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HomeMy WebLinkAboutResolution 1786 Special Improvement District 561 3l) t, .; COMMISSION RESOLUTION NO. 1786 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 IMPROVEMENT DISTRICT NO. 561 FOR ,... 81M THE PURPOSE OF CONSTRUCTING AND INSTALLING AN ASPHALTIC CONCRETE TYPE PAVEMENT .. tJIb rl1 INTEGRAL CONCRETE CURBS AND GUTTERS, STORM DRAINAGE AND NECESSARY APPURTENANCES - -q-)I" THERETO ON SOUTH 20TH AVENUE FROM COLLEGE STREET NORTH TO 106 FEET SOUTH OF ~~..__.._---~....... WEST BABCOCK STREET, WEST OLIVE, WEST KOCH, AND WEST DICKERSON STREETS BETWEEN ,J)H t<.. SOUTH 19TH AVENUE AND SOUTH 20TH AVENUE AND THAT PORTION OF WEST KOCH STREET I LYING BEIWEEN BLOCKS 1 AND 2 OF KIRK SUBDIVISION NO.4 TO THE CITY OF BOZEMAN. WHEREAS, there has been filed with the Clerk of the Commission of the City of Bozeman, Montana, a petition in due form of certain owners of properties situated in the Kirk Subdivision to the City of Bozeman, Kirk Subdivision No. 4 to the City of Bozeman, and Mountain Vista Subdivision to the City of Bozeman asking that a Special Improvement District be created for the purpose ov constru- cting and installing an asphaltic-concrete type pavement, together with integral concrete curbs and gutters and necessary appurtenances thereto, together with necessary storm drainage facilities appurtenant to such paving; and WHEREAS, at a regular meeting of the City Commission of the City of Bozeman, held on the 24th day of March, 1976, 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 an extended Special Improvement District to be known and designated as Special Improvement District No. 561 for the purpose of constructing and installing an asphaltic concrete type pavement project on South 20th Avenue from College Street north to 106 feet south of West Babcock Street, West Olive, West Koch, and West Dickerson Streets between South 19th Avenue and South 20th Avenue and that portion of West Koch Street lying between Block 1 and Block 2 of Kirk Subdivision No.4 to the City of Bozeman. Said pavement project to include construction and installation of integral concrete curbs and gutters and necessary appurtenances thereto, together with necessary storm drainage facilities I appurtenant to such paving. Also included is a 40" X 65" concrete arch culvert on the Farmers Canal on South 20th Avenue at College. Section 2 Boundaries The boundaries of said Special Improvement District No. 561 are described as fo llows : Beginning at a point 85 feet west and 30 feet south of the West quarter corner, Section 12, Township 2 South, Range 5 East, MPM., that point being the northeast corner of Lot 1, Block I, Kirk Subdivision to the City of Bozeman, thence southerly along the east boundary of said Lot 1 a distance of 75.80 feet, thence west- erly along the south property line of said Lot 1 a distance of 135.00 feet to the southwest corner of said Lot I, said point being the true point of beginning, thence westerly along the south property line of Lot 10, Block 1 of Kirk Subdivision to the City of Bozeman a distance of 155.00 feet to the west property line of said Lot 10, thence southerly along the west boundary of Lot 9, Block I, Kirk Subdivision a distance of 30.98 feet, thence westerly along a line 14 feet south of and parallel to the south boundary of Lot I, Block I, Kirk Subdivision Number Four a distance of 346.67 feet to the east boundary of Lot I, Block 3, Kirk Sub- division number four to the City of Bozeman, ~hence southerly a distance of 2155.39 feet to the north boundary of the Mountain Vista Subdivision to the City of Bozeman, thence easterly along the north boundary of Tracts 4 and 5 of Mountain Vista Subdivis- ion to the City of Bozeman a distance of 149.17 feet to the north- east corner of said Tract 4, thence southerly along the east boundary of said Tract 4 a distance of 316.80 feet to the southeast corner of said Tract 4, thence easterly along the south boundary of Tracts 3 and 2 of Mountain Vista Subdivision to the City of Bozeman I a distance of 350.00 feet to the southeast corner of said Tract 2, thence northerly along the east boundary of said Tract 2 a distance of 633.60 feet to a point on the south boundary line of Lots 1 and 2 of Block 4 of Kirk Subdivision to the City of Bozeman, thence easterly along the south boundary of said Lot 1 a distance of 137.50 feet to the southeast corner of said Lot I, thence northerly along the east boundary of said Lot 1 and Lot 8 of Block 3 of Kirk Sub- division to the City of Bozeman a distance of 240.20 feet to the northeast corner of said Lot 8, thence westerly along the north boundary of said Lot 8 a distance of 135.00 feet to the northwest corner of said Lot 8, thence northerly along the west boundaries of Lots 2, 3, 4, 5, 6 and 7 of Block 3 of Kirk Subdivision to the City of Bozeman a distance of 450.00 feet to the northwest corner of said Lot 2, thence easterly along the north boundary of said Lot COMMISSION RESOLUTION NO. 1786 ------ --_.,'-_.__._--~ ...-..-.......-.-- . . _ --..- 36 2 a distance of 135.00 feet to the northeast corner of said Lot 2. thence northerly along the east boundary of Lot 1 of Block 3 and Lot 8 of Block 2 of Kirk Subdivision to the City of Bozeman a distance of 287.70 feet to the northeast corner of said Lot 8. thence westerly along the north boundary of said Lot 8 a distance of 135.00 feet to the northwest corner of said Lot 8. thence nor- therly along the west boundaries of Lots 1. 2. 3. 4. 5. 6 and 7 of Block 2 of Kirk Subdivision to the City of Bozeman a distance of 456.50 feet thence easterly along a line 6.5 feet north and parallel to the north boundary of said Lot 2 a distance of 70.00 I feet. thence south and parallel to the east line of said Lot 1 a distance of 4 feet. thence easterly along a line 2.5 feet north and parallel to the north boundary of said Lot 2. a distance of 75.00 feet to the east boundary of said Lot 1. thence northerly along the east boundary of said Lot 1 of Block 2 and Lot 5 of Block 1 of Kirk Subdivision to the City of Bozeman a distance of 230.80 feet to the northeast corner of said Lot 5. thence westerly along the north boundary of said Lot 5 a distance of 135.00 feet t:) the northwest corner of said Lot 5. thence along the west bound- ary of Lots 2. 3. and 4 of Block 1 of Kirk Subdivision to the City of Bozeman a distance of 210.00 feet to the northwest corner of said Lot 2 being the true point of beginning. Contained within the above described exterior boundaries are the following lots. blocks. and tracts of land. to wit: Lots 5 thru 9 inclusive of Block 1. Lots 1 and 8 thru 16 inclusive of Block 2. Lots 1 and 8 thru 16 inclusive of Block 3. and Lots 1 and 2 inclusive of Block 4. all in Kirk Subdivision to the City of Bozeman; Lots 2 thru 13 inclusive of Block 1. Lots 1. 2. A. B. C. and 6 thru 10 inclusive of Block 2. portion of the east half of Block 3 and portion of the east half of Block 4. all in Kirk Sub- division No.4 to the City of Bozeman; a portion of a tract of land deeded to the First Presbyterian Church of Bozeman; a portion of a tract of land deeded to Roy Weigand known as Assessor's Tract W; Tract 2 and Tract 3 in Mountain Vista Subdivision to the City of Bozeman. Areas to be excluded from assessment are all streets. ave- nues. parks. and all other public places. Section 3 Character of Improvements Construction of a pavement project with integral concrete curbs and storm drainage and necessary I appurtenances to said construction on South 20th Avenue from College Street north to 106 feet south of Hest Babcock Street. West Olive. West Koch and West Dickerson Streets between South 19th Avenue and South 20th Avenue and that portion of West Koch Street lying between Blocks 1 and 2 of Kirk Subdivision No.4 to the City of Bozeman. said pavement project to include construction of an asphal- tic-concrete type sur~ace course. all necessary excavation. gravel, backfill and other appurtenant work thereto. Also included will be 70 feet of L~O" X 65" concrete arch culvert on the Farmers Canal on South 20th Avenue to College Street. Section 4 Estimate of Cost The preliminary estimate of cost is $250.000.00 as shown on file in the city engineer's office, including all construction costs, material costs, engineering. legal and contingencies. Section 5 Extended District The City Commission is of the opinion that the contemplated work of improvement is of more than local or ordinary public benefit and that the expenses of said improvement shall be chargeable upon an extended district to include assessment of lots not fronting on the improvement which extended district the city commission hereby declares to be the district benefited by said work and improve- ments and to be the are assessed to pay the costs and expenses thereof. Section 6 Method of Assessment The cost of such improvement as mown is to be assessed against the entire district. each lot or I parcel of land within such 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, avenues, alleys and public places. and further, each square foot of land within the district lying within 25 feet of the line of the street on which the improvements herein provided for are made shall bear double the amount of the costs of such improvements per square foot of such land that each square foot of any other land with- in the district shall bear. The total square feet of assessable area within the entire district of 1.217,101.96 square feet which is the area on which all protests will be received. considered and determined. BOMMISSION RESOLUTION NO. 1786 -..- -_..,,---_..,,-,_. - - .. .- --,--- 3,7 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 any property owner who desires to do so. It is proposed to pay the entire cost and expenses of the construction and installation of said improvements with cash I to be obtained from the sale of bonds of said Special Improvement District No. 561 as authorized by law. Such bonds will be in denominations of $1,000.00 each. and fractions or multiples of $1.000.00 where necessary to be issued and chargeable against a fund to be known and designated as Special Improvement District No. 561 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 avail- able for that purpose in said Special Improvement District No. 561. Said bonds will draw a simple interest from the date of their registration until called for payment, which interest shall be charge- able as a 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 II of the Revised Codes of Mon- tana, 1947, relating to special improvement districts in cities and towns and any amendments thereof or thereto. Section 8 Protests and Notice That the regular session of the City Commission of the City of Bozeman to be held at the Comm- ission chamber, City Hall Building, Bozeman, Montana, on Wednesday, the 5th day of May, 1976. at the hour of one fifteen o'clock p.m. of said day, is the time and place, when and where the City Commiss- ion will hear and pass upon all protests duly and regularly made and filed against the creation of said Special Improvement District No. 561, the improvements proposed to be made pursuant thereto and the extent and character 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 I of intention. ADOPTED BY THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA. at a regular and stated session of said Commission held on the 7th day of April, 1976. / ~. ~--.~- --"- <<eC"" c-:. .. ,,"... -.J (~ .. -....., , , ?U, LLMER, Mayor ATTEST: .- ~ /~ d?/~"" ~ ." ERNA V. HARDING, Clerk of the City Commission NOTICE IN RE COMMISSION RESOLUTION NO. 1786 OF THE CITY OF BOZEMAN DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DIS- TRICT TO BE KNOWN AND DESIGNATED AS "SPECIAL IMPROVEMENT DISTRICT NO. 561". ********************* NOTICE IS HEREBY GIVEN. that on the 7th day of April, 1976, at a regular session of the City Comnlission of the City of Bozeman. Commission Resolution No. 1786 entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DE- CLARING 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. 561 FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING AN ASPHALTIC CON~ CRETE TYPE PAAVEMENT, INTEGRAL CONCRETE CURBS AND GUTTERS, STORM DRAINAGE I AND NECESSARY APPURTENANCES THERETO ON SOUTH 20TH AVENUE FROM COLLEGE STREET NORTH TO 106 FEET SOUTH OF WEST BABCOCK STREET, WEST OLIVE, WEST KOCH, AND HEST DICKERSON STREETS, BETWEEN SOUTH 19TH AVENUE AND SOUTH 20TH AVENUE AND THAT PORTION OF WEST KOCH STREET LYING BETWEEN BLOCKS 1 AND 2 OF KIRK SUBDIVISION NO.4 TO THE CITY OF BOZEMAN. was passed and adopted. That Wednesday, the 5th day of May, 1976, at 1:15 o'clock p.m., at the Commission Room of the City Hall, Bozeman, Montana, is designated by Commission Resolution No. 1786 as the time when and the place 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 mus t be made in wri ting and delivered to the Clerk of the City Commission within 15 days after date COMMISSION RESOLUTION NO. 1786 --------------.--.. ~. 38 of the first publication of this notice. The general character of improvements is the construction and installation of an asphaltic- concrete type pavement. The estimated cost of said improvements within the district, including engineering, legal, administration, and contingency is $250,000.00. For a description of the boundaries of said Special Improvement District No. 561 reference is hereby made to Commission Resolution No. 1786 of the City Commission of the City of Bozeman de- I elaring 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 giVE:!n pursuant to the provisions of Section 11-2204, Revised Codes of Montana, 1%7. t.? /(~~. '-. c;;a: ~ ~?k-:7 /' ......--- ERNA V. lUI.RDING, Clerk of City Commission First published in Bozeman Daily Chronicle Thursday, 15 April , 1976. State of Montana ) County of Gallatin : City of Bozeman ) I, Erna V. Harding, Clerk of the Commission of the City of Bozeman, do hereby certify, that the foregoing Commission Resolution No. 1786, Notice in Re, was published in length in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City in the issue of the 15th day of April thru the 20th day of April, 1976, and due proof of such publication I is on file in my office. IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my office this 4th day of May, 1976. ~~ //.1 ~~;, ERNA V. HARDING, ~ Clerk of the City Commission. I COMMISSION RESOLUTION NO. 1786 ~- - -- ---- - ~..~--~----_._---_._---~