HomeMy WebLinkAboutResolution 2345 Intent to create SID 638 for sanitary sewer: 8-19-81
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This Resolution was cancelled because of
missed Hearing date. Replaced by No. 2359
COM~lISS ION RESOLUTION NO. 2345
A RESOLUTION OF THE CITY COMt1ISSION OF THE CITY OF BOZEMAN, MONTANA,
DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A
SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT
NO. 638 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A SANITARY
SEWER MAIN AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE
SPECIFICALLY DESCRIBED AS FOLLOWS: AN EIGHT (8) INCH SANITARY SEWER MAIN
AND THE NECESSARY APPURTENANCES ON EAST t1AIN STREET, IN THE CITY OF BOZEMAN, I
t10NTANA.
THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER MAINS SHALL INCLUDE ALL
TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, INSTALLATION OF SEWER MAIN,
NECESSARY WYES, SERVICE LINE STUBS, MANHOLES, AND OTHER NECESSARY APPURTENANCES
THERETO.
WHEREAS, there has been filed with the Clerk of the City Commission of the City of Bozeman,
Montana, a petition in due form of certain owners of properties situated within the boundaries
of 5pecial Improvement District No. 638 as hereinafter more specifically described, asking that a
special improvement district be created for the purpose of constructing and installing sanitary sewer
mains to provide sanitary sewer service to lots within the district.
WHEREAS, that at a regular meeting of the City Commission of the City of Bozeman held
on the 24th day of June, 1981, the aforesaid petition was respectively considered and granted;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY CO~1tHSSION OF THE CITY OF BOZEMAN:
Section One
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. 638 of the City
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of Bozeman for the purpose of constructing and installing sanitary sewer lateral mains, said project
to include all appurtenant work for the construction and installation of a sanitary sewer system to
provide sanitary sewer service for all lots within tne",district.
Section Two
Boundaries
The boundaries of said Special Improvement District No. 638 are described as follows:
A tract of land being portions of Blocks 22, 23 and 24 of the Northern Pacific
Addition to the City of Bozeman, being Certificate of Survey No. 466, Gallatin
County Records and located in the Northeast One-quarter of Section 7 and in the
Northwest One-quarter and Southwest One-quarter of Section 8, Township 2 South,
Range 6 East, Principal Meridian Montana, Gallatin County, Montana, and being
more particularly described as follows:
Beginning at the northwest corner of Certificate of Survey Number 466, said point
being on the southerly right of way of U.S. Highway No. 10; thence easterly slong
said right-of-way through the fonowing five traverse steps; thence South 88 23138"
East, a disbance of 72.78 feet; thence along a curve to the right, having a central
angle of 07 45110" and a radius of 1148.70 feet; an, arc distance of 155.43 feet;
thence South 06003'40" East, a distsnce of 10.38 feet; thence along a curve to the
right, having a central angle of 14 27'13" and a radius of 1138.70 feet, an arc
distance of 79.51 feet to the pgint of beginning; thence along said arc a distance
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of 190.43 feet; thence South 65 49'~0" East, a distance of 392.50 feet; thence
leaving 8aid right-of-way, South 01 06150" West, a distance of 89.52 feet; thence
North 88 30'43" West, a distance of 357.37 feet, to a point on the right-of-way
of East Babcock Street~thence along said right-of-way. along a curve to the left,
having a central angleft1000r!:i6" and a radius of 160.00 feet, an arc distance of
28.02 feet; thence North 01 58'35" East, a distance of 135.40 feet; thence North 88028'37"
West, a distance of 184.54 feet; thence North 02047100" East, a distance of 153.59
feet, to the point of beginning and containing 2.01 acres.
Said area to include 3, 4 and 5 of the Amended Subdivision Plat of a portion of Blocks
22, 23 and 24 Northern Pacific Addition to the City of Bozeman, Gallatin County, Montana.
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479
Section Three
Character of Improvements
The character of the improvements to be made is the installation and construction of
eight inc~8~anitary sewer mains including trench excavation and backfill. bedding material ·
I manholes. clean outs. service lines and other necessary appurtenances thereto.
Section Four
Estimate of Cost
The total estimated cost of the improvements within the district including engineering.
legal and contingency is $12.500.00.
Section Five
Method of Assessment
The cost of such improvement is to be assessed against the entire district.
Eas h 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 87,634.93 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 Six
I 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 construction and installation of said improvements with cash to be
obtained from the sale of bonds of said Special Improvement District No. 638 as authorized by law.
Such bonds will be in denom1~ations of $100.00 each. and fractions or multiples of $100.00 where
necessary, to be issued and chargeable against a fund to be known and designated as Special
Improvement District No. 633 Fund of the City of Bozeman. The bonds will be redeemable at the option
of the City, singly o~~ultiples, and in the order of their regdstration. whenever funds are
available for the purpose of said Special Improvement District No. 638. 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 improvement. The bonds will
be issued 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, Montana Code Annotated, relating to special
improvement districts in cities and towns. and any amendments thereof or thereto.
I Section Seven
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, on Wednesday, the 16th day of September, 1981,
at the hour of 1:15 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 proposed Special Improvement District No. 638 the improvements proposed to be
made pursuant thereto and the extent and character thereof, or either thereof; and the Clerk of the
CONMISSIQN RESOLlJTIml NO .2J45~
"'480
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 19th day of August, 1981.
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ATTEST:
~d~/~
Clerk of the City Commission
NOTICE IN RE
COMMISSION RESOLUTION NO. 2345 OF THE CITY OF BOlEMAN, MONTANA, DECLARING
IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, MONTANA, TO CREATE A
SPECIAL H1PROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT
NO. 638.
NOTICE IS HEREBY GIVEN that on the 19th day of August, 1981, 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. 2345 entitled:
I
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZH1AN, ~10NTANA,
DECLARING
IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT
DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 638 FOR THE PURPOSE
OF CONSTRUCTION AND INSTALLATION OF A SANITARY SEWER MAIN AND APPURTENANCES
TO
SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLO"IS:
AN,
EIGHT (8) INCH SANITARY SEWER MAIN AND THE NECESSARY APPURTENANCES ON
EAST MAIN
STREET, IN THE CITY OF BOZEr1AN, t10NTANA.
THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER MAINS SHALL INCLUDE
ALL
TRENCH EXCAVATION AND BACKFILL, BEDDING t1ATERIAL, INSTALLATION OF SHIER
t1AIN,
NECESSARY WYES, SERVICE LINE STUBS, MANHOLES, AnD OTHER NECESSARY APPURTENANCES
THERETO.
NOTICE IS HEREBY FURTHER GIVEN, that Wednesday, the 16th day of September,
1981, at
1:15 o'clock p.m. at the Commission Room of the City Hall, Bozeman, Montana, is designated as the
time and place for hearing objections to the action proposed to construct and install a sanitary
sewer main and appurtenances necessary thereto on East Main Street, in the City of Bozeman, Montana,
including all trench excavation and backfill, bedding material, installation of sewer main, necessary
wyes, service line stubs, manholes, and other necessary appurtenances thereto, 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 installed upon must be made in writing and filed with the Clerk of the City Commission I
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 installed
upon by said Commission Resolution No. 2345 is as follows:
A tract of land being portions of Rlocks 22, 23 and 24 of the Northern
Pacific Addition
to the City of Bozeman, being Certificate of Survey No. 466, Gallatin
County Records
and located in the Northeast One-quarter of Section 7 and in the Northwest
One-quarter
and Southwest One-quarter of Section 8, Township 2 South, Range 6 East,
Principal
~1eridian t,10ntana, Gall at; n County, r.1ontana, and being more particul
arly descri bed as
foll ows:
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481
Beginning at the northwest corner of Certificate of Survey Number 466, said point
being on the southerly right-of-way of U.S. Highway No. 10; thence easterly 810ng
said right-of-way through the following five traverse steps; thence South 88 23'38"
East, a distance of 72.78 feet; thence along a curve to the right, having a central
angle of 07045110" and a radius of 1148.70 feet; an arc distance of 155.43 feet;
thence South 06003140" East, a distance of 10.38 feet; thence along a curve to the
right, having a central angle of 14027113" and a radius of 1138.70 feet, an arc
distance of 79.51 feet to the pgint of beginning; thence along said arc a distance
I of 190.43 feet; thence South 65 49'30" East, a distance of 392.50 feet; thence leaving
said right-of-way, South 01006151" West, a distance of 89.52 feet; thence North
88030'43" West, a distance of 357.37 feet, to a point on the right-of-way of East
Babcock Stre~; thence along said right-of-way, along a curve to the left, having a
central angl 10001'56" and a radius of 160.00 feet, an arc distance of 28.02 feet;
thence North 01058'35" East, a distance of 135.40 feet; thence North 88028'37" West,
a distance of 184.54 feet; thence North 02047'00" East, a distance of 153.59 feet, to
the point of beginning and containing 2.01 acres.
Said area to include 3, 4 and 5 of the Amended Subdivision Plat of a portion of Blocks
22, 23 and 24 Northern Pacific Addition to the City of Bozeman, Gallatin County, Montana.
Section One
Character of Improvements
The character of improvements being considered to be construction and installed are eight
inch sanitary sewer mains including trench excavation and backfill, bedding material, manholes, clean
outs, service lines and other necessary appurtenances thereto.
Section Two
Estimated Cost of Maintenance
The cost of maintaining such improvement is to be assessed against the entire district;
each lot or parcel of land within such district will be assessed for that part of the whole cost which
its area bears to the total area within the district. The total area within the district is
I 87,634.93 square feet and is the area on which all protests will be received, considered and
determined, and on which all assessments will be calculated.
Section Three
Method of Assessment
The cost of maintaining such improvement is to be assessed against the entire district;
each lot or parcel of land within such district will be assessed for that part of the whole cost
which its frontage bears to the total frontage within the district. The total area within
the district is 87,634.93 square feet and is the footage on which all protests will be received,
considered, and determined, and on which all assessments will be calculated.
Section Four
This notice is given pursuant to the provisions of Section 7-12-4201 and 7-12-4223,
Montana Code Annotated, and all other applicable provisions of Title 7, Montana Code Annotated,
relating to special improvement districts for cities and towns, and any amendments thereof or thereto.
DATED this 19th day of August, 1981.
I ~~J~n
First Published in the Bozeman Daily Chronicle August 30, 1981
- CQM~1JSS I9N_HESO_~UTI ON NO. 2345_H______
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482
State of Montana )
County of Gallatin)
City of Bozeman )
I, Robin L. Sullivan, Clerk of the City Commission of the City of Bozeman, do
hereby certify that the foregoing Notice in Re No. 2345 was published in length in the Bozeman
I
Daily Chronicle, newspaper of general circulation printed and published in said City, in the
issues dated August 30th. 31st, 1st, 2nd and 3ra;~~d 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
1st day of December, 1981.
Ra:k dJ~
Clerk of the City Commission
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