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HomeMy WebLinkAboutResolution 1262 Creates SID No. 470 163 COMMISSION RESOLUTION NO. 1262 A RESOLUTION OF TIm CITY COMMISSION OF THE CITY OF BOZE~MN DE- CLARING IT TO BE rrHE INTENTION OF TH'~ CITY OF BOZEMAN, MONTANA, TO CRE'^TE A SPECIAL IMPROVEMENT DISTRICT TO BE KNm~JN AS SPECIAL IMPROVEMENT DISTRICT NO. 470 FOR THE PURPOSE OF DEVELOPING A PORTION OF KIRK PARK, SAlT) PROPOSEJ DEVELOPM2:NT TO PROVIDE l"OR MULTI-PURPOSE PLAY AREA, CHILDREN'S PLAY AREA, PICNIC AREA, I SHADE AND D8;CORATIVE TREES AND SHRUBBERY, SAKITARY FACILITIES, PATHWAYS, DEDICATION MONIIMENT, AND SPECIAL IMPROVEMENTS SUCH AS WATERLINES, SEWERS AND PAVEMENT OF THE PORTION OF THE STR:::ETS AD.TACENT TO AND ABUTTING KIRK PARK. WHEREA S , 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 within the boundaries hereinafter described, asking that a special im- provement district be created for the purpose of developing', a portion of Kirk Park, said proposed development to provide for multi-purpose play area, child- ren's play area, picnic area, shade and decora ti ve trees and shrubbery, sani- tary facilities. pathways. dedication monument, and special improvements such as waterlines, sewera and paving; and. WHEREAS, at a regular meeting of the City Commission of the City of Bozeman held on the 13th day of April, 1966, the aforesaid petition was respectively considered and granted; NOW, THEREFORE, BE IT RESOLVED BY 'rHE CITY COMMISSION OF THE CITY OF BOZEMAN .: I Section 1 Declaration of Intention That it is hereby declared to be the intention of the City of Bozem8n to create a special improvement district to be known and designated as Special Improvement District No. 470 for the purpose of developing a portion of Kirk Park. Section 2 Boun dar 1e s That the boundaries of said Special Improvement District No.470 are de~ scribed as follows: BeginnIng at the Northwest corner of Section 12, being the corner common to Sections 11 and 12 of Township 2 South, Range 5 East, M.P.M.; thence South 88.09'23" West along the northerly line of said Section 11 a distance of 1353.42 feet; thence SOUJth 0.09'53" West a distance of 2670.84 feet to the southwest corner of the SEiNEt of sald Section 11; thence North 88.17'23" East along the southerly line of said SE;-NEt also being the centerline of West Babcock Street a distance of 1135.86 feet to the one-quarter corner connnon to Sectionsll and 12; thence North 88-43'44" East along the southerly line of the NWt of Section 12 and also I being tbB centerline of West Babcock street a distance of 1355.63 feet to the southeasterly corner of the West Half of the Northwest Quarter (W~NWt) of Section 12, thence northerly along the easterly line of aaid West Half of the Northwest Quarter (WtNwt) of said Section 12, across High- way 191 and being along the centerline of North Fifteenth Avenue to the northerly line of the said Section 12, being the centerline of Durston Road; thence westerly along the northerly line of said Section 12, a distance of 1340.79 feet to the point of beginning. Containing within the above cescribed exterior boundaries the following Lots, Blocks, Tracts and parcels of land, to-wit: COMMISSION RESOLUTION NO. 1262 1.64 Lots 1 thru 34 inclusive, of Block 1; Lots 1 thru 17 inclusive, of Block 2; unplatted portion of Block 3; unplettedblocks 4 .. 5 in East on~-half of Northeast Quarter of Section 11; all of Blocks 6, 7 and 8 of West Park Manor First Addition; Lots 18 thru 33 inclusive of Block 2 and Lots 1 thru 15 inclusive of Block 3, West Perk Manor Second Addition. Unplatted Tract in the Southeast Quarter of the I Northeast Q,uarter (SEtNF~!) of Section 11 lying West of South Nineteenth Avenue between Highway 191 and Babcock Str",et; Lots 1 and 2 of Kirk's Third Subdivision, unplatted tracts in the South- west Quarter of the Northwest Quarter (SWtNW*) of Section 12 lying between Highway 191 and West Babcock; unplatted tract in the Southwest Quarter of the Northwest Quarter (SWiNWt) of Section 12 lying Northof Highway 191 and West of North Fifteenth Avenue. All of Blocks 1, 2, 3, 4, 5 and p of Kirk's Second Subdivision to Bozeman, Mon tans. Section 3 Character of Improvements Development of a portion of Kirk Park, said development to provide for multi-purpose play area, children's play area, picnic area, shade and decorative trees and shrubbery, sanitary facilities, pathways, dedication monument, and special improvements such as waterlines, sewers and pavement of the portion of the streets adjacent to ano abuttinK said Kirk Park. Section 4 Estimate of Cost The total cost of the improvements within the district, including engineer- I ing, legal and contingency is $100,000.00, of which the United States Government, through the Department of the Interior, Bureau of Outdoor Recreation, adminis- tered in the State of Montana by the Fish and Game Commission, has proposed to finance 50%, or $50,000.00. The remaining $50,000.00 is to be assessed to the property within the special improvement district. Section 5 Method of Assessment Fifty percent (50%) 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 wh~le cost which its area bears to the area of the entire ('Jis- trict exclusive of streets, avenues, alleys and public places. rrhe total actual square foot of assessable area within such 1istrict is 4,433,688.48 square feet; which is the area figure on which all protests will be received, considered and de termined . Section 6 I Extended District The City Commission of the City of Bozeman does hereby find that the contem- plated work and improvements are, in the opinion of the City Commission, of more than local or ordinary public benefit and that the cost and expense of such im- provements shall be chargeable on an extended district and the City Commission COMMISSION RESOLUTION NO. 1262 :165 does hereby declare that the above described district and all lots included therein will be benefi ted by the conterr'pla ted improvements and tha t said district and all lots included therein shall be assessed to pay the cost and expenses thereof. I Section 7 Payments That the payments for said improvements shall be made in twenty (20) annual installments extending over a period of nineteen (19) year s, bu t 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. 470, 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. 470 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. 470. Said bonds will draw a simple interest from the date of their registration until called for payment, at a rate not to exceed I six percent (6%) per annum, which interest shall be chargeable as a part of the cost of the construction and installation of said improvements. The bonds will be issued and sold in accordance with the provia ions of Sec tion 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 8 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 11th day of May, 1966, at the hour of one 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. 470, the improvements pro. posed to be made pursuant thereto and the extent and character thereof, or I 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 13th day of Apri], 1966. ATTEST: ~~d~~ Ma yor Clerk ot' the 01 t,.-- ornmisalon COMMISSION RESOLUTION NO. 1262