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HomeMy WebLinkAboutResolution 2491 Intent to create SID 645 for improveents to Sourdough Creek Lv COMMISSION RESOLUTION NO. 2491 A RESOLUTION OF THE ClTY COMMISSI,ON OF TIlE CI'TY' OF l3;ClZEMAN, MONTANA, DECLARING IT TO BE THE INTENTIOl\f OF THE CITY' OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DI'STRICT NO. 645 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A SANI- TARY SEWER AND APPURTENANCES' TO SERVE AD..'J'OI:NING PROPERTI'ES AND MORE SPECIFICALLY DESCRIBED AS FOLLOW$': AN EIGHT (8) INCH SANITARY SEWER, MANHOLES, AND SERVICE STUBS TO THE PROPERTY LINE, AND NECESSARY APPURTENANCE~, F~OM A POINT APPROXIMATELY 125 FEET WEST OF SOURDOUGH CREEK TO THE INTER- SECTION OF KAGY BOULEVARD AND SOURDOUGIl R02\D, TO SERVE l'R.0- PERTY LOCATED WITHIN GRAF1S SECOND SUBDIVl'SI'ClN AND OTHER PROPERTY EAST OF SOURDOUGH ROAD. I THE CONSTRUCTION AND INSTALLATION OF THE SANXTARY SEWER TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDXNG MATERIAL, SANITARY SEWER LINES, MANHOLES, SERVICE LINE STUaS, AND OTHER NECESSARY APPURTENANCES. WHEREAS, there has been filed wi.th the Clerk of the City commissi.on of the City of Bozeman, Montana, a petition in due form of certain owners of properties situated within the boundaries' of S'pec~al I:mpro'V'ement Dis,trict No. 645 as hereinafter more specifically described, ask~ng that a 5'pecial Improvement District be created for the purpose of constructing and install- ing sanitary sewer to provide service to lots wtthin the d.:,i:strict; and WHEREAS, at a regular meeting of the City Commission ef the City of Bozeman held on the 14th day of November 1983, the afo:r;e5a~d petition was respectively considered and granted. NOW, THEREFORE, BE IT RESOLVED by the C.:ity Comnlission (!)f the City ~f Section 1 I Bozeman: Declaration of rntention That it is hereby declared to be the ~ntent.:ion of the City of Bozeman to create a Special Improvement District to be known and designated as Special Improvement District No. 645 of the City of Bozeman for the purpose of constructing 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 2 Boundaries The boundaries of said Special Improvement District No. 645 are described as follows: Description A tract of land in the SE~, Section 18, T2S, R6E, MPM, in Gallatin County, Montana, being a portion of Graf1s 2nd Subdivision to the City of Bozeman, recorded by the Gallatin County Clerk and Recorder on 9 July 1964 and more particular- ly described as follows: Beginning at the Southeast corner of Lot 22, said Graf1s 2nd Subdivision, thence 260.40 feet, on a bearing of S 640421 W I COMMISSION RESOLUTION NO. 2491 403 I to the SW corner Lot 7 on the east right-of-way of Sourdough Road6 thence on N 26043' W a distance of 122.2 feet, thence N 29 03' W a distance of 132.9 feet, thence N 29018' W a distance of 97.8 feet to the south side of the intersection of O'Connell Drive and Sourdough Road, thence in the north- westerly direction across O'Connell Drive 60 feet to the South corner of Lot 10, thence N 32048' W a distance of 246.g feet, thence N 65049' E a distance of 196.2 feet, thence N 28 19' W a distance of 108.1 feet thence N 640 51' E a distance of 186.90 feet, thence N 526 II' E a distance of 308.80 feet6 thence N 350 46' E a distance of 99.9 feet, thence S 37 01 E, a distance of 131.2 feet, thence S 680 19' E a distance of 71.5 f~et, thence S 70 35' E a distance of 99.7 feet, thence S 11 52' W a distance of 97.6 feet, thence S 300 51' E a distance of 92.8 feet thence S 480 57' E a distance of 102.1 feet, thence S 176 27' E a distance of 55.0 o . feat, thence S 15 0' E a distance of 287.50 f~et, thence S 22 08' E a distance of 79.9 feet, thence S' 47 20' E a distance of 87.0 feet, thence S 360 02' W' a distance of 149.4 feet, to the southernmost corner of Lot 34, thence in a southeasterly direction to the northeast corner Lot 18, said Graf's 2nd subdivision, thence along the south right-of- way of Lomas Drive a distance of 408.10 feet westerly to the point of beginning and including Lots 7-17, 22-41 of said Graf's 2nd Subdivision to the City of Bozeman, Montana. Section 3 Character of Improvements The character of the improvements to be made is the installation and construction of an eight (8) inch santtary sewer, including trench excavation and backfill, bedding material, manholes and sewer stubs, and other necessary appurtenances thereto. Section 4 I Estimate of Cost The total estimated cost of the improvements within the District, inclu- ding engineering, legal, administration and 6 percent coverage, and contingency is $42,000. Section 5 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 wh.ole 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 508,380.0 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 6 Payments The payments for said improvements shall be made in twenty (20) annual I 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 COMMISSION RESOLUTION NO. 2491 4. 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. 645 as authorized by law. Such bonds will be in denominations of $100.00 each, and fractions or multiples of $100.00 where necessary, to Improvement District No. 645 Fund of the City of Bozeman. The bonds will I be issued and chargeable against a fund to be known and designated as Special be redeemable at the option of the City, singly or in multiples, and in the order of their registration, from whatever funds are available for the pur- pose in said Special Improvement District No. 645. 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 will be .ts'sued 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 D.tstricts in cities and towns, and any amendments thereof or thereto. Section 7 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, I on Monday, the 16th day of January 1984, 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. 645, 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 the said Commission to be held on the 19th day of December 1983. Mayor ATTEST: (~, (J' I Clerk of the City Commission \ COMMISSION RESOLUTION NO. 2491 405 NOTICE IN RE COMMISSION RESOLUTION NO. 2491 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. 645. I NOTICE IS HEREBY GIVEN that on the 19th day of December 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. 2491 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 I'MPROVEMENT DISTRICT NO. 645 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A SANITARY SEWER AND APPURTENANCES TO SERVE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN EIGHT (8) INCH SANITARY SEWER, MANHOLES, AND SERVICE STUBS TO THE PROPERTY LINE, AND NECESSARY APPURTENANCES, FROM A POINT APPROXI- MATELY 125 FEET WEST OF SOURDOUGH CREEK TO THE INTER- SECTION OF KAGY BOULEVARD AND SOURDOUGH ROAD, TO SERVE PROPERTY LOCATED WITHIN GRAFts SECOND SUBDIVISION AND OTHER PROPERTY EAST OF SOURDOUGH ROAD. 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', th.e 16th day of January 1984, at 7:00 o'clock p.m. at the Commission Room of the City Hall, Bozeman, Montana, is designated as the time and place for h.earing objections to the I action proposed to construct and install a sanitary sewer and appurtenances 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 in- stalled 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. A description of the boundaries of the territories proposed to be con- structed and installed upon by said Commission Resolution No. 2491 is as follows: A tract of land in the SE~, Section 18, T2S, R6E, MPM, in Gallatin County, Montana, being a portion of Graf's 2nd Subdivision to the City of Bozeman, recorded by the Gallatin County Clerk and Recorder on 9 July 1964 and more particularly described as follows: I Beginning at the Southeast corner of Lot 22, said Graf's 2nd ~ubdivision, thence 260.40 feet, on a bearing of S 64 42' W to the SW corner Lot 7 on the east right-of- way of Sourdough Road, Shence N 260 43' W a distance of 122.2 feet, thence N 29 03' W a distance of 132.9 feet, thence N 290 18' W a distance of 97.8 feet to the south side of the intersection of O'Connell Drive and Sourdough Road, thence in the northwesterly direction across O'Connell Drive 60 feet to the South corner of Lot 106 thence N 320 48' W a distance of 246.0 feet, thegce N 65 49' E a distance of 196.2 feet, thence N 28 19' W a distance of 108.1 feet, thence N 640 51' E a distance of 186.90 feet, thence N 520 II' E a distance of 308.80 feet, thence COMMISSION RESOLUTION NO. 2491 L -, J . N 350 46' E a distance of 99.9 feet, thence S 370 01' E a distance of 131.2 feet6 thence S 680 19' E a distance of 71.5 feet, thence S 7 35' E a distance of 99.7 feet6 thence SIlo 52' W a distance of 97.6 feet6 thence S 30 51' E a distance of 92.8 feet, thenge S 48 57' E a distance of 102.1 feet, thence S 17 27' E a distance of 55.0 feet, thence S 150 0' E a distance of 287.50 feet6 thence S 220 08" E a distance of 79.9 feet6 thence S 47 20' E a distance of 87.0 feet, thence S 36 02' W a distance of 149.4 feet, to the southernmost corner of Lot 34, thence in a southeasterly direction to the north- east corner Lot 18, said Graf's 2nd subdivision, thence along the south right-of-way of Lomas Drive a distance of 408.10 feet westerly to the point of beginning and including Lots 7-17, 22-41 of said Graf's 2nd Subdivision to the City of Bozeman, Montana. I Section 1 Character of Improvements The character of the improvements to be made is the installation and construction of a sanitary sewer and appurtenances to S,erve adjoining properties and more specifically described as follows: an eight (8) inch sanitary sewer, manholes and service stubs to the property line, and necessary appurtenances, from a point approximately 125 feet west of Sourdough Creek to the intersection of Kagy Boulevard and ~ourdough Road, to serve property located within Graf's Second Subdivision and other property east of Sourdough Road. The construction and installation of the sanitary sewer is to include all trench excavation and backfill, bedding Section 2 I material, sanitary sewer lines, manholes, service line stubs, and other necessary appurtenances thereto. Estimate of Cost The total estimated cost of the improvements within the District including engineering, legal, administration and six (6) percent coverage, and contingency is $42,000. Section 3 Method of Assessment The cost of such improvement is to be asses'sed 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 508,380.0 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 I will be figured. COMMISSION RESOLUTION NO. 2491 407 section 4 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 I amendments thereof or thereto. DATED this 22nd day of December 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 December 30, 1983, January 1, 2, 3 and 4, 1984, and said proof of such publication is on file in my office. IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my office this 12th day of January 1984. Clerk of the City conunission I I COMMISSION RESOLUTION NO. 2491