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HomeMy WebLinkAboutResolution 2089 Creates SID No. 615 . .- . . ...- ~ __r -. .....----.~~._____-'.........~.__.~~'~....__'___._.........r_~~'.~~_~_., ~ .__ .___ _ __ ~_.. -. - .. . 251 COMMISSION RESOLUTION NO. 2089 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DIS- TRICT NO. 615 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A I SANITARY SEWER TRUNK AND APPURTENANCES TO SERVE THE ADJOINING PROP- ERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN EIGHT (8) AND (12) INCH SANITARY TRUNK AND THE NECESSARY APPURTENANCES ON HIGHWAY 10 ALONG THE BURRUP ANNEXATION, ALL IN THE CITY OF BOZEMAN, MONTANA. THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER TRUNK SHALL INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, IN- STALLATION OF SEWER TRUNK, NECESSARY WYES, SERVICE LINE STUBS, MAN- HOLES, AND OTHER NECESSARY APPURTENANCE THERETO. 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 of Special Improvement District No. 615 as hereinafter more specifically described, asking that a special improvement district be created for the purpose of con- structing and installing a sanitary sewer lateral trunk to provide sanitary sewer services to lots and blocks within the district. WHEREAS, that at a regular meeting of the City Commission of the City of Bozeman held on the 18th day of July, 1979, 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 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. '. I 615 of the City of Bozeman for the purpose of constructing and installing a sanitary sewer lateral trunk, said project to include all appurtenant work for the construction and install- ation of a sanitary sewer system to provide sanitary sewer services for all lots and blocks within the district. Section 2 Boundaries The boundaries of said Special Improvement District No. 615 are described as follows: The tract of land lying in the SE~ of Section 8, the SW~ and SE~ of Section 9, and the NW~ and NE~ of Section 16, Township 2 South, Range 6 East, M.P.M., Gallatin County, Montana, and described as follows: Beginning at a point where the northerly right of way line of 1-90 Median Centerline intersects the East line of the SW~, SE~ of said Section 8, which points bears South 890 54' 41" West a distance of 1325.42 feet and North 00 00' 40" West, a distance of 714.43 feet, more or less, from the Southeast corner of said Section 8; thence along a spiral curve to the right, having a deflection of 00 22' 34", a distance of 38.26 feet, to a point 130 feet Northeasterly when measured radially from the Median Centerline curve to spiral Station 190 + 12.4, thence Northwesterly along a curve to the right of 2162 feet radius, 130 feet Northeasterly on and parallel to said Median Centerline a distance of 370.14 feet to a point 130 feet I Northeasterly when measured radially from said Median Centerline Station 186 + 20; thence North 410 12' 43" West, a distance of 116.3 feet to a point 160 feet Northeasterly when measured radially from said Median Centerline Station 185 + 00, thence 160 feet distant Northeasterly and parallel to said Median Centerline curve to the right radius 2132 feet, a distance of 599.6 feet to a point of inter- section with a line which is parallel to and 120 feet distance south- erly ofrthe centerline of "E" line Station 44 + 40.2 thence North 870 53' 30" East, parallel to said "E" line, a distance of 167.6 feet; thence Easterly along a curve to the right of 1026.0 feet radius, parallel to said "E" line, a distance of 432.87 feet; thence South 670 56' East, parallel to said "E" line a distance of 304.0 feet to the East line of the SW~, SE~ of said Section 8; thence North 00 12' East along the West line of the Certificate of Survey re- corded on Film 7, Page 1072, of the Clerk and Recorders Office, _ ~_~u _ _ ~.Q.~I~IQ1L.R_E..~.Q1J1TIQlilN~2Q89. - __,~~_ ~.~....._...___ .__......._.....":.t.>.IL ...:o..M..IL,....._.....,'__~.....................~.~ ~. _. _r . _ __~__...._ ~_ ._~_,. r_'___ __~_~~~_.__ - . - ..... -----....---..--T-.-.~:rT-.~_.....~.. .-... ___~ 252 Gallatin County, a distance of 49.34 feet to a point on the South- westerly right of way of u.S. Highway No. 10, which point is 80.0 feet right when measured at right angles to highway centerline Station 51 + 58.0; thence along said right of way in an arc to the left of radius 8595.0 feet a distance of 846.70 feet, whose chord bears South 700 26' 23" East a distance of 846.32 feet; thence along the North line of Certificate of Survey No. 475 along a 8595.0 foot radius curve to the left, whose tangent bearing at I the P.C. is South 740 58' 16" East, through a deflection of 000 51' 16" left a distance of 128.17 feet; thence South 740 07' East a distance of 1018.50 feet to the Northeast corner of Cer- tificate of Survey No. 475; thence continuing along said u.S. 10 right of way South 740 07' East a distance of 764 feet to the North- east corner of Certificate of Survey No. 558; thence South 730 55' 49" East, along said right of way a distance of 2281.45 feet; thence South 000 04' 25" West a distance of 668.51 feet; thence North 730 49' 07" West a distance of 940.73 feet; thence South 000 16' 17" East, a distance of 88.86 feet to the Northerly right of way of 1-90; thence along said right of way through the following courses: North 700 44' 18" West, a distance of 160.31 feet, North 560 15' 34" West a distance of 41. 31 feet, North 700 40' 39" West a distance of 152.29 feet, to the Southwest corner of Tract C, Certificate of Survey No. 558; thence North 700 32' 45" West using 1-90 datum a distance of 0 465.00 feet; thence North 84 34' 55" West a distance of 82.46 feet; 0 thence North 70 32' 45" West a distance of 1245.00 feet to the South- east corner of Certificate of Survey No. 475; thence North 700 34' West a distance of 1165.53 feet to the Southern corner common to 0 Certificate of Survey No. 475 and No. 246; thence North 70 34' West a distance of 631.90 feet; thence on and along a spiral curve to the right, 130.00 feet Northeasterly of the centerline spiral, having a deflection of 10 12' 45" per 100 feet, a distance of 214.86 feet to the point of beginning, and containing 78.3 acres, more or less. Section 3 Character of Improvements The character of the improvements to be made is the installation and construction of I eight (8) and twelve (12) inch sanitary sewer including trench excavation and backfill, bedding material, sanitary main, manholes, clean outs, service lines and other necessary appurtenances thereto. Section 4 Estimate of Cost The total estimated cost of the improvements within the district including engineering, legal and contingency is $300,000.00. 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 4,410.748 square feet and is the area on which all protests will be received, considered, and determined. It is also the area on which all assessments will be figured. Section 6 I Payments 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. 615 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 _.... __~n _~._~~~g2r-1}p:SqIQN_.R~S9~V!!9~~9_. 2089 -""""-- .~- .----. ,,~ _~~.~~__--'*---__._~._.~_~. __"'L~._'-------'._~_~_'" ~"'.__L___ - - .. ~ r~r ......r... . .. ~ . . ~ ~ - - . . ~_...----.- __~ ___ ----..--._.________-~~ _____--- ~__._~_. _ _._ .~_.......__. _"T........--~---~.-- ....-- - --....~ ....~~. ...... 253 against a fund to be known and designated as Special Improvement District No. 615 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 the registration, whenever funds are available for the purpose in said Special Improvement District No. 615. Said bonds shall draw a simple interest from the date of their registration until called for payment, which interest shall be chargeable I 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 Re- vised Codes of Montana, 1947, relating to special improvement districts in cities and towns, and any amendments thereof or thereto. Section 7 Protests and Notices 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 29th day of August, 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 upn all protests duly and regularly made and filed against the creation of said proposed Special Improvement District No. 615, 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 stated session of said Commission held on the 8th day of August, 1979. I ATTEST: &._ I! jj:';,~ Erna V. Harding, Clerk of t .City Commission I ---"----- _ ._....A.' . ~ - ... ................-~ . - __0.- _"'- __........~.._.~._~.._. __..............- .. cow'n~s~~~ ~ES~LUT~O~..NQ,_. 2089 ~~. . ~ ........L>_....-.......-_ . __ ._.. .....-....-._.. _n. ... _......_... _....~~___ _.._..... _......._ .__. _..............................__ ~~___ ~ __..______~.__n._~_____._~_ '__.,. _ ~ _ _.........--._~__....~.__~_ ._..~._ ~.___ .___ ~~~ ---..--.--...-'. . - . - ~~ - " ~..- 254 NOTICE IN RE A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DIS- TRICT NO. 615 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A SANITARY SEWER TRUNK AND APPURTENANCES TO SERVE THE ADJOINING PROPER- I TIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN EIGHT (8) AND (12) INCH SANITARY TRUNK AND THE NECESSARY APPURTENANCES ON HIGHWAY 10 ALONG THE BURRUP ANNEXATION, ALL IN THE CITY OF BOZEMAN, MONTANA. THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER TRUNK SHALL INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, IN- STALLATION OF SEWER TRUNK, NECESSARY WYES, SERVICE LINE STUBS, MAN- HOLES, AND OTHER NECESSARY APPURTENANCES THERETO. NOTICE IS HEREBY GIVEN that on the 8th day of August, 1979, at a regular meeting of the City Commission of the City of Bozeman, Montana, said Commission duly and regularly passed and adopted Commission Resolution No. 2089 entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 615 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A SANITARY SEWER TRUNK AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN EIGHT (8) AND (12) INCH SANITARY TRUNK AND THE NECESSARY APPURTENANCES ON HIGHWAY 10 ALONG THE BURRUP ANNEXATION, ALL IN THE CITY OF BOZEMAN, MONTANA. THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER TRUNK SHALL INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MAT- ERIAL, INSTALLATION OF SEWER TRUNK, NECESSARY WYES, SERVICE LINE STUBS, MANHOLES, AND OTHER NECESSARY APPURTENANCES THERETO. NOTICE IS HEREBY FURTHER GIVEN, that Wednesday, the 29th day of August, 1979, at 1:15 o'clock p.m. at the Commission Room of the City Hall, Bozeman, Montana, is designated as the I time and place for hearing objections to the action proposed to embrace the hereinafter described contiguous territories within the corporate limits of the City of Bozeman, Montana, expression of approval or disapproval by resident freeholders of the territories proposed to be embraced must be made in writing and filed with the Clerk of the City Commission of the City of Bozeman not later than twenty (20) days after the date of the first publication of this notice. Description of the boundaries of the territories proposed to be embraced by said Com- mission Resolution No. 2089 is as follows: Boundaries The boundaries of said Special Improvement District No. 615 are described as follows: The tract of land lying in the SE~ of Section 8, the SW~ and SE~ of Section 9, and the NW~ and NE~ of Section 16, Township 2 South, Range 6 East, M.P.M., Gallatin County, Montana, and described as follows: Beginning at a point where the northerly right of way line of 1-90 Median Centerline intersects the East line of the SW~, SE~ of said Section 8, which points bears South 890 54' 41" West a distance of 1325.42 feet and North 00 00' 40" West, a distance of 714.43 feet, more or less, from the Southeast corner of said Section 8; thence along a spiral curve to the right, having a deflection of 00 22' 34", a distance of 38.26 feet, to a point 130 feet Northeasterly when measured radially from the Median Centerline curve to spiral Station 190 + 12.4, thence Northwesterly along a curve to the right of 2162 feet radius, 130 feet Northeasterly on and parallel to said Median I Centerline a distance of 370.14 feet to a point 130 feet Northeast- erly when measured radially from said Median Centerline Station 186 + 20; thence North 410 12' 43" West, a distance of 116.3 feet to a point 160 feet Northeasterly when measured radially from said Median Centerline Station 185 + 00, thence 160 feet distant North- easterly and parallel to said Median Centerline curve to the right radius 2132 feet, a distance of 599.6 feet to a point of intersec- tion with a line which is parallel to and 120 feet distance south- erly of the centerline of "E" line Station 44 + 40.2 thence North 870 53' 30" East, parallel to said "E" line, a distance of 167.6 feet; thence Easterly along a curve to the right of 1026.0 feet radius, garallel to said "E" line a distance of 432.87 feet; thence South 67 56' East, parallel to said "E" line a distance of 304.0 feet to the East line of the SW~, SE~ of said Section 8; thence CQMM~SS~ON R~LUTION NO, 2089 '- - ..-.~- -~.~ ........\ -.. .__.c....__-.............."-_..........""'-..............._...........~.~_ --.........____._..~_.__ _........ ........ ._~~..._.__.....-......-~.......-.. .___.._ ._____.. ~..._~.___... ...._.._~. ................~_.-......._....~~._~........-...-...........o.-..~~~~_;,.___~_~..~~ ....~ _" . _n..._.__." ._ _.__.._........__.___..".~ _. __ ~._..~ _............- _7~ '~~_ '~_._'~._'~._"~...",-- .... _ . _ _ _ ~ _ ~~ ~ ________-~--............_____-...'~...~~~_~._~.- ~__.___ -____...........---.....--_~~ 255 North 00 12' East along the West line of the Certificate of Survey recorded on Film 7, Page 1072, of the Clerk and Recorders Office, Gallatin County, a distance of 49.34 feet to a point on the South- westerly right of way of U.S. Highway No. 10, which point is 80.0 feet right when measured at right angles to highway centerline Station 51 + 58.0; thence along said right of way in an arc to the left of radius 8595.0 feet a distance of 846.70 feet, whose chord o I bears South 70 26' 23" East a distance of 846.32 feet; thence along the North line of Certificate of Survey No. 475 along a 8595.0 foot radius curve to the le.ft, whose tangent bearing at the P.C. is South 740 58' 16" East, through a deflection of 000 51' 16" left a distance of 128.17 feet; thence South 740 07' East a distance of 1018.50 feet to the Northeast corner of Certificate of Survey No. 475; thence continuing along said U.S. 10 right of way South 740 07' East a distance of 764 feet to the Northeast corner of Certificate of Survey No. 558; thence South 730 55' 49" East, along said right of way a distance of 2281.45 feet; thence South 000 04' 25" West a distance of 668.51 feet; thence North 730 49' 07" West a distance of 940.73 feet; thence South 000 16' 17" East, a distance of 88.86 feet to the Northerly right of way of 1-90; thence along said right of way through the following courses: North 700 44' 18" West, a distance of 160.31 feet, North 560 15' 34" West a distance of 41. 31 feet, North 700 40' 39" West a distance of 152.29 feet, to the Southwest corner of Tract C, Certificate of Survey No. 558; thence North 700 32' 45" West using 1-90 datum a distance of 465.00 feet; thence North 840 34' 55" West a distance of 82.46 feet; thence North 700 32' 45" West a distance of 1245.00 feet to the South- east corner of Certificate of Survey No. 475; thence North 700 34' West a distance of 1165.53 feet to the Southern corner common to Certificate of Survey No. 475 and No. 246; thence North 700 34' West a distance of 631.90 feet; thence on and along a spiral curve to the right, 130.00 feet Northeasterly of the centerline spiral, having a deflection of 10 12' 45" per 100 feet, a distance of 214.86 feet to the point of beginning,ald containing 78.3 acres, more or less. This notice is given pursuant tothe provisions of Section 11-2204 R.C.M., 1947. DATED this 8th day of ~ugust, 1979. I State of Montana ) County of Gallatin) City of Bozeman ) I, Erna V. Harding, Clerk of the City Commission of the City of Bozeman, do hereby certify that the foregoing Notice in Re was published in length in the Bozeman Daily Chronicle, a newspaper of general circu- lation printed and published in said City, in the issues dated August 13, 14, 15, 16 and 17, 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 20th day of August, 1979. J(':; i' I Erna V. Commission _ _ COMMISSION RESOLUT~ON NO. 2089 __~__.__.____~____.___ ___._-"-__'L_~-"--~_.______________ _~~_~~...__ -----.............._-'---""---"""~~___~___.................____~_....._______..._~_______________...,_~...__. .~,_,.-.....t....o o.~.