HomeMy WebLinkAboutResolution 1783 Special Improvement District 562
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COMMISSION RESOLUTION NO, 1783
f'N<>J -' A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING
~ QMobO IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, MONTANA, TO CREATE A SPECIAL
'ta-~:J!<:--..- IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 562 FOR
~_.... - THE PURPOSE OF CONSTRUCTING AND INSTALLING AN ASPHALTIC CONCRETE TYPE PAVEMENT
_.t~.l-L INTEGRAL CONCRETE CURBS AND GUTTERS, STORM DRAINAGE AND NECESSARY APPURTENAN-
CES THERETO ON SOUTH 23RD AVENUE FROM COLLEGE STREET NORTH TO BABCOCK STREET
EACH FROM 23RD AVENUE TO SOUTH 20TH AVENUE FROM BABCOCK STREET SOUTH 106
FEET IN THE KIRK'S SUBDIVISION TO THE CITY OF BOZEMAN.
WHE REAS , there has been filed with the Clerk of the Commission of the City of Bozeman, Montana,
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a petition in due form of certain owners of properties situate in the Kirk's Subdivision to the City
of Bozeman asking that a Special Improvement District be created for the purpose of constructing and
installing an asphaltic-concrete pavement project to include integral concrete curbs and gutters,
storm drainage appurtenant to such paving and other work incidental thereto, 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 respectfully 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 Improvement
District to be known as Special Improvement District No. 562 for the purpose of constructing and
installing pavement on Babcock Street west of South 19th Avenue to its juncture with South 23rd Ave-
nue from that point to College Street. Also included is the north 106 feet of South 20th Avenue
from Babcock Street south and a section of street between West Main Street and the curve between
Babcock, an east-west street and 23rd Avenue, a north-south street.
Such pavement project to include construction of an asphaltic-concrete type pavement, integral
concrete curbs and gutters, appurtenant stor~m drainage and other work incidental thereto. Also in-
cluded is a 40" X 65" concrete arch culvert on the Farmers Canal on South 23rd Avenue at College Street.
Section 2
Boundaries
The boundaries of said Special Improvement District No. 562 are described as follows:
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Beginning at a point 85 feet west and 30 feet south of the west
quarter corner, Section 12, Township 2 South. Range 5 East, that
point being the north-east corner of Lot 1, Block 1, Kirk's Sub-
division to the City of Bozeman. thence southerly along the east
boundary of said lot a distance of 75.80 feet, thence westerly
along the south property line of lots 1 and 10 of Block 1, Kirk's
Subdivision to the City of Bozeman, a distance of 290.0 feet to
the west property line of said Lot 10, thence southerly along the
west boundary lof Lot 9, Block 1, Kirk's Subdivision a distance of
30.98 feet, thence westerly along a line 14 feet south of and
parallel to the south boundary of Lot 1. Block 1, Kirk's Subdivis-
ion Number Four a distance of 346.67 feet to the east boundary of
Lot 1, Block 3. Kirk's Subdivision Number Four to the City of Boz-
eman, thence southerly a distance of 2155.39 feet to the north
boundary of the Mountain Vista Subdivision to the City of Bozeman.
thence westerly along the north boundary of the Mountain Vista
Subdivision a distance of t100.83 feet to the northeast corner of
Tract 8 of said Mountain Vista Subdivision then southerly along
the east boundary of said Tract 8 a distance of 316.80 feet to its
south boundary thence south 89051' west along the south boundary
of Tract 8, Mountain Vista Subdivision and Block B of Strozzi's
First Subdivision to the City of Bozeman distance of 527.5 feet to
the southwest corner of said Block B. thence North 0002' west along
its west boundary ~ ~istance of 1273.70 feet to the northwest
corner of said Block B, thence North 85052' east along the
north
boundary a distance of 165 feet to the southwest corner of Block
A of Strozzi's Subdivision, thence north along the west boundary
of said Block A distance of 604.9 feet. thence north 42039'19"
east a distance of 119.59 feet along the west boundary of Lot 2,
Block 1, Triangle Area Annexation to the City of Bozeman, thence
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north 47012'03" west a distance of 121.22 feet along that west
boundary of said Lot 2, thence north 42.2(+'lt." east along the south
right of way of U.S. Highway 191 to a point 772.73 feet west and
30 feet north of the west quarter corner Section 12, Township 2
South, Range 5 East, thence north 29024' west a distance of 67.44
feet along the west boundary of Tract 1 to the south right of way
of U.S. Highway 191, thence northeasterly along said south right
of way, along a curve with an arc length of 700.62 feet angle of
29008'30". and a radius of 1377.50 feet, thence north 8904l.'30''
east a distance of 50.43 feet to the intersection with South 19th
Avenue at the northeast corner of said Tract 1, known as Assessor's
Trac t 39 in the SE~, NE}., Section 11, Township 2 South, Range 5
Eas t , thence south 0008'30" west a distance of 289.19 feet to the
point of beginning.
COMMISSION RESOLUTION NO. 1783
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Contained within the above described exterior boundaries are the following lots, blocks and
tracts of land, to-wit:
Lots 1 and 10 of Block 1, Kirk's Subdivision, Lot 1, Block 1,
Kirk's Subdivision Number Four, Lot 1, Block 3 and a portion of
the remainder of Blocks 3 and 4 of Kirk's Subdivision Number
Four, a portion of a tract of land deeded to the First Presby-
terian Church of Bozeman, Tract 8 of Mountain Vista Subdivision,
Blocks Aarl B of Strozzi's First Subdivision, Lots 1 and 2 of the
I Triangle Area subdivision and a tract of land lying between West
Babcock Street, West Main Street and west of and adjacent to
South 19th Avenue, known as Assessor's Tract 39.
Section
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Character of Improvements
Construction of a pavement project with integral concrete curbs and gutters and storm drainage
and necessary appurtenances to said construction on a portion of Babcock between South 19th Avenue
and South 23rd Avenue, South 23rd Avenue between Babcock and College Streets, a portion of South
20th Avenue extending 106 feet south of Babcock, and a connecting street between South 23rd Avenue
and West Main Street approximately 70 feet in length. This paving project will include constru-
ction of an asphaltic-concrete type surface course, all necessary excavation gravel backfill and
other appurtenant work thereto. Also included will be 70 feet of 40" X 65" concrete arch culvert
on the Farmers Canal on South 23rd Avenue at College Street.
Section
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Estimate of Cost
The preliminary estimate of cost is $320,000.00 as shown in the Engineers office, including
all construction costs, material costs, engineering, legal and contingencies.
Section
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Method of Assessment
The cost of such improvement as shown 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, avenue, alleys and public
I 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 within the district shall bear. The total square feet of assessable area within the entire
district is 2,112,253.19 square feet which is the area on which all protests will be received,
considered and determined.
Section
6
Payments
That the payments for said improvements shall be made in Twenty (20) annual installments ex-
tending over a period of nineteen (19) years, but this shall not be construed to prevent 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 to said Special Improvement District No. 562 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 Improve-
ment District No. 562 F\md 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 of said~~pecial Improvement District No. 562. Said bonds
will draw a simple
interest from the date of thetT registration until called for payment, which interest shall be
chargeable as a part of the ~ost 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,
I Revised Codes of Montana, 1947, and all other applicable provisions of Title II of the Revised Codes
of Montana, 1947, relating to special improvement districts in cities and towns and any amendments
thereof or thereto.
Section
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Pr~tests and Notices
That the regular session of the Cit~ Commission of the City of Bozeman to be held at the COmm-
ission chamber, City Hall Building, Bozeman, Montana, 00 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
COMMISSION RESOLUTION NO. 1783
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said proposed Special Improvement District No. 562, 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
oj 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 7th day of April, 1976.
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ATTEST:
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E A V. HARDING,
Clerk of the City Commission
NOTICE IN RE
COMMISSION RESOLUTION NO. 1783 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 AND DESIGNATED AS "SPECIAL IMPROVEMENT DISTRICT NO. 562".
NOTICE IS HEREBY GIVEN that on the 7th day of April, 1976, at a regular session of the City
Commission of the City of Bozeman, Commission Resolution No. 1783, entitled:
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 KNmJN AS SPECIAL IMPROVEMENT DISTRICT NO 562 FOR
THE PURPOSE OF CONSTRUCTING AND INSTALLING AN ASPHALTIC-CONCRETE TYPE PAVEMENT,
INTEGRAL CONCRETE CURBS AND GUTTERS, STORM DRAINAGE AND NECESSARY APPURTENAN-
CES THERETO ON SOUTH 23RD AVENUE FROM COLLEGE STREET NORTH TO BABCOCK STREET
EAST FROM 23RD AVENUE TO SOUTH 20TH AVENUE FROM BABCOCK STREET SOUTH 106 FEET
IN THE KIRK'S SUBDIVISION TO THE CITY OF BOZEMAN.
was passed and adopted.
That Wednesday, the 5th day of May, 1976, at 1:15 o'clock, at the Commission Room of the City I
Hall, Bozeman, Montana, is designated by Commission Resolution No. 1783 as the time when and the
place where the City Commission of the City of Bozeman will hear and pass upon all protests 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 $320,000.00.
For a description of the boundaries of said Special Improvement District No. 562 reference is
hereby made to Commission Resolution No. 1783 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 notise is given pursuant to the provisions of Section 11-2204, Revised Codes of Montana, 1947.
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E RN/I-V. HARDING,
ClerK of the City Commission
First published in Bozeman Daily Chronicle Thursday, 15 April 1976.
State of Montana )
County of Gallatin :
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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. 1783, 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 dne 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 April, 1976.
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ERNA V. HARDING, .
Clerk of the City Commission
COMMISSION RESOLUTION NO. 1783
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