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HomeMy WebLinkAboutResolution 1116 Creates SID No. 438 263 COMMISSION RESOL r:rl'IuN Nu. 1116 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZmtAN DECLArING IT TO BE THE INTENTION OF THE CITY 01" BOZEMAN TO CREATE A SPECIAL D'TPTIOVEMENT DISTRICT TO BE KNOWN AS S.t-'EC- IAL IMPROVEMENT DISTRICT NO. 438 FoR THE PURPOSE OF CON" STBTTCTING AI\TD INSTALLING AN OUTFALL SEWER TO ALL uF LOTS 4 I THROUGH 22 INCLUSIVE OB BLOCK" A" AND ALL OP LO'l'S 1 THROUGH <4: INCLusnTE OF BLOCK ItE" UP THE MAl'LE 'I'ERRACE SUBDIVISION, SAID SANITARY SEWER PROJECT TO INCLUDE ALL A1'1'URTENANT WORK, INCLlTDING NECESSARY PIPE LINES, MANHOLt';S AND OTHER NECESSARY A}'l)URTENANCES. ' WHEREAS, there has been filed with the Clerk of the City Commission of the City of Bozeman, Montana, a pe~i~ion in due form of certain owners of pro- perties situated within the boundaries herein~fter s~ecified, (:( sking t.ha t a specla~ improvement district be creHted for the purpose of constructing and installlng an ou tfa!l sewer to provide sani tary s ewers for all lots wi th the d i s tr i ct. WT1EREAS, that at a regular meeting of the C1ty ComrlisE::Jon of the C1 ty of Bozeman held on the 2~!th df\Y of API'il, ..l96~, the Hforesa1d pet1tion was respect- ively considered and granted; NOW, T1ffiREPORE, BE IT RESOLVED BY THE CITY COMMISSION OF TIm CITY OF BOZEMAN: See tion 1. Dee lara tion of In ten tion Tha tIt 18 hereby dec.wred to be the intention of the City of Bozerrtan to create a special ill'provement district to be known and designated as o.)pecial Improvement District No. 438 of the City of Bozeman for the purpose of constr- ucting and installing an mltfall sewer, said project to inc..lude a~l appurtenant work, for the construction of a seweraGe system to provide sanitary sewers for all I lots within the district. Sec tion 2. Boundaries The boundaries of said Special Ir"provernent District No. ~38 are described as follows: Beginning at a point which lies 16U feet North 20u3' West and 30 feet North 880b3'38" East of the Southwest section corner of Section One ( 1) , Township 2 South, Hange 5 Eas t, M.P.M., said point being the northwesterlY corner of Lot 23 and also the southwesterlY corner of Lot 22 of Block "A" of the Maple Terrace Subdivision, being a Rearrange- ment of Tracts 1, 2, 3, 4, 9, 11 and 13 of Homesites Sub- division to Bozeman, IvIon tana, and being the true pain t of beginning; thence easterly along the lot lines of Lots 6, 7, ~2, 23, 24, 25 and 26 of Block "A" of said Maple Terrace Sub,di vis ion, a distance of 4uO feet to a point on the westerlY lot line of Lot 1 of said Block itA"; thence nOI' th- erly along the easterly lot ~ine of Lot 6 a distance of 14U feet to the southerly line of Lot 5; thence easterly along the southerly line of said Lot 5 a distance of 40 feet to the soutbeasterly corner of said Lot 5; ttlence norther~y along the easterly lot lines of Lots 4 and 5 of said Block "A", across Terrace Avenue and along the east- erly lot lines of Lots 1, 2, 3, and ~ of Block "B" of said Maple ~f'err,'lce Subdiv~_sion a distance of 6'l..l.6 feet to the northeaster..lY corner of Lot 4 of said B~ock "B"; thence westerly along the nortberly boundary of said Maple 'l'errace I Subdivision a distance of ~4U.l feet to the northwesterly corner of Lot Ib of Block "A" of said II,1ap1e Terrace <:>ub.. divisLm; thence South 2003t East a~ong the westerlY lot lines of Lots 15, 16, 1'7, H1, FI 2U, and 22 of said ~ , Block HAil of said Maple Terrace Subdivision, a dis tance of 811.6 feet to the true point of beginning; Containing within the above described boundaries the followin~ lots, to-wit: All of Lots ~ through 22 inclusive, of Block "A" and till of Lots 1 thrOllgh 4 inclusive of Rlock "B" of the Maple Terrace .::,)ubdivis1on. 264- See tion :3 Character of Improvements Construction of an outfall sanitary sewer ranging in size from 4" to e" and extending to all of Lots 4 thr011f!h 22 incl.usive of Block "At! and all of Lots 1 through 4 incl.usIve of B.1ock "B". of the ~"aple Terrace S,ubdlvislon to the Ui ty of Bozemfm, said sanitary sewer pro;ject to include necessary pipe lines, manhoLes and other necessary appurten~nces. Sec tion 4:. I Es ti1Y'a te of Cas t Preliminary estimate of cost for this project is ~lU,95U.OU, including aLl trench excavation and backfill, al.l materials, installation costs, engineoring and incidentals. Section 5. Me thod of As se s smen t The preliminary ostimute of cost as set forth above Will be assessed on an actual area basis. Section 6. Pa ymen ts The pa ymen ts for said improvemen ts Sba.11 be made in twenty (20) anrual installments extending over a period of Nineteen (19) years, but this shall. not be construed to prevent payment in f1)11 at an~T regular payment date b~r any pro- perty owner who desires to do so. It is proposed to pay the entire cost and expense of the construction and inst.qll.ation of said improvements with cash to be obtained from thB s81e of bonds of said Special Improvement District No. 438, as authorized by law. Such bonds will. be in denominations of $lUU.uu each, and fractions or multiples of *;lOu.uU where necessary, to be issued and chargeable against a fund to be lmown and cle~ignatec1 as Special Improvement District No. 438 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 spechJl Improvement District No. 438. Said bonis shall draw a simpLe interest from the date of their registration I until called for payment, at a rate not to exceed six percent (6%) per annum, which interest shall be ctwrgoable as part of the cost of construction and ins ta 118. tion of SB id i. "1 pr 0 verr. e... n ts . The bonds will be is sued and s old in accord- ance with the provisions of Section ll-2232 and Section 11-2271, Rev~fed Codes of Montana, 194'1, and all other aPlJ.LicB.bl.e provisions of '1'i tle 11 of the Revised Code s of Montana, 1.94'1, re l~ ting to Spec .1~l improvemen t dis tric ts in cities and towns, Hnd any ame~dments thereof or thereto. Section '1. Protests and Notice That the reg1Jlar scsf!ion of the City Comrr:Lssion of the City of Bozeman, to be held at the Conl'^1J.ssion Chamber, City Ha.11. Building, r~ozeman, Ivlontan,,", on Wednesday, the 2uth day of May, A. D. l.964, at the hour of one o'clock p.m. of said day, 1s the time and place when Hnd where the Ci ty Commission will hear and pass upon a.1l protests du1.Y and regularly made and filed against the creation of said prolJosed Special Improvement Dis'rict No. 43B, the improuements proposed to be made pursUFJ:nt thereto and the extent and chr:~racter thereof, or either thereof; and the Clerk of the City Commission be, and he 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. AdolJted by the Commiss~on of the City of Bozeman, Montana, at a regular and stated session of said Commission heLd on the 2~th day of April, 1964. S/ R. Harry Morrow ~ Ma yor ATTEST: I S/ C. K. Wilson Clerk of the City Commission .. - -