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HomeMy WebLinkAboutResolution 1406 Creates SID No. 494 54 COMMISSION RESOLUTION NO. 1406 A RESOLUTION 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 DISTRICT NO. 494 FOR THE PURPOSE OF ~~,'" "", CONSTRUCTING AND INSTALLING AN ASPHALTIC-CONCRETE PAVEMENT, INTREGAL '"^V CONCRETE CURBS AND GUTTERS AND NECESSARY APPURTENANCES THERETO, ALSO ), 7." ' CONSTRUCTION AND INSTALLATION OF NECESSARY DRAINAGE INLETS AND OTHER L ;:/ .' .......,... /. APPURTENANCES THERETO TO THE STORM DRAINAGE SYSTEM ON THAT PORTION OF I ."_ ," {I,I SOUTH BOZEMAN AVENUE AND EAST CLEVELAND STREET LYING BE'IWEEN GARFIELD ,,' ,,'" e" STREET AND A POINT EIGHTY (80) FEET WESTERLY OF ROUSE AVENUE AND ON SOUTH MONTANA AVENUE BE'IWEEN EAST CLEVELAND STREET AND A POINT LYING 439.25 FEET SOUTHERLY THEREOF. 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 South Bozeman Avenue and East Cleveland Street lying between Garfield Street and a point eighty feet westerly of Rouse Avenue and on South Montana Avenue between East Cleveland Street and a point lying 439.25 feet southerly thereof, asking that a special improvement district be created for the purpose of con- structing and installing an asphaltic-concrete pavement project to include intregal concrete curbs and gutters, storm drainage, and other work incidental thereto; and WHEREAS, at a regular meeting of theCity Commission of the City of Bozeman held on the 11th day of June, 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 I improvement district to be known and designated as Special Improvement District No. 494 for the purpose of constructing and installing an asphaltic-concrete pavement project on that portion of South Bozeman Avenue and East Cleveland Street lying between Garfield Street and a point 80 feet westerly of Rouse Avenue and on South Montana Avenue between East Cleveland Street and a point lying 439.25 feet southerly thereof. Said pavement project to include construction and installa- tion of intregal concrete curbs and gutters, storm drainage, and other work incidental thereto. Section 2 Boundaries. That the boundaries of said Special Improvement District No. 494 are described as follows: Beginning at the southwest corner of Lot five (5) of Block five (5), University Sub- division of City of Bozeman, Montana, said point being the true point of beginning, thence northerly along the west line of said subdivision a distance of 400 feet to the northwest corner of Lot nine (9) of said subdivision; thence westerly along the southerly line of said subdivision, also being the southerly line of Lot ten (10), block 5 (5) of said subdivision, a distance of 63.25 feet to the southwest corner of lot ten (10), Block five (5) of said subdivision; thence northeasterly along the westerly line of said Lot ten (10) a distance of 116.56 feet; thence southeasterly along the lot line of said lot ten (10) a distance of 25 feet; thence northeasterly along the northwesterly lot lines of a portion of Lot ten (10). and a portion of Lot eleven (11) of said Block five (5), a distance of 123.56 feet to the point of curva- ture of a curve to the right; thence northeasterly along the northwesterly lines of a portion of Lot eleven (11), twelve (12) and a portion of Lot thirteen (13), Block I five (5) on an arc distance of 235.47 feet; thence easterly along the northerly line of a portion of Lot thirteen (13), fourteen (14), fifteen (15) and sixteen (16) of said block five (5), a distance of 269.75 feet to the northeast corner of said Lot sixteen (16); thence southerly along the easterly line of Lot sixteen (16) of Block five (5) a distance of 109.85 feet to the southeast corner of Lot sixteen (16), Block five (5) of said subdivision; thence southerly across East Cleveland Street a distance of 63.25 feet more or less, to the northeast corner of Lot one (1) Block three (3) of University Subdivision Number Two; thence southerly along the easterly line of Lots one (1) thru Eleven (11) of Block three (3) of said subdivision a distance of 438.87 feet to the southeast corner of Lot eleven (11) of said Block; thence westerly along the southerly line of Lot eleven (11) of said Block, a dis- tance of 100 feet to the southwest corner of Lot eleven (11) of said Block; thence westerly across South Montana Avenue a distance of 60 feet to the southeast corner COMMISSION RESOLUTION NO. 1406 . ,- 55 of Lot twelve (12) Block One (1) of said subdivision; thence westerly along the southerly line of Lot twelve (12) of said Block a distance of 100 feet to the southwest corner of Lot twelve (12) of said Block, said corner being common to lots eleven, twelve, thirteen and fourteen (11, 12, 13 and 14) of Block One (1) of said subdivision; thence southerly along the line common to lots thirteen (13) and fourteen (14) of said Block to the southeast corner of Lot thirteen (13) of said Block, a distance of eighty feet; thence westerly along the south- erly lot line of lot thirteen (13) of said Block to the southwest corner of Lot I thirteen (13) of said Block a distance of 100 feet; thence continuing westerly across South Bozeman Avenue, a distance of sixty feet to the southeast corner of Lot five (5) Block five (5) of University Subdivision; thence continuing westerly a distance of 99.20 feet to the southwest corner of Lot five (5) Block five (5) of said subdivision, said point also being the true point of beginning. Containing within the above described exterior boundaries the following lots and Blocks to-wit: Lots 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 an~116 of Block 5, University Sub- division. Lots 1, 2, 3, 4, 5, 6, 7,8,9, 10JtZ and 13 of Block 1, University Subdivision Number TWo. Lots 1, 3, 5, 7, 9, and 11 of Block Three, University Subdivision Number Two. Section 3 Character of Improvements Construction of an asphaltic-concrete pavement project with intr~gal concrete curbs and gutters including excavation and backfill and necessary appurtenances thereto; construction and reconstruction of drainage inlets and other appurtenances to present storm drainage system. Section 4 Estimate of Cost The preliminary estimate of the cost of the improvements in this district including materials, construction, engineering, legal, administrative and contingency costs is $53,000.00. I Sec tion 5 Method of Assessment The cost of such improvement 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 twenty-five (25) feet of the line of the street on which the improvement 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 actual square feet of assessable area within the district is 308,562.60 square feet which is the area on which all protests will be received, considered and determined. Sec tion 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 o~er who desires to do so. It is proposed I 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. 494, 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. 494 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, when- ever funds are available for that purpose in said Special Improvement District No. 494. Said bonds COMMISSION RESOLUTION NO. 1406 56 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 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 I 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 2nd 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 Comm- ission will hear and pass upon all protests duly and regularly made and filed against the creation of said proposed Special Improvement District No. 494, the improvements proposed to be made pur- suant thereto and the extent and character thereof, or either 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 a regular and stated session of said Commission held on the 11th day of June, 1969. ATTEST: ~~ I Clerk of NOTICE IN RE COMMISSION RESOLUTION NO. 1406 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 IMPROVEMENT DISTRICT NO. 494." NOTICE IS HEREBY GIVEN that on the 11th day of June, 1969, at a regular session of the Commission of the City of Bozeman, Commission Resolution No. 1406 entitled: A RESOLUTION OF THE CITY OF BOZEMAN DECLARING IT TO BE THE INTENT- OF THE CITY OF BOZEMAN, MONTANA, TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 494 FOR THE PURPOSE OF CONSTRUOTING AND INSTALLING AN ASPHALTIC-CONCRETE PAVEMENT, INTREGAL CONCRETE CURBS AND GUTTERS AND NECESSARY APPURT- ENANCES THERETO, ALSO CONSTRUCTION AND INSTALLATION OF NECESSARY DRAINAGE INLETS AND OTHER APPURTENANCES THERETO TO THE STORM DRAINAGE SYSTEM ON THAT PORTION OF SOUTH BOZEMAN AVENUE AND EAST CLEVELAND STREET LYING BE1~,mEN GARFIELD STREET AND A POINT EIGHTY (80) FEET WESTERLY OF ROUSE AVENUE AND ON SOUTH MONTANA AVENUE BETWEEN EAST CLEVELAND STREET AND A POINT LYING 439.25 FEET SOUTHERLY THEREOF. was passed and adopted. That Wednesday, the 2nd 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. 1406 as the time when and the I 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 theCity 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 COMMISSION RESOLUTION no. 1406 _., _u. 57 course, asphaltic-concrete base and surface courses, concrete intregal type curbs and gutters, concrete curbs, medians, and necessary incidentals necessary to a satisfactory paving project, also construction and installation of necessary drainage inlets and other appurtenances thereto to the storm drainage system on that portion of South Bozeman Avenue and East Cleveland Street I lying between Garfield Street and a point eighty (80) feet westerly of Rouse Avenue and on South Montana Avenue between East Cleveland Street and a point lying 439.25 feet southerly thereof. The estimated cost of said improvements is $53,000.00 including materials, construction, en- gineering, legal, administrative and contingency costs. For a description of the boundaries of said Special Improvement District 494, reference is hereby made to Resolution No. 1406 of the Commission of the City of Bozeman declaring the intent- ion 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, 1947. Dated this 11th day of June, 1969. First published in the Bozeman Daily Chronicle 16 June 1969. I 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 the foregoing Notice in Re, Commission Resolution No. 1406, was published at length in the Bozeman Daily Chronicle, a newspaper of gegeral circulation printed and published in said City of Bozeman in the issue of the 16th thru the 20th of June, 1969, and due proof of such publi- cation 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 June 1969. I COMMISSION RESOLUTION NO. 1406