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HomeMy WebLinkAboutResolution 1292 Creates SID No. 476 . ._.__.m__..__. 246 COMJvrrS;:;ION RESOLUTIUl\J NO. 1292 A n.H~301XiTION OF THE CO]vIiviIS :)1 ON O.b' TID~ CITY OF BQ7,EMAN, MONTANA, DECLAHING IT TO m; THE 11\JTEl\JTIUN OF Tr.lE SAID COMMISSION TO CHMT~, A SPl<~CIAL U1PHOVEi'1"ENT DISTRICT TO BE KNOWN AS SPti:CDlL IHPROVEiJiENT _LIGHTING DISTRICT NO. 476 FOR THE PURPOSE OF OPEJ1.ATING AND JViALNTAINING A STI{!i,J:;T LIGHTING SYbTEJvI TO LIGHT SOUTH TRAC'{ AVEHUE FROH ITS JUNCTION \rJITH KAGY BOUL.rNAIW '1'0 HILL STH1ET, HILL STHE~:l' BETI..JEEN SOUTH TTIIHD AVENUE AND HIGHLAilJD COURT, SOUTH TlilRD AVENUE FROIl THE SOUTJ-illHi,Y LINE OF THOHPSON I S ADDITION NO. 3 TO A ruINT Ol-'j-'OSIT:t TlI'!!' NOHTH- I WESTElil,Y CO}UIJER OF BLOCK 4 OF SAID THOHPSOI\J'S ADDITION NO.3, HIGHlAND COURT - FROM THE SOUTf:LSHLY BOUNDARY 111\]E OF SAID THOl'ilPSON I S ADDITION NO. 3 TO ITS JUNCTlOl-J IfII'T'H SPH1:>lG CIiliEK JJRJV.!!" SPRING CHElliK 001 Vb., }<'HOH ITS JUNCTION WITil SOUTH TRACY AVENUE TO THE 00UTH.!!,HLY BOUNDAItY LINE OF SAID T~ImJIP~()jp S ADDITION NO. J, SAID LIGHTING 0YSTEM TO BE INSTALLED AND PAID l'DR BY THE HOl\!TAlJA PUWER COt-lPANY, ALL UNHE:R THE A UTHORI IT OF AND IN COl\!FOHlVlITY WITH SECTIONS ll-224s TO 11-22.57 INCLUSIVE, OF THE REVISED CODES OF MONTANA 1947. ---------- 1\11!EHEA S , there has been filed with the Clerk of the Commission of the City of Bozeman, lJIontana, a petit5.on in due J'orm of certain property owners on South Tracy Avenue, Hill Street, South Third Avemle, Highland Court and Spring; Creek Drive asLi.nr; that a special improvement lighLl_nc district be created for the purpose of operating and maintaining a lighting system to light the hereinbefore streets, roads and avenues in the City of Bozeman, Gallatin County, Montana. WHEREAS, at a regular .meeting of the City Commission of the City of Bozeman held on the Jrd day of August, 1966, the aforesaid P0tition was respectively considered and granted; N()\',/, THEREFORE, BE IT HESOLVE;D BY 'l'l--iE CITY COhiHS::JION UF TH.b.; CITY OF BOZEhAN: SECTION 1 Declaration of Intention That it is hereby declared to be the intention of the City of Bozeman to create a special I jmprovement di.strict to be knOl:m and designated as Special Impr'ovement Lighting District No. L-J-'(6 of the City of Bo~eman for the purpose of operating and. maintaining a lighting sJTstem to light South Tracy Avenue from its ;junction with Kagy Boulevard to Hill Street, I1ill Street bet.ween South Third Avenue and Highland Court, South 'I'hiJ'd A venue from the southerly line of Thompson IS Addition No. 3 to a point oppos_ite the northwesterly corner of Block 4 of sa.id Thompson IS Addition No.3, Highland Court from the Southerly boundary line of said Thomp::;on's Addition No.3 to its junction with Sprinr; Creek Drive, Spring Creek Drive from :i.ts junction with South Tracy Avenue to the southerly boundary line of ::iaic1 Thompson's L\dditj.on No.3 to the City of Bozeman, Montana. SJi,GTION 2 Boundaries The boundar:Les of <,a.id ~-)pecial Improvf'JT1ent Lie:hting District are descril)ed as follows: Beginning at the southwest corner of Section It), Township 2 00uth, }~ange 6 East, h.P.H., being the southwesterly corner of Thompson's Additj.on No.3 to the City of Bozeman, Montana; thence South b9024' East along the southerly line of said addition a distance of 165 feet; thence North 00001' West parallel to and 120 feet easterly distant i'rom the easterly line of SOllth TlLLrd Avenue to a point w})j.ch lies 105 feet southerly of the southerly line of Hill ~treet; thence in an easterly direction parallel to and IUS feet southerly distant from the f;ontherly line of Hill Street to the southwesterly corner of Lot J of F310ck ;; of said Tbompson IS Addition No. j; thence alonctJle southerly lot lines I of Lots J and LI to the southeasterly corner of said Lo1. 4; thence southerly along the westerly lot lines of J~ots ~~, (J, '( and b to tne southwe[;torly corner of said Lot [j; thence easterly along tho soutilerly line of sa id Thompson IS Addi tion No. 3 to a point on said line 1)) fe.~t easterly of the ea,:;tcr'ly line of ~:'pring Creek Drive; thence northerly paral"Lel to and 1~~S feet easterly distant frorn the said eastcr-Iy line of Spring Crepk J)r~ve thru 1,0"1,::'; 1 tbru 1? inclu<3.l ve ofi:31ock 1 to a point oJ' inter<wction 1\1ith the northerly line of Lot 12 of said Block 1; thence westerly ('dong said line, across South Tr;-,cy- Avenue to the northeaf,terly corner of Lot 2 Block h of the Rearrangement of Thompson f s Addition No.3, being a point of' curvature of a 25 foot radius curve; COHl"ITSSION H.j~;;;,()LiJTICJN NO. 1292 .----.- ---.... ---....... -,,- 247 thence southeasterly c1Jonf the easterly lot line of said Lot 2 distimce of 6h.2'ifec't to the southeast8rl'T corncr of said Lut 2; tJlence along the f;outherly lot line of said ]~ot 2 to the southwesterly corner of said Lot 2; thence soutlr,Jest- erly along the northwesterly line of Block 1+, beinG the northerly lines of Lots 4 thru 13 of 'Jaid Block )) and said l:Lne projected to a point of intersection with the centerline of ~)outh Third J~vemJ.e; thence southerly along the centerline 01.' saLd Third Avenuo ~;outb to the point of beginninp;. I Containing within UHo above described exterior boundaries the follovJine: lots, blocks and parcels of land, to-wit: The westerly portion of Lots 1 tbrough 12 inclus:Lve of' Block 1, all Lots 1. through 7 of Block 2, all of Lots 1 through 4, ~ of Block J, all of Lot 1 of Block 4, all in 'l'fwmp[;On 1 s Add:i. tion No. J. All of Lots 'I through 15 of Block 2, all of Lots 5 through 23 of' Block 3, all of Lots )) throll!!;h 14 of Block 4, a portion of Lot land all of Lots 3 throu.gh 8 inclu~iv8 of Block 5, in the Rearrangement of Thompson's Addi t:Lon No.3, bej,ng the Rearrangement, of Lot 8, Block 2, Lot 5 of Block 3, Lots 2 and 3 of' Block 4 and Lot 2 of Block 5. SE:CTlON 3 Character of Improvements The character of j.mprovements to be installed and pEdd for by the Montana Power Company is the erection and installation of thirty (30) 1.75 "\4att, '1,000 lumen Mercury-Vapor, color corrected luminaires J..b.~-;. Type III mounted on thirty foot high steel poles. Power is to be supplied by an l.mderE~round direct burial cable inst81la tion and shall be equipped with necessary appliances for safe and proper operation of the system. SECTIUH 4 Estimated Cost of I1aintenance and Electrical Current and Hethod of Assef,snlent I An estimutc of the cost of maintaining such lighting system and supplyjnC current therefor is Fjve and 06/100 DullaJ:"'s ("i~5.06) per unit month for each unit or tne total smn of One Thousand Eie;ht Hundred T"\venty-one and 60/100 dollars (.,:>1.,821.60) per year, of which total seventy-five percent ((5%), or One Thousand Three Hundred Sixty-six and 20/100 Dollars (:,pl,J66. 20) is to be assessed against the properties Hi thin the district on an area basis and twenty-five percent (2S~C), cr Four Hundred Fifty-five arId 40/100 Dollars (.~45S'}fO) is to be paid by the City of Bozeman, JV[ontana. The estimated rate of Clssesmnent per year per square foot of property within the district is :;po.oo14630l'(96S per square foot. The cost of such jmprovement j.B to L;e assessed against 'Lile entire dtstr:i.ct, each lot or parcel of land within such district will be a:.:;svssed for tllat part of the whole cost which its area bears to the area of the entire district exclusive of streets, avenu.es, alleys and public places. The total assessclble area within said district is estimated to be 1,002,1'(L~.ge sqnare feet and is th.e figure on which all protests will be received, considered and determined. SECTION 5 Payment The proposed Special Improvement Lighting District will be established for the purpose of paying I the operating and rnaintenance cost of such liEhts only, which saj.d operation and maintenance will include the furnishing of electric current, all lamps as needed and the maintenance of poles, cables, and other incidental items. The entire cost of installing such lights wiD be borne by The Montana Power Company. CCJlI1JviISSION l-LESOLU'rION NO. 1292 248 SL:;CTION 6 Protests and Not:Lcc That the regular session of the City Commission of tIlO City of Bozeman to be Yield at tlJe Commission Chamber, City Hall BuildinG, Bozeman, Hontana, onvJednesday, the 31st day of August, 1966, at the hour of one 0' clock p.m. of said day, are the time and place when and where the City Commission will I hear and pas;:! 11pon all protests duly and regularly made and filcd against the creation of said proposed ~;pecial Improvement Lighting District No. 476, the improvement proposed to be made pursuant thereto and the extent and character thereof, or either tnereof; and the Clerk of the Cj.ty Commission be, and she is hereby directed to Gl.ve notj.co in the manner and for the time as by law required, of the adopbon of this Resolution of Intention. ADOPTl<:D by the Commisi3ion of the City of Bozeman, 110ntana, at a ree;uJar and "'tatod session of said Commiss:Lon held on the 3rd day of AUGust, 1966. ATTEST: rIJayo l~ ~ d!$~ .-t:fl.4: j / . --;'2 .... ."_ ~erk of the City Co ssion ---------- NOTICE IN HE COMMISSION HESOLUTION NO. 1292 OF TilE CITY OF BOZE.riJ.!\.N DECLARING 'fIill Iin,t':NTION OF Ttili CITY OF' BOZ.b:jviAlif TO CJi]!;ATE A SPECIAL IHPHOVI<;hENT DISTRICT TO BE KNOllliN AND DESIGNATE,D AS "SFB,CIAL UIPHQVElv[EN'I' LIGilT:UJG DIbTIHCT NO. 4'/6. It I" NOTIC.E IS B:B;HF,BY GIVEN that on the 3rd day of AUGust, 1966, at a regular meeti,nG of the Commission of the City of Bozeman, Cormnission Resolution No. 1292 entitled: A HESOLUTION OF TIlE COMHISSION OF TIlli CITY OF BOZEJVIAN, HOTifTANA, DECLARHG IT TO BE ']}n~; INTENTION OF TIJE SAID CO]vj]vUSSION TO CREATE; A SPECIAL II1PROVEr-'lENT DISTHICT TO BE KNOWN AS SPECIAL IFlPHOVEJ'iENT LIGHTliifG DISTRICT NO. 476 FOH THE PlJHPOSE UTi' OPERATINCi AND }llA.INTAINliJG A STRt;bT LIGHTING SYSTN'I TO LIGHT SOUTH TRACY A Vt;j\j1JE FROJVI ITS JUNCTION WTIH KAGY BOULEVAHD TO HILL STREET, HILL STREET BETWEEN SOUTH THIHD A VLN\J1~ AND HIGHLAND COUnT, SOUTH TIJIrW AV.t:';i,nJE FRC I"l THE SOUT]U~;H.LY LIi'IE OF THOMPSON'S ADDITION NO. 3 TO A POINT OPPOSITE THE NOHTH- \fESTEHLY CDhNlm OF BLOCK 1+ OF SAID TI{OHP2{)N'S ADDITION NO.3, HIGHLAND CUlmT FROH THE SCUT!IEm,y BOUNDARY LI1~E OF SAID THOMPSON'S ADDITION NO. 3 TO ITS JUNCTION 1t1ITI.I SPHII\!G CHEEK DHTVE, SPfUNG CHE;l',K DRIVE: FROH ITS JUNCTIONWTTH SOUTH TRi\CY AVE>Jt}E TO TEl:; SUUTHF:HLY BOUNDAhY LIN~: OF SAID THOl'1P::.:;ON'S ADDITION NO.3, SATD LIGHTING SYSTE.H TO BE INSTALLED AND PAID FOE BY Till'; HOIIJ"I'Al\ll\. POItJER CmnJANY, ALLUNDEH 'TILt'; AUTHORITY OJ:<' AND IN CUN FORivIIT'{ WITH SFXTIONS 11-2245 TO 11-2257 INCLUSIVE, OF THE HEVISED CODES OF JVlOW1'ANA 1947. was passed and auopted. That~{ednesda'r, the 31st day of A uc:ust, 1966, atone 0' clock p.m. at the Commission Hoom of the City Hall, Bozeman, Hontana, is designated by said Resolution No. 1292 as the time <lnd place for hearing objections to the action proposed to be taken by said resolution, and when and where any and all persons whose property is within said proposed Special Improvement Lighting District No. 476 may appear and Sl. JOW cause,. if any they have, against said proposed improvement. Ob;jections I must be made in writinG and filed with the Clerk of the City Commissj.on not later than fifteen (15) days after the date of the first publicati.on of this notice. That the general character of UIe improvement to be made in sa:id Special Improvement Lighting District No. h76 is the erection and installation of thirty (JO) 175 Watt, 7,000 lwnen Hercury- Vapor, color corrected lurn:Lnaires J..E.C:;. Type III mounted on thjrty foot lrigh steel poles. Power is COIJiIHS:3IUN I\E~jOL[J'l'ION NO. 1292 ----------- 249 to be supplied by an underground direct burial cable instalJ.a tion and sha1:L be equipped with necessary applj.ances for safe and proper oper2.tion of the system. An approximate and pn::;liminar"J estimate 01' thc cost of maintainine sllch lig11tinc: systeJn and supplyinc; current tnerefor is ~S.06 per unit month for each unit or the total SlJm d' ~~l, 621.60 I per year of 1rrhich [,01,,,,,1 75%, or ~i;1,J66.20 is to be ~'SGcssed against the properti.es within the district on Em area basis and 2ji(', or ~45).4o is to be paid by the City of Bozeman, 1"1ontan&. The estimated rate of assesmnent pCer yeur pc"r square foot of property wi thin the distric t is ~pO.O()l463017965 per squ;,lre foot. The proposed Spcci-Cll Improvement L:i.ghting Disl,rict will be establisl1ed for the purpose of pa,ying the oper<lting and maintenance cost of such lights only, which said operation Hnd maintenance will include the furnishing of electric current, all lamps as needed and the maintenance of poles, cables, and other :inddental items. The entire cost of installing such lights will be borne by The Nontana Power Company. For a description of the boundaries of said Special Improvement Lighting District No. 476 reference is hereby made to Resolution No. 1292 of the Commission of the City of Bozeman declaring the intention to create said District, wnich is on file in the office of the wldersigned Clerk of said Commission in the Cit,y Hall of sa:Ld City of Bozernan, State of Hontana, and open for inspection to all interested parties and the public generally. This no tice is E;i ven puremant to the provisions of Section 11-2204, hevised Codes of Hontana, 1947. I Dated this 3rd day of August, 1966. ~~/~~ Clerk of the Ci~y Cor ssion First published in the Bozeman Daily Chronicle 11th August, 1966. State of MOntana ) County of Gallatin) S8. City of Bozeman ) I, Erna V. ~arding, Clerk of the Commission of The City of Bozeman, cio hereby certify the foregoing Notice in Re, Commission Resolution No. 1292, was published at lene;th in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City in the issues of August 11 thru 16, 1966, and due proof of such publications is on 1'1.1e in nv office. IN WITNESS WH!,; 11-E OF I hereunto set my hand and affix the corporate seal of my office this 24th day of August, 1966. -~~ Clerk of I CUIJ'll S~)IuN H1SULlJTIUl'J NU. 1292