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HomeMy WebLinkAboutResolution 2462 Intent to create SID 641 - sanitary sewer, Graf's 1st. 315 COMMISSION RESOLUTION NO. 2462 I 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 NO. 641 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A SANI- TARY SEWER AND APPURTENANCES TO SERVE THE ADJOINING PROPER- TIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN EIGHT (8) INCH SANITARY SEWER, MANHOLES AND SERVICE STUBS TO THE PROPERTY LINE, AND NECESSARY APPURTENANCES, ON KENYON DRIVE, ANDERSON DRIVE AND O'CONNELL DRTVE, ALL IN GRAF'S FIRST SUBDIVISION, SECONDFIL!NG, IN THE CITY OF BOZEMAN, MONTANA. THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, SANITARY SEWER LINES, MANHOLES, 5ERVICE LINE STUBS, AND OTHER NECESSARY APPURTENANCES. 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 pro- perties situated within the boundaries of special Improvement District No. 641 as hereinafter more specifically described, asking that a Special Improvement District be created for the purpose of constructing and installing sanitary sewer to provide service to lots within the district~ and WHEREAS, at a regular meeting of the City Commission of the City of Bozeman held on the 25th day of April 1983, the aforesaid petition was respectively considered and granted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF I 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. 641 of the City of Bozeman for the purpose of construc- ting and installing sanitary sewers, said project to include all appurtenant work for the construction and installation of sanitary sewer to provide service to all lots within the district. Section Two Boundaries The boundaries of said Special Improvement District No. 641 are described as follows: A tract of land located in the East 1/2 of the SE 1/4, Section 18, Township 2 South, Range 6 East, Principal Meridian Montana; City of Bozeman, Gallatin County, Montana, and being more particularly described as follows: I Beginning at the East 1/4 corner of said Section 18; thence South 12056'12" West, a distance of 296.88 feet, to the true point of beginning; thence South 00001'00" East, along the westerly right- of-way of Highland Boulevard, a distance of 436.45 feet to the northerly right-of-way of O'Connell Drive; the following ten tra- verse steps are along the northerly boundary of Graf's First Sub- division; thence South 89059'00" West, a distance of 270.00 feet; thence South 00014'00" East, a distance of 90.00 feet; thence South 04025'00" West, a distance of 62.00 feet; thence South 280 22'00" West, a distance of 66.60 feet; thence South 48044'00" COMMISSION RESOLUTION NO. 2462 ') , :., .) ... . West, a distance of 50.00 feet; thence South 61031'20" West. a distance of 285.00 feet; thence North 52028'00" West, a distance of 154 feet; thence North 47059'20" West. a distance of 274.80 feet; thence North 31006'20" West. a distance of 37.20 feet; thence South 72023'40" West. a distance of 329.31 feet; to a point on the North-South 1/16th line of said Southeast 1/4; thence North 00010'23" West. along said North-South 1/16th line. a distance of 595.61 feet; thence North 89032'00" East. a distance of 1255.27 feet. to the true point of beginning. The above includes all lots and blocks in Graf's First Subdivision. Second Filing. Section Three character of Tmprovements The character of the improve:rrients to be made is the installation and construction of an eight (8) inch sanitary sewer, including trench excavation and backfill, bedding material, manholes and sewer stubs, and other necessary appurtenances thereto. Section Four Estimate of Cost The total estimated cost of the improvements within the District, in- cluding engineering, legal, administration and 5 percent coverage, and contingen- cy is $82,000.00. 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 446,643.47 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 payment 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 improvements with cash to be obtained" from the sale of bonds of said Special Improvement District No. 641 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 charge- able against a fund to be known and designated as Special Improvement District No. 641 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 CO~ISSION RESOLUTION NQ. 2462 I I I 317 whatever funds are available for the purpose in said Special Improvement District No. 641. Said bonds shall draw a simple interest from the date of their regis- tration until called for payment, which interest shall be chargeable as part of the cost of construction and installation of said improvements. The bonds will I 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 of Montana Code Annotated, relating to Special Improvement Districts in cities and towns, and any amendments thereof or thereto. 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 Monday, the 15th day of August 1983, 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 protests duly and regularly made and filed against the creation of said Special Improvement District No. 641, 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 I Resolution of Intention. ADOPTED by the Commission of the city of Bozeman, Montana, at a regular and stated session of the said Commission to be held on the 27th day of June 1983. Mayor ATTEST: Clerk of the City Commission NOTICE IN RE I COMMISSION RESOLUTION NO. 2462 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. 641. NOTICE IS HEREBY GIVEN that on the 27th day of June 1983, 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. 2462 entitled: COMMI~S~ON ~E~QLOT~ON N~. 2462 ")' .~ ... 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 IMPROVE- MENT NO. 641 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A SANITARY SEWER AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFI- CALLY DESCRIBED AS FOLLOWS: AN EIGHT (8) INCH SANI- TARY SEWER, MANHOLES AND SERVICE STUBS TO THE PROPER- TY LINE, AND NECESSARY APPURTENANCES, ON KENYON DRIVE, ANDERSON DRIVE AND O'CONNELL DRIVE, ALL IN GRAF'S FIRST SUBDIVISION, SECOND FILING, IN THE CITY OF BOZEMAN; MONTANA. I THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, SANITARY SEWER LINES, MANHOLES, SERVICE LINE STUBS, AND OTHER NECESSARY APPURTENANCES. NOTICE IS HEREBY FURTHER GIVEN that Monday, the 15th day of August, 1983, at 4:00 o'clock p.m. at the Commission Room of the City Hall, Bozeman, Montana, is designated as the time and place for hearing ~bjections to the action proposed to construct and install an eight (8) inch sanitary sewer, including trench excavation and backfill, bedding material, manholes and sewer stubs 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 free- holders 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 A description of the boundaries of the territories proposed to be I publication of this notice. constructed and installed upon by said Commission Resolution No. 2462 is as follows: A tract of land located in the East 1/2 of the SE 1/4, Section 18, Township 2 South, Range 6 East, Principal Meridian Montana; City of Bozeman, Gallatin County, Montana, and being more particularly described as follows: Beginning at the East 1/4 corner of said Section 18; thence South 12056'12" West, a distance of 296.88 feet, to the true point of beginning; thence South 00001'00" East, along the westerly right- of-way of Highland Boulevard, a distance of 436.45 feet to the northerly right-of-way of O'Connell Drive; the following ten tra- verse steps are along the northerly boundary of Graf's First Sub- division; thence South 89059'00" West, a distance of 270.00 feet; thence South 00014'00" East, a distance of 90.00 feet; thence South 04025'00" West, a distance of 62.00 feet; thence South 28022'00" West, a distance of 66.60 feet; thence South 48044'00" West, a distance of 50.00 feet; thence South 61031'20" West, a distance of 285.00 feet; thence North 52028'00" West, a distance of 154 feet; thence North 47059'20" West, a distance of 274.80 feet; thence north 31006'20" West, a distance of 37.20 feet; thence South 72023'40" West a distance of 329.31 feet; to a point on the North- South 1/16th line of said Southeast 1/4; thence North 00010'23" West, along said North-South 1/16th line, a distance of 595.61 feet; thence North 89032'00" East, a distance of 1255.27 feet to the true point of beginning. The above includes all lots and blocks in Graf's First Subdivision; Second Filing. I COMMISSION RESOLUTION NO. 2462 319 Section 1 Character of Improvements The character of improvements to be made is the installation and con- struction of an eight (8) inch sanitary sewer, including trench excavation I and backfill, bedding material, manholes and sewer stubs, and other necessary appurtenances thereto. Section Two Estimate of Cost The total estimated cost of the improvements within the District, in- cluding engineering, legal, administration and five (5) percent coverage, and contingency is $82,000.00. Section Three Method of Assessment The cost of such improvement is to be assessed against the entire dis- trict. 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 446,643.47 square feet and is the area on which all protests will be received, considered I and determined. It is also the area on which all assessments will be figured. Section Four This notice is given pursuant to the provisions of Section 7-12-4201 and 7-12-4223, 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 amend- ments thereof or thereto. DATED this 25th day of July 1983. Clerk of the City Commission State of Montana ) County of Gallatin) City of Bozeman ) I, Robin L. Sullivan, Clerk of the commission of the City of Bozeman, do hereby certify that the foregoing Notice in Re was published in length in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City, in the issues dated the 31st day of July and the 1st, 2nd, 3rd and 4th days of August 1984 and due proof of such publication is on file in my office. I IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my office this 9th day of August 1983. Clerk of the City Commission COMMISSION RESOLUTION NO. 2462