HomeMy WebLinkAboutResolution 1514 Special Improvement District 510
306
COMMISSION RESOLUTION
NO. 1514
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.-6 (Jb~.,.o A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
c;:-'",JA--Y) . ~.,..."-'" DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, MONTANA, TO
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'~A\)'\\ , "",- CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IM-
-. PROVEMENT DISTRICT NUMBER 510 FOR THE PURPOSE OF CONSTRUCTION AND
INSTALLING AN ASPHALTIC CONCRETE PAVEMENT, INTEGRAL
CONCRETE CURB AND
GlITTERS AND NECESSARY APPURTENANCES THERETO, ALSO CONSTRUCTION AND
INSTALLATION OF NECESSARY DRAINAGE PIPE, INLETS, MANHOLES AND OTHER
APPURTENANCES TO THE STORM DRAINAGE SYSTEM ON MASON STREET BETWEEN
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SOUTH WILLSON AVENUE AND SOUTH ROUSE AVENUE, HEREFORD STIU:ET BETWEEN
SOUTH TRACY AVENUE AND SOUTH ROUSE AVENUE THAT PORTION OF SOUTH
TRACY AVENUE, THAT PORTION OF ROUSE AVENUE, THAT PORTION OF LINCOLN
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.
2
AND THAT PORTION OF SOUTH TRACY AVENUE LYING IN THE 1962 REARRANGEMENT
OF BLOCK 2 UNIVERSITY ADDITION.
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 situated in Thompson's #4, University Sub-
division #2, and 1902 Rearrangement of Block 2, University Subdivision, asking that a special improve-
ment district be created for the purpose of constructing and installation of 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 Sth day
of March 1972, 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 tne intention of the City of Bozeman to create a special im-
I
provement district to be known and designated as Special Improvement District No. 510 for the
purpose
of constructing and installing an asphalt concrete type pavement project on Mason Street between Soutn
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
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 Sub-
division No. 2 and that portion of South Tracy Avenue lying in the 1962 Rearrangement of Block 2
University Addition. Said pavement project to include eonstruction and installation of integral
concrete ourbs and gutters and necessary appurtenances thereto, together with necessary storm drainage
facilities appurtenant to such paving.
Section 2
Boundaries
That the boundaries of said Special Improvement District No. 51.0 are described as follows:
Description
A tract of land in Section 18, TownShip 2 South. Range bEast, M.P.M., situated in tne I
City of Bozeman, County of Gallatin. State of Montana, more particularly described as
follows:
Beginning at a point. said point being a two incn iron pipe monument regarded as tne
cBnter of Section IS' thence along the north south centerline of said Section IS South
o 25' 40" East a distance of 22S7.32 feet to a point on the northerly line of Kagy
Boulevard, which is a circular curve to tne right with a radius of 750.51 feet; thence
along tne arc of said circular curve tnrough a contral angle of 550 49' a distance of
730.~S feet to the point of tangency of that curve; thence North 170 35' West a distance
of 100.23 feet to the beginning of a circular curve to the left with a tadius o~ 566.lij
feet; thence along the arc of said circular curve through a central angle of 73 14:' a
COMMISSION RESOLlITION NO. 1514
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distance of /23.bo feet to the point of tangency of that curve; theuce continuing
along the nortoerly line of aforesaid Kagy Boulevard South d90ll' West a distance
of ~b5.b4 feet to tne beginning of a circular curve to toe rignt witn a radius of
125.00 feet; tnence along the arc of said circular curve througn a central angle
of l~o 23' a distance of 42.b4 feet to a point; thence North 300 16' East a distance
of 356.64 feet to the southeast corner of lot 2 of Block 6, Thompson Addition No.4;
thence continuing North 300 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
I of 230.53 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, Thompsons Addition No.2; thence North 270 II' 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 southeast 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 the
easterly 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 northeast 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 feet 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 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
southerly along the north south centerline of said Block 2 of said 1962 rearrangement
a distance of 360.56 feet to the southeast corner of lot 11, said point being on
the north line of Thompson Addition No.4; thence along said north line South
890 26' East a distance of 695.97 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
I 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 long 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
,
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 Subdivision; thence northerly along the west line
of said lot 17 8 distance of 109.85 feet to the northwest corner of said lot 17;
thence North 89 21' East a distance of 240 feet to a point on the east line of
the NW~ of Section 18, Township 2 South, Range 6 East, said point being the north~
east corner of lot 1 of Block 6 of University Subdivision; thence South 00 27' 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 of said Section 18, the point of beginning.
Contained within the above described exterior boundaries are the following lots,
blocks and tracts of land towit:
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 Thompson Addition No.2; south portion
of lots 2 and 3 and all of lot 5 in Block I, and lots 1 thru 11 inclusive and lot
22 of Block 2, all in the 1962 Rearrangement of Block 2 of the University Sub~
sivision; 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 inclusive of Block 6, all in University Subdivision no. 2; lot 17, Block 5,
and lots land 2 of Block 6, all in University Subdivision. Areas to be excluded
from assessment are all streets, avenues, parks, and all other public places.
I 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 inclusive of Block 4, lots
3 thru 9 inclusive of Block 5, lots 1 thru 14 inclusive of Block 6, and lot 4 of
Block 7, all in University Subdivision No.2.
Section 3
I Character of Improvements
Construction of 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
COMMISSION RESOLUTION NO.
1514
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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 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. 2 and that portion of South Tracy Avenue lying in the 1962 Rearrangement of Block 2,
University
I
Addition, said pavement project to 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 $608,839.96 as shown by schedule 1 on file in the City Engineer's
office, and $100,160.04 as shown by schedule 2 on file in the City Engineeris office,
or a total cost
of $709.000.00, including all construction costs, material costs,
engineering, legal and contingencies.
Section
5
Method of Assessment
The cost of such improvement as shown in schedule 1 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, 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
I
district of 3,002,087.68 square feet which is the area on which all protests will be received,
considered and determined.
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The entire costs of improvements covered by Schedule 2 shall be borne by the entire district
with the exception of Lots 2, 4, 6, 8,
10, 12 and 14 of Block 3, Lots 13 thru 24 inclusive of
Block 4, Lots 3 thru 9 inclusive of Block 5, Lots 1 thru 14 of Block 6,
and Lot 4 of Block 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 public places.
The total assessable area under schedule 2 is 2,170,051.05 square feet.
Section
6
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 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.
510 as authorized by law. I
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. 510 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 that
purpose in said Special Improvement District No. 510.
Said Bonds will draw a simple interest from the
COMMISSION RESOLUTION NO.
1514
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date of their registration until called for payment, ata rate not to exceed seven percent (7%) per
annum, which interest shall be chargeable 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
I 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 7
Protests and Notice
That the regular session of the City Commission of the City of Bozeman to be held at the Com-
mission Chamber, City Hall Building, Bozeman, Montana, on Wednesday, the 14th day of June,
1972, at
the hour of one fifteen 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. 510, 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 resoluuion of intention.
ADOPTED BY THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, at a regular and
stated session of said Commission held on the 24th day of May, 1972.
I
Mayor
ATTEST:
William E. Grabow
/L
Clerk of the City
Erna V. Harding
NOTICE IN RE
COMMISSION RESOLUTION NO. 1514 OF THE CITY OF BOZEMAN DECLARING
THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IM-
PROVEMENT DISTRICT TO BE KNOWN AND DESIGNATED AS "SPECIAL
IMPROVEMENT DISTRICT NO. 510"
NOTICE IS HEREBY GIVEN that on the 24th day of May, 1972, at a regular session
of
tne Commission of the City of Bozeman, Commission Resolution No. 1514 entitled:
A RESOLUTION OF THE C[TY 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 IMPROVE-
MENT DISTRICT NO. 510 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLING
AN ASPHALTIC CONCRETE PAVEMENT, INTEGRAL CONCRETE CURB AND GUTTERS AND
NECESSARY APPURTENANCES THERETO, ALSO CONSTRUCTION AND INSTALLATION OF
NECESSARY DRAINAGE PIPE, INLETS, MANHOLES AND OTHER APPURTENANCES TO
THE STORM DRAINAGE SYSTEM ON MASON STREET BETWEEN SOUTH WILLSON AVENUE
I 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 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. 2 AND THAT PORTION OF SOUTH TRACY
AVENUE LYING IN THE 1962 REARRANGEMENT OF BLOCK 2 UNIVERSITY ADDITION.
was passed and adopted.
That Wednesday, the 14th day of June, 1972, at one-fifteen o'clock p.m. at the Commission Room
of tne City Hall, Bozeman, Montana, is designated by Resolution No. 1514 as the time wnen and the
place where the Commission of the City of Bozeman will hear and pass upon all protests that may
be made COMMISSIUN KESOLUTION NO. 1514
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310
De made against tne making of such improvements, or the creation of said district. Protests
must be
made in writing and delivered to tne Clerk of the City Commission witnin fifteen '(15) days after date
of the first pUblication of this notice.
The general character ot the improvements proposed to be made is tne construction of a pavement
project witn integral concrete curbs and gutters, together with necessary storm drainage facilities
I
appurtenant to such paving on Mason Street between South Willson Avenue and South Rouse Avenue,
Hereford Street between South Tracy Avenue and South Rouse Avenue that portion of Soutn Tracy Avenue,
that portion of Rouse Avenue, that portion of Linc~~n 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. 2 and that portion of South Tracy Avenue
lying in the 1962 rearrangement of Block 2 University Addition.
The estimated cost of said improvements within the district, including engineering, legal
and
contingency, to be assessed against said district is the sum of $709,000.00.
For a description of the boundaries of said Special Improvement District no. 510 reference
is
hereby made to Resolution No. 1514 of the Commission of the City of Bozeman declaring the intention
tocreate 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 24th day of May, 1972.
I
(First published in the Bozeman Daily Chronicle the 30th day of May, 1972. )
State of Montana )
County of Gallatin) ss
City of Bozeman )
I, Erna V. Harding, Clerk of the Commission of the City of Bozeman do hereby certify, that
the
foregoing Notice in Re 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 30th day of May,
1972 ,
and due proof of such publication is on file in my office. Published for five (5) consecutive days.
IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my hand and affix the
corporate seal of my office this 5th day of June, 1972.
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<:rzc--- . . 7
ERNA V. HARDING"
I
Clerk of the City Commission
COMMISSION RESOLUTION
NO. 1514
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