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HomeMy WebLinkAboutResolution 1584 Special Improvement District 528, Water 489 #11~.'., ji,...1t':'o1 .... '.....,...... COMMISSION RESOLUTION NO. 1584 Is - /5- ']3 ..,.,..... A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ....'.. c:u/I. DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, MONTANA, TO CREpTE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVE- MENTDISTRICT NO. 528 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF LATERAL WATERMAINS AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES, MORE SPECIFICALLY AS FOLLOWS: A SIX (6) INCH WATERMAIN AND APPURTENANCES IN CUTTING STREET AND MORROW STREET AND VARIOUS EASEMENTS IN FIGGINS' I ADDITION AND ON A PORTION OF ARNOLD STREET, COLTER AVENUE AND ON HENDERSON STREET IN GRAF' S THIRD ADDITION. THE CONSTRUCTION AND INSTALLATION TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIALS, CAST IRON WATERMAIN, VALVES AND FITTINGS AND HYDRANTS, SERVICE LINES AND OTHER NECESSARY APPURTEN2 ANCES TO PROVIDE WATER TO ALL LOTS IN THE DISTRICT. 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 within the boundaries of Special Improvement District No. 528 as hereinafter more specifically described, asking that a special improvement district be created for the purpose of constructing and installing lateral water- mains and appurtenances to provide water to lots within the district. WHEREAS, that 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 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 a special im- provement district to be known and designated as Special Improvement District No. 528 of the City of I Bozeman for the purpose of constructing and installing lateral watermains, said project to include all appurtenant work for the construction and installation of watermains to provide water for all lots within the district. Section 2 Boundaries The boundaries of said Special Improvement District No. 528 are described as follows: Beginning at the northwest corner of Section 19, Township 2 South, Range 0 6 East of M.P.H.; thence South 89 12' East a distance of 30.0 feet; thence o 0 South 0 13' West a distance of 165.0 feet; thence South 89 12' East a distance of 15.0 feet to the true point of beginning; thence South along the east- erly 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 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 "A" of Graf's Third Addition; thence North 89006'00" West along the south line of said Block 1 a distance of 364.49 feet to the southwest I corner of said Block 1; thence North 0013'00" East along the westerly line of said Block I, Tract "A" a distance of 330.75 feet to the northwest corner of said Block; thence North 89006'00" West along tae 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 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 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 204.44 feet, more or less, to a point on the westerly line of Langohr Avenue; thence northerly along the west line of said Langohr COMMISSION RESOLUTION NO. 1584 --..---.....----...... ----~._-- ~ 490 Langohr Avenue to a point 268 feet distant southerly from the south line of Arnold Street; thence South 89018'00" 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 south line of Arnold Street; thence North 00007'00" East across Arnold Street and along the west line of Lot 50 of Block 1 of Figgins' Addition a distance of 190.55 feet to the northwest corner of said Lot 50; thence South 89018'00" West a distance of 490 feet to a point on the west line of Block 1 of Figgins' Addition; thence North 00007'00" East along the west line of said Block 1 a distance of 573.10 feet to the nor6hwest corner of Lot 28 of Block 1, Figgins' I Addition; thence North 89 18'00" East a distance of 490 feet to the southwest corner of Lot 21 of Block 1, Figgins' Addition; thence North 00007'00" East along the west lot lines of Lots 21, 8 and 7 of said Block 1 and across Cutting Street and Westridge Drive a distance of 442.5 feet to a point on the north line of Westridge Drive; thence North 89018'00" East along the north lige of Westridge Drive a distance of 33.12 feet to a point; thence North 00 13'00" West a distance of 155.32 feet; thence North 89004'00" East a distance of 309.07 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, Tract "A"., Graf's Third Addition. An unplatted tract of land lying east of Colter Avenue 360'x200' (future Lots 1 through 4 of future Block 6), Graf's Third Addition. An unplatted tract of land (104.97'xl04.44'x356.6') in Figgins' Annexation 2 lying between South Third Avenue and Langohr Avenue south of Arnold Street. An unplatted tract of land 268'x90' lying south of Arnold Street and West of Langohr Avenue in Figgins' Annexation. A tract of land approximately l55'x220', located in the southeast corner of Lot 1, Block 9, Figgins' Addition. Lots 7, 8, 21 and 22 through 50 inclusive of Block 1, Figgins' Addition . Lots 1 through 13 inclusive of Block 2, Figgins' Addition. Section 3 Character of Improvements The character of the improvements to be made is the installation and construction of a six (6) I inch watermain, including all trench excavation and backfill, bedding materials, cast iron water- main, valves and fittings and hydrants, service lines and other necessary appurtenances thereto. Section 4 Estimate of Cost The total estimated costs of the improvements within the district including engineering, legal and contingency is $73,000.00. Section 5 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 streets, avenues, alleys and pub lie places. The total actual assessable area within the entire district is 1,145,740.34 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 figured. Section 6 I 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. 528, as authorized by law. Such bonds COMMISSION RESOLUTION NO. 1584 ..--."..-..----.-. ._,_~_._ ... _, n________ ._.,~- ..--...---...- 491 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. 528 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 ~vailable for the purpose I in said Special Improvement District No. 528. 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 shall be chargeable as part of the cost of construction and installation of said im- provements. 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. 528, there 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. I MAYOR ATTEST: 9 ./ G::~ f ~ ~., /['?0~ /. ~""~--''-'~/''''- Clerk of the City C~ssion I COMMISSION RESOLtrrION NO. 1584 -~_._-~_._------