HomeMy WebLinkAboutResolution 2974 Intent to create SIMD 661: Valley Unit Park maintenance
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COMMISSION RESOLUTION NO. 2974
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF
BOZEMAN TO CREATE AN EXTENDED SPECIAL
IMPROVEMENT
MAINTENANCE DISTRICT NO. 661 FOR PURPOSES OF MAINTAINING,
PRESERVING AND CARING FOR THE IMPROVEMENTS TO VALLEY UNIT
PARK TO THE CITY OF BOZEMAN, MONTANA.
WHEREAS, a resolution of intent to create Special Improvement District No. 660
within the City of Bozeman, an extended Special Improvement District for the construction
of park improvements to Valley Unit Park, has been adopted; and
WHEREAS, these improvements within Special Improvement District No. 660, if
constructed, shall require annual maintenance; and
WHEREAS, Section 7-12-4102, M.C.A., provides that the City may create special
improvement maintenance districts for the purpose of maintaining, preserving and caring for
improvements, authorized by this section; and
WHEREAS, Section 7-12-4179, M.C.A., provides that the City may levy and assess
the costs of maintenance against the properties within said district; and
WHEREAS, the City Commission has received a written petition from property
owners within Valley Unit Subdivision, requesting the creation of a special improvement
district for the purpose of maintaining, preserving and caring for the improvements to Valley
Unit Park that will be constructed under extended Special Improvement District No. 660; and
WHEREAS, receipt of the aforesaid petition was acknowledged by the City
Commission during its meeting of May 10, 1993; and
WHEREAS, the Bozeman City Commission has determined, and hereby declares, that
the public interest and convenience requires the creation of the special improvement
maintenance district as hereinafter defined for the purposes of maintaining, preserving and
caring for improvements hereinafter described; and
,^'HEREAS, the maintenance of the improvements to Valley Unit Park are of more
than local or ordinary benefit, which requires that said district be an extended district; and
the properties within this maintenance district are especially benefited by the maintenance
of these improvements.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana:
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Section 1
Declaration of Intention
That it is hereby declared to be the intention of the City of Bozeman to create an
extended special improvement maintenance district known and designated as "Special
Improvement Maintenance District No. 661" of the City of Bozeman for purposes of
maintaining, preserving and caring for the improvements to Valley Unit Park, as constructed
under extended Special Improvement District No. 660.
Section 2
Boundaries
The boundaries for Special Improvement Maintenance District No. 661 are described
as follows, and as shown on the map attached hereto as Exhibit" A":
A tract of land consisting of a portion of the northeast quarter of Section
10, Township 2 South, Range 5 East, M.P.M., located in the City of
Bozeman, Gallatin County, Montana, and which includes Remainder Tracts
Band C of C.O.S. 1611 (Cascade Subdivision Phases 2 and 3); Cascade
Subdivision Phase I; Bridger Peaks Subdivision Phases I, 2A, and 3; a
portion of Valley Unit Subdivision Phase I; and Tract A of C.O.S. 1610, all
within the City of Bozeman and on file and of record with the Gallatin
County Clerk and Recorder, Gallatin County, Montana. The boundary of
Special Improvement District No. 660 is more particularly described as
follows:
Beginning at the east quarter.comer of said Section 1 0; thence North
89052'55" West, a distance of 2699.98 feet to the center of said Section
10; thence North 00027'38" East, a distance of 2665.90 feet to the north
quarter-corner of said Section 1 0; thence east along the north line of said
Section 10 a distance of 2560.81 feet; thence South 00005'57" East a
distance of 132.66 feet; thence South 35048'37" East a distance of
1 08.96 feet to a point on the east line of said Section 1 0; thence South
01015'08" East along the east line of said Section 1 0 a distance of
2451 .02 feet to the east quarter-corner of said Section 10, the point of
beginning, containing 162.70 acres.
Section 3
Character of Maintenance of Improvements
The maintenance of improvements to be performed within this district includes
mowing, trimming, watering, trash collection, path maintenance, spraying of trees, plowing
of sidewalks, control of weeds, and maintenance of playground equipment in Valley Unit
Park, as installed and constructed under extended Special Improvement District No. 660.
Section 4
Estimate of First Year Maintenance Cost
The district's share of the total estimated annual cost of maintenance for Fiscal Year
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1994-1995, including wages, operating supplies, water and equipment, is Seven Thousand
Dollars ($7,000).
Section 5
Finding of Benefit and Method of Assessment
The City Commission of the City of Bozeman hereby finds, determines and declares
that each of the lots, blocks, tracts, pieces and parcels of land, abutting and non-abutting,
situated within the boundaries of the district, will be especially benefited and affected by
maintenance of said improvements to Valley Unit Park, and the property included within the
district is hereby declared to be the property to be annually assessed for the cost and
expense of maintaining said improvements.
The annual maintenance cost is to be assessed annually against the entire district.
Each lot, block, tract or parcel of land within the district will be assessed annually for that
portion of the whole cost which its area bears to the area of the entire district, exclusive of
streets, avenues, alleys and public places.
The total actual assessable footage within the entire district is 4,520,540.12 square
feet and is the area on which all protests will be received, considered and determined. It is
also the square footage on which all annual assessments will be figured. The estimated
assessment rate for the 1994-1995 fiscal year is $0.00155 per square foot of assessable
property within the district. Rates for subsequent years will be established each year.
Section 6
Protests and Notices
That the regular session of the City Commission of the City of Bozeman, to be held
in the Commission Room, Municipal Building, 411 East Main Street, Bozeman, Montana, on
Monday, the 20th day of June 1994, at the hour of 7:00 p.m. of said day, is the time and
place when and where the City Commission will hear and pass upon all written protests, if
any, duly and regularly made and filed with the Clerk of the Commission for the City of
Bozeman not later than 5:00 p.m. on Wednesday, June 15, 1994, against the creation of
said Special Improvement District No. 661, the maintenance, preservation and care proposed
to be made pursuant thereto and the extent and character thereof, or either thereof; and the
Clerk of the City Commission is hereby directed to give notice in the manner and for the time
as by law required, of the adoption of this resolution of intention.
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PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana,
at a regular session thereof held on the 23rd day of May 1 994.
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ATTEST:
~r(.~
JUDY K. C RCORAN
Acting Clerk of the Commission
APPROVED AS TO FORM:
~&4M
PAUL J. WE
City Attorney
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BOUNDARY
o 600 1200 FEET
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APPROX. SCALE: 111 = 600'
S.I.M.D. 661 BOUNDARY MAP
EXHIBIT n A"
NOTICE IN RE
COMMISSION RESOLUTION NO. 2974 OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF
BOZEMAN, MONT ANA, TO CREATE AN
EXTENDED SPECIAL
MAINTENANCE IMPROVEMENT DISTRICT NO. 661.
NOTICE IS HEREBY GIVEN that on the 23rd day of May 1994, at a regular meeting
of the City Commission of the City of Bozeman, Montana, said Commission duly and
regularly passed and adopted Commission Resolution No. 2974, entitled:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF
BOZEMAN TO CREATE AN EXTENDED SPECIAL
IMPROVEMENT
MAINTENANCE DISTRICT NO. 661 FOR PURPOSES OF MAINTAINING,
PRESERVING AND CARING FOR THE IMPROVEMENTS TO VALLEY UNIT
PARK TO THE CITY OF BOZEMAN, MONTANA.
A copy of said Commission Resolution No. 2974 is on file in the office of the Clerk
of the City Commission at 411 East Main Street, Bozeman, Montana, which sets forth the
description of the boundaries.
NOTICE IS HEREBY FURTHER GIVEN that Monday, the 20th day of June 1994, at
the hour of 7:00 p.m., at the Commission Room, Municipal Building, 411 East Main Street,
Bozeman, Montana, is designated as the time and place for hearing and passing upon all
written protests, if any, duly and regularly made and filed with the Clerk of the Commission
for the City of Bozeman not later than 5:00 p.m. on Wednesday, June 15, 1994, against the
creation of said Special Improvement Maintenance District No. 661, for the purpose of
maintenance, preservation and care of the Valley Unit Park in the City of Bozeman.
A description of the boundaries of the property proposed to be constructed and
installed upon by said Commission Resolution No. 2974 is as follows:
DescriDtion
The boundaries of said Special Improvement Maintenance District No. 661 are
described as follows:
A tract of land consisting of a portion of the northeast quarter of Section
10, Township 2 South, Range 5 East, M.P.M., located in the City of
Bozeman, Gallatin County, Montana, and which includes Remainder Tracts
Band C of C.O.S. 1611 (Cascade Subdivision Phases 2 and 3); Cascade
Subdivision Phase I; Bridger Peaks Subdivision Phases I, 2A, and 3; a
portion of Valley Unit Subdivision Phase I; and Tract A of C.O.S. 1610, all
within the City of Bozeman and on file and of record with the Gallatin
County Clerk and Recorder, Gallatin County, Montana. The boundary of
Special Improvement District No. 660 is more particularly described as
follows:
Beginning at the east quarter-corner of said Section 10; thence North
89052'55" West, a distance of 2699.98 feet to the center of said Section
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10; thence North 00027'38" East, a distance of 2665.90 feet to the north
quarter-corner of said Section 10; thence east along the north line of said
Section 10 a distance of 2560.81 feet; thence South 00005'57" East a
distance of 132.66 feet; thence South 35048'37" East a distance of
108.96 feet to a point on the east line of said Section 10; thence South
01015'08" East along the east line of said Section 1 0 a distance of
2451 .02 feet to the east quarter-corner of said Section 10, the point of
beginning, containing 162.70 acres.
Section 1
Character of Maintenance of Improvements
The maintenance of improvements to be performed within this district includes
mowing, trimming, watering, trash collection, path maintenance, spraying of trees, plowing
of sidewalks, control of weeds, and maintenance of playground equipment in Valley Unit
Park, as installed and constructed under extended Special Improvement District No. 660.
Section 2
Estimate of First Year Maintenance Cost
The district's share of the total estimated annual cost of maintenance for Fiscal Year
1994-1995, including wages, operating supplies, water and equipment, is Seven Thousand
Dollars ($7,000).
Section 3
Finding of Benefit and Method of Assessment
The City Commission of the City of Bozeman hereby finds, determines and declares
that each of the lots, blocks, tracts, pieces and parcels of land, abutting and non-abutting,
situated within the boundaries of the district, will be especially benefited and affected by
maintenance of said improvements to Valley Unit Park, and the property included within the
district is hereby declared to be the property to be annually assessed for the cost and
expense of maintaining said improvements.
The annual maintenance cost is to be assessed annually against the entire district.
Each lot, block, tract or parcel of land within the district will be assessed annually for that
portion of the whole cost which its area bears to the area of the entire district, exclusive of
streets, avenues, alleys and public places.
The total actual assessable footage within the entire district is 4,520,540.12 square
feet and is the area on which all protests will be received, considered and determined. It is
also the square footage on which all annual assessments will be figured. The assessment
rate for the 1994-1995 fiscal year is $0.00155 per square foot of assessable property within
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- . . . .,
the district. Rates for subsequent years will be established each year.
Section 4
This notice is given pursuant to the provisions of Section 7-12-4106, M.C.A., and
all other applicable provisions of Title 7, M.C.A., relating to special improvement districts for
cities and towns, and any amendments thereof or thereto.
DATED this 24th day of May 1994.
~el151<. r .b7~A__.J
JUDY K. ORCO AN
Acting Clerk of the Commission
Legal Ad
Publish: May 31, June 1, 2, 3 and 5,1994
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