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HomeMy WebLinkAboutResolution 1514 Special Improvement District 510 306 COMMISSION RESOLUTION NO. 1514 rf'OI'J/J IU''' , ' .-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 .--a. '~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 I 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 ..- ..--.- ...- .307 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 -- -. . --- 308 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. - 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 .-- --- - .-----. \ 309 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 - ---. ..- --.... -...- 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. ~ //~ <:rzc--- . . 7 ERNA V. HARDING" I Clerk of the City Commission COMMISSION RESOLUTION NO. 1514 n._..._....