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HomeMy WebLinkAboutResolution 1180 Creates SID No. 448 4,as COMMISSION RESOLUTION NO. 1180 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZ>>1AN DECLARING IT TO BE THE INT?NTION OF THE CITJ OF BOZEMAN, MONTANA, TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 448 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF ASPHALTIC-CONCRETE PAVEMENT, INTR.EX;AL CONCRETE CURBS AND GUTTERS"AND THE NECESSARY APPUR- I TENANCES TO SAID RA VEMENT ON SOUTH TRACY A VENUE FROM A POINT 2'*9.-7 FEET SOUTHERLY OF THE SOUTH LINE- OF CLEVELAND STREET TO SOUTHERLY LINE OF GARFIELD STREET, AND ON WEST GARFIELD STREET FROM THE EASTERLY CURB LINE OF SOUTH WILLSON AVENUE TO THE JUNCTION WITH SOUTH TRACY. I 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 Tracy Avenue from a point 249.7 feet southerly of the South line of Cleveland Street to southerly line of Garfield Street, and on West Garfield Street from the easterly curb line of South Willson Avenue to the junction with South Tracy, asking that a special improvement district be created for the purpose of the construction and installation of asphaltic-concrete pavement project to include intregal concrete curbs and gutters and the necessary appurtenances to said pavement; and, WHEREAS, at a regular meeting of the City Commission of the" City of Bozeman held on the 17th day of February, 1965, 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 spec- ial improvement district to be known and designated as Special Improvement District No. 448 for the purpose of the construction and installatien of an asphaltic-concrete pavement pro- ject on South Tracy Avenue from a point 249.7 feet southerly of the south line of Cleveland Street to southerly line of Garfield Street and on West Garfield Street from the easterly curb line of South Willson Avenue to the junction with South Tracy. Said pavement project I to include construction and installation of intregal concrete curbs and gutters and the necessary appurtenances to said pavement. Section 2. Boundaries That the boundaries of said Special Improvement District No. 448 are described as follows: ; Beginning at the northeasterly corner of Lot 5, Block A, Langhor's First Addition to Bozeman, Montana; thence westerly along the northerly line of said Lot 5 a distance of 130 feet; thence southerly, parallel to and 130 feet distant from the westerly line of ~uth Tracy Avenue to a point on the southerly line of Lot 7 of said Block A; thence northwesterly along the southerly line of said Lot 7 a distance Qf 13.09 feet to the south- westerly corner-of said Lot.7; thence southerly along the westerly lot lines of Lots 8 and 9 of said Block A a distance of 120.2 feet; thence westerly across the alley of said Block A to a point on the easterly line of Lot 7, Block 13, Butte Addition to Bozeman, Montana, said point being 5 feet northerly of the southeasterly corner of said Lot 7; thence west- erly parallel to and 130 feet distant northerly from the northerly line of Garfield Street to a point of intersection with the centerline of South Willson Avenue; thence southerly along the center line of said South Willson Avenue a distance of 320 feet; thence easterly at right angles a distance of 40 feet to a point on the westerly line of Lot 6 of Block 14 of said Butte Addition, said point being 5 feet southerly of the north- westerly corner of said Lot 6; thence easterly parallel to and 130 feet distant southerly from the southerly line of West Garfield Street being 5 feet southerly and parallel to the northerly line of said Lot 6, a distance of 160 feet to the easterly line of said Lot 6; thence contin- I uing easterly parallel to and 130 feet southerly from the southerly line of West Garfield Street across the Eck Addttion a distance of 104.37 feet to the easterly line of said Eck Addition; thence continuing easterly on said line extended to a point of intersection with a line that lies parallel to and 130 feet southeasterly from the southeasterly line of South Tracy Avenue; thence northeasterly along said parallel line lying 130 feet southeasterly of the southeasterly line of South Tracy Avenue to the southeasterly corner of Lot 11 of Block 2, Spring Dell Addition to Bozeman, Montana; thence northwesterly along the southerly line of said Lot 11 to the southwesterly corner of said Lot 11, being a point on the easterly line of South Tracy Avenue; thence westerly across South Tracy Avenue a distance of 60 feet to the point of beginning. Containing within the above described exterior boundaries the following lots, Additions and Tracts of land: Lots 5, 6, 7, 8, 9 and 10 of Block A, Langhor's Fir~Addition. -- ___0" 4:~6 Portion of Lot 7 and all of Lots 8, 9, 10, 11 and 12 of Block 13, Butte Addition. All of Lots 1, 2, 3, 4, 5 and portion of Lot 6 of Block 14, Butte Addition. A portion of Eck's Addition. I Portion of an unplatted Tract lying southeasterly of- South Tracy Avenue. Section :3 Character of Improvements Construction of a pavement project with intregal concrete curbs and gutters and necessary appurtenances to said construction on South Tracy Avenue from a point 249.7 feet southerly of the south line of Cleveland Street to southerly line of Garfield Street and West Garfield Street from the easterly curb line of South Willson Avenue to the junction with South Tracy, said pavement project to include construction of an asphaltic-concrete type surface course, all necessary excavation, gravel backfill and other appurtenant work thereto. Section 4 Estimate of Cost The preliminary estimate of cost is $22,000.00, including all street excavation, all materials, installation costs and engineering and incidentals. Section 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 25 feet of the line of the street or avenue on which the improve- I ments 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 of any other land within the district shall bear. Section 6 Extended District The City Commission of the City of Bozeman does hereby find that the contemplated 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 improvements shall be chargeable on an extended district and the City Commission does hereby declare that the above described district and all lots included therein will be benefited by the contemplated improvements and that said district and all lots included therein shall be assessed to pay the costs and expenses thereof. Section 7 Payments That the payment for said improvements shall be made in twenty (20) annual install- ments extending over a period of nineteen (19) years, but this shall hot 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 installa- tion of said improvements with cash to be obtained from the sale of bonds of said Special Improvement District No. 448, 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. 448 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 avail- able for that purpose in said Special Improvement District No. 448. Said bonds will I 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 or thereto. Section 7 Protests and Notice That the regular session of the City Commission of the City of Bozeman to be held at ~ ~tll the Commission Chamber, City Hall Building, Bozeman, Montana, on Wednesday, the lOth day of March, 1965, 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 regular- ly made and filed against the creation of said proposed Special Improvement District No. 448, the improvements 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 give notice in the manner and for the time as by law required, of the adoption I 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 ~he 17th day of February, 1965. / /! -ur-- R. HARRY MOR ATTEST: the City Commission - NOTICE IN BE COMMISSION RESOLUTION NO. 1180 OF THE CITY OF BOZEMAN DECLARING THE INTENTION OF THE CITY OF BOZEJo1AN TO CRUTE A SPECIAL IMPROVEMENT DISTRICT TO- BE KNOWN AND DESIGNATED AS "SPECIAL IMPROVEMENT DISTRICT NO. 448." NOTICE IS HEREBY GIVEN THAT ON THE 17th day of February, 1965, at a regular session of the Commission of the City of Bozeman, Commission Resolution No. 1180 entitled: . A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZI!MAN, MONTANA., TO CREATE A SPECIAL IMPROVE- MENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 448 FOR THE I PURPOSE OF CONSTRUCTION AND INSTALLATION OF ASPHALTIC-CONCRETE PAVEMENT, INTREGAL CONCRETE CURBS AND GUTTERS AND THE NECESSARY APPURTENANCE$ TO SAID PAVEMENT ON SOUTH TRACY AVENUE FROM A POINT 249.7 FEET SOUTHERLY OF THE SOUTH LINE OF CLEVELAND STREET TO SOUTHERLY LINE OF GARFIELD STREET,_ AND ON WEST GARFIELD STREET FROM THE FASrERLY CURB LINE OF SOUTH WILLSON AVENUE TO THE-' JUNCTION WITH SOUTH TRACY. was passed and adopted. That Wednesday, the 10th day of March, 1965, at one o'clock p.m., at the Commission Room of the City Hall, Bozeman, Montana, is designated by Resolution No. 1180 as the time when and the place where the Commission of the City of Bazeman 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 the Cit~ 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 installation of anasphaltic~concrete pavement, including excavation, gravel backfill, gravel cushion 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 on South Tracy Avenue from a point 249.7 feet southerly of the south line of Cleveland Street to southerly line of Garfield Street, and on ~est Garfield Street from the easterly curb line of South Willson Avenue to the junction with South Tracy Avenue. The estimated cost of said improvements is $21,000.00, including all street excavation, all materials, installation costs and engineering and incidentals. For a description of the boundaries of said Special Improvement District No. 448, refer- ence is hereby made to Resolution No. 1180 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 BQzeman, State of Montana, and open I 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 18th day of February, 1965. Erna V. Harding, e City Commission First published in the Bozeman Daily Chroni~~e, February 23, 1965. '.- 1/.,:;: -'i ~ State of Mont,g,na ) County of Gallation) ss. City of Bozeman ) I, Erna V. Harding, Clerk of the Commission of the City of Bozeman, do hereby certify that the foregoing Notice was published at length in the Bozeman Daily Chronicle, a news- I paper of geneFal circulation printed and published in said City in the issue of the 23rd day through the 28th day of February, 1965, 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 hand and affix the corporate seal of my office this 17th day of February, 1965. sion I I