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HomeMy WebLinkAboutResolution 2042 Creates SID No. 609 .-. --_.-.~ __..~._~ n .._n__~....__ __~ _'~_.__._...,~_~.~~ --_.._~-- '.' . 143 COMMISSION RESOLUTION NO. 2042 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, MONTANA, TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 609 FOR THE PURPOSE OF DEVELOPING LANGOHR PARK, SAID PROPOSED DEVELOPMENT TO PROVIDE POND EXCAVATION, CHANNEL SHAPING, LANDSCAPING, MULTI-PURPOSE PLAY AREA, CHILDREN'S PLAY AREA, PICNIC AREA, SHADE AND DECORATIVE TREES AND I SHRUBBERY, SHELTER BUILDING, SANITARY FACILITIES, PATHWAYS, PARKING LOTS, AND TENNIS COURTS ON THE PORTION OF THE PARK NORTH OF MASON STREET, AND PATHWAYS AND SHRUBBERY ON THE PORTION OF THE PARK SOUTH OF MASON STREET. 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 boundaries hereinafter described, asking that a special improvement district be created for the purpose of developing Langohr Park, said proposed development to provide pond excavation, channel shaping, landscaping, multi-purpose play area, children's play area, picnic area, shade and decorative trees and shrubbery, shelter building, sanitary facilities, pathways, parking lots and tennis courts on the portion of the park North of Mason Street, and pathways and shrubbery on the portion of the park South of Mason Street, and WHEREAS, at a regular meeting of the City Commission of the City of Bozeman held on the 27th day of September, 1978, 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 It is hereby declared to be the intention of the City of Bozeman to create a Special Improve- ment District to be known and designated as Special Improvement District No. 609 for the purpose of developing Langohr Park. Section 2 Boundaries I The boundaries on said Special Improvement District 609 are described as follows: Beginning at,the center of Section 18, Township 2 South, Range 6 East, M.P.M., Gallatin County, Montana, which is the Southeast corner of Lot No. 14, Block 6, University Subdivision No. 2. Thence, North 00 27' 10" East along the eastern-most boundary of University Subdivision No. 2 a distance of 1759.57 feet to the Northeast corner of University Subdivision No. 2. Thence, North 00 27' 10" East along the East line of University Subdivision a distance of 259.85 feet to the Northeast corner of the University Subdivision. Thence, North 890 21' East to the point of curve on the North boundary of the University Subdivision a distance of 509.75 feet. This is also described as the Southerly right-of-way of the Chicago, Milwaukee, St. Paul and Pacific Railroad. Thence, from the said point of curve along a circular curve to the left having radius 233.19 feet through a central angle of 590 05' an arc distance of 240.47 feet. Thence, South 300 16' West to a point located on the North line of Lot No. 10, Block 5 of the University Subdivision a distance of 97.81 feet. 0 10, Thence, North 59 44' West to Northwest corner of Lot No. Block 5 of the University Subdivision a distance of 25.00 feet. This corner is also identical with the South right-of-way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad. I Thence, South 300 16' West along said South right-of-way boundary of the Chicago, Milwaukee, St. Paul and Pacific Railroad to the South right-of-way line of East Garfield Street a distance of 639.10 feet. 0 53" West along the South right-of-way of Thence, South 89 53' East Garfield a distance of 310.83 feet, to the Northwest corner of Eck Addition. Thence, South 890 53' 39" West, along North boundary of Eck Addition, a distance of 124.04 feet to the Northeast corner of Block 14 in the Butte Addition. COMMISSION RESOLUTION NO. 2042 u. -~,,-~_..__. - ~_. _.._,._,..,----,~,._,---~~~~-_. ~ -~-~--,._. _.._~.,_......_........,._-~ .. ~ -.. .. ---~~-----~.- ...............- .,..~ ~ ---,_. _...............~_.,~~~_. --~. ~. _._ ,., .___~_.m.'._ .. __~,,~_~. ~_.- ~----_.,,_._.- ~--..-._- --.. ~-"--_.__. ~~- -- -.-... ~.....~.---- p.- -_..~~ '.....-~. . -. .. -. - ~ 144 ; Thence, North 890 59' 06" West a distance of 160.00 feet to the Northwest corner of Block 14, Butte Addition. Thence, South 000 02' 46" East along the East right-of-way line of South Willson Avenue to the Southwest corner of Block 20 of the Butte Addition, a distance of 1134.5 feet. 0 06" West a distance of 639 feet to the Southwest Thence, North 89 59' corner of Block 22 of the Butte Addition. I 0 East along the West boundary of Block No. I, Thompson Thence, South 0 02' Addition, a distance of 49.00 feet to the Southwest corner of Block No. 1. 0 East to the Southwest corner of Block No. 2, Thompson Thence, South 0 02' Addition a distance of 135.85 feet. 0 1 of the Thence, South 0 02' East to the Southern-most corner of Lot No. Milwaukee Addition a distance of 423.10 feet. Thence. South 00 02' East along the West line of Lot No. 13, Block 1 of Thompson's Addition No. 2, and across the Chicago, Milwaukee. St. Paul and Pacific Railroad right-of-way to the intersection of the North right-of-way line of Kagy Boulevard and the East right-of-way line of South Third Avenue a distance of 242.87 feet. 0 East along the North right-of-way of Kagy Bouelvard, Thence, North 89 11' to the point of tangency of a circular curve to the right with a radius of 125.00 feet, a distance of 400.10 feet. Said curve is the Western-most boundary of Block 6 of Thompson's Addition No. 4. Thence, North 890 11" East a distance of 965.55 feet. Thence, along an arc to the right, with radius of 566.18 feet, through a central angle of 730 14' a distance of 723.66 feet. Thence, continuing along the North right-of-way line of Kagy Boulevard South 170 35' East a distance of 166.23 feet. Thence, along an arc to the left with radius of 846.51 feet, through a central angle of 560 34' a distance of 736.88 feet to the Southern-most I corner of Block No. 8 of Thompson's Addition No. 4. Thence, leaving said Kagy Boulevard right-of-way North 000 25' 40" West along the East boundary of Block 8 of Thompson's Addition No. 4 to the center of Section 18 a distance of 2287.32 feet to the point of beginning, and containing the following lots and blocks: All of Thompsons Addition No. 4, All of Blocks 1-3, Thompsons Addition No. 2, All of Thompsons Addition No. I, All of Milwaukee Addition, All of Eck Addition, All of Blocks 14, 19, 20, Butte Addition, All of University Subdivision No. 1, All of 1962 Rearrangement of University Subdivision No. 1, All of University Subdivision No. 2, All of University Subdivision No. 3, All of Tract 12, Bozeman Creek Annexation. Section 3 Character of Improvements The character of improvements shall be pond excavation, channel shaping, landscaping, multi-purpose play area, children's play area, picnic area, shade and decorative trees and shrubbery, shelter building, sanitary facilties, pathways, parking lots and tennis courts on the portion of the park North of Mason Street, and pathways and shrubbery on the portion of the park South of Mason Street. Section 4 Estimate of Cost I The total estimated cost of the improvements within the District, including engineering, legal and contingency is $230,000.00; $100,000.00 of which is to be paid with a Heritage Conservation and Recreation Service Grant. COMMISSION RESOLUTION NO. 2042 - .-- ---_. ~----- -" .~.- -- .~._-~~..~...............~-- ..-- .__.....-................._~,,~_.,. .~.. _.~.~......................~ -_._-~~~_._."...- .-..--.---- ...~._._~.. . - --- ---~-- ...~__~_ ..._ ..._~___.n .._.~_.. ~ -- .~ - ._._.~-_.- ..-- .._._.._._--_.~~~. .--...--. -. ~-_._---~--~- -~..~-- "'! - ._~-~................~-- --~ ~~~...- ~~._.. .._-.... - ..- -- ~_..__.._.~~~~~~~ --- . 145 Section 5 Method of Assessment The cost of said improvement is to be assessed against the entire district. Each lot or parcel of land within the district will be assessed for that part of the whole cost which its area bears to the area of the entire district. exclusive of streets. alleys and public I places. The total actual assessable area within the entire district is 4.306.614.63 square feet. and is the area on which all protests will be received. considered and determined. Section 6 Extended District The City Commission of the City of Bozeman does hereby find that the contemplated work and improvements are. in the opinion of the City Commission. of more than local or ordinary public benefit and that the cost and expense of such improvements shall be chargeable on an extended district and the City Commission does hereby declare that the above described district and all lots included therein will be benefited by the contemplated improvements and that said district and all lots included therein shall be assessed to pay the cost and expenses thereof. Section 7 Payments That 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 a property owner who desires to do so. It is proposed to pay 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. 609. 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. 609 Fund of the City of Bozeman. The bonds I will be redeemable at the option of the City. singularly or in multiples. and in the order of their registration. whenever funds are available for that purpose in said Special Improvement District No. 609. Said bonds will draw a simple interest from the date of their registration until called for payment which shall be chargeable as a part of the cost of the 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 cities and towns and any amendments thereof or thereto. Any funds received from the Heritage Conservation and Recreation Service Grant shall be used to either defray the cost of the improvements or repay said bonds. Section 8 Protests and Notice At 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 February. 1979. 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 creation of said proposed Special Improvement District No. 609. the improve- ments proposed to be made pursuant thereto and the extent and character hereof. 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. I ADOPTED BY THE COMMISSION OF THE CITY OF BOZEMAN. MONTANA. at a regular and stated session of said Commission held on the 17th day of January. 1979. 4 ATTEST: ~ tf/ jp.;....,1'~/ ERNA V. HARDING. Clerk the City Commission COMMISSION RESOLUTION NO. 2042 --.-...---.-..-. -. _..~. - - .- ---. --..-.--. .- -. -~-_._- --_.~-_.. --.- -- _.__._._~~. .-...-.-. -. .~~.~~_.~..._.- ----'-- -~---_.- ___a --~._~--...--~.. _.~---~~._~....~-- ~~. - --~ .., _.~.._-'_. . rr_ _ _~__ ______~~r__-~__ .,.__~,.__ ~ ___ _ ..__...............'_~_.~n ._._~' -.- 14G : NOTICE IN RE COMMISSION RESOLUTION NO. 2042 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. 609". NOTICE IS HEREBY GIVEN that on the 17th day of January, 1979, at regular session I of the City Commission of the City of Bozeman, Commission Resolution No. 2042 entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, MONTANA, TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 609 FOR THE PURPOSE OF DEVELOPING LANGOHR PARK, SAID PROPOSED DEVELOPMENT TO PROVIDE POND EXCAVATION, CHANNEL SHAPING, LANDSCAPING, MULTI-PURPOSE PLAY AREA, CHILDREN'S PLAY AREA, PICNIC AREA, SHADE AND DECORATIVE TREES AND SHRUBBERY, SHELTER BUILDING, SANITARY FACILITIES, PATHWAYS, PARKING LOTS AND TENNIS COURTS ON THE PORTION OF THE PARK NORTH OF MASON STREET, AND PATHWAYS AND SHRUBBERY ON THE PORTION OF THE PARK SOUTH OF MASON STREET. was passed and adopted. That Wednesday, the 7th day of February, 1979, at 1:15 o'clock p.m. at the Commission Room of the City Hall, Bozeman, Montana, is designated by Commission Resolution No. 2042 as the time and place when and where the City 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 district. Protests must be made in writing and delivered to the Clerk of the City Commission within 15 days after date of the first publication of this notice. The general character of improvements is the development of Langohr Park, said proposed development to provide pond excavation, channel shaping, landscaping, multi- purpose play area, children's play area, picnic area, shade and decorative trees and shrubbery, shelter building, sanitary facilities, pathways, parking lots and tennis courts on the portion of the park North of Mason Street, and pathways and shrubbery on the portion of the park South of Mason Street. I The total estimated cost of the improvements within the district, including engineering, legal and contingency is $230,000.00. The Heritage Conservation and Recreation Service Grant of $100,000.00 will reduce the assessable cost to $130,000.00. This cost is to be assessed to the property within the Special Improvement District. Based upon the assessable area, the cost per square foot would be $.0302. For an 8,000 square foot lot, the total assessment would be $241.55. This would result in a first year payment of $33.82 and a twentieth year or final payment of $13.17. The assessments would be completed in twenty payments over a period of nineteen years. For description of the boundaries of said Special Improvement District No. 609 reference is hereby made to Commission Resolution No. 2042 of the City 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 the said City Commission in the City Hall of said City of Bozeman, 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 February, 1979. ~/~~ Clerk of the City Coromi, on ~ First published in the Bozeman Daily Chronicle January 22, 1979. State of Montana ) I County of Gallatin : City of Bozeman ) t, 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 COMMISSION RESOLUTION NO. 2042 --~- _. ~----- -~_.~.........~.__.- ._--~._._~----"-'-'--""~ .~., -, "-..,--,._-,~.,._-,----~-~ - ._-,~,~.~,,~,-- ~ ~_... .__n__ _ ___,.~__, ._ _~_.____.. - -- __ _ ~_~_._on___,_~ ~__ .~..............._.._~____'~_...~_._~~_.~'__. ---- - ---,.~.-.,_.~-~-~ --~'....-_.~- -.. --.- -- ...'"--- ._--.. -- .. -- .. ---_.~~-~ 147 the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City, in the issue dated January 22, 1979, 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 office this 6th day of February, 1979. I ~-"..I! ~'1kJ Clerk of the City Co sian I I COMMISSION RESOLUTION NO. 2042 -- _~____ ..._ ,__ n. . ._----~.~~-,- ----,..~. ---<-,-~._..,. - ~ ,...-----.. -.. 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