefits derived method. It is expected that the pressurized irrigation system will serve or be available for use by approximately 396 residential properties within the proposed District. The total expected assessment, based on the above stated assumptions, for each lot and parcel is currently estimated as shown in the Table below. ESTIMATED LINDSEY LATERAL LID ASSESSMENT Lot Size (acres) LID Pipe Assessment* LID Pump Assessment* Total LID Assessment Annual LID Payment*** 0 to 0.02 $ $ $ $ to 0.04 $ $ $1, $ to 0.06 $ $ $1, $ to 0.08 $ $ $1, $ to 0.10 $1, $ $1, $ to 0.12 $1, $ $2, $ to 0.14 $1, $ $2, $ to 0.16 $2, $ $2, $ to 0.18 $2, $ $3, $ to 0.20 $3, $ $3, $ to 0.22 $3, $ $4, $ to 0.24 $3, $ $4, $ to 0.26 $4, $ $5, $ to 0.28 $4, $ $5, $ to 0.30 $5, $ $6, $ to 0.32 $5, $ $6, $ to 0.34 $6, $ $7, $ to 0.36 $6, $ $7, $ to 0.38 $7, $ $8, $ to 0.40 $8, $ $8, $ Greater than 0.40 Minimum** $8, $ $8, $ *The Cleo Court Subdivision has an existing pressure irrigation pipeline system served off of a Lindsey Lateral Association ditch. In recognition of this, the pipe assessment will be reduced by 84% with the remaining 16% used to fund a proportionate share of the mainline pipeline benefiting this subdivision and the pump and service line assessment will be reduced by $310 per lot to reflect that each lot already has a service line. ** For lots greater than 0.40 acres the LID pipe assessment will be $8,000 or $15,000 per irrigated acre whichever is greater. *** Assumes 20-year payments at 4% interest.

8 ADDITIONAL INFORMATION: Anyone desiring further information pertinent to said intent to create said District may examine, or receive a copy of the Resolution adopted on June 12 th on file in the office of the City Clerk, City Hall, Boise, Idaho. Also, auxiliary aids or services are available upon 48 hours advance notice. Please call extension 125 for further assistance. DATED this day of June, CITY CLERK