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HomeMy WebLinkAboutResolution 2267 Intent to create SID 621, sewer trunk for Valley Unit Subd: 11-05-80 ..u. ..,~._ .._~. __..... __ ...." . "',. ___ ._................ ~_ _ __ . q~_.._ ., _.. _,_ 'T . 259 COMMISSION RESOLUTION NO. 2267 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 AN EXTENDED SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 621 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A SANITARY SEWER TRUNK TO INTERCEPT SEWAGE FROM THE VALLEY UNIT SUBDIVISION TO THE CITY OF BOZEMAN AND OTHERS AND I MORE SPECIFICALLY DESCRIBED AS FOLLOWS: A SANITARY SEWER LINE TO BE KNOWN AS THE "FAR WEST TRUNK" WITH PIPE SIZES OF 18 AND 21 INCHES AND APPURTENANCES TO TRANSPORT WASTEWATER FROM THE VALLEY UNIT SUBDIVISION AND OTHER SERVICE AREAS IN THE CITY OF BOZEMAN TO THE WEST END INTERCEPTOR. THE CONSTRUCTION AND INSTALLA- TION OF THE SEWER TRUNK TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, SEWER PIPE, MANHOLES, STUB OUTS AND OTHER NECESSARY APPURTENANCES. WHEREAS, a condition of preliminary plat approval Phases 1, 2, 3 and 4 of Valley Unit Subdivision, dated January 17, 1980, item 11, requires that utilities be extended and assessed against said property in district boundaries; 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 property situated within the boundaries of Special Improvement District No. 621 as hereinafter more specifically described, asking that a special improvement district be created for the purpose of construction and installing the sewer trunk to provide sewer service to lots within the district and other future connections within the trunk service area; WHEREAS, that at a regular meeting of the City Commission of the City of Bozeman held on the 14th day of May, 1980, the aforesaid petition was respectively considered and granted. I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN: Section 1 Declaration of Intention That it is hereby declared to be the intention of the City of Bozeman to create an extended special improvement district to be known and designated as Special Improvement District No. 621 of the City of Bozeman for the purpose of constructing and installing sewer trunk, said project to include all appurtenant work for the construction and installation of sewer trunk to provide service to all lots within the district. Section 2 Boundaries The boundaries of said Special Improvement District No. 621 are described as follows: Description Beginning at the North One-Quarter Corner, Section 10, Township 2 South, Range 5 East, Principal Meridian Montana; thence East, along the East-West Section Line, a distance of 2564.94 feet; ~hence South 00009122" West, a distance of 132.83 feet; thence South 35 51'37" East, a dis~ance of 102.43 feet, to the North-South Sect i on Li ne; thence South 01 14' 35" East, along the North-South Section Line, a distance of 2456.41 faet, to the I East One-Quarter Corner of said Section 10; thence North 89 52'3111 West, along the East-West One-Quarter Line a distance of 319.94 feet; thence South 01019131" West, a distance of 205.96 feet; thence North 89052140" East, a distance of 320.39 feet; to the North-South Section Line; thence South 01012130" West, along the North-South Section Line, a distance of 1115.94 feet, to the East 1/16 corner Southeast ~, said Section 10, thence South 01018'49" West, along the North-South Section Line, a distance of 1264.94 feet, to the tlorth right-of-way of U.S. 191; thence South 89012120" West, along said north right-of-way, a distance of 265.85 feet; thence South 8904713811 West, along said north right-of-way, a distance of 2448.45 feet; thence North 00028112" East, a distance of 5269.17 feet to the East-West section Line; thence East along the East-West Section Line; a distance COMMISSION RESOLUTION NO. 2267 .. .........,._~- _.~."~'-_..'_. -.-,., -. .~. .- _. ,._ _..,.._~,'.__ _~~.~...._~... _~_.~...~_................~_~_..._._~....,_' _.~_. .,.~___,. __-..-__ .............u...,~._ __.,_.'_ _.~ .__. ___..~_~_"......._,.____".. ....---~...,~.".. _~___,_, T' _"_._ ~---' -. ~,..~ __ -- _.._ , . __ _ _~. '_r____ -. -,. .-~'. ~..~ _u'_., '._~_'._""""_ ,__, ___, ~. '.... ~,_'__... .'._..,'......_ 260 of 50.01 feet to the true point of beginning and containing 224.1837 acres which includes Blocks 1 -40 all within the Valley Unit Subdivision to the City of Bozeman. This includes Phase One of the Valley Unit Subdivision filed with the Gallatin County Clerk and Recorder and the unplatted master planned area approved by the City of Bozeman on January 17, 1980. Section 3 Character of Improvements I The character of the improvements to be made is the installation and construction of a sanitary sewer trunk to be known as the "Far West Trunk", that portion north of u.s. 191 (Bozeman West), containing pipe sizes of 18 and 21 inches, including trench excavation and backfill, bedding material, sewer pipe, manholes, stub outs 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 $540,000.00. Section 5 Method of Assessment The cost of such improvements 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 and public places. I The total actual assessable area within the entire district is 9,765,441.30 feet2 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. There are areas north of u.s. Highway 191 in addition to the above described 9,765,441.30 feet2 that are within this trunk sewer service area. These areas are shown on the attached rebate map and, in relationship to Valley unit, are located to the northeast (641.9 acres), east (193.4 acres) and west (23.4 acres), attached Exhibit A is the rebate map). If annexed to the City and connected to this trunk district, the property shall pay a prorata share of project cost. Said share shall be reimbursed to the 5.1.0. 621 fund. Section 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 construction and installation of said improvements with cash to be obtained from the sale of bonds of said Special Improvement I District No. 621 as authorized by law. Such bonds will be in denominations of Five Thousand Dollars ($5,000.00) each, and fractions or multiples of $5,000.00 where necessary, to be issued and chargeable against a fund to be known and designated as Special Improvement District No. 621 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 of said Special Improvement District No. 621. Such bonds shall draw a simple interest from the date of their registration until called for payment, which interest shall be COMMISSION RESOLUTION NO. 2267 .. ~ ,........_._.~_.M._.._.__ ~_ _,_ ,,' ._~~_.,.~_,.__.......~__.......'_. _ _ _~ ......... .., ,...._._ ............_.._,~__~_.... '_~"'._ _,___. ,._. ._.......... _..................~.&,__,.. _.~._._&~_~.. __~........._____._ ,~...... ..~ ,~,,' '.- - -.. ~- ~-~...........--, ,~-'.-.~--- . - -- - -- - - -p-- - ..--- .- '.~ - - ~.__ u. _ ..___~_ ._. .~~ -- ..' .-~-,...... ---. ." ,.... - ~~..-- 261 chargeable as part of the cost of construction and installation of said improvements. The bonds will be issued and sold in accordance with the appropriate Montana Codes. relating to special improvement districts in cities. and towns. and any amendments thereof or thereto. Section 7 I Protests and Notices The regular session of the City Commission of the City of Bozeman. to be held at the Commission Chamber. City Building, Bozeman. Montana. on Wednesday, the 26th day of 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. 621. 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 is by law required, for the adoption of the resolution of intent. ADOPTED by the City Commission of the City of Bozeman, at a regular and stated session of ~9tr MAYOR ATTEST: I (i1to..~ cI t.J~ Clerk of the City Commission NOTICE IN RE COMMISSION RESOLUTION NO. 2267 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. 621. NOTICE IS HEREBY GIVEN that on the 5th day of November. 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. 2267 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 AN EXTENDED SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 621 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A SANITARY SEWER TRUNK TO INTERCEPT SEWAGE FROM THE VALLEY UNIT SUBDIVISION TO THE CITY OF BOZEMAN AND OTHERS AND MORE SPECIFICALLY DES- CRIBED AS FOLLOWS: A SANITARY SEWER LINE TO BE KNOWN AS THE "FAR WEST TRUNK" WITH PIPE SIZES OF 18 AND 21 INCHES AND APPURTENANCES TO TRANSPORT WASTEWATER FROM THE VALLEY UNIT SUBDIVISION AND OTHER SERVICE AREAS IN THE CITY OF BOZEMAN TO THE WEST END INTERCEPTOR. THE CONSTRUCTION AND INSTALLATION OF THE SEWER TRUNK TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL. BEDDING MATERIAL. SEWER PIPE, MAN- I HOLES, STUB OUTS AND OTHER NECESSARY APPURTENANCES. NOTICE IS HEREBY FURTHER GIVEN, that Wednesday. the 26th day of November. 1980, 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 sanitary sewer trunk to intercept sewage from the Valley Unit Subdivision to the City of Bozeman, includ- ing all trench excavation and backfill. bedding material. sewer pipe. manholes. stub outs and other necessary appurtenances thereto upon the following described contiguous territories COMMISSION RESOLUTION NO. 2267 ~~___, .u ~_ ___ _" ,,~~,. _ _. ,.,~_ ..__ ... _.,. .... -----,--,---"-. _"~.........-......~ _.,~_,_;o.. ~ ~_,.._~.,.-....~._... _ ~.~".L. _&.~....._.. ..,....... .._ _.... _."~ ._. ......... ... .....~ ..~.~.... ~ ._.~__.L .~ ~. _ _ _. .~.____. ~~........-......&_.. .. _. ._......~... ~........ ~__._..._~.. _.....~ .._.. ......~.~ ~.. _.. ........~_~~._..._. . ~_~~__ .................._._ .'_.". ..,. . . -'_._.~. - "'",-- - '-'--". -.- ,......'~--'_. "~...~ '....- - - ---', ~..- _." ..~_.,_.~.."... _T_'-. .._,._""'_.~'..... ___"..... _,.. - -'_TT" '.'...- ,.... 262 within the corporate limits of the City of Bozeman, Montana. Expressions of approval or dis- approval 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 of tme 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. 2267 is as follows: Beginning at the North One-Quarter Corner Section 10, Township 2 South, Range 5 East, Principal Meridian Montana; thence East, along the East- West Section Line, a distance of 2564.94 feet; thence South 00090122" West, a distance of 132.83 feet; thence South 35051137" East, a distance of 102.43 feet, to the North-South Section Line; thence South 01014135" East, along the North-South Section Line, a distance of 2456.41 feet, to the East One-Quarter Corner of said Section 10; thence North 89052'31" West, along the East-West One Quarter Line, a distance of 319.94 feet; thence South 01019'31" West, a distance of 205.96 feet; thence North 89052'40" East, a distance of 320.39 feet; to the North-South Section Line; thence South 01012130" West, along the North-South Section Line, a distance of 1115.94 feet, to the eastOne-sixteenth corner Southeast One-quarter, said Section 10; thence South 01018149" West, along the North-South Section Line, a distance of 1264.94 feet, to the North right- of-way of U.S. 191; thence South 89012120" West, a~ong said north right- of-way, a distance of 265.85 feet; thence South 89 47'38" West, along said north right-of-way, a distance of 2448.45 feet; thence North 00028112" East, a distance of 5269.17 feet to the East-West section line, thence East along the East-West Section Line; a distance of 50.01 feet to the true point of beginning and containing 224.1837 acres which includes Blocks 1-40 all within the Valley Unit Subdivision to the City of Bozeman. This includes Phase One of the Valley Unit Subdivision filed with the Gallatin County Clerk and Recorder and the unplatted master planned area approved by the City of Bozeman on January 17, 1980. The estimated cost of improvements is $540,000.00. I 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 Codes Annotated relating to special improvement districts in cities and towns, and any amendments thereof or thereto. DATED this 5th day of November, 1980. &~ ~ I.J;~ Clerk of the City Commission First Published in the Bozeman Daily Chronicle November 10, 1980 Published - November 10, II, 12, 13, and 14, 1980 State of r.~ontana ) County of Gallatin) City of Bozeman ) I, Erna V. Harding, Clerk of the Commission of the City of Bozeman, do hereby certify that the foregoing Not;ce/~RsRpublished at length in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City in five issues on November 10, 11, 12, I 13, and 14, 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 18th day of December, 1980. (jdIA d! tJ~ Clerk of the C,ty Commission COMMISSION RESOLUTION NO. 2267 _ _ .. _ '_'~~_'.._~ .. _. .........._ ,.. _",. ...,.......~_,_ .~ ....._.~ -... _____~ ..... _ ..._..~~. ,_ __............~~_._~.._" ~__~_ _. _~.... _~_4 ~.~...... ..~.. _. ..J........... _~...~._..,'_ ...........___..~................................. ......._........'_~,_,__,..._~.,~..... ........... _.............................................-.. ~~__ . ..- . ..._..' ...--.--,.,-.-.,