HomeMy WebLinkAboutResolution 2548 Intent to recreate SID 641 for improvements to Graf's Subdivisions: 3-18-85
--------.--.----.-- -.-.-...-.-
063
RESOLUTION NO. 2548
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF
BOZEMAN TO RECREATE SPECIAL IMPROVEMENT DISTRICT NO. 641 FOR
THE PURPOSE OF ACCOMPLISHING THE ENGINEERING DESIGN, CON-
STRUCTION, INSPECTION AND ENGINEERING CERTIFICATION OF AN
8-INCH SANITARY SEWER MAIN AND ALL OTHER NECESSARY APPURTE-
I NANCES TO SERVE ALL LOTS LOCATED WITHIN BLOCK 1 OF GRAF'S FIRST
SUBDIVISION, SECOND FILING, AND BLOCKS 2, 3, 4 AND 5 OF THE
AMENDED PLAT OF A PORTION OF GRAF'S FIRST SUBDIVISION, SECOND
FILING.
WHEREAS, there has been filed with the Clerk of the City Commission of the City of
Bozeman, a petition of all the owners of property situated within the boundaries of Special
Improvement District No. 641 as hereinafter more specifically described, asking that the
Special Improvement District be re-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 February 1985, the aforesaid petition was considered; and
WHEREAS, the main reason for the re-creation is that the original cost estimate is no
longer adequate.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA:
Sect ion 1
I Declaration of Intention
That it is hereby declared to be the intention of the City of Bozeman to re-create the
special improvement district known and designated as Special Improvement District No. 641 of
the City of Bozeman for the purpose of accomplishing the engineering design, construction,
inspection and engineering certification of an 8-inch sanitary sewer main. Said project shall
include all appurtenant work for the construction and installation of the sanitary sewer.
Sect ion 2
Boundaries
The boundaries of said Special Improvement District No. 641 are described as follows:
Description
A tract of land located in the East one-half of the Southeast one-quarter,
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 quarter 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 traverse steps are along the northerly
boundary of Graf's First Subdivision; Thence South 89059'00" West, a distance
I 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 66.00 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 154.00 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 quarter; Thence North 00010'23"
West, along said North-South 1/16th line, a distance of 595.61 feet; Thence
COMMISSION RESOLUTION NO. 2548
.. -....-.-...-...--....
__u.._.___.___..__..._._......___ ---.- -
q ("'~
~ .. '..' ';
North 89032'00" East, a distance of 1255.27 feet, to the true point of begin-
ning.
The above includes Block 1, Lots 1 through 4 in Graf's First Subdivision,
Second Filing, and all lots and blocks in the Amended Plat of portions of
Graf's First Subdivision, Second Filing.
Section 3
Character of Improvements
I
The character of improvements to be made is the engineering design, construction,
inspection and engineering certification of trench excavation and backfill, bedding material,
sanitary sewer pipe and services, manholes, service line stubs and all other necessary appur-
tenances.
Section 4
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 One
Hundred Thirty Thousand Dollars ($130,000).
- -
Sect ion 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 and alleys.
The total actual assessable footage within the entire district is 446,435.78 square feet
and is the area on which all protests will be received, considered and determined. It
is also I
the square footage on which all assessments will be figured.
Sect ion 6
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 engineering, construction and installa-
tion 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
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. 641 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. 641. Said bonds shall
draw a simple interest from the date of their registration until called for payment, which
I
interest shall be chargeable as part of the cost of construction and installation of said im-
provements. 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 and cities and towns, and any amendments
thereof.
COMMISSION RESOLUTION NO. 2548
. - ..-...--.......-.. -------- ----------- ---
........---
06~)
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 15th day of April
1985, at the hour of 7 o'clock p. m. of said day, is the time and place, when and where the
I 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 of them; 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 said Commission held on the 18th day of March 1985.
KENNETH L. WEAVER, Mayor
ATTEST:
~~~~
Acting Clerk of the City Commission
I
NOTICE IN RE
COMMISSION RESOLUTION NO. 2548 OF THE CITY OF BOZEMAN, MONTANA,
DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN,
MONTANA, TO RECREATE A SPECIAL IMPROVEMENT DISTRICT NO. 641.
NOTICE IS HEREBY given that on the 18th day of March 1985 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. 2548, 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 RECREATE SPECIAL IMPROVEMENT DISTRICT NO. 641 FOR THE
PURPOSE OF ACCOMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION,
INSPECTION AND ENGINEERING CERTIFICATION OF AN 8-INCH SANITARY
SEWER MAIN AND ALL OTHER NECESSARY APPURTENANCES TO SERVE ALL
LOTS LOCATED WITHIN BLOCK 1 OF GRAF'S FIRST SUBDIVISION, SECOND
FILING, AND BLOCKS 2, 3, 4 AND 5 OF THE AMENDED PLAT OF A PORTION
I OF GRAF'S FI RST SUBDIVISION, SECOND FI LING.
NOTICE IS HEREBY FURTHER GIVEN that Monday, the 15th day of April 1985, 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, inspection and engineering certification of an
COMMISSION RESOLUTION NO. 2548
n('(~
\,,' ,., .-
8-inch sanitary sewer and all other necessary appurtenances upon the following described
contiguous territories within the corporate limits of the City of Bozeman, MOntana. Ex-
pressions of approval or disapproval by resident freeholders of the territories proposed to be
constructed and installed upon must be made in writing and filed with the Clerk of the City
Comm ission of the City of Bozeman not later than fifteen (15) days after the date of the first
publication of this notice.
I
A description of the boundaries of the territories proposed to be constructed and
installed upon by said Commission Resolution No. 2548 is as follows:
Description
A tract of land located in the East one-half of the Southeast one-quarter,
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 quarter 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 traverse steps are along the northerly
boundary of Graf's First Subdivision; 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 66.00 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 154.00 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 quarter; 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 begin-
I
ning.
The above includes Block 1, Lots 1 through 4 in Graf's First Subdivision,
Second Filing, and all lots and blocks in the Amended Plat of portions of
Graf's First Subdivision, Second Filing.
Section 1
Character of Improvements
The character of improvements to be made is the engineering design, construction,
inspection and engineering certification of trench excavation and backfill, bedding material,
sanitary sewer pipe and services, manholes, service line stubs and all other necessary appur-
tenances.
Sect ion 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 One
Hundred Thirty Thousand Dollars ($130,000).
Sect ion 3
Method of Assessment
The cost is to be assessed against the entire district. Each lot, block, tract or parcel
I
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 and alleys.
COMMISSION RESOLUTION NO. 2548
067
The total actual assessable footage within the entire district is 446,435.78 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.
Sect Ion 4
This notice is given pursuant to the provisions of Sections 7-12-4201 and 7-12-4223,
I M.C.A., and all other applicable provisions of Title 7, M.C.A., relating to special Improve-
ment districts for cities and towns, and any amendments thereof or thereto.
DA TED this 24th day of March 1985.
KA~N~
Acting 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 in Re was published at length In the Bozeman Daily Chroni-
cle, a newspaper of general circulation printed and published in said City, in the issues
dated March 24, 25, 26, 27 and 28, 1985, and due proof of such publications is on file in my
office.
IN WITNESS WHEREOF, I hereunto set my hand and affix the corporate seal of my
office this 17th day of Apri I 1985.
I Clerk of the City Commission
I
COMMISSION RESOLUTION NO. 2548