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HomeMy WebLinkAboutResolution 1236 Creates SID No. 459 87 COMMISSION RESOLUTION NO. 1236 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO CREATE A SPECIAL IMPROVEMENT LIGHTING DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 459, FOR THE PURPOSE OF OPER- ATING AND MAINTAINING A STREET LIGHTING SYSTEM TO LIGHT EIGHTH AVENUE NORTH FROM THE ALLEY NORTH OF MAIN STREET TO VILLARD I STREET, NINTH A VENUE NORTH FROM THE ALLEY NORTH OF MAIN STREET TO DURSTON ROAD, TENTH AVENUE NORTH FROM THE ALLEY NORTH OF MAIN STREET TO DURSTON ROAD, ELEVENTH AVENUE NORTH FROM THE ALLEY NORTH OF MAIN STREET TO DURSTON ROAD, MENDENHALL FROM THE NORTH-SOUTH ALLEY OF BLOCK 1, SPRINGBROOK ADD][ON, TO ELEVENTH AVENUE, LAMME STREET FROM THE NORTH-SOUTH ALLEY OF .\ STREET FROM A POINT 115 FEET WEST OF THE WESTERLY LINE OF NORTH SEVENTH A VENUE TO ELEVENTH A VENUE AND THE SOUTH SIDE OF DURSTON ROAD BETWEEN A POINT 115 FEET WEST OF THE WESTERLY LINE OF NORTH SEVENTH AVENUE TO ELEVENTH AVENUE, SAID LIGHTING SYSTEM TO BE INSTLLLED AND PAID FOR BY THE MONTANA pmVER COMPANY, ALL UNDER THE AUTHORITY OF AND IN CONFORMITY WITH SECTIONS 11- 2245 TO 11-2257 INCLUSIVE, OF THE REVISED CODES OF MONTANA, 1947. ----------- WHEREAS, there has been filed with the Clerk of the Commission of the City of Bozeman, a petition in due form of certian property owners on Eighth Avenue North from the alley North of Main Street to Villard Street, Ninth Avenue North from the alley North of Main Street to Durston Road, Tenth Avenue North from the alley North of Main Street to Durston Road, Eleventh Avenue North from the alley North of Main Street to Durston Road, Mendenhall from the North- South Alley of Block 1, Springbrook Addition, to Eleventh Avenue, Lamme Street from the North- South alley of Block 8 of Springbrook Addition to Eleventh Avenue, West Villard Street from a point 115 feet West of the Westerly line of North Seventh Avenue to Eleventh Avenue and I the South side of Durston Road between a point 115 feet West of the westerly line of North Seventh Avenue to Eleventh Avenue, asking that a special improvement lighting district be created for the purpose of operating and maintaining a lighting system to light the herein- before 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 the 1st day of September, 1965, the aforesaid petition was respectively considered and granted; NOW, THEREOFRE, 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 Lighting District No. 459 of the City of Bozeman for the purpose of operating and maintaining a lighting system to light Eighth Avenue North from the alley North of Main Street to Villard Street, Ninth Avenue North from the alley North of Main Street to Durston Road, Tenth Avenue North from the alley North of Main Street to Durston Road, Eleventh Avenue North from the alley North I of Main Street to Durston Road, Mendenhall from the North-South Alley of Block 1, Springbrook Addition to Eleventh Avenue, Lamme Street from the North-South Alley of Block 8 of Springbrook Addition to Eleventh Avenue, West Villard Street Srom a point 115 feet West of the westerly line of North Seventh Avenue to Eleventh Avenue and the South side of Durston Road between a point 115 feet west of the westerly line of North Seventh Avenue to Eleventh Avenue. COMMISSION RESOLUTION NO. 1236 ----- 88 Section 2 Boundaries The boundaries of said Special Improvement Lighting District are described as follows: Beginning at a point of intersection of the center lines of the north-south and east-west alleys of Block 1, Springbrook Addition to the City of Bozeman, Montana; thence northerly I along the center line of said north-south alley of said Block 1 to the southerly line of Mendenhall Street; thence northerly across said Mendenhall Street and along the center line of the alley of Block 8, across Lamme Street and along the center line of the alley of Block 9 of said Springbrook Addition to the southerly line of Beall Street; thence northeasterly across said Beall Street to a point on the southerly line of Tract 1, Durston Subdivision, said point being 115 feet westerly from the southeasterly corner of said Tract; thence northerly parallel to and 115 feet westerly from the westerly line of Seventh Avenue North across Tracts 1, 7 and a portion of 8 to a point 70.7 feet northerly of the north line of West Villard Street; thence westerly parallel to and 70.7 feet northerly from the northerly line of West Villard Street to the northeasterly corner of Lot 13, Block 3, Brunton Palffy Rearrangement of Durston Subdivision; thence northerly along the east lot line of Lots 12 through 2 inclusive, of Block 3, Brunton-Palffy Rearrangement to the southeast corner of Lot 1, Block 3, Brunton- Palffy Rearrangement of Durston Subdivision; thence easterly parallel to and 60.7 feet southerly from the south line of Durston Road, across tracts 13 and 14 and a portion of 12 to a point, said point being 115 feet westerly from the west line of Seventh Avenue North, thence northerly parallel to and 115 feet westerly from the westerly line of North Seventh Avenue to the North line of Section 12, Township 2 South, Range 5 East, Montana Principal Meridian; thence south 89- 39' west along said northerly line of Section 12 to a point 118 feet westerly of the north one-quarter corner of said Section 12; thence southerly parallel to and 118 feet westerly from the north-south one quarter line of said Section 12 to a point 118 feet westerly of the north one-quarter corner of said Section 12; thence southerly parallel to and 118 feet westerly I from the north-south one quarter line of said Section 12 to a point 140 feet northerly of the intersection of said line with the northerly line of Main Street; thence easterly across Eleventh Avenue North to a point of intersection of the west- erly line of Block 4 of Springbrook Addition and the centerline of the east-west alley of said Block 4; thence easterly along the centerline of the east-west alleys of Blocks 1,2, 3 and 4 of the said Springbrook Addition to the point of beginning. Including within the above described exterior boundaries the following lots, blocks, tracts and parcels of land to-wit: Lots 18 through 23 inclusive of Block 1, Lots 1, 2, 3, 4, 5, 6, 19, 20, 22,23 and 24 of Block 2, Lots 1, 2, 3, 4, 5, 6, 19, 20, 21, 22, 23 and 24 of Block 3, Lots 1, 2, 3, 4, 5, 6, 14, 15, 16, 17, 18 and 19 of Block 4, Lots 1 through 24 inclusive of Block 5, Lots 1 through 24 inclusive of Block 6, Lots 1 through 24 inclusive of Block 7, Lots 13 through 24 inclusive of Block 8, Lots 9 through 16 inclusive of Block 9, Lots 1 through 16 inclusive of Block 10, Lots 1 through 16 inclusive of Block 11, and lots 1 through 16 inclusive of Block 12, all in Springbrook Addition. Lots 1 through 24 inclusive of Block 1, Lots 1 through 26 inclusive of Block 2, Lots 1 through 13 inclusive of Block 3, Lots 1 through 8 inclusive of Block 4, Lots 1 through 7 inclusive of Block 5, Lots 1 through 8 of Block 6, all in Brunton-Palffy Rearrangement of a portion of Durston Subdivision. A portion of Tract 1; all of Tracts 2 and 3, a portion I of Tracts 7, 8, 12, 13 and 14 of Durston Subdivision; a portion of the NE~ of the NE~ of the NW~ of Section 12, a portion of the SE~ of the NE~ of the Nwi of Sec- tion 12, a portion of the NEt of the SEt of the NWt of Section 12, and a portion of the SE~ of the SE~ of the NW~ of Section 12, all in Township 2 South, Range 5 East. COMMISSION RESOLUTION NO. 1236 - ---- 89 Section 3 Character of Improvements The character of the improvement to be installed and pa,id for by the Montana Power Company is the erection and installation of ninety-one (91), 175 Watt Mercury-Vapor, color I corrected luminaires, mounted on 30 feet high steel poles power is to be fed by a single overhead wire and the installation shall be equipped with all necessary appliances for the safe and proper operation of the system. Section 4 Estimate of Cost of Maintenance and Electrical Current An estimate of the cost of maintaining such lighting system and supplying current therefor is Three and 70/100 Dollars ($3.70) per unit month or the sum of Four Thousand Forty and 40/100 Dollars ($4,040.40) per year of which total seventy five percent (75%) or Three Thousand Thirty and 30/100 Dollars ($3,030.30) is to be assessed against the property within the district on a square foot basis, and twenty-five percent (25%) or One Thousand Ten and 10/100 Dollars ($1,010.10) is to be paid by the City of Bozeman. Section 5 Method of Assessment The estimated rate of assessment per year per square foot of the property within the district is .001791255841 cents per square foot. The cost of such improvements is to be assessed against the entire district, each lot or parcel of land within such district will I be assessed for that part of the whole cost, which its area bears to the area of the entire district exclusive of streets, avenues, and alleys. Section 6 Actual Area of District The total assessable area within the said district is extimated to be 1,691,718.14 s(~uare feet which is the area on which 8.11 protests will be received, considered and deter- mined. Section 7 Payment The proposed Specia,l Improvement Lighting District will be established for the purpose of paying the operatinf, and maintenance cost of such lights only, which said operation and maintenance will include the furnishing of electric current, all lamps as needed and the main- tenance of poles, cables, and other incidental items. The entire cost of such lights will be borne by the Nontana Power Company. Section 8 Protests and Notice I That the regular session of the City Commission of the City of Bozeman, to be held at the Commission Chamber, Oity Hall Building, Bozeman, Montana, on Wednesday, the 29th day of September, 1965, at the hour of one o'clock p.m. of said day, are the time and place when and where the City Conunission will hear and pass upon all protests duly and regularly made and filed against the creation of said proposed Special Improvement Lighting District No. 459, the improvement proposed to be made pursuant thereto and the extent and character thereof, or either thereof; and the Clerk of the City Commission be, and she is hereby directed to COMMISSION RESOLUTION NO. 1236 -- -.-- go give notice in the manner and for the time as by law reouired, 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 1st day of September, 1965. Mayor I ATTEST: ~/ff~ Clerk of the City Co ssion ------~--- NOTICE IN RE COMMISSION RESOLUTION NO. 1236 OF THE CITY OF roZEMAN DECLARING THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AND DESIGNATED AS "SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 459". NOTICE IS HEREBY GIVEN that on the 1st day of September, 1965 at a regular meeting of the Commission of the City of Bozeman, Commission Resolution No. 1236 entitled; A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO CREATE A SPECIAL IMPROVEMENT LIGHTING DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 459, FOR THE PURPOSE OF OPERATING AND MAINTAINING A STREET LIGHTING SYSTEM TO LIGHT EIGHTH A VENUE NORTH FROM THE ALLEY NORTH OF MAIN STREET TO VILLARD STREET, NINTH A VENUE NORTH FROM THE ALLEY NORTH OF MAIN STREET TO DURSTON HAD, TENTH AVENUE NORTH FROM THE ALLEY NORTH OF MAIN STREET TO DURSTON RAOD, ELEVENTH A VENUE NORTH FROM THE ALLEY NORTH OF MAIN STREET TO DURSTON ROAD, MENDENHALL FROM THE NORTH-SOUTH ALLEY OF BLOCK 1, SPRINGBROOK ADDITION, TO ELEVENTH AVENUE, LAMME STREET FROM I THE NORTH-SOUTH ALLEY OF BLOCK 8 OF SPRINGBROOK ADDITION TO ELEVENTH AVENUE, WEST VILLARD STREET FID M A POINT 115 FEET WEST OF THE WESTERLY LINE OF NORTH SEVENTH AVENUE TO ELEVENTH AVENUE AND THE SOUTH SIDE OF DURSTON ROAD BETWEEN A POINT 115 FEET WEST OF THE WESTERLY LINE OF NORTH SEVENTH AVENUE TO ELEVENTH AVENUE, SAID LIGHTING SYSTEY TO BE INSTALLED AND PAID FOR BY THE MONTANA POWER COMPANY, ALL UNDER THE AUTHORITY OF AND IN CONFORMITY WITH SECTIONS 11-2245 TO 11-2257 INCLUSIVE, OF THE REVISED CODES OF MONTANA, 1947. was passed and adopted. Tha.t 'JIlednesday, the 29th day of September, 1965, at one otclock p.m. at the Commission Room of the City Hall, Bozeman, Montana, is designated by said Resolution No. 1236 as the time and 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. 459 may appear and show cause, if any they have, against said proposed improvement. Objections must be made in writing and filed with the Clerk of the City Commission not later than fifteen (15) days after the date of the first publication of this notice. That the general character of the improvement to be made in said Special Improvement Lighting District No. 459 is the erection and installation of ninety-one (91), 175 Watt ./ Mercury-Vapor, color corrected luminaires, mounted on 30 feet high steel poles. Power is -' I to be fed by a single overhead wire and the installation shall be equipped with all necessar~.;; appliances for the safe and proper operation of the system. An approximate and preliminary estimate of the cost of maintaining such lighting system and supplying current therefor is $3.70 per unit month or the sum of $4,040.40 per year of which total 75%, or $3,030.30 is to be assessed against the property within the district on a square foot basis, and 25% or $1,010.10 is to be paid by the City of Bozeman. The estima.ted rate of assessment per year per square foot of the property within the district is .001791255841 per square foot. COMMISSION RESOLUTION NO. 1236 91 The proposed Special Improvement Lighting District will be established for the purpose of paying the operating and maintenance cost of such lights only, which said 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 such lights I will be borne by the Montana Power Company. For a description of the boundaries of said Special Improvement Lighting District No. 459 reference is hereby made to Resolution No. 1236 of the Commission of the City of Bozeman declaring the intention 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 1st day of Septemher, 1965. f;A<M? 9'~ Clerk of the City iss10n . First published in the Bozeman Daily Chronicle 7th September, 1965. 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. 1326, was pub- lished at length in the Bozeman Daily Chronicle, a newspaper of general circulation I printed and published in said City in the issues of September 7th thru September 12th, 1965, and due proof of such publications is on file in my Office. IN WITNESS WHEREOF I Hereunto set my hand and affix the corporate seal of my office this 22nd day of November, 1965. ~~-~/ ~~ Clerk of the City Co .ssion I COMMISSION RESOLUTION NO. 1236 ---