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Home My WebLink AboutResolution 2910 Intent to create SID 658 for street improvements to W. Babcock ~~~-- ... ' ........ _._~. "'- , COMMISSION RESOLUTION NO. 2910 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. 658 FOR THE PURPOSE OF ACCOMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION, INSPECTION AND ENGINEERING CERTIFICATION OF ASPHAL T CONCRETE STREET IMPROVEMENTS; STORM DRAINAGE; INTEGRAL CONCRETE CURB AND GUTTER; CONCRETE SIDEWALKS; . AND ALL OTHER NECESSARY APPURTENANCES TO COMPLETE THE ASPHALT PAVING IMPROVEMENTS IN AN APPROXIMATE 1100-FOOT PORTION OF WEST BABCOCK STREET IN THE CITY OF BOZEMAN, MONTANA. WHEREAS, the property owners have submitted a written petition, which petition was received by the City Commission, requesting the creation of a special improvement district for the purpose of constructing asphalt concrete street improvements; storm drainage; integral concrete curb and gutter; concrete sidewalks; and all necessary appurtenances to complete the asphalt paving improvements; and WHEREAS, receipt of the aforesaid petition was acknowledged by the City Commission during its meeting of February 1, 1993; and WHEREAS, the Bozeman City Commission has determined that the public . interest requires the creation of the special improvement district as hereinafter provided. 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 Improvement District No. 658" of the City of Bozeman for the purpose of constructing asphalt concrete street improvements; storm drainage; integral concrete curb and gutter; concrete sidewalks; and all other necessary appurtenances to complete the asphalt paving improvements. . Section 2 Boundaries The boundaries for Special Improvement District No. 658 are described as follows: A tract of land consisting of portions of the NEY4 and SEY4 of Section 10, Township 2 South, Range 5 East, M.P.M., including Cascade Subdivision Phases 1, 2 and 3, described in Certificate of Survey No. 1611; Bridger / -.-......,.. --- , Peaks Subdivision Phases 1, 2A and 3, described in Certificate of Survey No. 1005; Valley Unit Subdivision Phase 1; Tracts 1 and 2, described in Amended Plat No. J-92A, all within the City of Bozeman and on file and of record with the Gallatin County Clerk and Recorder, Gallatin County, Montana. The exterior boundaries of said tracts being particularly described as follows: Beginning at the east one quarter corner of said Section 10; thence . N89052'55"W along the centerline of West Babcock Street of the City of Bozeman, the east-west quarter-section line of said Section 10, 321.59 feet; thence S01 019'31 "W, 205.96 feet; thence N89052' 40"E, 320.39 feet; thence S01 0 12'30"W along the easterly right-of-way boundary of Fowler Avenue, the east line of said Section 10, 490.55 feet; thence N89052'31 "W, 1205.79 feet; thence NOo028'12"E, along a portion of the east line of Phase I of Valley Unit Subdivision, located within the City of Bozeman, 695.00 feet; thence 589052'31 "E along the centerline of West Babcock Street of the City of Bozeman, the east-west quarter- section line of said Section 10, 115.00 feet; thence NOoo28'12"E, 434.41 feet; thence N90000'00"W along the centerline of Broadwater Street of the City of Bozeman, 150.00 feet; thence NOo028'12"E, 720.00 feet; thence N90000'00''E along the centerline of Cascade Street of the City of Bozeman, 260.00 feet; thence NOOo 28' 12"E, 1560.00 feet; thence N90000'00"E along the north section line of said Section 10, 850.58 feet; thence S00005'57"E, 132.80 feet; thence S35048'37"E, 1 08.96 feet; thence S01 015'08"E along the east section line of said Section 10, 2496.03 feet to the point of beginning. Said above described tracts contain 82.209 acres. Section 3 . Character of ImDrovements The character of improvements to be made is the plant mix asphalt pavement, 36-feet in width and 4-inches thick; crushed gravel leveling course, and sub-base gravel material, as required to properly support, shape and grade the existing street section; storm drainage; integral curb and gutter; sidewalks; and all other necessary appurtenances to complete the asphalt paving improvements in an approximate 1100- foot portion of West Babcock Street. Section 4 Estimate of Cost The total estimated cost of the improvements within the District, including engineering, contingency, special improvement district revolving fund contribution, . and incidental expenses, is Two hundred thirty-five thousand five hundred and no/1 00 Dollars ($235,500.00). Section 5 Method of Assessment The cost is to be assessed against the entire district. Each lot, block, tract or - 2 - .i~ - ---.----.-- -..--.--.-.- . 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 footage within the entire district is 2,625,348 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 calculated. Section 6 Payments The payments for said improvements shall be made in twenty (20) semi-annual installments extended over a period of ten (10) years, 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 engineering, construction and installation of said improvements with cash to be obtained from the sale of bonds of said Special Improvement District No. 658 as authorized by law. Such bonds will be in denominations 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. 658 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 available for the purpose of said Special Improvement District No. 658. Said bonds shall draw 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 issued and sold in accordance 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 special 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, Municipal Building, 411 East Main Street, Bozeman, Montana, on Monday, the 17th day of May 1993, at the hour of 7:00 p.m. of said - 3 - 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. 658, the improvements 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. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 26th day of April 1993. ~4~ Ai~TH SWA N Mayor ATIEST: ~JJp~ R IN L. SULLIVAN . Clerk of the Commission APPROVED AS TO FORM: . ~ ,] , .' PAUL J. LUW City Attorny State of Montana ) County of Gallatin ) City of Bozeman ) I, Robin L. Sullivan, Clerk of the Commission of the City of Bozeman, Montana, do hereby certify that the foregoing Commission Resolution No. 2910 was published by title and . number in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City, in the issue dated the 29th day of April 1993, and due 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 ff" , o Ice. C2 ' '. . - - . ~d~ ROBIN L. SULLIVAN Clerk of the Commission - 4 -