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HomeMy WebLinkAboutResolution 1408 Creates SID No. 495 61 COMMISSION RESOLUTION NO. 1408 ~". ,,~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ">"<~; ~~~ DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DIS- ~~ .,..;::- ~"'Io... TRICT NO. 495 FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING AN '. "~ ASPHALTIC-CONCRETE TYPE PAVEMENT TOGETHER WITH INTREGAL CONCRETE " CURBS AND GUTTERS AND NECESSARY APPURTENANCES THERETO; ALSO CONSTRU- CTION AND INSTALLATION OF A STORM DRAINAGE SYSTEM INCLUDING PIPE LINES, I MANHOLES, DRAINAGE INLETS AND NECESSARY APPURTENANCES TO THE STORM DRAINAGE SYSTEM ON THAT PORTION OF SOUTH BLACK AVENUE BETWEEN COLLEGE AVENUE AND THE SOUTH LINE OF THE CUL-DE-SAC SERVING BLOCK TWO OF THE SPRING DELL ADDITION, THE TWO CUL-DE-SACS IN BLOCK 1 AND THE CUL-DE- SAC IN BLOCK 2, HARRISON STREET BETWEEN SOUTH TRACY AVENUE AND SOUTH BLACK AVENUE, COLLEGE STREET BETWEEN SOUTH TRACY AVENUE AND THE EAST- ERLY LINE OF THE SPRING DELL ADDITION. WHE REAS , 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 South Black Avenue between College Avenue and the south line of the cul-de-sac serving block 2 of the Spring Dell Addition, the two cul-de-sacs in Block 1 and the cul-de-sac in Block 2, Harrison Street between South Tracy Avenue and South Black Avenue, College Street between South Tracy Avenue and the easterly line of the Spring Dell Addition, asking that a special improvement district be created for the purpose of constructing and installing an asphaltic-concrete type pavement together with intregal concrete curbs and gutters and also including construction and installation of a storm drainage system including pipe lines, manholes, drainage inlets and necessary appurtenances to the storm drainage system; and WhereaS, at a regular meeting of the City Commission of the City of Bozeman held on the 2nd I day of July, 1969, 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 improvement district to be known and designated as Special Improvement District No. 495 for the purpose of constructing and installing an asphaltic-concrete type pavement together with intregal concrete curbs and gutters and necessary appurtenances thereto; also construction and installation of a storm drainage system including pipe lines, manholes, drainage inlets and necessary appurtenances to the storm drainage system on that portion of South Black Avenue between College Avenue and the South line of the cul-de-sa serving Block 2 of the Spring Dell Addition, the two cul-de-sacs in Block 1 and the culde-sac in Block 2, Harrison Street between South Tracy Avenue and South Black Avenue, College Street between South Tracy Avenue and the easterly line of the Spring Dell Addition. Section 2 Boundaries. That the boundaries of said Special Improvement District No. 495 are described I as follows: Beginning at the center of the intersection of South Tracy Avenue and East College, City of Bozeman, Montana; thence northerly a distance of 57 feet parallel to and thirty feet distance from the westerly block line of Block G of Hoffman's Addition; thence easterly a distance of 30 feet to the northwest corner of Lot 18, Block G of Hoffman's Addition thence continuing easterly a distance of 354 feet to the northeast corner of Lot 17, Block G. of said addition; thence continuing easter- ly a distance of 60 feet across South Black to the Northwest corner of Lot II, Block D of said addition; thence continuing easterly a distance of 218 feet to the northeast corner of Lot 11, Block D of said addition; thence continuing easterly a distance of 48.10 feet to COMMISSION RESOLUTION NO. 1408 62 a point in Lot 2, Guy's Second Addition; thence southerly a dis- tance of 27 feet to the southerly property line of Lot 2 of said add i tion, said point being 48.10 feet easterly of the southeast corner of Lot 11, Block D, Hoffman's Addition; thence continuing southerly a distance of 60 feet across East College to the north- east corner of Lot 1 of Block 1, Spring Dell Addition; thence con- tinuing southerly a distance of 134.17 feet along the westerly railroad right-of-way line to the point of curvature of a curve to the right, said curve having a radius of 1407.70 feet; thence I southwesterly along the curve to the right. an arc distance of 750.20 feet to the point of curvature~ said line being the west- erly railroad right-of-way line; thence southwesterly along the westerly railroad right-of-way line a distance of 317.06 feet to the point of intersection with the southerly block line of Block 2, Spring Dell Addition, said point being the southeasterly cor- ner of Spring Dell Addition; thence northwesterly along the southerly block line of Block 2, a distance of 233.90 feet to the southwest corner of Lot 8. Block 2 of said addition. said corner being common to Lots 8 and 11, Block 2 of said addition; thence northerly a distance of 254.10 feet to the most westerly corner of Lot 7. Block 2 of said addition; thence northeasterly a dis- tance of 50.95 feet to the northeast corner of Lot 7. Block 2 of sa id add it ion. said corner being common to Lots 6 and 7. Block 2 of said addition; thence northerly a distance of 240 feet to the northwest corner of Lot 1. Block 2 of said addition; thence continuing northerly 7 feet from and parallel to the westerly lot lines of Lots 3 and 2, Block 2. Dudley's First Addition. a distance of 100 feet; thence westerly a distance of 13 feet to the southeast corner of Lot 7, Block 2 of said addition; thence continuing westerly a distance of 167 feet to the southwest cor- ner of Lot 7 of Block 2 of said addition; thence continuing west- erly a distance of 30 feet to the center line of South Tracy Avenue; thence northerly 30 feet distance from and parallel to the westerly lot line of Lot 7 of Block 2 of said addition and the westerly lot line of Lot 13. Block 1 of Butte Addition a distance of 135 feet; thence easterly a distance of 30 feet to the northwest corner of Lot 13, Block 1 of Butte Addition; thence continuing east a distance of 167 feet to the northeast corner of Lot 13. Block 1 of said addition; thence continuing easterly a distance of 10 feet to the centerline of the alley laying be- tween Block 1. Butte Addition and Block 1, Dudley's First Addition; I thence northerly 10 feet from and parallel to the easterly block line of Block 1. Butte Addition, a distance of 275 feet; thence westerly a distance of 10 feet to the southeast corner of Lot 1. Block 1 of Butte Addition; thence continuing westerly a distance of 167 feet to the southwest corner of Lot 1, Block 1 of said addition; thence continuing westerly a distance of 30 feet to the centerline of South Tracy Avenue. thence northerly 30 feet distance from and parallel to the westerly block line of Block 1 of said addition a distance of 60 feet to the center of inter- section of South Tracy Avenue and East College. said point also being the true point of beginning. Containing within the above described exterior boundaries the following lots and blocks to-wit: Lots 1 and 13. Block 1, Butte Addition. Lots 1. 2. 3, and 7. Block 2 and Lots 1 thru 5, Block 1, Dudley's First Addition. Lo t 17. 18, Block G and Lot 11, Block D of Hoffman's Addition. Portion of Lot 2. GuY's Second Addition. Lots I thru 20. Block 1 and Lots 1 thru 10. Block 2. Spring Dell Addition. Section 3 Character of Improvements Construction and installation of a storm drainage system on South Black Avenue and a portion of East College Street to intercept and dispose of run-off in the area east of South Tracy Avenue I and south of East College Street including excavation. backfill, installation of pipelines. man- holes. drainage inlets and necessary appurtenances thereto and paving of that portion of South Black Avenue between College Street and the south line of the cul-de-sac serving Block 2, Spring Dell Add i tion, the two cul-de-sacs serving Block I and the cul-de-sac serving Block 2 of said addition, that portion of Harrison Street between South Tracy Avenue and Black Avenue. that portion of East College Street lying between South Tracy Avenue and the easterly line of the Spring Dell Addition. COMMISSION RESOLUTION NO. 1408 ..---.. -...--- .....-- - _....u.. --.. 63 Section 4 Estimate of Cost The approximate estimate of the cost of the improvements in this district including materials, construction, engineering, legal and administration and contingency costs is $133,000.00 of which amount the storm drainage system is estimated to be $26,000.00 and the paving cost is estimated to I be $107,000.00. Section 5 Method of Assessment The cost of the improvement is to be assessed against the area which is 507,093.57 square feet, each lot or parcel of land to be assessed for that portion of the whole cost which its area bears to the area of the entire paving area exclusive of street, avenues. alleys and public places and further each square foot of land within the paving district area lying within twenty-five (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 improvement per square foot of such land that each square foot of any other land within the paving area shall bear. The total actual square feet of area within the district on which all protests will be received, considered and determined is 507,093.57. Section 6 payments. That the payments for said improvements shall be made in twenty (20) annual installments ex- I 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. 495, as authorized by law. Such bonds will be in denominations of $100.00 each. and factions 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. 495 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. 495. 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 con- struction 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 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 I 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 23rd day of July. 1969, at the hour of one o'clock p.m. of said day, is the time and place, when and where the City Commiss- ion will hear and pass upon all protests duly and regularly made and filed against the creation of said proposed Special Improvement District No. 495, the improvements proposed to be made pursuant thereto and the extent and character thereof. or either thereof. and the clerk of the City Commission COMMISSION RESOLUTION NO. 1408 64 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 a regular and stated session of said Commission held on the 2nd day of July, 1969. 7, Irfh ( I ' ,/)/U! Jlti~L(J Mayor (/ , ATTEST: ":J NOTICE IN RE COMMISSION RESOLUTION NO. 1408 OF THE CITY OF BOZEMAN DECLARING THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DIS- TRIcT TO BE KNOWN AND DESIGNATED AS "SPECIAL IMPROVEMENT DISTRICT NO. 495." NOTICE IS HEREBY GIVEN that on the 2nd day of July, 1969, at a regular session of the Commission of the City of Bozeman, Commission Resolution No. 1408 entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DIS- TRICT NO. 495 FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING AN ASPHALTIC-CONCRETE TYPE PAVEMENT TOGETHER WITH INTREGAL CONCRETE CURBS AND GUTTERS AND NECESSARY APPURTENANCES THERETO; ALSO CONSTRU- CTION AND INSTALLATION OF A STORM DRAINAGE SYSTEM INCLUDING PIPE LINES, MANHOLES, DRAINAGE INLETS AND NECESSARY APPURTENANCES TO THE STORM DRAINAGE SYSTEM ON THAT PORTION OF SOUTH BLACK AVENUE BE'lWEEN COLLEGE AVENUE AND THE SOUTH LINE OF THE CUL-DE-SAC SERVING BLOCK 'lW0 OF THE SPRING DELL ADDITION, THE 'lW0 CUL-DE-SACS IN BLOCK 1 AND I THE CUL-DE-SAC IN BLOCK 2, HARRISON STREET BE'lWEEN SOUTH TRACY AVE- NUE AND SOUTH BLACK AVENUE, COLLEGE STREET BETWEEN SOUTH TRACY AVE- NUE AND THE EASTERLY LINE OF THE SPRING DELL ADDITION. was passed and adopted. That Wednesday, the 23rd day of July, 1969, at one o'clock p.m., at the Commission Room of the City Hall, Bozeman, Montana, is designated by Resolution No. 1408 as the time when and the place where the Commission of the City of Bozeman will hear and pass upon all pro,tests 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 and install- ation of an asphaltic-concrete pavement, including excavation, gravel backfill, gravel cushion course, asphaltic-concrete base and surface courses, together with intregal concrete curbs and gutters and necessary appurtenances thereto; also construction and installation of a storm drain- age system including pipe lines, manholes, drainage inlets and necessary appurtenances to the storm drainage system on that portion of South Black Avenue between College Avenue and the South line of the cul-de-sac serving Block 2 of the Spring Dell Addition, the two cul-de-sacs in Block I and the cul-de-sac in Block 2, Harrison Street between South Tracy Avenue and South Black Avenue, College I Street between South Tracy Avenue and the easterly line of the Spring Dell addition. The estimated cost of said improvements is $133,000.00 of which amount the storm drainage system is estimated to be $26,000.00 and the paving cost is estimated to be $107,000.00, including materials, construction, engineering, legal, administrative and contingency costs. For a description of the boundaries of said Special Improvement District No. 495, reference is hereby made to Resolution No. 1408 of the Commission of the City of Bozeman declaring the intention COMMISSION RESOLUTION NO. 1408 "-..--..-- 65 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. I 1947. Dated this 2nd day of July. 1969 First published in the Bozeman Daily Chronicle Monday. 7 July 1969. Sta te of Montana. ) County of Gallatin : City of Bozeman ) I. Erna V. Harding. Clerk of the Commission of the City of Bozeman. do hereby certify the foregoing Notice in Re. Commission Resolution No. 1408 was published at length in the Bozeman Daily Chronicle. a newspaper of general circulation printed and published in said City of Bozeman in the issue of the 7th thru the 11th day of July, 1969. 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 16th day of July. 1969. I I COMMISSION RESOLUTION NO. 1408 ___.._.___n____.'..____n._____.______.,., _.______