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HomeMy WebLinkAboutResolution 2392 Intent to create SID 638 for sanitary sewer main 1 .' .)'.. COMMISSION RESOLUTION NO. 2392 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 638 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A SANITARY SEWER MAIN AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN EIGHT (8) INCH SANI- TARY SEWER MAIN AND THE NECESSARY APPURTENANCES ON EAST MAIN STREET, IN THE CITY OF BOZEMAN, MONTANA. THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER MAINS SHALL INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, INSTALLATION OF SEWER MAIN, NECESSARY WYES, SERVICE LINE STUBS, MANHOLES, AND OTHER NECESSARY APPURTENANCES THERETO. I WHEREAS, there has been filed with the Clerk of the City Commission of the City of Bozeman, Montana, a petition in due form of certain owners of properties situated within the boundaries of Special Improvement District No. 638 as hereinafter more specifically described, asking that a special improvement district be created for the purpose of constructing and in- stalling sanitary sewer mains to provide sanitary sewer service to lots within the district. WHEREAS, that at a regular meeting of the City Commission of the City of Bozeman held on the 24th day of June 1981, the aforesaid petition was respectively considered and granted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN: Section One Declaration of Intention That it is hereby declared to be the intention of the City of Bozeman to create a special improvement district to be known and designated as Special Improvement District No. 638 of the City of Bozeman for the purpose of constructing and installing sanitary sewer lateral mains, said project to include all appurtenant work for the construction and installation of a sanitary the sewer system to provide sanitary sewer service for all lots within/district. I Section Two Boundaries The boundaries of said Special Improvement District No. 638 are described as follows: A tract of land being portions of Blocks 22, 23 and 24 of the Northern Pacific Addition to the City of Bozeman, being Certificate of Survey No. 466, Gallatin County Records and located in the Northeast One quarter of Section 7 ~filV~ ~~~~~/~/~iiVh/and in the Northwest One quarter and Southwest One Quarter of Section 8, Township 2 South, Range 6 East, Principal Meridian Montana, Gallatin County, Montana, and being more particularly described as follows: Beginning at the northwest corner of Certificate of Survey Number 466, said point being on the southerly right-of-way of U.S. Highway No. 10; thence easterly slong said right-of-way through the following five traverse steps; thence South 88 2313811 East, a dis~ance of 72.78 feet; thence along a curve to the right, having a central angle of 07 45'~01l and a radius of 1148.70 feet, an arc distance of 155.43 feet; thence South 06 03'40" East, a distance of 10.38 feet; thence along a curve to the right, having a central angle of 14 27'1311 and a radius of 1138.70 feet, an arc distance of 79.51 feet to the point of beginning; thence along said arc a distance of 190.43 feet; thence SOHth 65 49'30" East, a distance of 392.50 feet; thence leaving said right-of-way, South 01 06'5011 West, a distance of 89.52 feet; thence North 88 30'4311 West, a distance of 357.37 feet, to a point on the right-of-way of East Babcock Street; Shence along said right-of-way, along a curve to the left, having a central I angle 10001'56" and a radius of 160.00 feet, an arc distance of ~8.02 feet; thence North 01 58'35" East, a distance of 135.~0 feet; thence North 88 28'37" West, a distance of 184.54 feet; thence North 02 47'00" East, a distance of 153.59 feet, to the point of beginning and containing 2.01 acres. Lots Said area to include/3, 4 and 5 of the Amended Subdivision Plat of a portion of Blocks 22, 23 and 24 Northern Pacific Addition to the City of Bozeman, Gallatin County, Montana. COMMISSION RESQLUlION NO. 2392 107 I Section Three Character of Improvements The character of the improvements to be made is the installation and construction of eight-inch sanitary sewer mains including trench excavation and backfill, bedding material, manholes, cleanouts, service lines and other necessary appurtenances thereto. Section Four Estimate of Cost The total estimated cost of the improvements within the district including engineering, legal and contingency is $12,500.00 I Section Five Method of Assessment The cost of such improvement 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 of streets, avenues, alleys and public places. The total actual assessable area within the entire district is 87,643.93 square feet and is the area on which all protests will be received, considered, and determined. It is also the area on which all assessments will be figured. Section Six Payments The payments for said improvements shall be made in twenty (20) annual installments extending over a period of nineteen (19) years, but this shall not be construed to prevent pay- ment in full at any regular payment date by any property owner who desires to do so. It is proposed to pay the entire cost and expense of the construction and installation of said improve- ments with cash to be obtained from the sale of bonds of said Special Improvement District No. 638 as authorized by law. Such bonds will be in denominations of $100.00 each, and fractions or multiples of $100.00 where necessary, to be issued and chargeable against a fund to be known and designated as Special Improvement District No. 638 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, whenever funds are available for the purpose of said Special Improvement District No. 638. 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 improvement. The bonds will be issued and sold in accordance with the provisions of Section 7-12-4201 and Section 7-12-4223, Montana Code Annotated, and all other applicable provisions of Title 7, Montana Code Annotated, relating to special improvement districts in cities and towns, and any amendments thereof or thereto. I Section Seven Protests and Notices That the regular session of the City Commission of the City of Bozeman, to be held at the Commission Chamber, City Hall Building, Bozeman, Montana, on Wednesday, the 17th day of COMMISSION RESOLUTION NO. 2392 1 , '"' February 1982, at the hour of 1:15 o'clock p.m. of said day, is the time and place, when and where the City Commission will hear and pass upon all protests duly and regularly made and filed against the creation of said proposed Special Improvement District No. 638 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 and for the time as by law required, of the adoption of this Resolution of Intention. ADOPTED by the Commission of the City of Bozeman, Montana, at a regular and stated session of said Commission held on the 27th day of January 1982. MAYOR ATTEST: Clerk of the City Commission NOTICE IN RE COMMISSION RESOLUTION NO. 2392 OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, MONTANA, TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 638. NOTICE IS HEREBY GIVEN that on the 27th day of January 1982, 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. 2392 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 A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 638 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A SANITARY SEWER MAIN AND APPURTENANCES TO SERVE THE ADJOINING PRO- PERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN EIGHT (8) INCH SANITARY SEWER MAIN AND THE NECESSARY APPURTENANCES ON EAST MAIN STREET, IN THE CITY OF BOZEMAN, MONTANA. THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER MAINS SHALL INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, INSTALL- ATION OF SEWER MAIN, NECESSARY WYES, SERVICE LINE STUBS, MANHOLES, AND OTHER NECESSARY APPURTENANCES THERETO. NOTICE IS HEREBY FURTHER GIVEN, that Wednesday, the 17th day of February, 1982, at 1:15 o'clock p.m. at the Commission Room of the City Hall, Bozeman, Montana, is designated as the time and place for hearing objections to the action proposed to construct and install a sanitary sewer main and appurtenances necessary thereto on East Main Street, in the City of Bozeman, Montana, including all trench excavation and backfill, bedding material, installation of sewer main, necessary wyes, service line stubs, manholes, and other necessary appurtenances thereto, upon the following described contiguous territories within the corporate limits of the City of Bozeman, Montana. Expressions of approval or disapproval by resident freeholders of the territories proposed to be constructed and installed upon must be made in writing and filed with the Clerk of the City Commission of the City of Bozeman not later than fifteen (15) days after the date of the first publication of this notice. COMMISSJON R~_S9WT1QN NO. 2392 I I I 108 A description of the boundaries of the territories proposed to be constructed and I installed upon by said Commission Resolution No. 2392 is as follows: A tract of land being portions of Blocks 22, 23 and 24 of the Northern Pacific Addition to the City of Bozeman, being Certificate of Survey No. 466, Gallatin County Records and located in the Northeast One quarter of Section 7 and in the Northwest One quarter and Southwest One Quarter of Section 8, Township 2 South, Range 6 East, Principal Meridian Montana, Gallatin County, Montana, and being more particularly described as follows: Beginning at the northwest corner of Certificate of Survey Number 466, said point being on the southerly right-of-way of U.S. Highway No. 10; thence easterly a,sng said right-of-way through the following five traverse steps; thence South 88 23138" East, a distance 06 72.78 feet; thence along a curve to the right, having a central angle of 07 45'10" and 8 radius of 1148.70 feet, an arc distance of 155.43 feet; thence South 06 03'40" East, a distance of 19.38 feet; thence along a curve to the right, having a central angle of 14 27113" and a radius of 1138.70 feet, an arc distance of 79.51 feet to the point of be8inning; thence along said arc a distance of 190.43 feet; thence South 65 49'30" East, a distance of 392.50 feet; thence leaving said sight-of-way, South 01006151" West, a distance of 89.52 feet; thence North 88 30'43" West, a distance of 357.37 feet, to a point on the right-of-way of East Babcock Street; thence a60ng said right-of-way, along a curve to the left, having a central angle 10 0115r and a radius of 160.00 feet, an arc distance of 28.02 fent; thence North 01 5813511 East, a distance of 135.40 fent; thence North 88 28137" West, a distance of 184.54 feet; thence North 02 4710011 East, a distance of 153.59 feet, to the point of beginning and containing 2.01 acres. Lots Said area to include/3, 4 and 5 of the Amended Subdivision Plat of a portion of Blocks 22, 23 and 24 Northern Pacific Addition to the City of Bozeman, Gallatin County, Montana. Section 1 I Character of Improvements The character of improvements being considered to be constructed and installed are eight-inch sanitary sewer mains including trench excavation and backfill, bedding material, manholes, clean outs, service lines and other necessary appurtenances thereto. Section 2 Estimated Cost The estimated cost of the improvements within the district including engineering, legal and contingency is $12,500.00. Section 3 Method of Assessment The cost of maintaining such improvement is to be assessed against the entire district; each lot or parcel of land within such district will be assessed for that part of the whole cost which its frontage bears to the total frontage within the district. The total area within the district is 87,634.93 square feet and is the footage on which all protests will be received, considered, and determined, and on which all assessments will be calculated. Section 4 I This notice is given pursuant to the provisions of Section 7-12-4201 and 7-12-4223, Montana Code Annotated, and all other applicable provisions of Title 7, Montana Code Annotated, relating to special improvement districts for cities and towns, and any amendments thereof or thereto. DATED this 27th day of January 1982. Clerk of the City Commission COMMISSION RESOLUTION NO. 2392 1 ,. State of Montana ) County of Gallatin) City of Bozeman ) I. Robin L. Sullivan. Clerk of the City Commission of the City of Bozeman.do hereby certify that the foregoing Notice in Re No. 2392 was published in length in the City. in the issues dated January 31, February 1st. 2nd. 3rd' and 4th. -1982. and due proof of such publication is on file in my office. I Bozeman Daily Chronicle. a newspaper of ~neral circulation printed and published in said IN WITNESS WHEREOF. I hereunto set my hand and affix the corporate seal of my office this 29th day of January 1982. Clerk of the City Commission I I COMMISSION RESOLUTION NO. 2392