HomeMy WebLinkAboutResolution 1582 Special Improvement District 526, Water
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COMMISSION RESOLUTION NO. 1582
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_4 ""fIM~"'III-'" A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
,_~ :-lS--'7J DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, MONTANA, TO
{;O it, ~.."., ,~- CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVE-
~-' ,,~ - MENT DISTRICT NO. 526 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION
OF A TRUNK WATER MAIN AND NECESSARY APPURTENANCES TO SERVE THE FIGGINS'
ADDITION AND GRAF'S THlRD ADDITION TO THE CITY OF BOZEMAN MORE SPECIFICALLY
AS FOLLOWS: A TEN (10) INCH WATER LINE ON SOUTH THIRD AVENUE FROM KAGY
BOULEVARD TO A POINT APPROXIMATELY 1,656 FEET SOUTHERLY THEREFROM, ALSO I
ON A PORTION OF WESTRIDGE DRIVE AND A PORTION OF LANGOHR DRIVE IN FIGGINS'
ADDITION.
THE CONSTRUCTION AND INSTALLATION TO INCLUDE ALL TRENCH EXCAVATION AND
BACKFILL, BEDDING MATERIALS, CAST IRON WATER MAIN VALVES, HYDRANTS,
FITTINGS AND OTHER NECESSARY APPURTENANCES TO THE WATERMAIN.
WHEREAS, there has been filed with the Clerk of the City Commission of the city of Bozeman,
Montana, a petition in due form of 100% of the owners of properties situated in the Figgins'
Addition and Graf's Third Addition to the city of Bozeman, asking that a special improvement
district be created for the purpose of constructing and installing a trunk water main and
necessary appurtenances to serve the lots within said district; and
WHEREAS, at a regular meeting of the City Commission of the city of Bozeman held on the 28th
day of March, 1973, the aforesaid petition was respectively considered and granted;
NOW, THEREFORE, BE IT RESOLVED BY THE CrTY 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 a special
improvement district to be known and designated as Special Improvement District No. 526 for the
purpose of constructing and installing a trunk water main to serve the Figgins~ Addition and Graf's I
Third Addition to the city of Bpzeman, Montana.
Section 2
Boundaries
That the boundaries of said Special Improvement District No. 526 are described as follows:
Beginning at the northwest corner of Section 19, Township 2 South, Range 6 East
00,
of M.P.M.; thence South 89 12' East a distance of 30.0 feet; thence South 0 13
0
West a distance of 165.0 feet; thence South 89 12' East a distance of 15.0 feet;
thence south along the easterly line of South Third Avenue a distance of 1159.01
feet to the northwest corner of Lot 1 of Graf's Third Addition to the City of
Bozeman; thence South 89006' East along the north line of said Graf's Third
Addition a distance of 961.09 feet to the northeast corner of said Graf's Third
Addition; thence South 10013' 30" West along the east line of said Graf' s Third
Addition a distance of 320.0 feet; thence continuing along said east line of
said Graf's Third Addition South 53018'30" West a distance of 205.77 feet;
thence continuing along said east line of said Graf's Third Addition South
5027'00" West a distance of 320.68 feet; thence continuing along said east line
of said Graf's Third Addition, South 2059'30" West a distance of 375.88 feet;
thence North 84043' West a distance of 196.61 feet; thence northwesterly a
distance of 66.69 feet to the southeast corner of Block 1 of Tract "~' of
Graf's Third Addition; 0
thence North 89 06'00" West along the south line of
said Block 1, Tract "~' a distance of 364.49 feet to the southwest corner;
thence North 0013'00" East along the westerly line of said Block 1 of Tract
"~. a distance of 330.75 feet to the northwest corner of said Block; thence
North 89006'00" West along the south lot line of Lot 1 of Block 3 of Graf's
Third Addition a distance of 91.71 feet to the southwest corner of said Lot
1. thence northwesterly across South Third Avenue to a point on the east I
,
line of the Figgins' Addition to Bozeman, Montana, said point lying 365.6
feet South 00013' West of the southeast corner of Figgins' Addition of
Blocks 1, 2, and a portion of Block 9 as now filed and recorded in the
County Clerk and Recorder's Office, Gallatin County, Montana; thence
South 89018'00" West parallel to and 365.6 feet distant southerly from
the south line of Arnold Street of said Figgins' Addition, a distance of
164.44 feet more or less to a point on the westerly line of Langohr Avenue;
thence northerly along the west line of said Langohr Avenue to a point 268
feet distant southerly from the south line of Arnold Street; thence South
89018' West a distance of 90 feet; thence northerly parallel to and 90 feet
distant westerly from the west line of Langohr Avenue a distance of 268 feet
to a point on the southerly line of Arnold Street; thence South 89018' West
along the south line of the platted Figgins' Addition, Blocks 1, 2 and a
COMMISSION RESOLUTION NO. 1582
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483
portion of Block 9 as recorded and said south line extended. a distance of
1029.5 feet to a point on the east right of way line of the Chicago, Milwaukee,
St. Paul and Pacific Railway Co.; thence along said east right of way line
North 00007'00" East a distance of 316.62 feet; thence continuing along
said east right of way line along a circular curve to the right of radius
1382.5 feet through a central angle of 30018' an arc distance of 731.11
feet; thence continuing along said east right of way line North 30025' East
a distance of 596.6 feet to the northwest corner of Block 9 of Figgins'
Ad. it i on; thence along the north line of said Block 9. North 89004' East
I a distance of 572.44 feet; thence South 0013' West a distance of 164.97
feet; thence North 89004' East a distance of 234.07 feet to the present
west right of way line of South Third Avenue; thence North 0008' West
along said west right of way line a distance of 1482 feet more or less
to the centerline of Kagy Boulevard; thence North 89011' East along said
centerline a distance of 75 feet; thence South 0008' East along the east
line of South Third Avenue a distence of 1317.81 feet to the north line
of Section 19. Township 2 South. Range 6 East; thence North
89012' West
along said south section line a distance of 15 feet to the true point of
beginning.
Containing within the above described exterior boundaries. the following
lots, blocks. and tracts of land. to wit;
Lots 1 through 15 inclusive of Block 1. Graf's Third Addition.
Lots 1 through 10 inclusive of Block 2. Graf's Third Addition.
Lots 1 through 5 inclusive of Block 3. Graf's Third Addition.
Block 1 of Tract "A" of Graf's Third Addition.
An unplatted tract of land lying east of Colter Avenue 360' x 200'
(future Lots 1 through 4 of future Block 6), Graf's Third Addition.
An unplatted tract of land (104.97' f 104. 44 ' X 365.6')
in
2
Figgins' Annexation lying between South Third Avenue and Langohr Avenue
South of Arnold Street.
An unplatted tract of land 268' x 90' lying south of Arnold Street and
west of Langohr Avenue in Figgins' Annexation.
An unplatted tract in Figgins' Annexation bounded by the south line of
Arnold Street extended westerly. the east line of the Chicago. Milwaukee,
St. Paul & Pacific Railway right of way, the southwest line of Lot 1.
of
Block 9 of Figgins' Addition. and the west line of Block 1 of Figgins'
Addition.
I Lots 1 through 58 inclusive Block I, Figgins' Addi t ion.
Lots 1 through 13 inclusive Block 2. Figgins' Addition
Lot 1. Block 9. Figgins' Addition.
Section
3
Character of Improvements
The character of the improvements to be made is the installation and construction of a ten (10)
inch water line on South Third Avenue from Kagy Boulevard to a point approximately 1,656 feet south-
erly therefrom, also on a portion of Westridge Drive and a portion of Langohr Drive in Figgins'
Addition, including all trench excavation and backfill, bedding materials, cast iron water main
valves, hydrants. fittings and other necessary appurtenances to the watermain.
Section
4
Estimate of Cost
The estimated costs of the improvements within the district including engineering. legal and
contingency is $95.000.00. Included within the total cost to the district is the sum of $3.590.00
to be a reimbursement to Special Improvement District No. 511 as payment for the material costs only
of an eight and ten inch watermain.
Section
5
I Method of Assessment
The cost of such improvement 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 the streets. avenues. alleys
and public places. The total actual assessable square feet within the entire district is
1,929,884.93 square feet. and is the area on which all proptest will be received. considered and
determined. It is also the figure on which all assessments will be figured.
COMMISSION RESOLUTION NO.
1582
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484
Section 6
Payments
The payments for said improvements shall be made in twenty (20) annual installments ex-
tending 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. lt is proposed
to pay the entire cost and expense of the construction and installation of said improvements with I
cash to be obtained from the sale of bonds of said Special Improvement District No. 526, as
authorized by law. Such bonds will be in denominations of $100.00 each, and fractions or multiples
of $100.00 where necessary, to be issued and chargeable against a fund to be known and designated as
Special Improvement District No. 526 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. 526. Said bonds shall
draw a simple interest from the date of their registration until called for payment, at a rate not
to exceed seven percent (7%) per annum, which interest sh3.11 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 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 in cities and towns, and any amendments thereof or thereto.
Section 7
Protests and Notice
Due to the fact that 100% of the real property owners in this special improvement district have
petitioned for and consented to the formation of said Special Improvement District No. 526, there
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can be no protests and no notice is necessary according to the provisions of Section 11-2201 (4)
(c) , Revised Codes of Montana, 1947, as amended.
ADOPTED by the Commission of the City of Bozeman, Montana, at a regular and stated session of
said Commission held on the 6th day of June, 1973.
Mayor
ATTEST:
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Clerk of the' City ommission
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COMMISSION RESOLUTION NO. 1582