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HomeMy WebLinkAboutResolution 1045 Creates SID No. 426 98 COMMISSION RESOLUTION NO. 1045 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN' DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPEC~ IAL IMPROVEMENT DISTRICT NO. 426 FOR THE PURPOSE OF CON~ STRUCTING AND INSTALLING AN EIGHT INCH OUTFALL SEWER FROM I EAST MAIN STREET AND ROUSE A VENUE TO THE NORTH LINE OF UNIVERSITY SUB~DIVISION AND FOR THE CONSTRUCTING AND INSTALL~ ING OF AN EIGHT INCH LATERAL SEWER FROM THE NORTH LINE OF UNIVERSITY SUB~DIVISION TO THE NORTH LINE OF WESTRIDGE SUB- DIVISION, SAID SANITARY SEWER PROJECT TO INCLUDE ALL APPURTENANT WORK, INCLUDING NECESSARY PIPE LINES, MANHOLES AND OTHER NECESSARY APPURTENANCES. WHEREAS, there haa 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 on the streets hereinafter specified, asking that a spec- ial improvement district be created for the purpose of constructing and installing an eight inch outfaLl sewer and for the purpose of constructing and installing an eight inch Lateral sewer, for the construction of a sewerage system to provide sanitary sewers for all Iota within the district. WHEREAS, that at a regular meeting of the City Commission of the City of Bozeman held on the 25th day of July, 1962, the aforesaid petition was respect- ively 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 improvement district to be known and designated as Special I Improvement District No. 426 of the City of Bozeman for the purpose of con- structing and installing an eight inch outfall sewer and for the purpose of constructing and instaLling an eight inch lateral sewer, said project to include all appurtenant work, for the construction of a sewerage system to provide sani~ tary sewers for all Iota within the district. Section 2 Boundaries The boundaries of said Special Improvement District No. 426 are described as follows: All that portion of Section IH, T2S, R6E, M.P.M., beginning at the Southwest corner of said Section 18, Township 2 South, Range 6 East of the Montana Principal Meridian; thence along the westerly line of said Section Eighteen North 00001' West a distance of 1,465.07 feet to a point on the Southeasterly line of the Fifty foot right-of-way of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company; thence along said Southeasterly right-of~way line North 30016' East a distance of 1,353.60 feet to the point of intersection with the south~ erly line of Butte Addition to Bozeman, Montana, thence along said southerly line East a distance of 245.95 feet to the Southeasterly corner of said Butte Addition; thence along the easterly line of aforesaid Butte Addition North 00001' East a distance of 421.'75 feet to a point on the Southeast~ erly line of aforesaid railroad right-of-way; thence along aforesaid Southeasterly right-of-way line North 30016' East a distance of 1,5u3.57 feet to a point; thence South 59016' East a distance of 97.81 feet to the point of beginning of I a circular curve to the right with the radius of 233.19 feet; thence along the arc of said curve, through a central angle of 59oU5' a distance of 240.47 feet to a point; thence North 89021' East a distance of 509.75 feet to the Northeast corner of the Thompson ranch, which said point is located on the North and South center line of aforesaid Section Eighteen; thence along said North and South center line South 00027'10" East a distance of 4,214.23 feet to a point on the northerly boundary of Spring Creek Road, and also the point of begin~ ning if a circular curve to the right with a radius of 75H.06 feet; thence along the arc of said curve, through a central -- 99 an~le of 53029'40", a distance of 734.22 feet; thence North 17 38' West a distance of 166.60 feet to a point of begin~ ning of a circular curve to the left With a radius 0f 566.67 feet; thence alon~ the arc of said curve, through a central angle of 33015'20 , a distance of 32e.90 feet; thence South 78030' West a distance of 123.80 feet to a point on the southerly line of said public road right-of-way; thence South 16010' West a distance of 986.31 feet to a point; I thence South 11045'30" West a distance of 77.48 feet to a pain t; thence South 07021' West a distance of 222.17 feet to a point on the southerly line of aforesaid Section Eighteen; thence along said southerly line North 89024' West a distance of 1,320.12 feet to the point of begin- ning, also all of that certain portion of the northerly half of the Northwest Quarter of Section 19, Township 2 South, Range 6 East of the Montana Principal Meridian, in the County of Gallatin, State of Montana, bounded and described more particularly as follows, to-wi t: Beginning at the Northwest corner of said Section 19; thence along the northerly line of said Section 19 South 89012' East a distance of 1320.13 feet to a point; thence South a distance of 228.U feet to a point; thence North 89012' West a distance of lU9.58 feet to a point; thence South 26059'40" West a distance of 259.29 feet to a point; thence Sou th 84002 t 30" East a distance of 133.52 feet to a point; thence South a distance of 380.58 feet to a point on the southerly Line of afore- said northerly half of the Northwest Quarter of said Sec tion 19; thence North 89006' West along said southerly line to a point on the westerly line of said Section 19, a distance of 1225.46 feet; thence North along said westerly line a distance of 1325.75 feet to the point of beginning; Section 3 Character of Improvements Schedule A - Construction and instaLlation of an eight inch outfall I sanitary sewer from East Main Street and Rouse Avenue, South to the North line of University Sub-division. Schedule B - Construction and instaLlation of an eight inch lateral sanitary sewer Tram the North line of University Sub-division to the North line of Westridge Sub~division, said sanitary sewer project to include all appurtenant work for the construction of a sewerage system to provide sanitary sewers for all lots within the district, including pipe lines, manholes and other necessary appurtenances. Section 4 Es tima te of Cos t Schedule A - Preliminary estimate of cost is $26,338.29, including all trench excavation and backfa11, all materials, installation costs, engineering and incidentals. Schedule B - Preliminary estimate of cost is $35,213.56, including all trench excavation and backfa11, all meterials, installation costs, engineering and incidentals. Section 5 Method of Assessment The preliminary estimate of cost as set forth in Schedule "A'" above will be assessed on an actual area basis. The preliminary estimate of cost as set forth in Schedule "B" above will be assessed on a front foot basis with the front footage of the district being 10,598.60 feet. I Section 6 Actual Area of District The actual area of the district as described is 188.49 acres, and pro- tests will be considered on an actual area basis. Section 7 Pa ymen ts That parments for said improvements shall be made in twenty (20) m& -- -- - 100 annual installments extending over a period of nineteen (19) years, but this sheil 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. 426, as authorized by law. Such bonds will be in denominations of $100.00 each, and fractions or multipies of $100.00 where necessary, to be issued and chargeable against a fund to be known and designated as Special Improvement District No. 426 Fund of the City of Bozeman. The bonds will be redeemable at the option of the City, slngiy or in multiples, and in the order of their regi- I stration, whenever funds are available for the purpose in said Special Improve- ment District No. 426. Said bonds shall draw a simple interest from the date of their re~istration until called for payment, at a rate not to exceed six percent (6% 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 spec- ial improvement districts in cities and towns, and any amendments thereof or there to. Section 8 Protests and Notice That the regular session of the City Commission of the City of Bozeman, to be held at the Commission ~hember, City Hall Building, Bozeman, Montana, on Wednesday, the 15th day of August A.D. 1962, at the hour of one o'clock p.m. of said day, is the time and place, when and where the City Commis- sion will hear and pass upon all protests duly and regularly made and filed against the creation of said proposed Special Improvement District No. 426, the improvements proposed to be made pursuant thereto and the extend and character thereof, or eith 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. Adopted by the Commission of the City of Bozeman, Montana, at a regular and stated session of said Commission held on the 25th day of July, 1962. sl Fred M. Staudaher I Me yor ATTEST: sl C. K. Wilson Clerk of the City Commission .. .. .. - - - ... ,. NOTICE IN RE COMMISSION RESOLUTION NO. 1045 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 IMPROVENIENT DISTRICT NO. 426." Notice is hereby given that on the 25th day of July A. D., 1962, at a regular session of the Commission of the City of Bozeman, Commission Resolution No. 1045 entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN DECLARING IT TO BE THE INTENTION OF 1HE CI1Y OF BOZEMAN TO CREA TE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPEC- IAL IMPROVEMENT DISTRICT NO. 426 FOR THE PURPOSE OF CON- I STRUCTING AND INSTALLING AN EIGHT INCH OUTFALL SEWER FROM EAST MAIN STREET AND ROUSE A VENUE TO THE NORTH LINE OF UNIVERSITY SUB-DIVISION AND FOR THE CONSTRUCTING AND INSTALL- ING OF AN EIGHT INCH LA TERAL SEWER FROM THE NORTH LINE OF UNIVERSITY SUB-DIVISION TO THE NORTH LINE OF WESTRIDGE SUB- DIVISION, SAID SANITARY SEWER PROJECT TO INCLUDE ALL APPURTENANT WORK, INCLUDING NECESSARY PIPE LINES, MANHOLES AND OTHER NECESSARY APPURTENANCES. was passed and adopted. - :10:1 That Wednesday, the 15th day of August , A. D. 1962, at One o'clock p.m. at the Commission Room of the City Hall, Bozeman, Montana, is des- ignated by Resolution No. 1045 as the time and place for hearing objections to the action proposed to be taken by said resolution and when and where any and all persons whose property is within said proposed Special Improvement District No. 426, may appear and show cause, if any they have, against said proposed improvements. Objections must be made in writing and filed With the Clerk of the City Commission not later than fifteen (15) days after date of the first I publication of this Notice. An approximate preliminary estimate of the cost of doing such work and making such improvements within said District, including all trench excavation and back fall, all materials, installation costs, engineering and incidentals, which is to be specially assessed against the propertl within said District is, Schedule "AIt, outfall sewer, $26,338.29 and Schedule 'B", Lateral sewer, $35,213.56. The costa of that portion of the project covered by Schedule "A'" will be assessed on an actual area basis and costs of that portion of the pro- ject covered by Schedule "B" will be assessed on a front foot basis. The total actual area of the property within said proposed district is 188.49 and the front footage of the district is lU,598.60 feet. Payment for the improvements is to be made in twenty (20) annual installments over a period of nineteen (19) years with interest on the deferred payments not to exceed six percent (6%) per annum, payable annually, but this shall not be construed to prevent payment in full at any regular payment date by any property owner. For a description of the boundaries of said Special Improvement District No. 426, reference is hereby made to Resolution No. i045 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 persons and the public generally. This notice is given pursuant to the provisions of Section 11-2204, Revi- sed Codes of Montana, 1947. Dated this 25th day of July, 1962. I sf c. K. Wilson Clerk of the City Commission - ,.. - - - ....-. State of Montana ) ) ss County of Gallatin) I, C. K. Wilson, Clerk of the Commission of The City of Bozeman, do hereby certify the foregoing Notice in Re, Commission Resolution No. 1045, was publi- shed at length in the Bozeman Daily Chronicie, a news- paper of general circulation printed and published in said City in the issues of July 30th thru August 3rd, 1962, inclusive, and due proof of such publications is on file in my office. IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seai of my office this Hth day of August, 1962. ~.~./h~___A/ Clerk of the City Commission I - ~ .. ... .. .. ... --