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HomeMy WebLinkAboutResolution 1852 Special Improvement District 574 '19G COMMISSION RESOLUTION NO. 1852 - 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 SID NO. 574 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF WATERMAINS AND APPUR- TENANCES TO SERVE THE ADJOINING PROPERTIES, ~10RE SPECIFICALLY AS FOLLOWS: A SIX (6) INCH WATERMAIN AND APPURTENANCES IN HAYES STREET AND IN AN EASEMENT NORTHWESTERLY THEREFROM ACROSS TRACT 12, BOZEMAN CREEK ANNEXA- TION TO GARFIELD STREET. THE CONSTRUCTION AND INSTALLATION TO INCLUDE I ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIALS, CAST IRON WATER- MAIN, SOME CAST IRON SEWER MAIN FOR CROSS-OVER AREAS, VALVES, FITTING, HYDRANTS, SERVICE LINES, AND OTHER NECESSARY APPURTENANCES TO PROVIDE WATER TO THE LOTS IN THE DISTRICT. WHEREAS, there has been filed with the Clerk of the City of Bozeman a petition in due form of certain owners of property situated within the boundaries of Special Improvement District No. 574, as hereinafter more specifically described, asking that -, a special improvement district be created for the purpose of constructing and install- ing watermain~ to serve the lots within the district; and, WHEREAS, that at a regular meeting of the City Commission of the City of Bozeman, held on the 20tH day of October 1976, the aforesaid petition was respectively con- sidered and granted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOZEHAN: Section 1 Declaration of Intention It is hereby declared to be the intention of the City Commission of the City of Bozeman to create a special improvement district to be known and designated as Special Improvement District No. 574 of the City of Bozeman for the purpose of con- I structing and installing lateral watermains and sanitary sewer laterals, said project to include all appurtenant work to provide water and sewer service to all the lots within the district. Section 2 Boundaries The boundaries of Special Improvement District No. 574 are described as follows: Beginning at Corner No. 1, which is marked with a brass capped iron monu- ment, and is identical with the northeast corner of the Eck Addition to the City of Bozeman, which is a subdivision of record, thence from Corner No. 1, North 89053'53" East along the south line of Garfield Street a distance of 252.88 feet to Corner No. 2, which is marked with a brass capped iron monument on the west right of way line of the Chicago, Mil- waukee, St. Paul, and Pacific Railroad, thence, from Corner No. 2, South 30016'00" West along the said right of way line a distance of 746.79 feet to Corner No. 3, which is marked with a brass capped iron monument, and is at the point of intersection of the said right of way line and the east line of the Butte Addition to Bozeman, thence, from Corner No. 3, North 00002'46" West along the east line of the Butte Addition a distance of 419.73 feet to Corner No.4, which is on the south line of said Eck Addi- tion, and from which the southeast corner of the Eck Addition, which is marked with a steel rod, bears North 89056'00" west, 0.49 feet; thence from Corner No. 4, South 89056'00" East along the south line of the Eck Addition a distance of 89.48 feet to Corner No. 5, which is identical with the southeast corner of the Eck Addition, and is marked with a steel rod; thence from Corner No. 5, North 08041'26" East along the east line of the Eck Addition a distance of 227.53 feet to Corner No. lo Included I within said boundaries is all of Tract 12, Bozeman Creek Annexation. Section 3 Character of Improvements The character of the improvements to be made is the construction and installation of a six (6) inch cast iron watermain including all trench excavation and backfill, bedding materials, watermain, valves, hydrants, fittings, cast iron pipe, and all other work appurtenant thereto. COMMISSION RESOLUTION NO. 1852 -..-- -. ... - ---~- ,197 Section 4 -, Estimate of Cost The estimated cost of the improvements within the district, including engineer- ing, legal, administration, and contingency is $17,500. Section 5 ~,--- I Method of Assessment The cost of the 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 dis- trict, exclusive of streets, avenues, alleys, and public places. The total actual assessable area within the entire district is 97.425 square feet, which is the area on which all protests will be received, considered, and determined, and on which all assessments will be calculated. Section 6 Payment The payments for the improvements shall be made in twenty (20) annual install- ments over a period of nineteen (19) years, but this shall not be construed to pre- vent 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. 574, as authorized by law. Such bonds will be in denominations of $100.00 each, and fractions or multiples of $100.00 I where necessary, to be issued and chargeable against a fund to be known and desig- nated as Special Improvement District No. 574 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 on said Special Improvement District No. 574. Said bonds shall draw 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 improve- ments. The bonds will be issued and sold in accordance with the provisions of Section 11-2232 and Section 11-2271, Revised Codes of Montana, 1947, and all other applicable provisions of Title 11 of the Revised Codes of Montana, 1947, relating to special improvement districts and cities and town, and any amendments thereof or thereto. Section 7 Protests and Notice 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 I 12th day of January, 1977, 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 pro- tests duly and regularly made and filed against the creation of said proposed Spe- cial Improvement District No. 574, 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. COMMISSION RESOLUTION NO. 1852 198 ADOPTED by the City Commission of the City of Bozeman at a regular and stated session of said City Commission, held on the.2:1d day of De.:_=mb~; 1~9~6. (_~~r." ,tv. ~"CZ ,--./ ---ayor .- ATTEST: C ~~ I --?-~ . .~ - -.. Clerk of theC~ty _ ~ss~on NOTICE IN RE COMMISSION RESOLUTION NO. 1852 OF THE CITY OF BOZEMAN, DECLARING THE INTENTION OF THE CITY COMMISSION TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AND DESIGNATED AS "SPECIAL IMPROVEMENT DISTRICT NO. 574". Notice is hereby given that on the 22nd day of December 1976 at a regular session of the City Commission of the City of Bozeman, Commission Resolution No. 1852, 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 SID NO. 574 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF WATERMAINS AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES, MORE SPECIFICALLY AS FOLLOWS: A SIX (6 ) INCH WATEID1AIN AND APPURTENANCES IN HAYES STREET AND IN AN EASEMENT NORTHWESTERLY THEREFROM ACROSS TRACT 12, BOZEMAN CREEK ANNEXATION TO GARFIELD STREET. THE CONSTRUCTION AND INSTALLATION TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIALS, CAST IRON WATERMAIN, SOME CAST IRON SEWER MAIN FOR CROSS-OVER AREAS, VALVES, FITTINGS, HYDRANTS, SERVICE LINES, AND OTHER NECESSARY APPURTENANCES TO PROVIDE WATER TO THE LOTS IN THE DISTRICT. was passed and adopted. That Wednesday, the 12th day of January 1977 at 1:15 o'clock p.m. at the Commission Room of the City Hall, Bozeman, Montana, is designated by Commission Resolution No. 1852 as the time when and where the City Commission of the City of I Bozeman will hear and pass upon all protests that may be made against the making of such improvements, or the creation of said district. Protests must be made in writing and delivered to the Clerk of the City Commission within 15 days after date of the first publication of this notice. The general character of improvements is the construction and installation of watermains and appurtenances to serve the adjoining properties, more specifically as follows: A six (6 ) inch watermain and appurtenances in Hayes Street and in an easement northwesterly therefrom across Tract 12, Bozeman Creek Annexation to Garfield Street. The construction and installation to include all trench excavation and backfill, bedding materials, cast iron watermain, some cast iron sewer main for cross-over areas, valves, fittings, hydrants, service lines, and other necessary appurtenances to provide water to the lots in the district. The estimated cost of said improvements within the districts, including engineer- ing, legal administration, and contingency is $17,500. For a description of the boundaries of said Special Improvement District No. 574 I reference is hereby made to Commission Resolution No. 1852 of the City Commission of the City of Bozeman, declaring the intention to create said district, which is on file in the office of the undersigned Clerk of the said City Commission in the City Hall of said City of Bozeman, Montana, and open for inspection to all interested parties and bhe public generally. This notice is given pursuant to the provisions of Section 11-2204, Revised Codes of Montana, 1947. COMMISSION RESOLUTION NO. 1852 '_n. -.-----.-..---.- ---------------- - - . .- -~ ..-.---. -. 199 Dated this 22nd day of December 1976 ~ tt~ C e~ t e' C1 ~o 1ssion I First published in Bozeman Daily Chronicle 27th day of December 1976 State of Montana ) County of Gallatin) ss. City of Bozeman ) I, Erna V. Harding, Clerk of the Commission of the City of Bozeman, do hereby certify that the foregoing Notice was published at length in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City in five consecutive issues from the 27th through the 31st days of December 1976, and due proof of such publication is on file in my office. IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my office this 6th day of January 1977. Z~d$~ .-- Clerk of the City ission I - I / "- COMMISSION RESOLUTION NO. 1852 ---..-....--- .- . --.--.-.--....,--. .- ~ -.-. ...-.."'..-.-...-.. .