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HomeMy WebLinkAboutResolution 1559 Special Improvement District 522 -- .-........-. 422 .... .- COMMISSION RESOLUTION NO. 1559 ... Ob..,....t .~.~l_T{5 . ,~.~.'Io A RESOLUTION OF TIlE CITY COMMISSION OF TIlE CITY OF BOZEMAN, MONTANA, DE- ~.~... " CLARING IT TO BE TIm INTENTION OF TIlE CITY OF BOZEMAN, MONTANA, TO CREATE S\\) ,\;. .-- A SPECIAL IMPROVEMENT DISTRICT TO BE KNOHN AS SPECIAL IMPROVEHENT DISTRICT NO. 522 FOR TIlE PURPOSE OF CONSTRUCTING AND INSTALLING AN ASPHALTIC CON- CP~1~ TYPE PAVING, INTEGRAL CONCP~TE CURB AND GUTTERS, NECESSARY APPURTENANCES TIlE RE TO , ALSO CONSTRUCTION AND INSTALLATION OF NECESSARY STORM DRAINAGE PIPE INLETS, }ffiNHOLES, DITCHES OR OTHER APPURTENANCES TO STORM DRAINAGE ON CIRCLE DRIVE AND ^ PORTION OF SPRING CREEK DRIVE IN ~vESTRIDGE, A SUBDIVISION OF A I PORTION OF TUE NORTIlERLY ONE Hi\LF OF THE NORTHHEST QUARTER OF SECTION 19, TOUNSHIP 2 SOUTH, RANGE 6 EAST, H. P.M. , AND BEING A PORTION OF THE CITY OF BOZEMAN. \vHEREAS, there has been filed with the Clerk of the City Commission of the City of Bozeman, Hontana, a petition in due form of certain owners of properties situated on Circle Drive and a portion of Spring Creek Drive in Westridge, a subdivision of the City of Bozeman, Montana, asking that a special improvement district be created for the purpose of constructing and installation of an asphalt concrete type pavemen t , together with integral concrete curbs and gutters and necessary appurtenances thereto, together uith necessary storm drainage facilities appurtenant to such paving; and WHEREAS, at a regular meeting of the City Commission of the City of Bozeman held on the 18th day of October, 1972 , the aforesaid petition was respectively considered and granted; NOH, TIlEREFORE. BE IT RESOLVED BY THE CITY COMNISSION OF TIIE 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 Imown and designated as Special Improvement District No. 522 for the pur- pose of constructing and installing an asphalt concrete type pavement project on Circle Drive and 8 portion of Spring Creek Drive in Westridge, a subdivision of the City of Bozeman, Montana, said pavement project to include construction and installation of integral concrete curbs and gutters I and necessary appurtenances thereto. together wi th necessary storm drainage fac:Ui ties 8ppurtenant to such pavinf';. Sec tion 2 Boundaries. That the boundaries of said Special Improvement District No. 522 are described as follows: Description Beginning at the southeast corner of Lot 11 of Block 5 of Westridge, a subdivision of a portion of the northerly one half of the northwest qua- rter of Section 19, TO\vnship 2 South, Range (, East M.P.H. and being a portion of the City of Bozeman; thence North 17058' East along the east- erly line of said Lot 11 a distance of 125.9 feet to the northeast corner of said Lot 11; thence North 76011'20" Hest along the north lines of said Lot 11, Lot 12 and a portion of Lot 13 a distance of 282.06 feet to the northerly corner of said Lot 13; thence South 84015' Uest along the north lot lines ofa portion of Lots 13, ll!- , 15 and 16, a distance of 453.43 feet to the northwest corner of Lot 16 of said Block 5; thence IIest a distance of 47 feet more or less to the \vest line of Section 19, Township 2 South, Range 6 East; thencp South 00013' West along said section line a distance of 766.56 feet to a point; thence South 89006' East a distance of ~O.07 feet to the southwest corner of Lot 17 of Block 3 of said West- ridge Subdivision; thence continuing South 89006' East along the south- erly lines of Lots 17. 16 and 15 a distance of 291.27 feet to the south- east corner of Lot 15 of Block 3; thence North 000t,8' East along the east line of Lot 15 of Block 3 a distance of 118.7 feet to the northeast corner of said Lot 15; thence northeasterly across Spring Creek Drive to the southeast corner of Lot 10 of Block 4; thence North 00048' East along the easterly line of said Lot 10 a distance of 110.00 feet to the north- east corner of said Lot 10; thence North 2IfO(+!:~' East along the southeast I line of Lot 11 a distance of 29.54 feet to the southwest corner of South Park; thence North 00048' East along the easterly line of Lot 11 of Block 4 a distance of 79.22 feet; thence North 00048' east a distance of 20 feet to the southeast corner of Lot 1 of said Block 4; thence North 000 48' East along the east line of said Lot 1 a distance of 59 Feet to the northeast corner of said Lot 1; thence South 89012' East along the south line of Lot 2 Of said Block 4 a distance of ~9.52 feet to the southeast corner of said Lot 2; thence South 89012' East along the Bouth line of Lot 3 and across the park walk Hay, a distance of 93.58 feet to the southuest corner of Lot 4 of said Block ~; thence South 72033'20" East along the south line of Lot 4 and said line extended a distance of 109.52 feet to the northeasterly corner of South Park; thence S0uth 80003'20" East along the southerly lot line of Lot 5 said Block ~ a distance of 46.62 feet to a point on the south line of Lot 5 which is ~)!i.18 feet at COMMISSION RESOLUTION NO. 1559 . --..... ..--.-....--..-- .. _____.._n..._._ 423 right angles to the westerly line of said Lot 5; thence North 17058' West parallel to and Sf! .18 feet distant easterly from said Westerly line of Lot 5 a distance of 136.95 feet to the northerly line of said Lot S. thence northeasterly across Circle Drive to the south- . , east corner of Lot 11 of Block 4, the true point of beginnings. Contained within the above described exterior boundaries the follow- ing lots, block and tracts of land, to wit: I Lots 15, 16, and 17 of Block 3; Lots 1, 2, 3, 4, a portion of Lot 5, and all of Lots 10 and 11 of Block I!; all of lots 11, 12, 13, llf, 15, 16, 17, 18, 19, 20 and 21 of Block 5, all lots and blocks being in Westridge a subdivision of a portion of the northerly half of the northwest quarter of Section 19, Township 2 South, Range 6 East and being <J portion of the City of Bo?eman, Hontana. S ection 3 Character of Improvements Construction of a pavement project with integral concrete curbs and gutters and RtorTil drainage and necessary appurtenances to said construction on Circle Drive and a portion of Spring Creek Drive in vJestridge, a subdivision of the City of Bozeman, Montana, said pavement project to include con- struction of an asphaltic-concrete type surface course, all necessary excavation, gravel backfill and other appurtenant work thereto. S ee tion 4 Estimate of Cost The total estimated costs of the improvements within the district including engineering, legal and contingency is $77,000.00. S ection 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, h'hich its area bears to the area of the entire district exclusive of streets, avenues, alleys and public places, and further, each square foot of land within the dlstrict lying within 25 feet of I the line of the street on which the improvements herein provided for are made shall bear double the amount of the costs of such improvements per square foot of such land that each square foot of any other land within the district shall bear. Furthermore, that portion of Lot 5 of Block 4 that is included within the district shall be reimbursed for 54.18 feet of integral concrete curb and gutter now in place at the Same unit cost as incurred by the balance of the assessable area. The total actual assessable are~within the entire district is 337,791.29 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. S ee tion 6 P ayments That 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. 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 Imrovement District No. 522 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 Improve- ment District No. 522 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 avail- able for that purpose in said Special Improvement District No. 522. Said bonds will draw a simple I interest from the date of their registration until called for paymen t , at a rate not to exceed seven per cen t (770) per annum, which interest shall be chargeable as a 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, 19l~ 7, and all other applicable pro- vis ions of Ti tIe 11 of the Revised Codes of Man tana, 19/f 7, relating to special improvement districts in cities and towns and any amendments thereof or thereto. S ection 7 Protests arid Notice That the regular session of the City Commission of the City of Bozeman to be held at the Commiss- ion Chamber, City Hall Building, Bozeman, Montana, on Hednesday, the 31st day of January, 1973 , at COM}1ISSION RESOLUTION NO. 1559 . 424 the hour of one fifteen o'clock p.m. of said day, is the time and place, when and where the ~ity Commissi.on will hear and pass upon all protests duly and regularly made and filed against the crea- tion of said proposed Special Improvement District No. 522, the improvements proposed to be made pursuant thereto and the extent and character 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 adop- tion of this resolution of intention. I Adopted by the commission of the City of Bozeman, Montana, at a resulsr and stated session of said Commission held on the 10th day of January 1973. WILLIAM E. GRADOW, Mayor ATTEST: t~ /~ ("")" , ~ .( /0 /. (7;~?~'" oy . ../ ERNA V. HARDING, Clerk of the City Commission NOTICE IN RE COMMISSION RESOLUTION NO. 1559 OF THE CITY OF BOZEMAN DECLARING THE INTEN- TION OF THE CITY OF BOZEMAN TO CREATE ^ SPECIAL IMPROVEMENT DISTRICT TO BE KNOHN AND DESIGNATED AS "SPECIAL IMPROVEMENT DISTRICT NO. 522." NOTICE IS HEREBY GIVEN that on the 10th day of January, 1973, at a regular session of the Commission of the City of Bozeman, Commission Resoluti.on No. 1",59, entitled: A RESOLUTION OF THE CITY COMMISSION OF TIlE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, MONTANA, TO CREATE A SPECIAL IMPROVEHENT DISTRICT TO BE KNOVJN AS SPECIAL IMPROVEMENT DISTRICT NO. 522 FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING AN ASPHALTIC CONCRETE TYPE PAVING INTEGRAL CONCRETE CURB AND GUTTER, NECESSARY APPURTENANCES THERETO. ALSO CONSTRUCTION AND INSTALLATION OF NECESSARY STOPJ.1 DRAINAGE PIPE INLETS, MAN- HOLES, DITCHES OR OTHER APPURTENANCES TO STO&'1 DRAINAGE ON CIRCLE DRIVE AND A PORTION OF SPRING CREEK DRIVE TN HESTRIDGE, A SUBDIVISION OF A PORTION OF THE NORTIlERLY ONE HALF OF THT-" 1\TilP'T'H1;vEST i)UARTER OF SECTION 19, TOWNSHIP 2 SOUTH, I r~NGE h EAST, M.P.M.. and BEING A PORTION OF THE CITY OF BOZEMAN. was passed and adopted. That Hednesday, the 31st day of January 1973, at one fifteen o'clock p.m. at the Commission Room of the City Hall, Bozeman, Montana, is designated by Resolution No. 1559 as the time when and the place where the Commission of the City of Bozeman will hear and pass upon all protests that may be made against the making of such improvements, or the creation of said districts. Protests must be made in Hr1 hng and delivered to the Clerk of the C1 ty Commission wi th fifteen (15) days after date of the first publication of this notice. The general character of the improvements proposed to be made is the construction of a pavement project with integral concrete curbs and gutters, together with necessary storm drainage facilities appurtenant to such paving on Circle Drive and a portion of Spring Creek Drive in Westridge, a sub- division of the City of Bozeman, Montana. The estimated costs of said improvements within the district, including engineering, legal and contingency, to be assessed against said district is the sum of $77,000.00. For a description of the boundaries of said Special Improvement District No. 522 reference is hereby made to Resolution No. 1559 of the 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 said Commission in the City Hall of said City of Bozeman, State of Montana, and open for inspection to all interested parties and the public generally. This notice is given pursuant to the provisions of Section 11-220tl, Revised Codes of Montana, 19/+7. Dated this 10th day of January, 1973. f~t~~' ;:(~L:i: I ERNA V. HARDING ,~ Clerk of the City Commiss ion First published in the Bozeman Daily Chronicle 15 January, 1973. -. .- - ""- 4 25 State of Montana County of Gallatin City of Bozeman I T, Erna V. Harding, Clerk of the Commission of the City of Bozeman, do hereby certify, that the foregoing Notice in Rp, Co mmission Resolution No. 1559, Has published at length in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in Bozeman in the issue of the 15th day of Janucwy 1973, and for fivp consecutive days, due proof of such publicatfon is on file in my office. IN \HTNESS HHEHEOv T hereunto set my hand and affix the corporate seal of my office tl1::.s 7th day of March, 1973. y~ , ce-' ':, ;1-~. '-_.~ I ERNA '1, 'FIRDING, Clerk of the City Commission I I C011I1HSSION RESOLUTION NO. 1.559 .~.