HomeMy WebLinkAboutResolution 1516 Special Improvement District 512
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COMMISSION RESOLUTION NO. 1516
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'1-\0 -\ '(f- 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
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~ \\.\\- ..-..........- CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVE-
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MENT DISTRICT NO. 512 FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING
AN ASPHALTIC-CONCRETE PAVING. INTEGRAL CONCRETE CURBS AND GUTTERS.
NECESSARY APPURTENANCES THERETO. ALSO CONSTRUCTION AND INSTALLATION
OF NECESSARY STORM DRAINAGE PIPE. INLETS. MANHOLES. DITCHES AND OTHER
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APPURTENANCES TO THE STORM DRAINAGE SYSTEM ON MASON STREET BETWEEN
SOUTH WILLSON AVENUE AND SOUTH ROUSE AVENUE. HEREFORD STREET BETWEEN
SOUTH TRACY AVENUE AND SOUTH ROUSE AVENUE. THAT PORTION OF SOUTH
TRACY AVENUE. THAT PORTION OF ROUSE AVENUE, THAT PORTION OF LINCOLN
STREET. THAT PORTION OF CAROL PLACE. THAT PORTION OF BLACK AVENUE.
LYING IN THOMPSON'S FOURTH ADDITION TO THE CITY OF BOZEMAN. MONTANA.
AND ALSO ON THAT PORTION OF SOUTH ROUSE AVENUE. A PORTION OF EAST
GARFIELD STREET. A PORTION OF LINCOLN STREET. A PORTION OF EAST
CLEVELAND STREET IN UNIVERSITY SUBDIVISION NO. 2 AND A PORTION OF
SOUTH TRACY AVENUE LYING IN THE 1962 REARRANGEMENT OF BLOCK 2 OF
UNIVERSITY ADDITION TO THE CITY OF BOZEMAN. MONTANA. AND THAT
PORTION OF MASON STREET LYING IN THOMPSON ADDITION NO.2.
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 situate in Thompson's Fourth
Addition to the City of Bozeman. University Subdivision No.2. and a portion of South Tracy
Avenue lying in the 1965 Rearrangement of Block 2 of University Addition to the City of Bozeman.
Montana. asking that a special improvement district be created for the purpose of constructing
and installing an asphalt concrete type pavement. together with integral concrete curbs and
gutters and necessary appurtenances thereto. together with necessary storm drainage facilities
appurtenant to such paying; and
WHEREAS, at a regular meeting of the City Commission of the City of Bozeman held on the
21st day of June. 1972. the aforesaid petition was respectively considered and granted;
I
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. 512 for the
purpose of constructing and installing an asphalt concrete type pavement project on Mason Street
between South Willson Avenue and South Rouse Avenue. Hereford Street between South Tracy Avenue
and South Rouse Avenue. a portion of South Tracy Avenue. that portion of Rouse Avenue. that
portion of Lincoln Avenue and that portion of Black Avenue lying in Thompson's Fourth Addition
and on that portion of South Rouse Avenue. a portion of East Garfield and a portion of Lincoln
Avenue lying in University Subdivision No. 2 and a portion of South Tracy Avenue lying in the
1962 Rearrangement of Block 2 University Addition. Said pavement project to include construction
and installation of integral concrete curbs and gutters and necessary appurtenances thereto.
together with necessary storm drainage facilities appurtenant to such paving.
Section 2
Boundaries
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That the boundaries of said Special Improvement District No. 512 are described as follows:
A tract of land in Section 18. Township 2,South. Range 6 Ea?t, M.P.M..
situated in the city of Bozeman. county of Gallatin. state of Montana.
more particularly described as follows:
Beginning at a point. said point being a two inch iron pipe monument
regarded as the center of Section 18. thence along the north south
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COMMISSION RESOLUTION NO. 1516
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centerline of said Section 18 South 00 25' 40" East a distance
of 2287.32
feet to a point on the northerly line of Kagy Boulevard, which is a
circular curve to the right with a radius of 756.51 feet; thance along
the arc of said circular curve through a central angle of 550 49' a
distance
of 736.88 feet to the point of tangency of that curve; thence North 170
35' West a distance of 166.23 feet to the beginning of a circular curve
to the left with a radius of 566.18 feet; thence along the arc of said
I circular curve through a central angle of 730 14' a distance of 723.66
feet to the point of tangency of that curve; thence continuing along
the northerly line of aforesaid Kagy Boulevard South 890 11' West a
distance of 965.64 feet to the beginning of a circular curve to the right
with a radius of 125.00 feet; thence along the arc of said circular
curve through a ,central angle of 190 23' a distance of 42.64 feet to a
point; thence North 300 16' East a distance of 356.64 feet to the south-
east corner of lot 2 of Block 6, Thompson Additon No.4; thence continuing
North 360 16' East along the easterly line of Lots 2 and 3 of Thompson
Addition No. 4, and Lot 5 of Block 2 of Thompson Addition No.
2 a distance
of230.53 feet to a point on the easterly line of Lot 5; thence North
290 32' 50" East along the easterly line of said Lot 5 to the southeast
corner of Lot 4 of Block 2. Thompson Additon No. 2;
thence North 270
11' 20" East along the easterly line of said Lot 4.
a distance of 98.55
feet to the southeast corner of Lot 3; thence North 230 54' 40" East
along the easterly line of Lot 3 a distance of 98.55 feet to the south-
east corner of Lot 2; thence North 200 38' East along the easterly line
of Lot 2 a distance of 98.55 feet to the southeast corner of Lot 1 of
Block 2, Thompson Addition No.2; thence North 710 00' 20" West along
::;,,,,-TA."7 the ~65terly line of said Lot 1 a distance of 150.00 feet to a point
on the easterly line of South Willson Avenue; thence northerly along
said easterly line a distance of 268.40 feet to the northwest corner
of Lot 2 of Block 3. Thompson Addition No.
2; thence easterly along
the north line of said Lot 2 a distance of 180.50 feet to the north-
east lot corner; thence due north a distance of 135.86 feet to a point
on the northerly line of Thompson Addition No.4; thence along said
northerly line South 890 39' East a distance of 233.07 feet to a point;
thence northerly, parallel to and a distance of 100 fe~t westerly from
the west line of South Tracy Avenue, a distance of 858.7 feet to a
point on the southerly right of way line of the C.M. St. P. & P.
Railway; thence along said right of way line North 300 16'
East a
distance of 185.33 feet to a point; thence easterly and across City
I Park and Lots 2 and 3 of Block 1 of the 1962 Rearrangement
of
Block 2 of University Subdivision a distance of 156.63 feet to the
northwest corner of Lot 5 of said Block 1; thence easterly along the
northerly line of said Lot 5 a distance of 100 feet to a point on
the west line of South Black Avenue; thence southerly along the west
line of South Black Avenue a distance of 210 feet to the southeast
corner of lot 22 of Block 2 of the 1962 Rearrangement of Block 2 of
University Subdivision; thence westerly along the south line of said
Lot 22 a distance of 100 feet to the southwest corner; thence south-
erly along the north south centerline of said Block 2 of said 1962
Rearrangement a distance of 80 feet to the southeast corner of Lot 2;
thence westerly along the south line of said Lot 2 and across South
Tracy Avenue a distance of 150.00 feet to a point on the west line
of South Tracy Avenue; thence southerly along the west line of South
Tracy Avenue a distance of 927.4 feet to a point; thence easterly
across South Tracy Avenue to the Southwest corner of Lot 2 of Block
1 of Thompson Addition No. 4. thence easterly
along the south line
,
of said Lot 2 a distance of 137.85 feet to the southeast corner of
said Lot 2; thence northerly along the east line of said Lot 2 a
distance of 122.12 feet to the northeast corner of said Lot 2. said
point being on the north line of Thompson Addition No. 4.
thence along
.
said north line South 89026' East a distance of 795.97 feet to the
southwest corner of lot 4 of Block 7 of University Subdivision No. 2'
.
thence northerly along the west line of said Lot 4 a distance of
129.07 feet to the northwest corner of said Lot 4; thence northwesterly
a distance of 60.83 feet more or less to the southwest corner of
Lot 24 of Block 4, University Subdivision No.
2' thence. northerly along
,
the north south centerline of said Block 4 a distance of 989.40 feet
to the northwest corner of Lot 13 of said Block 4; thence northerly
across East Garfield Street a distance of 60 feet to the southwest
corner of Lot 14 of Block 3 of University Subdivision No. 2'
thence
,
I northerly along the north south centerline of said Block 3 a distance
of 518.87 feet to the northwest corner of Lot 2 of said Block; thence
northeasterly across East Cleveland Street a distance of 63.25 feet more
or less to the southwest corner of Lot 17 of Block 5. University Sub-
division; thence northerly. along the west line of said lot 17 a dis-
tance of 109.85 feet to the northwest corner of said Lot 17; thence
North 89021' East a distance of 240 feet to a point on the east line
of the NWt of Section 18. Township 2 South.
Range 6 East. said point
being the northeast corner of Lot 1 of Block 6 of University Subdivision;
thence South 0027'10" East along the east line of said NW\ of Section
18 said line being also the east line of University Subdivision and
University Subdivision No. 2 a distance of 1931.45 feet to the center
COMMISSION RESOLUTION NO.
1516
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of said Section 18, the point of beginning.
Contained within the above described exterior boundaries are the foll-
owing lots, blocks, and tracts of land,
to wit:
Lots 1 thru 5 inclusive of Block I, Lots 1 through 8 inclusive of
Block 2, all of Blocks 3,4,7,8,
and 9 and a portion of Block 6, all
in Thompson Addition No. 4; Lot 1 of Block 2 and Lot 2 of Block 3 in
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Thompson Addition No. 2;
south portion of Lots 2 and 3 and all of Lot
5 in Block I, and Lots I,
2 and Lot 22 of Block 2, all in the 1962 Re-
arrangement of Block 2 of the University Subdivision; Lot 4 of Block
7, Lots 13 thru 24 inclusive of Block 4, Lots 2,4,6,8,10,12,
and 14 of
Block 3, Lots 3 thru 9 inclusive of Block 5 and Lots 1 thru 14 inclu-
sive of Block 6, all in University Subdivision No.
2; Lot 17, Block 5,
and Lots 1 and 2 of Block 6, all in University Subdivision.
Areas to
be excluded from assessment are all streets, avenues,
parks and all
other public places.
Additional areas to be excluded from assessment for storm drainage
costs are lots 2,4,6,8,10,12 and 14 of Block 3, Lots 13 thru 24 inclu-
sive of Block 4, Lots 3 thru 9 inclusive of Block 5, Lots I thru 14
inclusive of Block 6, and Lot 4 of Block 7,
all in University Sub-
division No. 2.
Section 3
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 Mason Street between South Willson
Avenue and South Rouse Avenue, Hereford Street between South Tracy Avenue and South Rouse Avenue,
a
portion of South Tracy Avenue, that portion of Lincoln Avenue and that portion of Black Avenue lying
in Thompson's 4th Addition and on that portion of South Rouse Avenue, a portion of East Garfield and
a portion of Lincoln Avenue lying in University Subdivision No. Z
and a portion of South Tracy
Avenue lying in the 1962 Rearrangement of Block 2, University
Addition, said pavement project to
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include construction of an asphaltic~concrete type surface course, all necessary excavation, gravel
backfill and other appurtenant work thereto.
Section 4
Estimate of Cost
The preliminary estimate of cost is $585,000.00 as shown by Schedule I on file in the city
engineer's office, and $103,000.00 as shown by Schedule 2 on file in the city engineer's office,
or a total cost of $688,000.00, including all construction costs, material costs,
engineering, legal
and contingencies.
Section 5
Method of Assessment
The cost of such improvement as shown in Schedule I is to be assessed against the entire
district, each lot or parcel of land within such district will be assessed for chat 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 nerein provided for are made shall
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bear double the amount of the costs of such improvements per square foot of such land that eacO
square foot of any other land within the district shall bear. The total square feet of assessable
area within the entire district of 2,~b4,oOI.22 square feet which is the area on which all pro-
tests will De received, considered and determined.
Toe entire costs of improvements covered by Schedule 2 shall be borne by the entire district
with the exception of Lots 2, 4, b, tS, 10,
12, and 14 of Block 3, Lots 13 through 24 inclusive of
Block 4) Lots 3 through 9 inclusive of Block 5, LotR 1 through 14 of Block b,
and Lot 4 of block
COMMISSION RESOLUTION NO. 1516
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7, all in University Subdivision No. 2,
each lot or parcel of land within such district with the
exception of the lots noted above 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, parks and other
pub lie places. The total assessable area under Schedule 2 is 2,056,089.13 square feet.
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Section b
Payments
That the payments for said improvements snall be made in twenty (20)
annual instalments ex-
tending over a period of nineteen (19) years, but this shall not be constructed to prevent
payment
in full at any regular payment date by any property owner who desires to do so. lt
is proposed
to pay the entire cost and expense of the construction and installed of said improvements with
cash to be obtained from the sale of bonds of said Special Improvement District No.
512 as
authorized by law. Such bonds will be in denomlnations 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. 512 Fund of the City of Bozeman.
The Douds
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 that purpose in said Special Improvement District
No. 512. Said Donds will 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, 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 witn the provisions of Section 11-2232 and Section 11-2271,
Revised
I Codes of Montana, 1':J47 , and all other applicable provisions
of Title 11 of the Revised Codes of
Montana, 1':J47 , relating to special improvement districts in cities and towns and
any amendments
thereof or thereto.
Section 7
~rotests and Notice
That the regular session of the city commission of the city of Bozeman to be held at the co-
mmission chamber, City Hall Building, Bozeman, Montana,
on Wednesday, the 12th day of July,
1972 ,
at the hour of one fifteen O'ClOCk p.m. of said day,
is the time and place, when and where the
city commision will uear and pass upon all protests duly and regularly made and filed against
the creation of said proposed Specla1 Improvement District No. 512,
tne improvements proposed to
De made pursuant thereto and the extent and character tnereof, and the clerk of the
city commi-
ssion be, and she is hereby directed to give; in the manner and for the time as by law required,
of the adoption of this resolution of intention.
ADOfTED BY THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, at a regular and stated session of
said commission held on June 21, 1972.
I
Mayor
ATTEST:
g A-nr./ /~ ~~
Clerk of City Commission
COMMISSION RESOLUTION NO. 1516
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32()
NOTICE IN RE
COMMISSION RESOLUTION NO. 1516 OF THE CITY OF BOZEMAN DECLARING
THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT
DISTRICT TO BE KNOWN AND DESIGNATED AS "SPECIAL IMPROVEMENT DISTRICT
NO. 512"
NOTICE IS HEREBY GIVEN that of the 21st day of June, 1972, at a regular
session of the commission of the city of Bozeman, Commission Resolution No. 1516
I
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 NO. 512 FOR THE PURPOSE OF CON-
STRUCTING AND INSTALLING AN ASPHALTIC-CONCRETE PAVING, INTEGRAL CONCRETE
CURBS AND GUTTERS, NECESSARY APPURTENANCES THERETO. ALSO CONSTRUCTION
AND INSTALLATION OF NECESSARY STORM DRAINAGE PIPE, INLETS, MANHOLES,
DITCHES AND OTHER APPURTENANCES TO THE STORM DRAINAGE SYSTEM ON MASON
STREET BETWEEN SOUTH WILLSON AVENUE AND SOUTH ROUSE AVENUE, HEREFORD
STREET BETWEEN SOUTH TRACY AVENUE AND SOUTH ROUSE AVENUE, THAT PORTION
OF SOUTH TRACY AVENUE, THAT PORTION OF ROUSE AVENUE, THAT PORTION OF
LINCOLN STREET, THAT PORTION OF CAROL PLACE, THAT PORTION OF BLACK
AVENUE, LYING IN THOMPSON" S FOURTH ADDITION TO THE CITY OF BOZEMAN, MONT-
ANA, AND ALSO ON THAT PORTION OF SOUTH ROUSE AVENUE, A PORTION OF EAST
GARFIELD STREET, A PORTION OF LINCOLN STREET, A PORTION OF EAST CLEVELAND
STREET IN UNIVERSITY SUBDIVISION NO. 2 AND A PORTION OF SOUTH TRACY
I
AVENUE LYING IN THE 1962 REARRANGEMENT OF BLOCK 2 OF UNIVERSITY ADDITION
TO THE CITY OF BOZEMAN. MONTANA, AND THAT PORTION OF MASON STREET LYING
IN THOMPSON ADDITION NO.2.
was passed and adopted.
That Wednesday, the 12th day of July, 1972. at one fifteen o'clock p.m.
at the commission room of the city hall, Bozeman, Montana, is designated by
Resolution No. 1516 as the time when and place where the 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 must
be made in writing and delivered to the clerk of the city commission within
fifteen (15) days after date of the first publication of this notice.
The general character of the improvements proposed to be made is the
construction of a pavement project with integral concrete curbs and gutters,
together with necessary storm drainage facilities appurtenant to such paving
on Mason Street between South Willson Avenue and South Rouse Avenue, Hereford I
Street between South Tracy and South Rouse Avenue, a portion of South Tracy
Avenue, that portion of Rouse Avenue, that portion of Lincoln Avenue~and that
portion of Black Avenue lying in Thompson's Fourth Addition and on that portion
of South Rouse Avenue, a portion of East Garfield and a portion of Lincoln
Avenue lying in University Subdivision No. 2 and a portion of South Tracy
Avenue lying in the 1962 Rearrangement of Block 2, University Addition.
COMMISSION RESOLUTION NO. 1516
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The ~stimated cost of said improvements within the district, including
engineering, legal and contingency, to be assessed against said district is
the sum of $688,000.00.
For a description of the boundaries of said Special Improvement District
No. 512 reference is hereby made to Resolution No. 1516 of the Commission of
I the city of Bozeman declaring the intention to create said district, which is on
file in the office of the undersigned clerk of said commission in the city hall
of said city of Bozeman, state of Montana. and open for inspection to all interested
parties and the public generally.
This notice is given pursuant to the provisions of Section 11-2204, Revised
Codes of Montana. 1947.
Dated this 21st day of June. 1972.
t:~t1AC / ~~
Clerk 6f City qc? ision
First published in the Bozeman Daily Chronicle 23 June . 1972.
State of Montana )
County of Gallatin :
I City of Bozeman )
I, Erne V. Harding, Clerk of the Commission of the City of Bozeman do hereby certify,
that the foregoing Notice in Re, Commission Resolution No. 1516, was published at
length in the Bozeman Daily Chronicle, a newspaper of general circulation printed
and published in said City in the issue of the 23rd day of June, 1972, and to run
for five (5) consecutive days, and due proof of such publication is on file in my
office.
IN \HTNESS WHEREOF I hereunto set my hand and affix the corporate seal of my hand
and affix the corporate seal of my office this 6th day of July, 1972.
t:. ,f' %~
/-p-7.A:/ /. .-. '"
ERNAV. HARDING.
Clerk of the City Commission
I
I
COMMISSION RESOLUTION NO. 1516
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