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HomeMy WebLinkAboutResolution 2599 Intent to create SID 649 for improvements in Annie Subd.: 4-07-86 201 RESOLUTION NO. 2599 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. 649 FOR THE PURPOSE OF ACCOMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION, INSTALLATION, INSPECTION AND ENGINEERING CERTIFICATION OF SANITARY SEWER MAINS, WATER MAINS AND STORM DRAINAGE AND ALL OTHER NECESSARY APPURTENANCES TO SERVE PARTICULAR PROPERTIES WITHIN ANNIE SUBDIVISION, FIRST FILING. I WHEREAS, Roger H. Smith and Rosalind I. Smith submitted a written proposal dated July 26, 1985 to the City signifying their desire to participate in a special improvement district created for the purpose of constructing and installing water, sanitary sewer and storm drain improvements to certain lots, blocks and tracts within Annie Subdivision, First Filing; and WHEREAS, the aforesaid request has been evaluated by the City Commission. 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 to be known and designated as Special Improvement District No. 649 of the City of Bozeman for the purpose of accomplishing the engineering design, construction, installa- tion, inspection and engineering certification of sanitary sewer mains, water mains and storm drainage. Said project shall include all appurtenant work for the construction and installation of the sanitary sewer mains, water mains and storm drainage. Section 2 Boundaries The boundaries of said Special Improvement District No. 649 are described on the Proposed I District Boundary map attached hereto and more particularly described as follows: Description A tract of land being a portion of Tract 1 A of Certificate of Survey No. 1240A situated in the S.E. 1/4 of Section 2, T.2S., R.5E., P.M.M., City of Bozeman, Gallatin County, Montana, and being further described as follows: Beginning at a point which is S89015117"W a distance of 746.70 feet and N00047'26"Wa distance of 50.00 feet from the S.E. corner of Section 2, T.2S., R.5E., P.M.M.; thence from said true point of beginning S89015117"W a distance of 571.00 feet; thence N09047'01"W a distance of 162.19 feet, N05014'29"W a distance of 1 025.75 feet to a point on a curve having a radial bearing of S15031140"W; thence along said curve, curving to the right with a radius of 1350.00 feet a distance of 433.74 feet to a point on a curve having a radial bearing of N57052'05"W; thence along said curve, curving to the left with a radius of 546.13 feet a distance of 38.45 feet to a point on a curve having a radial bearing of N17014'36"E; thence along said curve, curving to the right with a radius of 637.00 feet a distance of 670.78 feet; thence N12025120"Wa distance of 215.41 feet, N05057105"E a distance of 408.11 feet, N03024'20"E a distance of 273.51 feet and N00037150"W a distance of 151.18 feet; thence N89022'10"E a distance of 501.09 feet; thence S00037'50"E a distance of 121.00 feet, N89022'10"E a distance of 26.00 feet, S00037'50"E a distance of 181.00 feet, S05040'54"W a distance of 307.04 feet, S80035'14"E a distance of 9.14 feet, N79018'20"E a distance of 30.13 feet, S14036'43"W a distance of 66.37 feet, S10041140"E a distance of 260.00 feet, S24034'44"E a distance of 139.06 feet, S10041140"E a distance of 195.00 feet, S79018'20"W a distance of 45.06 feet, S01024'07"E a distance of 180.58 feet to a point on a curve having a radial bearing of N01024'07"E; thence along said curve, curving to the right with a radius of 521.00 feet a distance of 29.14 feet; thence SOl 048'1 O"W a distance of 116.00 feet to a point on a curve having a radial bearing of NOl 048'1 O"E; thence along said curve, curving to the right I with a radius of 637.00 feet a distance of 110.08 feet to a point on a curve having a radial bearing of N63016'23"W; thence along said curve, curving to the right with a radius of 606.13 feet a distance of 60.41 feet to a point on a curve having a radial bearing of S36029'1 O"W; thence along said curve, curving to the right with a radius of 1350.00 feet a distance of 157.41 feet; thence S46050'00" E a distance of 150.19 feet, S43035'18"E a distance of 60.00 feet to a point on a curve having a radial bearing of S43035118"E; thence along said curve, curving to the left with a radius of 470.00 feet a distance of 43.30 feet; thence S48052'02"E a distance of 120.00 feet to a point on a curve having a radial bearing of S48052'02"E; thence along said curve, curving to the left with a radius of 350.00 feet a distance of 256.10 feet; thence S00047126"E a distance of 366.36 feet to the true point of beginning. COMMISSION RESOLUTION NO. 2599 -...... -,-~""""'----",._.,._._- .....---., -- ----.-----.....-.-.--. .. --.--...-.----.-- ') ,r, .., . ',,1 Section 3 C ha racte~__?_f__I.!'!.f?rovements The character of the improvements to be made is the installation and construction of sanitary sewer mains, water mains and storm drainage, including trench excavation, backfill, bedding material, PVC sanitary sewer main, ductile iron water main, RCP storm sewer main, manholes, valves, fittings, hydrants, street drain inlets, service line stubs and other necessary appurtenances. Section 4 I Estimate of Cost The total estimated cost of the improvements within the district including engineering, contingency, special improvement district revolving fund and incidental expenses is Four Hundre d Forty-Eight Thousand Dollars ($448,000). 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 boundary 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 and alleys. The total actual assessable area within the entire district is 1,144,073 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 installments ex- tending 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 engineering, construction and installation of I said improvements with cash to be obtained from the sale of bonds of said Special Improvement District No. 649 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. 649 Fund of the City of Bozeman. The bonds will be redeemable at the option of the City, singlely or in multiples, and in the order of their registration, from whatever funds are available for the purpose in said Special Improvement District No. 649. 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 wi II 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 in 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 at the Commission Chamber, City Hall, Bozeman, Montana, on Monday, the 5th day of May 1986, at the hour of 7 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 Special Improvement District No. 649, the improvements proposed to be made pursuant thereto and the extent and character thereof, or either of them; and the Clerk of the I 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 7th day of Apri I 1986. Mayor COMMISSION RESOLUTION NO. 2599 203 ATTEST: Clerk of the City Commission NOTICE IN RE I COMMISSION RESOLUTION NO. 2599 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. 649. NOTICE IS HEREBY given that on the 7th day of April 1986 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. 2599, 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 SPECIAL IMPROVEMENT DISTRICT NO. 649 FOR THE PURPOSE OF ACCOMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION, INSTALLATION, INSPECTION AND ENGINEERING CERTIFICATION OF SANITARY SEWER MAINS, WATER MAINS AND STORM DRAINAGE AND ALL NECESSARY APPURTENANCES TO SERVE PARTICULAR PROPERTIES WITHIN ANNIE SUBDIVISION, FIRST FILING. NOTICE IS HEREBY FURTHER GIVEN that Monday, the 5th day of May 1986, at 7:00 o'clock p.m. at the Commission Room of the City Hall, 411 East Main Street, Bozeman, Montana, is designated as the time and place for hearing objections to the action proposed to accomplish the engineering design, construction, installation, inspection and engineering certification of sanitary sewer mains, water mains and storm drainage and all other necessary 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 I 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. A description of the boundaries of the territories proposed to be constructed and in- stalled upon by said Commission Resolution No. 2599 is as follows: Description A tract of land being a portion of Tract 1 A of Certificate of Survey No. 1240A situated in the S.E. 1/4 of Section 2, T.2S., R.5E., P.M.M., City of Bozeman, Gallatin County, Montana, and being further described as follows: Beginning at a point which is S89015'17"W a distance of 746.70 feet and N00047'26"Wa distance of 50.00 feet from the S.E. corner of Section 2, T.2S., R.5E., P.M.M.; thence from said true point of beginning S89015'17"W a distance of 571.00 feet; thence N09047'Ol"W a distance of 162.19 feet, N05014'29"W a distance of 1 025.75 feet to a point on a curve having a radial bearing of S15031'40"W; thence along said curve, curving to the right with a radius of 1350.00 feet a distance of 433.74 feet to a point on a curve having a radial bearing of N57052'05"W; thence along said curve, curving to the left with a radius of 546.13 feet a distance of 38.45 feet to a point on a curve having a radial bearing of N17014'36"E; thence along said curve, curving to the right with a radius of 637.00 feet a distance of 670.78 feet; thence N12025'20"W a distance of 215.41 feet, NOs057'05"E a distance of 408.11 feet, N03024'20"E a distance of 273.51 feet and N00037'50"W a distance of 151.18 feet; thence N89022'10"E a distance of 501.09 feet; thence S00037'50"E a distance of 121.00 feet, N89022'10"E a distance of 26.00 feet, SOo037'50"E a distance of 181.00 feet, S05040'54"W a distance of 307.04 feet, S80035'14"E a distance of 9.14 feet, N79018'20"E a distance of 30.13 feet, S14036'43"W a distance of 66.37 feet, S10041'40''E a distance of 260.00 feet, S24034'44"E a I distance of 139.06 feet, S10041'40"E a distance of 195.00 feet, S79018'20"W a distance of 45.06 feet, SOl024'07"E a distance of 180.58 feet to a point on a curve having a radial bearing of N01024'07"E; thence along said curve, curving to the right with a radius of 521.00 feet a distance of 29.14 feet; thence SOl 048'1 O"W a distance of 116.00 feet to a point on a curve having a radial bearing of N01048'10"E; thence along said curve, curving to the right with a radius of 637.00 feet a distance of 110.08 feet to a point on a curve having a radial bearing of N63016'23"W; thence along said curve, curving to the right with a radius of 606.13 feet a distance of 60.41 feet to a point on a curve having a radial bearing of S36029'l O"W; thence along said curve, curving to the right with a radius of 1350.00 feet a distance of 157.41 feet; thence S46050'OO" E a distance of 150.19 feet, S43035'18"E a distance of 60.00 COMMISSION RESOLUTION NO. 2599 ')~' , , ,I I feet to a point on a curve having a radial bearing of S43035118"E; thence along said curve, curving to the left with a radius of 470.00 feet a distance of 43.30 feet; thence S48052102"E a distance of 120.00 feet to a point on a curve having a radial bearing of S48052I02"E; thence along said curve, curving to the left with a radius of 350.00 feet a distance of 256.10 feet; thence SOoo47126"E a distance of 366.36 feet to the true point of beginning. Section 1 Character of Improvements The character of improvements to be made is the installation and construction of sanitary I sewer mains, water mains and storm drainage, including trench excavation, backfill, bedding material, PVC sanitary sewer main, ductile iron water main, RCP storm sewer main, manholes, valves, fittings, hydrants, street drain inlets, service line stubs and all other necessary appurtenances. Section 2 Estimate of Cost The total estimated cost of the improvements within the district including engineering, contingency, special improvement district revolving fund and incidental expenses is Four Hundred Forty-Eight Thousand Dollars ($448,000). Section 3 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 enti re district, exclusive of streets, avenues and alleys. The total actual assessable footage within the entire district is 1,144,073 square feet and is the area on which all protests wi II be received, considered and determined. It is also the square footage on which all assessments will be figured. Section 4 I This notice is given pursuant to the provisions of Section 7-12-4106, 7-12-4110 and 7-12-4112, 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 or thereto. DA TED this 15th day of Apri I 1986. ROBIN L. SULLIVAN Clerk of the Commission State of Montana ) County of Gallatin : ss. City of Bozeman ) I, Robin L. Sullivan, Clerk of the Commission of the City of Bozeman, do hereby certify that the foregoing Notice was published at length in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City, in the issues dated the 15, 16, 17, 1 f: and 20th days of April, 1986, and due proof of such publications is on file in my office. I N WITNESS WHEREOF, I hereunto set my hand and affix the corporate seal of my office this 14th day of May 1986. Clerk of the City Commission State of Montana ) County of Gallatin : ss. City of Bozeman ) I, Robin L. Sullivan, Clerk of the Commission of the City of Bozeman, do hereby certify I that the foregoing Resolution No. 2599 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 10th day of April 1986, 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 this 14th day of May 1986. Clerk of the City Commission COMMISSION RESOLUTION NO. 2599 .. --~ ......