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HomeMy WebLinkAboutResolution 1450 Creation of Special Improvement District No. 499 160 COMMISSION RESOLUTION NO. 1450 -' ~ , . \\ \ ~~; A RESOLUTION OF TIlE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, /~,,(,\~,~~;, TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL . . /' // ,,: ~ . /1.tj/ IMPROVEMENT DISTRICT NO. 499 FOR THE PURPOSE OF CONSTRUCTING AND 1..9!.~'/ INSTALLING AN ASPHALTIC CONCRETE TYPE pAVEMENT TOGETI1ER WITH IN- t - () II:. TREGAL CONCRETE CURBS AND GUTTERS AND NECESSARY APPURTENANCES "" ., .... t " THERETO ON THAT PORTION OF NORTII SEVENTEENTH AVENUE FROM \vEST . " .' ,......." BEALL TO DURS TON ROAD, TO INCLUDE WEST BEALL STREET FROM EXISTING I ..' PAVEMENT ON WEST BEALL, WEST OF NORTH SIXTEENTH AVENUE TO EXISTING PAVEMENT BETWEEN NORTH SEVENTEENTH AND NORTH EIGHTEENTH AVENUES. 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 on that portion of North Seventeenth Avenue from West Beall to Durston Road, as shown in the above caption, asking that a special improvement district be created for the purpose of constructing and installing an asphaltic concrete pavement project to include intregal concrete curbs and gutters and other work in~idental thereto; and WHEREAS, at a regular meeting of the City Commission of the City of Bozeman held on the 6th day of January, 1971, the aforesaid petition was respectively considered and granted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISS ION OF THE CITY OF BOZEMAN: Section I Declaration of lntention 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. 499 for the purpose of constructing and installing an asphaltic-concrete pavement project on that portion of North Seventeenth Avenue from West Beall to Durston Road, to include West Beall Street from exist- ing pavement on West Beall, West of North Sixteenth Avenue to existing pavement between North Seventeenth and North Eighteenth Avenue. Said pavement project to include construction and in- stallation of intregal concrete curbs and gutters and other work incidental thereto. I Section 2 Boundaries Tha t the boundaries of said Special Improvement Dis tric t No. l+99 are described as follows: Beginning at the southeast corner of lot 32, Block C of Graf's Third Rearrangement of Block 6 of Kirk's Second Subdivision to the City of Bozeman, Montana, said point being the true point of beginning; thence South 0025'38" West a distance of sixty (60) feet to a point on southerly property line of West Beall Street; thence South 89016'07" West a distance of ten and one hund red ths (10.01) feet to a point on the southerly property line of West Beall Street; thence South 0025'38" tvcst a distance of one hundred twenty-five (125) feet to a point within Block 3, Kirk Second subdivision; thence South 89016'07" West a distance of three hundred and five hund red ths (300.05) feet to a point within Block 2 of Kirk Second Subdivision thence North 0025'38" East a distance of one hundred t\ven ty five (125) feet to a point on the southerly property line of West Beall Street; thence North 0025'38" East a distanceof sixty (60) fee t to the southwest corner of Lot 18, Block B of Graf's Rearrangement of Block 6 of Kirk Second Subdivision, thence North 0025'38" East a distance of twelve hundred forty-one and seventy-two hundred- ths (1241.72) feet to the northwest corner of Lot 33, Block B of said subdivision; thence North 0025'38" East a distance of thirty (10) feet to a point on the centerline of Durston Road; thence North 89053'38" East a distance of three hundred ten and two hundredths (310.02) feet to a point on the centerline of Durs ton Road; thence South 0025'38" west a distance of thi- rty (30) feet to the northeast corner of lot 17, Block C of said subdivision; thence South 0025'38" East a distance of t\vel ve hundred thirty eight and thirty two hundredths (1238.32) I feet to the southeast corner of lot 32, Block C of said sub- division, said point is the true point of beginning. Containing within the following descri.hed exterior boundaries the following lots, blocks, or tracts of land, to-wit: Lots 13 thru 33 inclusive, Block B. Lot 17 thru 32 inclusive, Block C, all of ~vhich are in Graf's Third Rearrangement of Block 6 of Kirk's 2nd Subdivision, Portion of Block 2 of Kirk's 2nd subd i vis ion. Portion of Block 3 of Kirk's 2nd Sub- division. COMMISS ION RESOLUTION NO. lk50 161 Section 3 Character of Improvements Construction of a pavement project with intregal concrete curbs and gutters, and necessary appurtenances to said construction on that portion of North Seventeenth Avenue from Hest BeaU to i Durs ton Road, to include West Beall Street from existing pavement On West Beall, West of North Sixteenth Avenue to existing pavement between north Seventeenth and north Eighteenth Avenues, said I pavement project to include construction of an asphaltic-concrete type surface course, all necess- ary excavation, gravel backfill and other appurtenant work thereto. Sec tion !+ Estimate of Cost The preliminary estimate of co~t is $83,000.00, including all street excavation, all materials, installation costs and engineering and incidentals. Section 5 Method of Assessment The cost of such improvement is to be assessed against the entire district, each lot or parcel of land within said 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 Hhich the improvement herein provided for are made, shall bear double the amount of the costs of such improvements per square food of such land that each square foot of any other land within the district shall bear. The total actual square feet of assessable area within the district is 422,077.21 which is on 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- tenning over a period of nineteen (19) years, but this shall not be construed to prevent payment I in full at any regular payment date by any property owner who desire 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. 499 as authorized by I m'l . 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 n to be known ad designated as Special Improvement District No. 499 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. 499. 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 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 Comm- ission Chamber, City Hall Building, Bozeman, Montana, on Wednesday, the 27th day of January 1971, at the hour of one o'clock p.m. of said day, is the time and place when and whre the City Commiss- ion \01111 hear and pass upon all protests duly and regularly made and filed against the creation of said proposed Special Improvement District No. 499, the improvements proposed to be made pursuant I thereto and the extent and character thereof, or either thereof, and the Clerk of the City Commiss- ionbe, 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, of said Commission held on the 6th day of January, 1971. ATTEST: Commission COMMISSION RESOLUTION NO. 1l~50 ~ (!!. c\ JLO~ NOTICE IN RE COMMISSION RESOLUTION NO. 1450 OF THE CITY OF BOZEMAN DECLARING THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVE- MENT DISTRICT TO BE KNOWN AND DESIGNATED AS "SPECIAL IHPROVEHENT DISTRICT NO. 1-1-99." NOTICE IS HEREBY GIVEN that on the 6th day of January, 1971, at a regular session of the Commission of the City of Bozeman. Commission Resolution No. 11.50 entitled: A RESOLUTION OF THE CITY CO}MISSION OF TIlE CITY OF BOZEMAN, MONT- I ANA, TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOHN AS SPECIAL IMPROVEMENT DISTRICT No. lj99 FOR THE PURPOSE OF CONSTRU- CTING AND INSTALLING AN ASPHALTIC-CONCRETE TYPE PAVEMENT TOGETHER HITH INTREGAL CONCRETE CURBS AND GUTTERS AND NECESSARY APPURTENANCES THERETO ON THAT PORTION OF NORTH SEVENTEENTH AVENUE FROM WEST BEALL TO DURSTON ROAD, TO INCLUDE '~EST BEALL STREET FROM EXISTING PAVEMENT ON WEST BEALL, WEST OF NORTH SIXTEENTH AVENUE TO EXISTING PAVEMENT BETWEEN NORTH SEVENTEENTIl AND NORTIl EIGHTEENTH AVENUES. was passed and adopted. Tha t Wednesday, the 27th day of January, 1971, at one o'clock p.m. at the Commission Room of the City Hall. Bozeman, l1ontana, is designated by Resolution No. 1450 as the time and place when and ,qhere the Commission of the City of Bozeman will hear and pass upon all protests that may he 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 puhlication 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 Butters. and necessary appurtenances to said con- strucUon on that portion of North Seventeenth Avenue from Hest Beall to Durston Road, to include West Beall Street from existing pavement on West Beall, Hest of North Sixteenth Avenue to existing pavement hettveen North Seventeenth and North Eighteenth Avenues, said pavement project to include construction of an asphaltic-concrete type surface course, all necessary excavation. gravel back- fill and other appurtenant work thereto. The estimated cost of said improvements within the district including engineering, legal and contingency is $83,000.00. I For a description of the houndaries of said Special Improvement District No. 499 reference is hereby made to Resolution No. 1450 of the Commission of the City of Bozeman declaring the intention to create said district, ,qhich 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 inter- ested parties and the public generally. This notice is given pursuant to the provisions of Section 11-220/f, Revised Codes of Montana. 19/.7 . Dated this 6th day of January, 1971. ~ -+ Clerk First published in the Bozeman Daily Chronicle the 12th day of January 1971. State of Montana ) County of Gallatin : City of Bozeman ) I, Erna V. Harding, Clerk of the Commission of the City of Bozeman do hereby cert:l.fy, that the foregoing Resolution No. VI-50 was published by Commission Resolution Notice in Re in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City for five days. beginning with the issue of the 12th day of January, 1971, and due proof of such publication I is on file 1n my office. IN HITNESS HHEREOF I hereun to se t my hand and affix the corporate seal of wy hand and affix the corporate seal of my office this 19th day of January 1971. ) //;1: k I ?/uP .~~ Clerk of the City Com ~Is'on COMMISSION RESOLUTION NO. Vl50