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HomeMy WebLinkAboutResolution 2786 Intent to create SID 655 for street improvements in Westfield Sub . '!. COMMISSION RESOLUTION 2786 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 SPECIAL IMPROVEMENT DISTRICT NO. 655 FOR THE PURPOSE OF ACCOMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION, INSTALLATION, IN- SPECTION AND ENG I NEERI NG CERTIFICATION OF ASPHALT STREET PAVING, INTEGRAL CURB AND GUTTER, AND STORM DRAINAGE IMPROVEMENTS ON CONCORD DRIVE AND A POR- TION OF AN UNNAMED NORTH/SOUTH STREET IN WESTFI ELD SUBDIVISION, PHASE " (FORMERLY REFERRED TO AS FIELDSTONE DRIVE) , AND ALL OTHER NECESSARY APPURTE- NANCES TO LOCAL STANDARDS LESS SIDEWALKS: AND SIDE- WALK IMPROVEMENTS ALONG THE WEST SIDE OF THAT POR- TION OF WAGON WHEEL ROAD BORDERING WESTFIELD SUBDIVI- SION, PHASE II. WHEREAS, a certain property owner has submi tted a written request dated April 20, 1990, to the City signifying his intent to participate in a special improvement district created for the purpose of constructing street im- provements for Concord Drive and a portion of an unnamed north/ south street in Westfield Subdivision, Phase " (formerly referred to as Fieldstone Drive), along with sidewalk improvements along the west side of that portion of Wagon Wheel Road bordering Westfield Subdivision, Phase II; and WHEREAS, recei pt of the aforesa id proposa I was acknowledged by City Commission during its meeting of Apri I 30, 1990. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: Section 1 Declaration of Intention That it is hereby declared to be the intention of the City of Bozeman to create a special improvement district known and designated as Special Improve- ment District No, 655 of the City of Bozeman for the purpose of constructing and installing street paving improvements to include all subgrade preparation, gravel base course, asphaltic concrete mat, concrete curbs and gutters, curb inlet catch ba sin s , sediment traps and storm drain lines and other necessary appurtenances on Concord Drive and a portion of an unnamed north/south street in Westfield Subdivision, Phase " ( formerly referred to as Fieldstone Drive) , to local street standards less sidewalks, along with sidewalk improve- ments along the west side of that portion of Wagon Wheel Road bordering West- field Subdivision, Phase II. Section 2 Boundaries The boundaries for Special Improvement District No. 655 are described ---------------------- ------~- ------ -- .--.._,,-~_.,',.,----- -".-.--.-.".-.... --.....-------------.- -.--..- .--.-. , as follows: All lots within Westfield Subdivision, Phase II, located within the City of Bozeman in the southeast one-quarter of Section 24, Township 2 South, Range 5 Ea st, Montana Principal Meridian, more particularly described as follows: Beginning at the East t corner of said Section 24; thence South 00014'07" West, along the centerline of Wagon Wheel Road, a dis~ tance of 769.82 feet; thence North 89044'28" West, a distance of 30.00 feet to the southeast corner of the Westfield Subdivision, Phase II, and the true point of beginning; thence South 89017'33" West, along the south line of said subdivision, a distance of 750.00 feet; thence North 81043'43" West, a distance of 63.83 feet; thence South 89017'33/1 West, a distance of 250.00 feet to the east right-of-way of Fieldstone Drive extended; thence North 00006'08/1 East, along said right-of-way, a distance of 40.00 feet; thence South 89017'33" West, a distance of 188.00 feet to the east right-of-way of South Third Avenue; thence North 00006'08" East, along said right-of-way, a distance of 415.00 feet to the south- west corner of Westfield Subdivision, Phase I ; thence South 89053'52" East, a distance of 18.00 feet; thence South 78030'00" East, a distance of 170.08 feet to a point on the east right-of-way of Fieldstone Drive; thence southeasterly along said right-of-way on a 127.50-foot radius curve to the left an arc distance of 25.36 feet; thence South 88053'40" East, a distance of 530.41 feet; thence North 84053'28" East, a distance of 260.57 fee t ; thence North 89017'33/1 East, a distance of 280.00 feet to a point on the west right-of-way of Wagon Wheel Road; thence South 00014'07" West, along said right-of-way, a distance of 406.81 feet to the true point of beginning. Said boundary containing 327,776 assessable square feet. Section 3 Character of Improvements The character of improvements to be made is the installation and con- struction of a standard City of Bozeman street section, including subgrade preparation, gravel base cou rse, asphaltic concrete surface course, integral curb and gutter, storm drain inlet catch basins, a sediment trap/detention man- hole, reinforced concrete pipe storm drain outfall and all other necessary ap- purtenances, as well as a concrete sidewalk installed along Wagon Wheel Road in accordance with City of Bozeman sidewalk policy standards. Section 4 Estimate of Cost The total estimated cost of the improvements within the district, includ- ing engineering, contingency, special improvement district revolving fund and incidental expenses, is One Hundred Thirty-seven Thousand and no/100 Dollars ($137,000.00). Section 5 Method of Assessment The cost is to be assessed against the entire district. Each lot, block, tract or parcel of land within the district will be assessed for that portion of the whole cost which its area bears to the area of the entire district, exclusive - 2 - ....-.-..-....--- -..--.-.--..-". -.----...--.- . of streets, avenues, alleys and public places. The total actual assessable footage within the entire district is 327,776 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 assessments will be figured. Sect ion 6 Payments The payments for said improvements shall be made in t hirty (30) semi- annual installments extending over a period of fifteen (15) years, but this shall not be construed to prevent payment in full at any regular payment date by any property owner who desires to do so. I t is proposed to pay the entire cost and expense of the engineering, construction and installation of said im- provements with cash to be obtained from the sale of bonds of said Special Im- provement District No. 655 as authorized by law. Such bonds will be in denom- inations of Five Thousand Dollars ($5,000) each, and fractions or multiples of $5,000 where necessary, to be issued and chargeable against a fund known and designated as Special Improvement District No. 655 Fund of the City of Bozeman. The bonds will be redeemable at the option of the City, singly or in multiples, and in the order of their registration, from whatever funds are avail- able for the purpose in said Special Improvement District No. 655. Said bonds shall draw a simple interest from the date of their registration until called for payment, which interest shall be chargeable as part of the cost of construction and installation of said improvements. The bonds wi II be issued and sold in ac- cordance with the provisions of Section 7-12 -4201 and Section 7-12-4223, M.C.A., and all other applicable provisions of Title 7, M.C.A., relating to spe- cial improvement districts for cities and towns, and any amendments thereof. Section 7 Protests and Notices That the regular session of the City Commission of the City of Bozeman, to be held in the Commission Room, City Hall, Bozema n , Montana, on Monday, the 4th day of June 1990, at the hour of 7:00 p.m. of said day, is the time and place, when and where the City Commission wi II hear and pass upon a/l protests duly and regularly made and filed against the creation of said Special Improve- ment District No. 655, the improvements proposed to be made pursuant thereto and the extent and character thereof, or either thereof; and the Clerk of the City Commission be, and she is hereby directed to give notice in the manner - 3 - .- -.. ----.-------..--.-.--...--- --- - . and for the time as by law required, of the adoption of this resolution of inten- tion. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular and stated session thereof held on the 14th day of May 1990. Rof(dJ~or ATTEST: ~/~ RO N L. SULLIVAN Clerk of the City Commission City .. -I I . . . - 4 - ------------- --- .-.---. -- . .---.--.- on. ..._..____ ........--- . _____._....."._u._._______..__......_____.______.._. _ _..._.._n.... ._.... ____._.._....___.. . NOTICE IN RE COMMISSION RESOLUTION NO. 2786 OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, MONTANA, TO CREATE A SPECIAL IMPROVEMENT DISTRICT NO. 655. NOT I CE IS HEREBY GIVEN that on the 14th day of May 1990, at a regu- lar meeting of the City Commission of the City of Bozeman, Montana, said Com- mission duly and regularly passed and adopted Commission Resolution No. 2786, 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 SPECIAL IMPROVEMENT DISTRICT NO. 655 FOR THE PURPOSE OF ACCOMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION, I NST ALLA TION, IN- SPECTION AND ENGINEERING CERTIFICATION OF ASPHALT STREET PA VI NG, INTEGRAL CURB AND GUTTER, AND STORM DRAI NAGE IMPROVEMENTS ON CONCORD DRIVE AND A POR- TION OF AN UNNAMED NORTH /SOUTH STREET IN WESTFI ELD SUBDIVISION, PHASE " (FORMERL Y REFERRED TO AS FI ELDSTONE DRIVE) , AND ALL OTHER NECESSARY APPURTE- NANCES TO LOCAL STANDARDS LESS SIDEWALKS: AND SIDE- WALK IMPROVEMENTS ALONG THE WEST SIDE OF THAT POR- TION OF WAGON WHEEL ROAD BORDERING WESTFIELD SUBDIVI- S ION, PH AS E ". A copy of said Commission Resolution No. 2786 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 4th day of June 1990, at 7: 00 p.m. at the Commission Room of the City Hall, 411 East Main Street, Bozeman, Montana, is designated as the time and place for hearing and passing on all protests made to the action proposed to accomplish the engineer- ing design, construction, inspection and engineering certification of asphalt paving, concrete curb and gutter, and all other necessary appurtenances upon the following described property within the corporate limits of the City of Bozeman, Montana. Protest against proposed work and/or creation of said Dis- trict by any owner of property liable to be assessed for said work must be made in writing, identifying the property owned within the District, be signed by all owners of said property and filed with the Clerk of the City Commission of the City of Bozeman not later than 5 :00 p.m. on the last day of the fifteen (15) day period after the date of first publication of this notice. A description of the boundaries of the property proposed to be con- structed and installed upon by sa id Commission Resolution No. 2786 is as fol- lows. --~---- ---~-- --- ----- -.---- ------------------ - ..-------..-. -.-- . . Description The boundaries of said Special Improvement District No. 655 are de- scribed as follows: All lots within Westfield Subdivision, Phase II, located within the City of Bozeman in the southeast one-quarter of Section 24, Township 2 South, Range 5 Ea st, Montana Principal Meridian, more particularly described as follows: Beginning at the East i- corner of said Section 24; thence South 00014'0711 West, along the centerline of Wagon Wheel Road, a dis- tance of 769.82 feet; thence North 89044'2811 West, a distance of 30.00 feet to the southeast corner of the Westfield Subdivision, Phase II, and the true point of beginning; thence South 89017'3311 West, along the south line of said subdivision, a distance of 750.00 feet; thence North 81043'4311 West, a distance of 63.83 feet; thence South 89017'3311 West, a distance of 250.00 feet to the east right~of~way of Fieldstone Drive extended; thence North 00006'0811 East, along said right-of-way, a distance of 40.00 feet; thence South 89017'3311 West, a distance of 188.00 feet to the east right~of-way of South Third Avenue; thence North 00006'0811 East, along said right-of-way, a distance of 415.00 feet to the south- west corner of Westfield Subdivision, Phase I ; thence South 8905315211 East, a distance of 18.00 feet; thence South 78030'00" East, a distance of 170.08 feet to a point on the east right-of-way of Fieldstone Drive; thence southeasterly along said right-of-way on a 127. 50~foot radius curve to the left an arc distance of 25.36 feet; thence South 88053'40" East, a distance of 530.41 feet; thence North 84053'28" Ea s t, a distance of 260.57 feet; thence North 89017'33" East, a distance of 280.00 feet to a point on the west right-of-way of Wagon Wheel Road; thence South 00014'07" West, along said right~of-way , a distance of 406.81 feet to the true point of beginning. Said boundary containing 327,776 assessable square feet. Section 1 Character of Improvements The character of improvements to be made is the installation and con~ struction of a standard City of Bozeman street sect ion, including subgrade preparation, gravel base cou rse, asphaltic concrete surface cou rse, integral curb and gutter, storm drain inlet catch basins, a sediment trap/detention man- hole, reinforced concrete pipe storm drain outfa II and all other necessary appurtenances, and installation of sidewalk to City sidewalk policy standards. Section 2 Estimate of Cost The total estimated cost of the improvements within the district, inc/ud~ ing engineering, contingency, special improvement district revolving fund and incidental expenses, is One Hundred Thirty-seven Thousand and no/l00 Dollars ($137,000.00). Sect ion 3 Method of Assessment The cost is to be assessed against the entire district. Each lot, block, tract or parcel of land within the district will be assessed for that portion of - 2 - - --------- . . 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 327,776 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 assessments will be figured. 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 spe- cial improvement districts for cities and towns, and any amendments thereof or thereto. DA TED this 14th day of May 1990. (2~ ri .J!JL Clerk of the City Commission Publ ish: May 16, 17, 18, 20, and 21, 1990 ~ ,~, I I . - 3 - ---- - ------------- --- --- ---- -- ---- .. --------- -...- ,--.-- . . COMMISSION RESOLUTION NO. 2786 I ntent to create SID No. 655 - Accompl ishing the engineering design, construction, installation, inspection and engineering certification of the asphalt paving, concrete curb and gutter, and storm drainage improvements on Concord Drive and a portion of an unnamed north/south street in Westfield Subdivision, Phase II (formerly referred to as Fieldstone Drive), and all other necessary ap- purtenances to local street standards less sidewalks, and the installation of sidewalks along the west side of that portion of Wagon Wheel Road adjacent to Westfield Subdivision, Phase II, in accordance with City sidewalk policy stan- dards. SID No. 655 Name and Mailing Address Description Clair W. Daines All of Westfield Subdivision, 67 West Kagy Boulevard Phase II Bozeman, Montana 59715 This is to certify that I did personally mail at the Post Office in the City of Bozeman, on May 16, 1990, postage prepaid, a copy of the attached No- tice in Re to the foregoing owner in Special Improvement District No. 655. ~ ~~o o rz:.-.; R IN L. SULLlV Clerk of the City Commission Subscribed and sworn to before me this 16th day of May, 1990. <I] . . . '.. " tvv---- N~TARY PUSt FOR THE STATE OF MONTANA Residing at .B6zeman, Montana My Commission expires: cr /1'-1/90 __.,_ .,._____n_ - .- _________s___ _> _.__~_. _ _. /. ~~ ,_~_ _~ ___~ .- " " , . r-, . 'D I _.~.- t"4' '., fvc --<--~," ,,,,<-. '. ---t,.../rj,. W::==" 01.-...... ~ ___-'--J ...;. ~N'l'.J (>4-k 'i / ~ ~ A PLA.T. 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