HomeMy WebLinkAboutResolution 1513 Special Improvement District 509
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COMMISSION RESOLUTION NO. 1513
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A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONTANA. _~~n-l"J- ..._._
DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, MONTANA, TO _.LV ,ri I
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CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVE-
MENT DISTRICT NUMBER 5u9 FOR THE PURPOSE OF CONSTRUCTION AND INSTAL-
LATION OF WATER AND SANITARY SEWER MAINS AND APPURTENANCES TO SERVE
THE ADJOINING PROPERTIES, MORE SPECIFICALLY AS FOLLOWS. A TEN (10)
I INCH WATERMAIN AND APPURTENANCES IN A PORTION OF KAGY LANE, A TEN
(10) INCH WATER MAIN AND APPURTENANCES IN A PORTION OF SOUTH TRACY
AVENUE, A TEN (10) INCH WATER MAIN AND APPURTENANCES ON HEREFORD
STREET BETWEEN SOUTH TRACY AVENUE AND SOUTH BLACK AVENUE. AN EIGHT
(8) INCH WATER MAIN ON HEREFORD STREET BETWEEN SOUTH BLACK AVENUE
AND SOUTH ROUSE AVENUE, AN EIGHT (8) INCH WATER MAIN ON MASON STREET
BETWEEN SOUTH WILLSON AVENUE AND SOUTH ROUSE AVENUE; A FOURTEEN (14)
INCH WATER MAIN ON A PORTION OF GARFIELD AVENUE, A SIX (6) INCH
WATER MAIN ON SOUTH ROUSE AVENUE, PORTIONS OF LINCOLN STREET. AND
PORTIONS OF SOUTH TRACY AVENUE, BETWEEN SmITH BLACK AVENUE AND
HEREFORD STREET. TO CONSTRUCT AND INSTALL SANITARY SEWER MAINS
ON SOUTH TRACY AVENUE, BLACK AVENUE TO KAGY LANE; ACROSS CITY PARK
FROM SOUTH TRACY AVENUE TO MASON STREET. ON SOUTH BLACK AVENUE
FROM ROUSE AVENUE TO MASON STREET. ON SOUTH ROUSE AVENUE, A PORTION
OF EAST LINCOLN STREET, ON HEREFORD STREET AND ON MASON STREET BETWEEN
SOUTH BLACK AVENUE AND ROUSE AVENUE.
THE CONSTRUCTION AND INSTALLATION TO INCLUDE ALL TRENCH EXCAVATION AND
BACKFILL, BEDDING MATERIALS, CAST IRON WATERMAIN. VALVES FITTINGS AND
HYDRANTS AND OTHER NECESSARY APPURTENANCES. THE CONSTRUCTION AND
INSTALLATION OF THE SANITARY SEWER MAINS TO INCLUDE ALL TRENCHING,
INSTALLATION OF SEWER MAINS, BACKFILL. BEDDING MATERIAL, NECESSARY
WYES AND MANHOLES AND OTHER NECESSARY APPURTENANCES.
WHEREAS, there has been filed with the Clerk of the City Commission of the City of Bozeman,
Montana, a petition in due form of certain owners of properties situated within the Doundaries of
Special Improvement District No. 509 as hereinafter more specifically described, asking that a
special improvement district be created for the purpose of constructing and installing water-
I mains and sanitary sewer lateral mains to provide water and sanitary sewers to lots within the
district.
WHEREAS. that at a regular meeting of the City Commission of tne City of Bozeman held on the
17th day of May. 1972, the aforesaid petition was respectively considered and granted;
NCM, 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
improvement district to be known and designated as Special Improvement District No. 5u9 of the
City of Bozeman for the purpose of constructing and installing watermains and sanitary sewer
lateral mains. said project to include all appurtenant work for the construction and installa-
tianof watermains and sewerage system to provide water and sanitary sewers for all lots within
the district.
Section 2
Boundaries
The boundaries of said Special Improvement District No. 509 are described as follows:
I A tract of land in Section 18, Township 2 South, Range 6 East, M.P.M., situated
in the City of Bozeman, County of Gallatin, State of Montana, more particularly
described as follows, to wit:
Beginning at a point, said point being a two inch iron pipe monument regarded
as the Center of Section 18; thence along the North South centerline of said
Section 18 South 000 25' 40" East a distance of 2287.32 feet to a point on
the northerly line of Kagy Boulevard, which is a circular curve to the right
with a radius of 756.51 feet; thence along the arc of said circular curve
through a central angle of 550 49' a distance of 736.88 feet to the point of
COMMISSION RESOLUTION NO. 1513
302
tangency of that curve; thence North 170 35' West a distance of 166.23 feet
to the beginning of a circular curve to the left with a radius of 566.18
feet; thence along the arc of said circular curve through a central angle
of 730 14', a distance of 723.66 feet to the point of tangency of that curve;
thence continuing along the northerly line of aforesaid Kagy Boulevard, South
89011' West a distance of 965.64 feet to the beginning of a circular curve
to the right with a radius of 125.00 feet; thence along the arc of said
circular curve through a central angle of 190 23' a distance of 42.64 feet to
a point; thence North 300 161 East a distance of 356.64 feet to the southeast I
corner of Lot 2 of Block 6 of Thompson Addition No.4; thence continuing
North 300 16' East along easterly line of Lots 2 and 3 of Block 6, Thompsons
4th and Lot 5 of Block 2, Thompsons 2nd, a distance of 230.53 feet to a point
on the easterly lot line of said Lot 5, thence North 290 32' 50" East along
the easterly line of said Lot a distance of 43.21 feet to the southeast
corner of Lot 4, Block 2, Thompsons Addition No.2; thence North 270 11' 20"
East along easterly line of said Lot 4 a distance of 98.55 feet to the south-
east corner of Lot 3, thence North 230 54' 40" East along the easterly line
of said Lot 3 a distance of 98.55 feet to the southeast corner of Lot 2;
thence North 200 38' Bast along the easterly line of said Lot 2 a distance
of 98.55 feet to the southeast corner of Lot 1, Block 2, Thompsons Addition
No.2; thence North,60 20' West along the easterly line of said Lot 1 a
distance of 134.77 feet to the northeast corner of Lot 1, Block 2 of
Thompson Addition No.2; thence westerly along the northerly lot line of
said Lot 1 a distance of 114.91 feet to the northwest corner of said LotI;
thence northerly along the east line of Willson Avenue across Mason Street
to the southwest corner of Lot 2, Block 3 of Thompsons Second; thence
easterly along the south line of said Lot 2 to the southeast corner of Lot
2 of Block 3 of Thompson Addition No.2; thence due north a distance of
243.86 feet to a point on the northerly line of Thompson addition No.4;
thence South 890 39' East along said northerly line a distance of 233.07
feet to a point; thence northerly parallel to and a distance of 100 feet
westerly from the west line of South Tracy Avenue, a distance of 858.7 feet
to a point on the south right of way line of the C. M. St. P. & P.
R. R. Co;
thence Nortth 300 16' East along said right of way line a distance of 185.33
feet to a point. Thence easterly and across City Park and Lots 2 and 3 of
Block 1 of the 1962 Rearrangement of Block 2 of the University Subdivision
to the northwest corner of Lot 5 of said Block 1; thence southerly along the
westerly lot line of said Lot 5 a distance of 80.0 feet..to the southwest
corner of said Lot 5; thence easterly along the southerly lot line of said
Lot 5 a distance of 100.0 feet to the southeast corner of said Lot 5; thence
southerly across South Tracy Avenue a distance of 50.0 feet to the northeast I
corner of Lot 22 of Block 2 of the 1962 rearrangement of Block 2 of
University Subdivision; thence westerly along the north line of said Lot 22 a
distance of 100.0 feet to the northwest corner of said lot; thence southerly
along the north-south centerline of Block 2 of aforesaid 1962 Rearrangement a
distance of 440.56 feet to the southeast corner of Lot 11 of said Block 2;
said point being on the north line of Thompson Addition No.4; thence south
890 26' East along the north line of Thompsons1s Addition No.4 a distance of
695.97 feet to the southwest corner of Lot 4 of Block 7 of University Sub-
division No. 2; thence northerly along the west lot line of said Lot 4 a
distance of 129.07 feet to the northwest corner of said Lot 4; thence north-
westerly across East Lincoln Street a distance of 60.83 feet more or less to the
southwest corner of Lot 24 of Block 4 of University Subdivision No. 2'
thence
,
northerly along the north south centerline of said Block 4 a distance of 989.40
feet to the northwest corner of Lot 13 of said Block 4; thence northerly a
distance of 60 feet across East Garfield Street to the southwest corner of
Lot 14 of Block 3 of University Subdivision No.2; thence northerly along the
north south centerline of said Block 3 a distance of 430.0 feet to the south-
west corner of Lot 2 of said Block; thence easterly along the south line of
said Lot 2 a distance of 100.0 feet to a point on the west line of South Rouse
Avenue; thence northerly along the west line of South Rouse Avenue a distance
of 258.49 feet to the northeast corner of Lot 17 of Block 5 of University
Subdivision; thence North 890 21' East a distance of 160 feet to a point on
the east line of the NWt, Section 18, Township 2 South, Range 6 East, said
point being thg northeast corner of Lot 1 of Block 6 of University Subdivision;
thence South 0 27' 10" East a distance of 1931. 45 feet along the east line
of the NWt, Section 18, Township 2 South, Range 6 East also being the east
line of University Subdivision and University No. 2 to the center of said
Section 18, the point of beginning.
Contained within the above described exterior boundaries are the following
lots, blocks and tracts of land to wit:
I
Lots 1, 2, 3, 4 and 5 of Block I, Lots 1, 2, 3, 4, 5, 6, 7, and 8 of Block 2,
all of Block 3, 4, 7, 8 and 9 and a portion of Block 6 all in Thompson
Addition No.4; south portion of Lots 2 and 3 of Block 1, and Lots 1 through
11 inclusive of Block 2, all in 1962 Rearrangement of Block 2 of University
Subdivision; Lot 4 of Btock 7, Lots 13 through 24 inclusive of Block 4, Lots
4, 6, 8, 10. 12 and 14 of Block 3, Lots 3 through 9 inclusive of Block 5, and
Lots 1 through 14 inclusive of Block 6, all in University Subdivision No.2;
and Lots 1 and 2 of Block 6 in University Subdivision. Areas to be excluded
from assessment are all streets, avenues, parks, and all other public places.
COMMISSION RESOLUTION NO.
1513
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Section 3
Character of Improvements
The character of the improvements to be made is the installation and construction of six (6)
inch watermains, fourteen (14) inch watermains and eight (8) inch watermains, including trench
I excavation and backfill, bedding materials, cast iron watermain, valves fittings and hydrants and
other appurtenant work thereto.
Section 4
Estimate of Cost
The total estimated costs of the improvements within the district including engineering,
legal and contingency is $362.000.00.
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 public places. The total actual assessable area within the entire district is 2,433,628.13
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
Payments
I 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. 509, 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. 509 Fund of the City of Bozeman.
The bonds will be rede-
emable at the option of the City, singly or in multiples, and in the order of their registration,
whenever funds are available for the purpose of said Special Improvement District No. 509.
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 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 citiea and towns, and
I any amendments thereof or thereto.
Section 7
Protests and Notice
That 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 7th day of June,
1972 ,
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 protests duly and regularly made and filed against the
COMMISSION RESOLUTION NO. 1513
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304:
creation of said proposed Special Improvement District 509, 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.
ADOPTED by the Commission of the City of Bozeman, Montana, at a regular and stated session I
of said Commission held on the 17th day of May, 1972.
William E. Grabow, Mayor
ATTEST:
o ,!/ %~
fRN~n: -~RDING ;, )
Clerk of the City Commission
NOTICE IN RE
COMMISSION RESOLUTION NO. 1513 OF THE CITY OF BOZEMAN DECLARING THE INTENTION
OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN
AND DESIGNATED AS "SPECIAL IMPROVEMENT DISTRICT NO. 509. "
NOTICE IS HEREBY GIVEN that on the 17th day of May, 1972, at a regular session of the
Commission of the City of Bozeman, Commission Resolution No. 1513 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 SPECIAL IMPROVE-
MENT DISTRICT NUMBER 509 FOR THE PURPOSE OF CONSTRUCTION AND INSTAL_
LATION OF WATER AND SANITARY SEWER MAINS AND APPURTENANCES TO SERVE THE I
ADJOINING PROPERTIES, MORE SPECIAFICALLY AS FOLLOWS. A TEN (10) INCH
WATERMAIN AND APPURTENANCES IN A PORTION OF KAGY LANE, A TEN (10) INCH
WATER MAIN AND APPURTENANCES IN A PORTION OF SOUTH TRACY AVENUE, A TEN
(10) INCH WATER MAIN AND APPURTENANCES ON HEREFORD STREET BETWEEN SOUTH
TRACY AVENUE AND SOUTH BLACK AVENUE, AN EIGHT (8) INCH wATER MAIN ON
HEREFORD STREET BETWEEN SOUTH BLACK AVENUE AND SOUTH ROUSE AVENUE,
AN EIGHT (8) INCH WATER MAIN ON MASON STREET BETWEEN SOUTH WILLSON
AVENUE AND SOUTH ROUSE AVENUE; A FOURTEEN (14) INCH WATER MAIN ON A PORTION
OF GARFIELD AVENUE, A SIX (6) INCH WATER MAIN ON SOUTH ROUSE AVENUE,
PORTIONS OF LINCOLN STREET, AND PORTIONS OF SOUTH TRACY AVENUE, BETWEEN
SOUTH BLACK AVENUE AND HEREFORD STREET. TO CONSTRUCT AND INSTALL
SANITARY SEWER MAINS ON SOUTH TRACY AVENUE, BLACK AVENUE TO KAGY LANE;
ACROSS CITY PARK FROM SOUTH TRACY AVENUE TO MASON STREET, ON SOUTH
BLACK AVENUE FROM ROUSE AVENUE TO MASON STREET, ON SOUTH ROUSE AVENUE,
A PORTION OF EAST LINCOLN STREET, ON HEREFORD STREET AND ON MASON
STREET BETWEEN SOUTH BLACK AVENUE AND ROUSE AVENUE.
THE CONSTRUCTION AND INSTALLATION TO INCLUDE ALL TRENCH EXCAVATION AND
BACKFILL, BEDDING MATERIALS, CAST IRON WATERMAIN, VALVES, FITTINGS AND
HYDRANTS AND OTHER NECESSARY APPURTENANCES. THE CONSTRUCTION AND
INSTALLATION OF THE SANITARY SEWER MAINS TO INCLUDE ALL TRENCHING,
INSTALLA~lON OF SEWER MAINS, BACKFILL, BEDDING MATERIAL, NECESSARY
WYES AND NAMHOLES AND OTHER NECESSARY APPURTENANCES.
was passed and adopted.
That Wednesday, the 7th day of June, 1972, at one fifteen o'clock p.m., at the Commission
Room of the City Hall, Bozeman, Montana, is designated by Resolution No. 1513 as the time ..hen
and the place where the Commission of the eity of Bozeman will hear and pass upon all protests I
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
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 and
installation of watermains and sanitary sewer lateral mains, said project to include all appur-
tenant work for the construction and installation of watermains and sewerage system to provide
COMMISSION RESOLUTION NO. 1513
.... ----
305
water and sanitary sewers for all lots within the district.
The estimated cost of said improvements within the district including engineering, legal and
contingency is $362,000.00.
For a description of the boundaries of said Special Improvement District No. 509, reference
I is hereby made to Resolution No. 1513 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 11-2204, Revised Codes of
Montana, 1947.
Dated this 17th day of May, 1972 .
g/H6.- /~~+
ERNA V. HARDING
Clerk of the City
Commission
(First published in the Bozeman Daily Chronicle the 22nd day of May, 1972. )
State of Montana )
County of Gallatin ) ss
City of Bozeman )
I I, Erna V. Harding, Clerk of the Commission of the City of Bozeman do hereby certify, that the
foregoing Notice in Re was published at length in the Bozeman Daily Chronicle, a newspaper of
general cirsulation printed and published in said City in the issue of the 22nd day of May, 1972 ,
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 hand and affix the
corporate seal of my office this 17th day of May, 1972 .
~~g:{ L'
...c;;f~ P: ." , ~d .-;1~
ERNA V. HARDING, ./
Clerk of the City Commission
I
COMMISSION RESOLUTION NO.
1513