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Home My WebLink AboutResolution 1779 Special Improvement District 559 --- .-..- 15 COMMISSION RESOLUTION NO. 1779 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING /!'rOflIt ... IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, MONTANA, TO CREATE A SPECIAL .... ca. IF IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 559 FOR ol-';:!>-'''' THE PURPOSE OF CONSTRUCTING AND INSTALLING AN ASPHALTIC CONCRETE TYPE PAVEMENT, -......-............................. INTEGRAL CONCRETE CURBS AND GUTTERS, AND NECESSARY APPU~TENANCES THERETO; ftJ!-f ALSO CONSTRUCTION AND INSTALLATION OF NECESSARY STORM DRAINAGE PIPE, INLETS, MANHOLES, DITCHES, AND APPURTENANCES NECESSARY 10 STORM DRAINAGE ON SOUTH I FIFTEENTH AVENUE BETWEEN WEST BABCOCK STREET AND WEST KOCH STREET IN THE CITY OF BOZEMAN, MONTANA. ******************************* WHEREAS, there has been filed with the Clerk of the City Commissioner of the City of Bozeman, Montana, a petition in due form of certain owners of properties situated in the district asking that a Special Improvement District be created for the purpose of constructing and installing an asphaltic concrete type pavement, together with integral concrete curb and gutter, and necessary appurtenances thereto, and necessary storm drainage appurtenant to such pavement; and WHEREAS, at a regular meeting of the City Commission of the City of Bozeman held on the 10th day of December, 1975, 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. 559 for the purpose of constructing and installing an asphaltic concrete type pavement on South Fifteenth Avenue between West Babcock and West Koch Street, said project to include construction and installation of integral concrete curb and gutter and necessary appurtenances thereto, together with necessary storm drain- age facilities appurtenant to such paving. Section 2 BOUNDARIES I The boundaries of Special Improvement District No. 559 are described as follows: Beginning at the North one-sixteenth corner of the Southwest one-quarter of Section 12, Township 2 South, Range 5 East, M.P.M., Gallatin County, Montana; thence east a distance of 40.00 feet; thence South 0044'47" West a distance of 30.00 feet to the true point of beginning; thence East a distance of 50.00 feet; thence South OD44'47" West a distance of 629.30 feet; thence south 0052'00" West a distance of 511.50 feet to a point on the south line of West Koch Street; thence along the south line of West Koch Street South 89052'00" West a distance of 160.00 feet; thence North 0052'00" East a dis- tance of 275.00 feet to a point on the South line of Mae's Subdivision; thence North 0034'20" East a distance of 806.00 feet to a point on the south line of West Babcock Street; thence along the south line of West Babcock Street North 89050'42" East a distance of 160.00 feet to the true point of beginning. Contained within the above described exterior boundaries are the following lots, blocks, and tracts of land, to wit: the West 50 feet of Lot 2, Minor Subdivision No. 15; that portion of Tract B of the Valley of Flowers P.U.D. being parallel and adjacent to South 15th Avenue and being 50 feet by 479.30 feet; the West 50 feet of Lots 1 and 3, Block 4, and the West 50 feet of Lots 4 and 5, Block 5, all in Corcoran's Rearrangement of Blocks 3, 4, 5, and 6 of the West Side Addition; the East 50 feet of Lots 2 througp 10 inclusive of Moe's Subdivision; and the East 50 feet of that unplatted tract of land lying west of and adjacent to South 15th Avenue and lying between Mae's Subdivision and West Koch Street. Section 3 CHARACTER OF IMPROVEMENTS The character of improvements in Special Improvement District No. 559 is the construction of an asphaltic concrete pavement project with integral concrete curb and gutter together with storm drainage and necessary appurtenances to said construction on South Fifteenth Avenue between West I Babcock Street and West Koch Street, said project to include construction of gravel subbase, an asphaltic concrete type base and surface course, all necessary excavation and backfill, and all other work appurtenant thereto; together with all storm drainage pipe, manholes, inlets, ditches, diversion structure and all other work appurtenant to storm drainage. Section 4 ESTIMATE OF COST The preliminary estimate of cost of the improvements in Special Improvement District No. 559 including all construction costs, material costs, engineerin& legal, administration, and con- tingency is $110,000.00. COMMISSION RESOLUTION NO. 1779 . _~..._ -.L...... __...._~""'-- _______ _"'-_ -., . ~--~ ... "-~. _.~,. _..~------_. -.--.- --.. ,----- - 16 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 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. The total number of square feet of assessable area within the entire district is 106,591.00 square feet which is the area on which all protests will be received, considered, and determined, I and on which all asseSSments will be calculated. 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 dis- trict and the City Commission does hereby declare that the above district and all lots therein shall be assessed to pay the costs and expenses thereof. Section 7 PAYMENTS . The payments for the improvements shall be made in twenty (20) annual installments over a per- iod 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. 559, 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. 559 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 on said Special Improvement District No. 559. Said bonds shall draw a simple interest from the date of their registration until called for payment, at a rate not to exceed seven percent (7%) per annum, I 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 Special Improvement districts in cities and towns, and any amendments thereof or thereto. Section 8 PROTESTS AND NOTICE 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 10th day of March, 1976, at the hour of 1:15 o'clock p.m. of said day, is the time and the 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. 559, 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 City Commission of the City of Bozeman, at a regular and stated session of said City Commiss ion, held on the 11th day of February, 1976.- --'\ I C::::---"- / " /--'/';<P'-I u;/. /;:c'cc..-J :,_/~rAMES W. VOLLMER, Mayor ATTEST: I /.,..... of" _/ ,/ C>', . ~?t<L, /$/7 RNA v. HARJiING, \__ Clerk of the City Commission COMMISSION RESOLUTION NO. 1779 _u_.. ___~ _ _..._ .._ _ .. _ __..._.___..__., _ _ . .__ _.._.._ n ~,.. .. .~_._ _ .. __ _... ~~....___........ __ _____ ..- -- --. ..----.--..-- -.- -.......--..-., ---., ,.-...---- 17 NOTICE IN RE COMMISSION RESOLUTION NO. 1779 OF THE CITY OF BOZEMAN DECLARING THE INTEN- TION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AND DESIGNATED AS "SPECIAL IMPROVEMENT DISTRICT NO. 559." ********************* NOTICE IS HEREBY GIVEN that on the 11th day of February, 1976, at a regular session of the I City Commission of the City of Bozeman, Commission Resolution No. 1779, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLAR- , ING 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. 559 FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING AN ASPHALTIC CONCRETE TYPE PAVEMENT, INTEGRAL CONCRETE CURBS AND GUTTERS, AND NECESSARY APPURTEN- ANCES THERETO; ALSO CONSTRUCTION AND INSTALLATION OF NECESSARY STORM DRAINAGE PIPE, INLETS, MANHOLES, DITCHES, AND APPURTENANCES NECESSARY TO STORM DRAIN- AGE ON SOUTH FIFTEENTH AVENUE BETWEEN WEST BABCOCK STREET AND WEST KOCH STREET IN THE CITY OF BOZEMAN, MONTANA. was passed adopted. That Wednesday, the 10th day of March, 1976, at 1:15 o'clock p.m. at the Commission Room of the City Hall, Bozeman, Montana, is designated by Commission Resolution No. 1779 as the time when and the place where the City Commission of the City of Bozeman will hear and pass upon all protests .~f)~ .'/. ;: 'and 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 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 $110,000.00. For a description of the boundaries of said Special Improvement District No. 559 reference is hereby made to Commission Resolution No. 1779 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 I said City Commission in the City Hall of said City of Bozeman, MOntana, and open for inspection to all interested persons, parties and the public generally. This notice is given pursuant to the provions of Section 11-2204, Revised Codes of Montana, 1947. !:. ,/;&~ -- :/' (- ..' . ,./~..-> .c:: .,c c' ERNA V. HARDfNG, Cl of City Commission First Published in Bozeman Daily Chronicle 20 February 1976. 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 Resolution 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 20th day of February, 1976, 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 23rd day of February, 1976. I COMMISSION RESOLUTION NO. 1779 .-....... ....._---~~