Loading...
HomeMy WebLinkAboutResolution 1476 Creation of Special Improvement District No. 504 (~"12 ., , ;:., COMMISSION RESOLUTION NO. 1476 -- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN DECLARING IT TO IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, MONTANA) TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DIS- TRICT NO. 504 FOR THE PURPOSE OF CONSTRUCTING AND INSTALLATION OF AN ASPHALT-CONCRETE TYPE PAVEMENT) TOGETHER WITH INTREGAL CONCRETE CURBS AND GUTTERS AND NECESSARY APPURTENANCES THERETO, TOGETHER WITH NEC- ESSARY STORM DRAINAGE FACILITIES APPURTENANT TO SUCH PAVING ON THAT PORTION OF WEST ASPEN STREET AND WEST TAMARACK STREET LYING BETWEEN I NORTH FIFTH AVENUE AND NORTH SEVENTH AVENUE. WHEREAS. there has been filed with the Clerk of the City Commission of-the City of Bozeman, Montana, a ptition in due form of certain owners of properties situated on West Aspen Street and West Tamarack Street lying between North Fifth Avenue and North Seventh Avenue, asking that a spec- ial improvement district be created for the purpose of constructing and installation of an asphalt concrete type pavement. together with intregal concrete curbs and gutters and necessary appurtenances there to. together with necessary storm drainage facilities appurtenant to such paving; and WHEREAS, at a regular meeting of the City Commission of the City of Bozeman held on the 14th day of July 1971, 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 the intention of the City of Bozeman to create a special im- provement district to be known and designated as Special Improvement District No. 504 for the pur- pose of constructing and installing an asphalt concrete type pavement project on West Aspen Street and West Tamarack Street lying between North Fifth Avenue and North Seventh Avenue. Said pavement project to include construction and installation of intregal concrete curbs and gutters and necessary appurtenances thereto, together with necessary storm drainage facilities appurtenant to such paving. Section 2 Boundaries I That the boundaries of said Special Improvement District No. 504 are described as follows: ......"0 Beginning at the southwest corner of Lot Two (2) of Block One (1), u c:: .I:: <II (U cOW Q) North Seventh Addition to Bozeman, Montana; thence easterly along ...-, '+< '~ ...... u o Q) 00 U ~ the southerly lot line of said Lot Two (2) to the southeast corner 1-1.0 ZQ)4-4~ P- (U c:: ...-, ~ <II of said Lot; thence southerly along the easterly line of lot three COCO:;:J,.r:: ...... .,-1 .,-1 Q) 1-1 CD ...... (3) a distance of forty (40) feet; thence easterly along the south- c~,wQ )c:t. 0 Q) 1-1 I-i ~ <II erly alley line of the east-west alley line of said Block One (1) 8"00............ 0."0 <II p-wc>,c:: and said line e&tended to the centerline of North Fifth (5th) Avenue; :>E ,.cQ)......CII ro CII E thence northerly along the centerline of said North Fifth Avenue c:t.o t>l)Q)Q),..4 ...... c: C :> ...... ,..4 a distance of 740 feet; thence westerly amd along the southerly lot (UCDO.,-IroQ)',-I >,P-I-I4-4 lines of Lots 11 through 15 inclusive of Block Three (3), North 4-4"0 C::,..4 U,.:,:: oco "Oc::u Seventh Addition and said line extended to a point on the easterly ro .,-1 ...... ..... 0 CII c:: ,wOJ(UU.o line of Lot Three (3) of said Block Three (3); thence southerly o CD () OJ I/) , ..... I-i :;:J I-i U,..4 along said southerly line a distance of 40 feet to the northeast ...... OJ I-i...... ...,-1 Q) u............C/JQ),w:> corner of Lot Four (4) of said Block Three (3); thence westerly :;:J ......!II :;:J ,..4 (0 I-I:;:J c::~ c:: CII 1-1 along the northerly line of said Lot Four (4) to the northwes t ......beOUQ).cbe CD U 11:1 :> 0. corner of said Lot 4: thence southerly along the easterly line of c:: "0 1-1 < CD .. oc't:JCII eac:: North Seventh Avenue to the northwest corner of Lot Three (3) of uro,.-IS.t:: 0 ro (U ...... c:: .,-1 Block Two (2), North Seventh Addition; thence easterly along the COU2E-tCCII...... .0 <II ro northerly line of said Lot Three (3) t o the northeast corner of ul-lo,w:>4-4> CD:;:J,wU2Q)Oro . said lot; thence southerly along the easterly line of said Lot ...... u WtJj u 0 c:: CD ~ C x ...... Three (3) to the southeaat corner of said lot Three (3): thence Q)Q)Q) ..t::ow OJ 8 -I-J U't:l ...... 0,-1 1-1 westerly along the southerly line of said lot Three (3) to the Q)Q)CC1-1...... >,OJ >1-I~I1:IOUI-I.c southwest corner of said Lot Three (3): thence southerly along the o u c:: Z:;:J ~ ...... I-IC::Q),w 1-iU2 easterly line of North Seventh Avenue to the southwest corner of p-O......Q)"O......I/),.:,:: EUI-iWCCOOJ 1-1 Lot Two (2) of Block One (1) the true point of beginning. H ;::I 1-1 CII c: U 0 ,..4 P- oI.J o OJ ~ '+< ro P- C/J <II U c:: Containing within the above described exterior boundaries the follow- a be 11:I:;:J ...... Q) s::: s:: Q),..4 c:: ing lots, trac ts, parcels and blocks: 1-11-1 >,Q) Q)"O,..4 ro Q)......I-iC,:>:;:Jro c:: ......cro(l)<C;,..4 W Lots I, 2, 21, 22, 23) 24, and 25 of Block One (1) North U',-II/)<C; uSf...... ro Q') .cc 1-1 I Seventh Addition; lots I, 2, 4, 5, 6, 7, 8, 9,10, 11, 12, \-I .c Q) .I-J ...... ..... 1-1 ::I _ . .._..r _ __ ....__ . .~_.~__.._.__ _.. ~.m.__ 213 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, avenue, alleys and public places, and further, each square foot of land within the district lying within 25 feet of the I 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 entire coat of improvements covered by schedule 2 shall be borne by lots 4 through 10 inclusive of Block 3 and the area of the vacated alleys of said Block 3 located within the district boundaries. The total actual square feet of assessable area within the district is 316,160 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 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. 504, 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. 504 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. 504. Said bonds will draw a simple interest from the date of their registration until called for payment, at a rate not to exceed six percent (6%) per annum, which interest shall be chargeable as a part of the cost of I construction and installation of said improvements. The bonds will be issued and sold in accord- ance 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 7 Protests and Notice That the regular session of the City Commission of the City of Bozeman to be held at the Commission Chamber, City Hall Building, Bozeman, Montana, on Wednesday, the 4th day of August, 1971, 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. 504, 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 resolution of intention. ADOPTED BY THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, at said Commission held on the 14th day of July, 1971. ATTEST: I ~.u~~ rna V. Her ing, Clerk of the City Commission COMMISSION RESOLUTION NO. 1476 .------..-..-.-.-... '-_._~._.... -_._~. -~ -- ._...~..... --.. ---. -...... --..--,.--..-.... -.-- 2'14 NOTICE IN RE COMMISSION RESOLUTION NO 1476 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. 504. NOTICE IS HEREBY GIVEN that on the 14th day of July, 1971, at a regular session of the Comm- ission of the City of Bozeman, Commission Resolution No. 1476 entitled: I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, MONTANA, TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DIS- TRICT NO. 504 for the PURPOSE OF CONSTRUCTING AND INSTALLATION OF AN ASPHALT~CONCRETE TYPE PAVEMENT, TOGETHER WITH INTREGAL CONCRETE CURBS AND GUTTERS AND NECESSARY APPURTENANCES THERETO, TOGETHER WITH NECESSARY STORM DRAINAGE FACILITIES APPURTENANT TO SUCH PAVING ON TIlAT PORTION OF WEST ASPEN STREET AND WEST TAMARACK STREET LYING BETWEEN NORTH FIFTH AVENUE AND NORTH SEVENTH AVENUE. was passed and adopted. That Wednesday, the 4th day of August, 1971, at one~fifteen o'clock p.m. at the Commission Room of the City Hall, Bozeman, Montana, is designated by Resolution No. 1476 as the time when and the 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 pave- ment project with intregal concrete curbs and gutters, together with necessary storm drainage fac- ilities appurtenant to such paving on that portion of West Aspen Street and West Tamarack Street lying between North Fifth Avenue and North Seventh Avenue. The preliminary estimate of cost is $59,806.66 as shown by Schedule 1 on file in the City Engineer's office, and $2,193.34 as shown by schedule 2 on file in the City Engineer's office, or a total cost of $62,000.00, including all construction costs, material costs, engineering, legal and contingencies. I For a description of the boundaries of said Special Improvement District No. 504 reference is hereby made to Resolution No. 1476 of the 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 said Commission in the City Hall of said City of Bozeman, &tate 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 14th day of July, 1971. t'/Af-c/ /~ Clerk of the' City mmission First published in the Bozeman Daily Chronicle 19 July, 1971. 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, Commission Resolution No. 1476 was published at length in the Bozeman Daily Chronicle, a newspaper of general circu- lation printed and published in said City in the issue of the 19-23 July, 1971, I 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 23rd day of July, 1971. ~~+ ERNA V.HA lNG, Clerk of the City Commission COMMISSION RESOLUTION NO. 1476 n____..