HomeMy WebLinkAboutResolution 2271 Intent to create SID 625, paving and street drain for Valley Unit Subd: 11-05-80
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COMMISSION RESOLUTION NO. 2271
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. 625 FOR THE PURPOSES OF CONSTRUCTION AND
INSTALLATION OF REINFORCED CONCRETE STORM DRAINAGE PIPE (RCP).
STORM
DRAIN INLETS, DETENTION FACILITIES, DRAINAGE DITCH REALIGNMENT AND
I
DIVERSION, AND OTHER NECESSARY APPURTENANCES THERETO, AND ASPHALTIC
CONCRETE TYPE PAVEMENT ON YELLOWSTONE, TETON, FLATHEAD, EAST GRANITE,
AND PONDERA AVENUES AND PORTIONS OF TOOLE, CASCADE, BROADWATER,
BABCOCK, RAVALLI, AND FALLON STREETS AND A PORTION OF FERGUSON AVENUE
IN THE VALLEY UNIT SUBDIVISION TO THE CITY OF BOZEMAN, MONTANA.
WHEREAS, a
condition of preliminary plat approval Phases 1, 2, 3 and 4 of Valley Unit
Subdivision,
Items 2 and 11, dated January 17, 1980, requires city review and approval of storm
water detention
basins final design.
WHEREAS, there
has been filed with the Clerk of the City Commission of the City of Bozeman
a petition
in due form of the owner of property situated within the boundaries of Special
Improvement
District 625 asking that a Special Improvement District be created for the purpose
of construction
and installation of paved streets and a storm drainage collection system to
serve lots
and portions thereof within the district.
WHEREAS, 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.
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN:
Section 1
Declaration of Intention
I
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. 625 for
the purpose of construction and installation of RCP for storm drainage, storm
drain inlets,
detention facilities, drainage ditch Realignment and diversion, and other
necessary
appurtenances thereto, and asphaltic concrete type pavement of Yellowstone, Teton,
Flathead,
East Granite and Pondera Avenues, and portions of Toole, Cascade, Broadwater,
Babcock, Ravalli
and Fallon Streets and a portion of Ferguson Avenue in the Valley Unit Sub-
division to
the City of Bozeman, Montana.
Section 2
Boundaries
The boundaries
of said Special Improvement District No. 625 are described as follows:
Description of the boundaries of the territories proposed to be embraced
by said Commission Resolution No. 2271 is 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 00, a distance of 630.01 feet to the true point of beginning; thence
South 00 28112" West, a distance of 2265.00 feet; thence South 25039142" West,
a gistance of 199.69 feet; thence West, a distance of 245.00 feet; thence South
55 00138" West a distance of 306.92 feet; thence South 00028112" West,
I
a distance of 90.02 feet; thence South 41003101" East, a distance of 233.82 feet;
thence North 41041120" East, a distance of 235.22 feet; thence South 89052131"
East, a distance of 6g.00 feet; thence South 43034121" East, a distance of 179.80
feet; theElce South 00 28112" West, a distance of 1625.00 feet; thence North
89052131" West, a distance of 300.00 feet; thence South 45017151" West, a distance
of 177.31 feet; thence North 89 52131" West, a distance of 160.02 feet; thence
South 00028'12" West, a distance of 678.36 feet; thence North 89047138" East, a
distance of 1520.07 feet; thence North 00 28112" East, a distance of 724.61 feet;
thence South 89052131" East, a distance of 15.00 feet; thence North 00 28112" East,
a distance of 1655.00 feet; thence South 89052131" East, a distance of 615.00 feet;
thence North 00 28'12" East, a distance of 269.41 feet; thence North 39 31'41" West,
a distance of 233.36 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 and containing
Block I, a portion of Lot 3 and lots 4-6; Block 2, lots 18-26; Block 5, lots 1-13
and lots 32-42; Block 6; Block 7, lots 1-6; Block 8, lots 11-17; Block 9; Block 10;
COMMISSION RESOLUTION NO. 2271
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277
Block 11, lots 1-6; Block 13, lots 5 and
a portion of lot 6; Block 14, lots
1-3, a portion of lot 8 and lots 9 and 10;
Block 19, lots 8-14; Block 20; Block
21; 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; plus the unplatted master planned
area approved by the City of Bozeman on
January 17, 1980 and containing Block 5,
lots 14, 15 and a portion of lot 16; Block
11, a portion of lot 12; and a portion
of Block 12; Block 14, lots 4 and 5; all
in the Valley Unit Subdivision to the
I
City of Bozeman.
Section
3
Character
of Improvements
The character of the improvements to be made is the installation and construction of
twelve (12)
inch through forty-two (42) inch RCP for storm drainage including trench excavation
and backfill,
bedding material, manholes, storm drain inlets, detention basin, drainage ditch
realignment
and diversion, and other necessary appurtenances thereto, asphaltic concrete type
pavement and
integral concrete curb and gutters in Yellowstone Avenue and portions of Teton,
Flathead,
East Granite and Pondera Avenues, and portions of Toole, Cascade, Broadwater,
Ravalli Streets
and a portion of Ferguson Avenue.
Section 4
Estimate of Cost
The total
estimated cost of the improvements within the district including engineering,
legal and
contingency is $2,460,000.00.
Section 5
Method of Assessment
The cost of
said improvements are to be assessed against the entire Blocks 6; 9; 10; 20;
I 21; 29; 30;
37; and 38; and Block 1, a portion of Lot 3 and Lots 4-6; Block 2, lots 18-26;
Block 5, Lots 1-13 and Lots 32-42; Block 7, lots 1-6; Block 8, Lots 11-17; Block 11, Lots
1-6;
Block 13,
Lots 5 and a portion of Lot 6; Block 14, Lots 1-3, a portion of Lot 8 and Lots 9-10;
Block 19,
Lots 8-14; Block 22, Lots 1-7; Block 28, Lots 17-32; Block 31, Lots 1-8; Block 39,
Lots 1-8;
plus the unplatted master planned area of Block 5, Lots 14, 15 and a portion of Lot
16; Block
11, a portion of Lot 12; and a portion of Block 12; and Block 14, Lots 4 and a portion
of 5; all
in the Valley Unit Subdivision to the City of Bozeman. East
lot and parcel of land
within those
blocks will be assessed for that part of the whole cost which its area bears to
the area of
the entire district, exclusive of streets, alleys,~nd public places.
The total
actual assessable
area within the entire district is 4,038,407.22 square feet, and is the area
on which all
protests will be received, considered and determined. It is
also the figure on
which all
assessments will be calculated.
A prorata
share of the cost to oversize storm drains (not including inlets) on Yellowstone
Avenue, install
storm water detention facilities in Block 28, and divert
irrigation and
drainage water
in Block 28 shall be reimbursed to Special Improvement District No. 625 from
I preliminary
platted phases two (2) and four (4), Valley Unit Subdivision (conditionally approved
January 17, 1980, by the City of Bozeman).
Assessable area to benefit from said improvements
is shown on the attached map and contains 109.3298 acres.
The estimated cost of the oversized
improvements;
including engineering, legal and administrative costs is $175,900.00 (1980) or
$00.0428 per
square foot.
COMMISSION RESOLUTION NO.
2271
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278
Section 6
Payments
The payments
for said improvements shall be made in 20 annual installments extending
over a period
of 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 I
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. 625 as authorized
by 1 aw.
Such bonds will be in denominations of $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 desig-
nated as Special
Improvement District No. 625 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 regis-
tration, whenever
funds are available for the purpose of said Special Improvement District
No. 625.
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 appropriate
Montana Codes, Section 7-12-4223/35, Section 7-12-4201/04/05, relating to
special improvement
districts in cities and towns, and any amendments thereof or thereto.
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, t1ontana, on Wednesday, the 26th day of November,
I
1980, at the
hour of 1:15 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. 625, 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 Jaw 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
said City
Commission, held on the 5th day of Nove
ATTEST:
@JJl.v d tJ~
Clerk of the
City Commission
NOTICE IN RE
I
COMMISSION RESOLUTION NO. 2271 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. 625.
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. 2271 entitled:
COMMISSION RESOLUTION NO.
2271
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279
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. 625 FOR THE PURPOSES OF CONSTRUCTION AND
INSTALLATION
OF REINFORCED CONCRETE STORM DRAINAGE PIPE (RCP), STORM
DRAIN INLETS,
DETENTION FACILITIES, DRAINAGE DITCH REALIGNMENT AND
DIVERSION,
AND OTHER NECESSARY APPURTENANCES THERETO, AND ASPHALTIC
I CONCRETE TYPE
PAVEMENT ON YELLOWSTONE, TETON, FLATHEAD, EAST GRANITE,
AND PONDERA AVENUES AND PORTIONS OF TOOLE, CASCADE, BROADWATER,
BABCOCK, RAVALLI, AND FALLON STREETS AND A PORTION OF FERGUSON
AVENUE IN THE VALLEY UNIT SUBDIVISION TO THE CITY OF BOZEMAN, MONTANA
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
reinforced
concrete storm drainage pipe (RCP), storm drain inlets, detention facilities,
drainage ditch
realignment and diversion and necessary appurtenances thereto, and asphaltic
concrete type
pavement 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 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. 2271 is 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 10,
a distance of 630.01 feet to the true point of beginning; thence
I South 00028'12"
West, a distance of 2265.00 feet; thence South 25035'42"
West, a distance of 199.69 feet; thence West, a distance of 245.00 feet;
thence South 55000138" West, a distance of 306.92 feet; thence South 00028112"
West, a distance of 90.02 feet; thence South 41003'01" East, a distance of
233.82 fset; thence North 41041'20" East, a distance of 179.80 feet; thence
South 00 28'12"
West, a distance of 1625.00 feet; thence North 89052131" West,
a distance
of 310.00 feet; thence South 45017'51" West, a distance of 177.31
feet; thence
North 89052131" West, a distance of 160.02 feet; thence South
00028112"
West, a distance of 678.39 feet; thence North 89047'38" East, a
distance of
1520.07 feet; thence North 00028112" East, a distance of 794.61
feet; thence
South 89052131" East, a distance of 15.00 feet; thence North
00028112"
East. a distance of 1755.00 feat; thence South 89052131" East, a
distance of
115.00 feet; thence North 00.2811211 East, a distance of 269.41
feet; thence
North 39031141" West, a distance of 233.36 feet; thence North
00028'12"
East. a distance of 2265.00 feet; thence West, a distance of 280.00
feet to the
true point of beginning and containing Block 1, a portion of Lot 3
and Lots 4-6;
Block 2, Lots 18-26; Block 5, Lots 1-13 and Lots 32-42; Block 6;
Block 7, Lots
1-6; Block 8, Lots 11-17; Block 9; Block 10; Block 11, Lots 1-6;
Block 13.
Lots 5 and a portion of Lot 6; Block 14, Lots 1-3, a portion of Lot
8 and Lots
9 and 10; Block 19, Lots 8-14; Block 20; Block 21; Block 22, Lots
1-7; Block
28, Lots 17-32; Block 29; Block 30; Block 31, Lots 1-8; plus the
unplatted
master planned area approved by the City of Bozeman on January 17,
1980, and
containing Block 5, Lots 14. 15 and a portion of Lot 16; Block 11,
a portion
of Lot 12; and a portion of Block 12; Block 14, Lots 4 and 5; all
in Valley
Unit Subdivision to the City of Bozeman.
The estimated
cost of improvements is $2,460,000.00.
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,
I relating to
special improvement districts in cities and towns, and any amendments therea'f or
thereto.
DATED this
5th day of November, 1980.
6Y~ cd &1Y~~
Clerk of the
City Commission
COMMISSION RESOLUTION NO.
2271
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280
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
)
T, Erna V. Harding, Clerk of the Commission of the City of Bozeman~ do hereby certify
I
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
office.
IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my office
this 19th day of December. 1980.
(f",~ d uJ~~M~
Clerk of the City Commission
I
I
COMMISSION
RESOLUTION NO. 2271
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