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HomeMy WebLinkAboutResolution 2269 Intent to create SID 623, sewer lateral for Valley Unit Subd: 11-05-80 ~ '~' ._'_.. r. . . ~___r~7 ~'~-' ..-.. ~_............ '..... _, .'.. ~_.__._...._ .'.... '.r..~_'_.'.."~._ .,.r'.. ~ .~- rr.. - ,-....-.'...-. .. 268 COMMISSION RESOLUTION NO. 2269 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. 623 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF SANITARY SEWER AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: I AN EIGHT (8) INCH SANITARY SEWER AND APPURTENANCES ON EAST GRANITE, PONDERA, WEST GRANITE, GOLDEN VALLEY, TETON AND FLATHEAD AVENUES, AND PORTIONS OF FALLON, RAVALLI, WEST BABCOCK, BROADWATER, CASCADE STREETS, TOOLE STREET, AND A PORTION OF DURSTON ROAD AND A TWELVE (12) INCH AND FOURTEEN (14) INCH SANITARY SEWER ON YELLOWSTONE AVENUE ALL IN THE VALLEY UNIT SUBDIVISION TO THE CITY OF BOZEMAN. THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, SANITARY SEWER LINES, MANHOLES, SERVICE LINE STUBS, 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 indue form of a certain owner of properties situated within the boundaries of Special Improvement District No. 623 as hereinafter more specifically described, the Valley Unit Developer is asking that a special improvement district be created for the purpose of constructing and installing said sanitary sewer to provide sewer service to Valley Unit Subdivision. WHEREAS, that at a regular meeting of the City Commission of the City of Bozeman held I on the 14th day of May, 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 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. 623 of the City of Bozeman for the purpose of constructing and installing sanitary sewers, said project to include all appurtenant work for the construction and installation of sanitary sewers to provide service to all lots within the district. Section 2 Boundaries The boundaries of said Special Improvement District No. 623 are described as follows: Beginning at the north 1/4 corner of Section 10, Township 2 South, Range 5 East, Principal Meridian Montana; thence East along the North line of said Section 60, a distance of 630.01 feet to the true point of beginning; thence South 00 28'12" West, a distance of 2265.00; thence West, a distance of 85.00 feet; thence South 00028'12" West, a distance of 180.00 feet; thence West a distance of 495.00 feet; thence South 00028'12" West, a distance of 2823.84 fe~t; thence North 89047'38" East, a distance of 1570.06 feet; thence North I 00 28'12" East, a distance of 608.74 feet; thence North 89052'31" West, a dis- tance of 150.00 feet; thence North 00028'12" East, a distance of 185.00 feet; thence South 89052'31" East, a distance of 15.00 feet; thence North 00028'12" East, a distance of 115.00 feet; thence North 00028'12" East, a distance of 449.41 feet; thence West, a distance of 150.00 feet; thence North 00028'12" East, a distance of 2265.00 feet to the true point of beginning. The total area within this district is 4,815,768.05 square feet including Block 1, lots 3-6; Block 2, lots 18-26; Block 5, lots 1-42; Block 6; Block 7, lots 1-12; Block 8, lots 11-17; Block 9; Block 10; Block 11; Block 12; Block 13, lots 5 and 6; Block 14, lots 1-5 and 8-10; Block 19, lots 8-14; Block 20; Block 21: Block 22 COMMISSION RESOLUTION NO. 2269 ~ __._.~___.____ ~. ._~..~..,~~~,.~__................._.~___ . .._, .~~_._~~~_ ... ._..,,_.__....................._._,_~.....-._.~~~~~ .~.~___,..1.,......_,.~~_~.,~..............A.,_ ......_.,.,..............~~-,~.,.._............-..-.............~..-....-.......__----..~~-- ...._~ _..,...- -~ ....,...............~.---~,.. ..,.,~. ~... - .~- ..~-_._.-. -'r .................~~~___. ... .__..".. -_..~ _...~_. .._~~.~..__ . _~_~.~_ .... ..._.... ~~~_~.__.... .._. ~'_. .---..- .- -.- 269 lots 1-7; Block 28, lots 17-32; Block 29; Block 30; Block 31, lots 1-8; Block 37; Block 38; and Block 39, lots 1-8; this includes the unplatted master planned area approved by the City of Bozeman on January 17, 1980, and containing Block 5, lots 14-31; Block 7, lots 7-12; Block 11, lots 7-12; Block 12; Block 14, lots 4 and 5; all in the Valley Unit Subdivision to the City of Bozeman. Section 3 I Character of Improvements The character of the improvements to be made is the installation and construction of eight (8), twelve (12), and fourteen (14) inch sanitary sewer including trench excavation and backfill, bedding material, and fittings, manholes and sewer stubs, 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 $600,000.00. Section 5 Method of Assessment The cost of such improvements is to be asse$sed 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 4,815,768.05 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 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. rt 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. 623 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. 623 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 District No. 623. Said bonds shall draw a simple I 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 appropriate Montana Codes, relating to special improvement districts in cities, and towns, and any amendments thereof or thereto. COMMISSION RESOLUTION NO. 2269 ..~ ._......_...............~...............~-_... ........... ......... ...- -.--.----~._-~...,,~--.- ......-.---...... ~._. .----........'--. _.~- ............-.........-~.~..~. ~.-. ~._...._~~ ._.~ .~_. .~_~~ ..n _._ ._. _ .._ __.... _._ . .. . _~.n_... _ ~.__. .~. . ~._.__.~_. .~... . . ~-~-~..~._- . .---- \ ~. --- . ~ --~.._." .. ----- ~._. .. .._. _"~.,.,,.,._,_ _ ._._~_r_.'..'..'. _....~.~..~... ..~_. - . 270 Section 7 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 26 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 I 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. 623, 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 intention. ADOPTED by the City Commission of the City of Bozeman, at a regular and stated session of the said City Commission, held on the 5th day of MAYOR ATTEST: cW~ d IJ~om~ Clerk of the City Commission NOTICE IN RE I COMMISSION RESOLUTION NO. 2269 OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE LNTENTION OF THE CITY OF BOZEMAN, MONTANA, TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 623. 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 Co~mission Resolution No. 2269 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 IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVE- MENT DISTRICT NO. 623 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF SANITARY SEWER AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN EIGHT (8) INCH SANITARY SEWER AND APPURTENANCES ON EAST GRANITE, PONDERA, WEST GRANITE, GOLDEN VALLEY, TETON AND FLATHEAD AVENUES AND PORTIONS OF FALLON, RAVALLI, WEST BABCOCK, BROADWATER, CASCADE STREETS, TOOLE STREET, AND A PORTION OF DURSTON ROAD AND A TWELVE (12) INCH AND FOURTEEN (14) INCH SANITARY SEWER ON YELLOWSTONE AVENUE ALL IN THE VALLEY UNIT SUBDIVISION TO THE CITY OF BOZEMAN. THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, SANITARY SEWER LINES, MANHOLES, SERVICE LINE STUBS, AND OTHER NECESSARY APPURTENANCES. NOTICE IS HEREBY FURTHER GIVEN, that Wednesday, the 26th day of November, 1980, at the Commission Room of the City Hall, Bozeman, Montana, is designated as the time and place I for hearing objections to the action,. proposed to construct and install sanitary sewer and appurtenances thereto, including all trench excavation and backfill, bedding material, sanitary sewer lines, manholes, service line stubs, 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 ter- ritories proposed to be constructed and installed upon must be made in writang and filed with COMMISSION RESOLUTION No. 2269 " --~ --~----~~.~~... ~.~...._.~~__._._ ~ ~~__.. .~._.~................... ... . .__.__._~. _., _~. ~~ _~_~... _ . _~. _ .................. .._.... ~_.....L.....~....... ~~ ..L..L...o.......... ............".- .~"...........~,,~~....-.. .~--............_.~.. ._...~~ _...............~..~..~.. ..._-_.~_.. .._.." ..... .. ..1...1... .~~............-..._.,,__......._~ ~~._--.. .~._.~. .. ------ .-.- .-- -. ..- --.........,....._.~, - -. .- 271 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. 2269 is as follows: I Beginning at the North 1/4 corner of Section 10, Township 2 South, Range 5 East, Principal Meridian Montana; thence East along the North line of said Section 10, a distance of 630.01 feet to the true point of beginning; thence South 00029112" West, a dis~ance of 2265.00 feet; thence West, a distance of 85.00 feet; thence South 00 28112" West, a distance of 180.00 feet; thence West, a distance of 495.00 feet; thence South 00028112" West, a distance of 2823.84 feet; thence North 89047138" East, a distance of 1570.06 feet; thence North 00028112" East, a distance of 608.74 feet; thence North 89052131" West, a distance of 150.00 teet; thence North 00028112" East, a distance of 185.00 feet; thence South 89 52131" East, a distance of 15.00 feet; thence North 00028112" East, a distance of 1755.00 feet; thence South 89052131" East, a distance of 115.00 feet; thence North 00028112" East, a distance of 449.41 feet; thence West, a distance of 150.00 feet; thence North 00028112" East, a distance of 2265.00 feet; thence West, a distance of 820.00 feet to the true point of beginning. The total area within this district is 4,815,768.05 square feet including Block 1, lots 3-6; Block 2 lots 18-26; Block 5, lots 1-42; Block 6; Block 7, lots 1-12; Block 8, lots 11-17; Block 9; Block 10; Block 11; Block 12; Block 13, lots 5 and 6; Block 14, lots 1-5 and 8-10; Block 19, lots 8-14; Block 20; Block 22, lots 1-7; Block 28, lots 17-32; Block 29; Block 30; Block 31, lots 1-8; Block 37; Block 38; and Block 39, lots 1-8; this includes the unplatted master planned area approved by the City of Bozeman on January 17, 1980, and containing Block 5, lots 14-31; Block 7 lots 7-12; Block 11, lots 7-12; Block 12; Block 14, lots 4 and 5; all in the Valley Unit Subdivision to the City of Bozeman. The estimated cost of improvements is $600,000.00 This notice is given pursuant to the provisions of Section 7-12-4201 and 7-12-4223, I 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 5th day of November, 1980 (jJ d~ d (,,);/J~ Clerk of the City Commission First Published in the Bozeman Daily Chronicle November 10, 1980 Published - November 10, 11, 12, 13, and 14, 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 the foregoing Notice in Re 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 10, 11, 12, 13, and 14, 1980, and due proof of such publication is on file in my I office. IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my office this 18th day of December, 1980 ~ at LJ .!IJ II u ~ Clerk of the City Commission COMMISSION RESOLUTION NO. 2269 _ __ .L-'-___ ____~ "'------- .~ _ ~_~".",,,,,,,,,,,,,.,,,,,~_,~_,. ~ ._..~~__. __...........~_~.__.~ . _ _._--L.....__--'-'-'-......_~. ~ ..L-..__.... _~~..........._._.~_ . - -.. ... ~~-............ --- ..,-----.-~-................... - -..- -" ..-~...........-.-~ ..~.-. .~-~..--. -~._._._------~.,,~~.~~--_.........._.... ._--.~...........~ ..- .._~-_.