HomeMy WebLinkAboutResolution 1728 Special Improvement District 547
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COMMISSION RESOLUTION NO. 1728
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l'j-'b-1S 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
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SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT
DISTRICT NO. 547 FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING A
TRUNK STORM DRAINAGE SYSTEM INCLUDING NECESSARY STORM DRAINAGE PIPE.
MANHOLES, INLETS, DITCHES, AND OTHER NECESSARY APPURTENANCES TO
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STORM DRAINAGE, TOGETHER WITH GRAVEL FILL MATERIAL NECESSARY TO
ESTABLISH REQUIRED GRADES ALONG THE SOUTH SIDE OF DURSTON ROAD FROM
NORTH ELEVENTH AVENUE TO NORTH EIGHTEENTH AVENUE IN THE CITY OF
BOZEMAN. MONTANA.
WHEREAS, the City Commission of the City of Bozeman. Montana. has determined that it is in
the best interest of the City of Bozeman and the owners of properties within the area between
West Beall Street and Durston Road from North Eleventh Avenue to North Eighteenth Avenue, and
between West Main Street and West Beall Street from the east line of the Cleveland Subdivision
to the east line of Blocks 1 and 2 of Kirk's Second Subdivision. that a special improvement district
be created for the purpose of constructing and installing a trunk storm drainage system together
with necessary fill material and other work incidental thereto; and.
WHEREAS. that at a regular meeting of the City Commission of the City of Bozeman, held on the
5th day of March, 1975, the aforesaid improvements were considered and discussed.
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 Commission of the City of Bozeman to
create a special improvement district to be known and designated as Special Improvement District
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No. 547 of the City of Bozeman for the purpose of constructing and installing a trunk storm drainage
system. along with gravel fill material. along the south side of Durston Road between North Eleventh
Avenue and North Eighteenth Avenue.
Section 2
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Boundaries
The boundaries of Special Improvement District No. 547 are described as follows:
Beginning at a point on the centerline of Durston Road, which point
bears North 89053'38" East a distance of 360.92 feet from the
northwest corner of Section 12. Township 2 South, Range 5 East of
M.P.M.; thence along the centerline of Durston Road. North 89053'38"
East a distance of 978.25 feet to the north 1/16 corner of the North-
west Quarter of said Section 12; thence continuing along the centerline
of Durston Road. South 88059' East a distance of 1341.74 feet to the
north ~ corner of said Section 12; thence South 1006' West a distance
of 1308.58 feet to the east 1/16 corner of the Northwest Quarter of
said Section 12; thence westerly along the center 1/16 line of said
Northwest Quarter of Section 12, North 89036'30" West a distance of
1181.74 feet to the northeast corner of Cleveland Subdivision, said
point being 170.3 feet easterly of the center 1/16 corner of the
Northwest Quarter. Section 12; thence southerly 951.25 feet along the
easterly boundary of the Cleveland Subdivision to a point on the
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Avenues; thence along said alley centerline North 00025'38"
East a distance of 1235.73 feet to a point ten feet easterly of
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the southeast corner of Lot 1, Block B of Graf's First
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Rearrangement of Block 6, Kirk's Second Subdivision; thence
westerly a distance of 10 feet to said southeast corner of Lot
1;
thence westerly along the south line of said Lot 1 a distance
of 110.01 feet to the southwest corner of said Lot 1;
thence
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North 00025'36" East a distance of 95 feet to the point of
beginning.
Contained within the above described exterior boundaries are the
following lots, blocks, and tracts of land, to wit:
Lot 1, Block B, Graf's First Rearrangement of Block 6 of Kirk's
Second Subdivision;
Lots 18 through 33, inclusive, of Block B and Lots 17 through 32,
inclusive, of Block C, all in Graf's Third Rearrangement of
Block 6 of Kirk's Second Subdivision;
Lots 1 through 16, inclusive, of Block C of Graf's Second
Rearrangement of Block 6 of Kirk's Second Subdivision;
Lots 1 through 5, inclusive, of the Kirkwood Baptist Church's
Rearrangement of Block 4 of Kirk's Second Subdivision;
Lots 1 through 24, inclusive, of Jaffe's Rearrangement of Block
5 of Kirk's Second Subdivision;
Lots 1 through 7, inclusive, of Durston Subdivision No.3;
All unplatted tracts in the Northeast Quarter of the Northwest
Quarter of Section 12, Township 2 South, Range 5 East;
Lots 1 through 12, inclusive, of Cleveland Subdivision;
All of Lots 1 and 2 of the Buttrey's Tract lying in the Southwest
Quarter of the Northwest Quarter of Section 12, Township 2 South,
Range 5 East, M.P.M., West of North 15th Avenue (West Main
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Shopping Center);
Lots 1, 2, and 3 of the Rearrangement of Block 3 of Kirk's 2nd
Subdivision.
Section
3
Character
of Improvements
The character of improvements is the construction and installation of a trunk storm drainage
system including approximately 600 linear feet of 15 inch reinforced concrete pipe, 60 linear feet
of 12 inch reinforced concrete pipe, 325 linear feet of 40 inch by 65 inch reinforced concrete pipe
arch, 60 linear feet of 24 inch corrugated metal pipe, three inlets, together with necessary trench
excavation, tree removal, connections to existing storm sewers, backfilling, and other work
appurtenant to construction of said trunk storm drainage project.
Also included will be gravel fill
material required to establish finished grades along Durston Road, together with open ditches as
required to promote drainage along Durston Road between North Eleventh Avenue and North Eighteenth
Avenue in the City of Bozeman.
Section
4
Estimate
of Cost
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The estimated cost of the improvements within the district, including engineering, legal,
administration, and contingency, is
$70,000.00.
Section 5
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which its area bears to the area of the
entire district, exclusive of streets, avenues,
and
alleys.
The total actual assessable area within the entire district is 3,347,874.28 square
feet, which is the area on which all
protests will be received,
considered, and determined, and on
which all assessments will be calculated.
Section 6
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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 district and all lots included
therein shall be assessed to pay the
costs and expenses thereof.
Section 7
Payments
The payments for the improvements shall
be made in 10 annual installments over a period of
nine 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. 547, 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.
547
Fund of the City of Bozeman.
The bonds will be redeemable at the option of the City, singly or in
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multiples, and in the order of their
registration, whenever funds are available for the purpose on
said Special Improvement District No.
547. Said bonds shall draw a simple
interest from the date
of their registration until called for
payment, at a rate not to exceed seven (7) percent per annum,
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 RaIl Building,
Bozeman, Montana, on Wednesday,
the 9th day of April, 1975, 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. 547, the improvements proposed
to be made pursuant thereto,
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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 Commission, held on the 19th day
of March, 1975.
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Mayor
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COMMISSION
RESOLUTION NO. 1728
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ATTEST: .
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NOTICE IN RE
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.- _CoMMISSION RESOLtITION NO. 1728 OF THE CITY OF BOZEMAN DECLARING
-, --n-~~-THE INTENTION OF THE CITY OF. BOZEMAN TO CREATE A SPECIAL
IMPROVEMENT
DISTRICT TO BE KNOWN AND DESIGNATED AS "SPECIAL
IMPROVEMENT
DISTRICT NO. 547".
NOTICE IS HEREBY GIVEN that on the 19th day of March, 1975, at a regular
session of the City
Commission of the City of Bozeman. Commission Resolution No.
1728, 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. 547 FOR THE PURPOSE OF
CONSTRUCTING
AND INSTALLING A TRUNK STORM DRAINAGE SYSTEM
INCLUDING
NECESSARY STORM DRAINAGE PIPE. MANHOLES. INLETS.
DITCHES,
AND OTHER NECESSARY APPURTENANCES TO STORM DRAINAGE.
TOGETHER
WITH GRAVEL FILL MATERIAL NECESSARY TO ESTABLISH
REQUIRED
GRADES ALONG THE SOUTH SIDE OF DURSTON ROAD FROM NORTH
ELEVENTH
AVENUE TO NORTH EIGHTEENTH AVENUE IN THE CITY OF
~
BOZEMAN,
MONTANA.
was passed and adopted.
That Wednesday. the 9th day of April. 1975, at 1:15 o'clock p.m.. at the
Commission Room of the
City Hall. Bozeman. Montana.
is designated by Commission Resolution No.
1728 as the time when and
. the p'~_ee~--where the City Commission of the City of Bozeman will hear and pass upon all protests that
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may be made against the making of such improvements. or the creation of said district.
Protest 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 a trunk storm
drainage system including approximately 600 linear feet of 15 inch reinforced concrete pipe. 325
linear feet of 40 inch by 65 inch reinforced concrete pipe arch. 60 linear feet of 12 inch
reinforced concrete pipe. 60 linear feet of 24 inch corrugated metal pipe. three inlets. together
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Dated this 19th day of March, 1975.
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Clet;k of the City Cq i.ss ion
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First published in Bozeman Daily Chronicle
24th day of March 1975.
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State of Montana
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County of Gallatin :
ss
City of Bozeman
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I, Erna V. Harding, Clerk of the Commission
of the City of Bozeman, do here certify that the
foregoing Resolution was published by
title and number in the Bozeman Daily Chronicle, a newspaper
of general circulation printed and published
in said City in the issue of the 24th day of March thru
the 28th day of March 1975,
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 8th day of
April 1975.
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