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HomeMy WebLinkAboutResolution 2905 Intent to create SID 657, street impr. Westfield Subdivision, Phase III ~ /',' , COMMISSION RESOLUTION NO. 2905 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE SPECIAL IMPROVEMENT DISTRICT NO. 657 FOR THE PURPOSE OF ACCOMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION, INSPECTION AND ENGINEERING CERTIFICATION OF ASPHALT CONCRETE STREET IMPROVEMENTS, STORM DRAINAGE, CONCRETE CURB AND GUTTER, CONCRETE SIDEWALK, AND All NECESSARY APPURTENANCES TO SERVE . THE WESTFIELD SUBDIVISION, PHASE III, IN THE CITY OF BOZEMAN, MONT ANA. 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, concrete curb and gutter and concrete sidewalk to serve the Westfield Subdivision, Phase III; and WHEREAS, receipt of the aforesaid petition was acknowledged by the City Commission during its meeting of February 8, 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. 657" of the City of Bozeman for the purpose of constructing asphalt concrete street improvements, storm drainage, concrete curb and gutter, concrete sidewalk, and all necessary appurtenances to serve the Westfield Subdivision, Phase III in the City of Bozeman. Section 2 Boundaries The boundaries for Special Improvement District No. 657 are described as follows: All lots within Westfield Subdivision, Phase III, located within the City of . Bozeman in the SE% of Section 24, T2S, R5E, M.P.M., more particularly described: Beginning at the East quarter corner of said Section 24; thence South 000 14'07" West, along the East line of said Section 24, a distance of 769.82 feet; thence North 89044'28" West, a distance of 30.00 feet to a point on the westerly right~ of~way of Wagon Wheel Road and the TRUE POINT OF BEGINNING; thence South 00014'07" West, along the westerly right~of-way of Wagon Wheel Road, a distance of 320.00 feet; thence North 89044'28" West, along the northerly boundary of Sourdough Creek Properties Subdivision No.8-A, a distance of 200.00 feet; thence South 89017'33" West, a distance of 922.43 feet; thence South 00006'08" West, a distance of 33.42 feet; thence South 89017'33" West, a distance of 128.00 feet, to a point on the easterly right~of-way of South ------------ . ~.~,. -~_.- - --. ", , 3rd Avenue; thence North 00006'08" East, along said easterly right-of-way, a distance of 400.00 feet; the following five courses are along the southerly boundary of Westfield Subdivision, Phase II; thence North 89017'33" East, a distance of 188.00 feet; thence South 00006'08" West, a distance of 40.00 feet; thence North 89017'33" East, a distance of 250.00 feet; thence South 81 043'43" East, a distance of 63.83 feet; thence North 89017'33" East, a distance of 750.00 feet, to the TRUE POINT OF BEGINNING and containing 9.4766 acres. Section 3 . Character of Imorovements The character of improvements to be made is the construction of asphalt concrete street improvements for Lexington Drive and Fieldstone Drive West; drainage channel excavation; culvert, inlets and erosion control; street excavation and subgrade preparation; gravel base; concrete curb and gutter; prime coat; asphaltic concrete plant mix surfacing; and sidewalk installation along the west side of Wagon Wheel Road and all other necessary appurtenances. Section 4 Estimate of Cost The total estimated cost of the improvements within the District, including engineering, contingency, special improvement district revolving fund, City administrative charges and incidental expenses, is One Hundred Eighty Thousand and no/100 Dollars ($180,000.00). . 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 of streets; avenues; alleys; public places; and open spaces designated as open space on the plat of Westfield Subdivision, Phase III. attached hereto as Exhibit "A" and made a part hereof. The total actual assessable footage within the entire district is 304,322.80 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 6 . Payments The payments for said improvements shall be made in thirty-eight (38) semi-annual installments extended over a period of nineteen (19) 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 - 2 - --~ --- -....- ,.. \ ~ Special Improvement District No. 657 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. 657 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. 657. 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 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 15th day of March 1993, 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. 657, 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 JIll ,.. intention. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 22nd day of February 1993. ATTEST: ~,~ . ~;/~ RO IN l. SULLIVAN - -.- Clerk of the Cortunfssion -- . t ~ . - 3 - - .---. 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. 2905 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 25th day of February 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 office. ~J~ R IN L. SULLIVAN Clerk of the Commission . .