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HomeMy WebLinkAboutResolution 2200 Intent to create SID 623, sewer lateral for Valley Unit Subdivision: 6-11-80 - - .__._n_ ._--. ." ._". - ...--..---.- 60 COMMISSION RESOLUTION NO. 2200 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 APPUR- TENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DES- CRIBED 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 I, 2, 3 and 4 of Valley Unit Subdivision, dated January 17, 1980, item II, 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 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 con- structing and installing said sanitary sewer to provide sewer service to Valley Unit Subdivi- sion. WHEREAS, that at a regular meeting of the City Commission of the City of Bozeman held on I the 14th day of May". 1980, the aforesai d petiti on was respecti vely cons i dered 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 - - .-.,;;:::.-..---~-~" ~ v " Boundaries - - - ' " .-.- ..;..:~~~~,- The boundaries of said Special Improvement District No. 623 are described a(ft}'1J9W5:~~.,',--, - :"'- -:.. - - - Description ..- - '~' Beginning at the North 1/4 corner of Section la, Township 2 South, Range 5 East, Principal Meridian Montana; thence East along the North line of said Section 10, a distancB of 630.01 feet to the true point of beginning; thence South 00 28'12'1 West, a distance I of 2265.80 feet; thence West, a distance of 85.00 feet; thence South 00 28112" West, a distance of 180.80 feet; thence ~lest, a distance of 495.00 feet; thence aouth 00 28'12" West, a distance of 2823.84 feet; thense North 89 47138" East, a distance of 1570.06 feet; thBnce North 00 28'12" East, a distance of 608.74 feet; thBnce North 89 52'31" West, a distance of 150.00 feet; the8ce North 00 281 12" East, a distance of 185.00 feet; th~nce South 89 52'31" East, a -...- - - - - - - ,-- - -.-"-. 61 a distance of 150.00 feet; thence North 00028'12" 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; I Block 14, lots 1 - 5 and 8 - 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: this includes the unplatted master planned area approved by the City of Bozeman on January 17, 1980, and contain- ing 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 Sub- division to the City of Bozeman. Section 3 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 appurten- ances 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 I 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. 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. 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. 623 as authorized by law. Such bonds will be in denominations of Five Thousand I 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 Dis- trict 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 order of their registration, whenever funds are available for the purpose in said Special Improvement District No. 623. Said bonds shall draw COMMISSION RESOLUTION NO. 2200 -,".-'. ~... - -'" --- ---. - ...-- ..- - -,- 62 - - 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, relating to special improvement districts in cities, and towns, and any amendments thereof or thereto. Section 7 I Waiver of Protest That at the regular session of the City Commission of the City of Bozeman on this day, the Commission received from Mr. and Mrs. Virgil Jahnke a waiver of hearing of protests to Special Improvement District No. 623. The Jahnkes are the only owners of real property in the district which will be assessed. T hat the Commission accepts and approves said Waiver, and waives public hearing to the creation of Special Improvement District No. 623. PASSED AND ADOPTED by the Commission of the City of Bozeman, Montana, at a regular and stated session of said Commission held on MAYOR ATTEST: Clerk of the CityCol!!~' sion State of Montana ) I 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 Resolution No. 2200 was published by title and number in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City, in the issue dated the 26th day of June, 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 24th day of June, 1980. (;:/~~ /~Lq Clerk of the City Co~ion I COMMISSION RESOLUTION NO. 2200 - -.. - -- ..--.-