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HomeMy WebLinkAboutResolution 2265 Intent to create SId 629, sewer, water for University Square: 10-29-80 ." -.. - -. ~ -~ .. ". -~. ~ _ r- ~-_ _~..___. - - 251' COMMISSION RESOLUTION NO. 2265 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 A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DIS- TRICT NO. 629 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A SANITARY SEWER AND WATER MAIN AND APPERTENANCES TO SERVE THE ADJOIN- ING PROPERTIES AND MORE SPECIFICAllY DESCRIBED AS FOLLOWS: AN EIGHT I (8) INCH SANITARY SEWER LATERAL AND THE NECESSARY APPURTENANCES IN THE UNIVERSITY SQUARE SUBDIVISION, AN EIGHT (8) INCH AND A SIX (6) INCH WATER LATERAL, FIRE HYDRANTS, VALVES, AND APPURTENANCES ALL IN THE UNIVERSITY SQUARE SUBDIVISION IN THE CITY OF BOZEMAN, MONTANA. THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER LATERALS AND WATER LATERALS SHALL INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, INSTALLATION OF SEWER MAIN, NECESSARY WYES, SERVICE LINE STUBS, MANHOLES, WATER LINES, VALVES, HYDRANTS, AND OTHER NECESSARY APPURT- ENANCES 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 Special Improvement District No. 629 as hereinafter more specifically described, asking that a special improvement district be created for the purpose of constructing and installing sani- tary sewer and water service to lots within the district. WHEREAS, that at a regular meeting of the City Commission of the City of Bozeman held on the 29th day of October, 1980, the aforesaid petition was respectively considered and granted: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN: Section 1 Declaration of Intention I 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. 629 of the City of Bozeman for the purpose of constructing and installing sanitary sewer laterals and water laterals, said project to include all appurtenant work for the construction and installation of a sanitary sewer and water system to provide sanitary sewer and water services for all lots within the district. Section 2 Boundaries The boundaries of said Special Improvement District No. 629 are described as follows: Description A tract of land consisting of Block 4A-l of the amended subdivision plat of portions of Blocks 3 and 4 of Kirk Subdivision No. 4 and lots 8, 9, and 10, Block 2, Kirk Subdivision No. 4 and portions of that tract platted in Book of Deeds 147, Page 408 located in the SE~ of Section 11, T2S, R5E, M.P.M., City of Bozeman, Gallatin County, Montana, being further described as follows: Beginning at the southeast corner of Block 4 at a found pin and cap marked "779ES" located on the southline o'f Block 4, Kirk Subdivision N. 4 (basis of bearing), thence South 89054'30" West along the southline of Block 4 a distance of 705.10 feet to the southwest corner of said Block 4; thence I North 00000'07" East along the eastline of COS No. 113 (right-of-way for 23rd Street) a distance of 590.19 feet to a found pin and cap located on the southerly right-of-way for Koch Street, thence South 89059'53" East a distance of 100.79 feet along the south side of a 60 foot right-of-way for Koch Street, to a found pin and cag; thence continuing along said right-of-way through a central angle of 50 58136" of a curve to the left with a radius of 277.97 feet an arc length of 247.31 feet to a found pin and cap; thence continuing along said right-of-way North 39001'3111 East a distance of 60.00 feet to a found pin and cap; thence continuing along said right-of-way through a central angle of 50034'26" of a curve to the right with a radius of 319.27 feet an arc length of 281.81 feet to a found pin and cap; thence continuing along said right-of-way North 89035'57" East a distance of 104.79 feet to a found pin and cap; thence South 00000'05" West a distance of 598.39 feet to a found pin and cap located on the Northwest corner of lot 8, Block 2, Kirk COMMISSION RESOLUTION NO. 2265 . . ......................-._-~.." ~ ,....... ."- ... _ -,- -""." . ..........-. ...... "..----.~"".......... ....---.. .~~...- ~~"""_.""'''''''''-~ ...." .._--_.~._-- ....~~ _.~- ...-- ".-,"~"-'... .... ~_.. .... -. -~. -.. ............. .............-. .. -..~.- .. "._~.. ._~_. ...~...-._.. ~- ..~~- .".. "_"'_~'_"" ___,_ ~H _"7_'_'_._ . on. '__._-.- ."'-, -.. "-r. -...,... -.. - _. _~ .- .......... -~. .._'....-._-,.~_....~-. 252 Subdivision No.4; thence North 89058114" East, along the north1ine of Lot 8, a distance of 120.01 feet to a found pin and cap located on the northeast corner of said lot 8; thence south 00000'15" West a distance of 259.07 feet along the easterly line of lots 8, 9 and la, Block 2, Kirk Subdivision No.4 to the southeast corner of lot 10 and a found pin and cap; thence South 89054130" West a distance of 120.00 feet along the south1ine of lot 10 to the point of beginning. Said tract contains 12.47 acres, more or less, along with and subject to any I existing easements. Section 3 Character of Improvements The character of improvements to be made is the installation of an eight (8) inch sewer lateral and six (6) and eight (8) inch water lines including trench excavation and backfill, bedding material, manholes, clean outs, service lines, valves, fire hydrants and other necessary appurtenances thereto. Section 4 Estimate of Cost The total estimated cost of the improvements within the district including engineering, legal and contingency is $83,000.00. Section 5 Method of Assessment The cost of such improvement 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, I and public places. The total actual assessable area within the entire district is 487,436.4 square feet and is the area on which all protests will be received, considered, and determined. It ;s 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 extend- ing 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. 629 as authorized by law. Such bonds will be in denominations of $100.00 each, and fractions or multiples of $100.00 where necessary, to be issued and chargeable against the fund to be known and designated as Special Improvement District No. 629 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, whenever funds are available for the purpose in said Special Improvement I District No. 629. 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, Montana Code Annotated, and all other applicable provisions of Title 7, Montana Code Annotated, relating to special improve- ment districts in cities and towns, and any amendments thereof or thereto. COMMISSION RESOLUTION NO. 2265 -, .... -.....-. "._ ~., .~." 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"_",. _ ..............__.,__.............'''. -- ..~ -. -- 258 Section 7 Protests and Notice 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 19th day of I November, 1980, 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. 629, the improvements proposed to be made pursuant thereto and the extent and character thereof, or either thereof; 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 Co"",iss;on held on the 29th day of oct~ MAYOR ATTEST: (tl~-QI fj).' j14~ I Clerk of the City Commission NOTICE IN RE COMMISSION RESOLUTION 2265 OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, MONTANA TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 629. NOTICE IS HEREBY GIVEN that on the 29th day of October, 1980, 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. 2265 entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, MONTANA TO CREATE A SPECIAL rMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVE- M~NT DISTRICT NO. 629, FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A SANITARY SEWER AND WATER MAIN AND APPURTENANCES TO SERVE THE ADJOIN- ING PROPERlI ES AND MORE SPECI FI CALL Y DESCRIBED AS FOLLOWS: AN EIGHT (8) INCH SANITARY SEWER LATERAL AND THE NECESSARY APPURTENANCES IN THE UNIVERSITY SQUARE SUBDIVISION, AN EIGHT (8) INCH AND A SIX (6) INCH WATER LATERAL FIRE HYDRANTS, VALVES, AND APPURTENANCES ALL IN THE UNIVERSITY SQUARE SUBDIVISION IN THE CITY OF BOZEMAN, MONTANA. THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER LATERALS AND WATER LATERALS SHALL INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, INSTALLATION OF SEWER MAIN, NECESSARY WYES, SERVICE LINE STUBS, MANHOLES, WATER LINES, VALVES, HYDRANTS, AND OTHER NECESSARY APPURTENANCES THERETO. I NOTICE IS HEREBY FURTHER GIVEN, that Wednesday, the 19th day of November, 1980, at 1:15 o'clock p.m. at the Commission Room of the City Hall, Bozeman, Montana~1 ;s designated as the time and place for hearing objections to the action proposed to construct and install a sanitary sewer lateral and appurtenances to serve the adjoining properties, 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 COMMISSION RESOLUTION NO. 2265 ........_....-....-.___ -.........., ___.._ ~ -'"- ________ ~__.___.....__~~_....~"........._._..~.......~..".. __~.t........_._.. ...__.... ..,L.-. .'_._'~ _._..___'__".-' ~_. .......__._~...~. - _..-_... - ,. ._ _. ..._.~~.__a_.. _._n_~""'-~ . ~_._ _....6-_.. . '__' " -~ ~.. - ~- 254 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 installed upon by said Commission Resolution No. 2265 is as follows: I A tract of land consisting of Block 4A-1 of the amended subdivision plat of portions of Blocks 3 and 4 of Kirk Subdivision No. 4 and lots 8, 9 and 10, Block 2, Kirk Subdivision No.4 and portions of that tract platted in Book of Deeds 147, Page 408 located in the SE~ of Section 11, T2S, R5E, M.P.M. City of Bozeman, Gallatin County~ Montana, being further described as follows: Beginning at the southeast corner of Block 4 at a found pin and cap marked 11779ES" located on the south6ine of Block 5, Kirk Subdivision No.4 (basis of bearing), thence South 89 54'30" West along the southline of Block 4 a distance of 705.10 feet to the southwest corner of said Block 4; thence North 00000107" East along the eastline of cas No. 113 (right-of-way for 23rd Street) a distance of 590.19 feet to a found pin and cap located on the southerly right-of-way for Koch Street~ thence South 89059'53" East a distance of 100.79 feet along the south side of a 60 foot right-of-way for Koch Street~ to a found pin and cap; thence continuing along said right- of-way through a central angle of 50058'36" of a curve to the left with a radius of 277.97 feet an arc length of 247.31 feet to a found pin and cap; thence continuing along said right-of-way North 39001'3111 East a dis- tance of 60.00 feet to a found pin and cap' thence continuing along said right-of-way through a central angle of 50034126" of a curve to the right with a radius of 319.27 feet an arc length of 281.81 feet to a found pin and cap; thence continuing along said right-of-way North 89035'57'1 East-a~ distance of 104.79 feet to a found pin and cap; thence South 00000'05,r West a distance of 598.39 feet to a found pin and cap located on the North-~ west corner of lot 8~ Block 2, Kirk Subdivision No.4; thence North 89058'1411 East~ along the northline of lot 8, a distance of 120.01 feet to a found pin and cap located on the northeast corner of said lot 8; thence soutb 00000'15" West a distance of 259.07 feet along the easterly line of lots 8 9 and 10, Block 2~ Kirk Subdivision No. 4 to the southeast corner of lot I 10 and a found pin and cap; thence South 89054130" West a distance of 120.00 feet along the southline of lot 10 to the point of beginning. Said tract contains 12.47 acres, more or less, along with and subject to any existing easements. The estimated cost of the improvements is $83,000.00. This notice is given pursuant to the provisions of Sections 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 in cities and towns, and any amendments thereof or thereto. DATED this 29th day of October, 1980 - .. ~ of /J'1t1A~ --. .. -.'..'.. .- Clerk Of the City Commission - First published in Bozeman Daily Chronicle November 3, 1980 Published - November 3, 4, 5, 6, and 7, 1980 State of Montana ) County of Gallatin) City of Bozeman ) I, Erna V. Harding~ Clerk of the Commission of the City of Bozeman, do hereby certify that I the foregoing Notice was published at length in the Bozeman Daily Chronicle~ a newspaper of general circulation printed and published in said City in five issues on November 3, 4, 5, 6, and 7, 1980 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 17th day of December, 1980. ~ J tJtltI~ Clerk of the City Commission COMMISSION RESOLUTION NO. 2265 . .. - --.. ............... -. ~- -~~ ~_. -- ... .---.. ~.._.~ &. ..... -......... .. -'. .. ~ .-... ~., --_ ..... .-~ -- -~_.~ - -~_ ....... _. .-.................._.... .._........, _~ ........ -. '"._. _.L.'.~~.__"..-"..'_~".' .~....... ~.""_' '_0.. .__ ~.. __.~_".~ .L_ _...............-1.>...&....,.......... ....._~......L.' ..,._