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HomeMy WebLinkAboutResolution 1172 Creates SID No. 444 - --,,--- 41.0 COMMISSION: RESOLUTION NO. 1172 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF , BOZ:E.'MAN DECLARING IT TO BE THE INTENTIr~N OF THE CITY OF BOZEMAN TO CTIEATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IM~ROVEhmNT DISTRICT NO. 444 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING A STORM DRAINAGE SYSTEM 10 SERVE THE AREA eN NORTH EIGHTEENTH A VENUE BETWEEN WEST BEALL I STREET AND DURSTON RoAD AND TtiENCE NORTHERLY THROUGH THE MAPLE TERRACE SlJBDIVISIJN AND ON BLACKMORE PLACE TO THE NORTH LINE OF SAID SUBDIVISION, SAID STORM DRA INAGE PRO JECT 'It: INCLUDE NECESSARY l'I!"E LINES, MAN- HOLES, DRAIN INLETS AND OTHER NECESSARY APPURTENANCES. , WHEREAS, there has been filed with the Clerk of the City Commisslon of the City of Bozeman, Montana, a petition in due form of certain 0\'!t1 era of properties sit- uated on the streets hereinbefore speclfied aSking that a speclai improvement district be created for the purpoee of constructing and inst~liing a storm drainage system to include necessary pipe lines, manhoies, draxn lniets &nd other necessary appurtenances; and WHEREAS, at a regular meeting of the City Commission of tne City of dozeman held on the 23rd day of December, i964, the aforesaid petition was respectiveiy onn- sidered and granted; NOW, THEREFORE, BE IT REOOLVED BY THE CITY COMMISSISSION OF THE Crry OF BOZEMAN: Section 1 Decl~ration of Intention That it is hereby deciared to be the intention of the City of Bozeman to create a special improvement district to be known and designated as Special Im- provement District No. 444 of the City of Bozeman for the purpose of constructing and installjng a storm drainage system to serve the area on North Eighteenth Avenue between West Beaii Street and Durston Road thence northerly through the I Maple Terrace Subdl visi on and on BlB. ckmore Place to t he North Line of said Sub- di vision, said drainage system to inciude necessary pipe lines, manholes, drain inlets and other necessary appurtenances Section 2 Boundaries The Boundaries of said Special Improvement District No. 444 are described as foliows: Beginning a t the Sou tnwest corner of Section i, 12S, RbE; thence nortnerly along the West line of Section 1, also being the West line of Maple 1arrace Subdivision, to a point on tne section line, being the northwest corner of Maple Terrace Subdivision; thence easterly aiong the North line of Mapl.e Terrace Subdivision to the Northess t c.,[)rner of Mapie Terrace Subdivision; thence souther..LY a.long the East iine of Ma~ie Terrace Subdivision, being the West line of North 17th Avenue, to a point on the ~outhLine of Sectlon 1, being tne Southeast corner of Map..Le Terrace subd1vlsion and .l..Lu.ul feet easteriY from the Nortneast corner of Graf:',s Firs t Rearrangement of B.Lock 6 of Kirk Second Subdivision to Bozeman, M'nt~na; trence southeriy iiu feet easter.lY and distant from the East line of Gref r s First Rearrangemen t of tiiock 6 a dl.s tauce of 94'1.24 feet; thence wester..LY to me Common East corner of Lots i3 and 14 01' Grafts First Rearrangement of BiOCi!: 6; thence swtherJ.yaiong the West 8.LJ.ey ilne of the alley between North 17th and North 18th Avenues to a point on the North line of West Bea1.l Street; thence sou th- I westerly to a point on the South line ~nd 3uO feet East of the Southwest corner of Block 2 of Kirk Second Sub- division; thence soutnerly 3uu feet easterly and distant from the East line of ~orth 19t~ Avenue to tM South line of U. S. Highway 191 rights"'of-way being tne South line of Kirk Second Subdivision; thence westerly along the Soutn line of Kirk Second Subdivision to the West line of Section 12, T2S, R5E; thence northerly alon~ the West line of Sectinn 12, being the West line of Kir Second Subdivision to the point on the Southwes t come r of Section 1 and the point of beginning; Containing wi thin the above described exterior boundaries the following lots, bJ.ocks and parcels of land, to-wit: Resolution No. 1172 in lieu~ of Res. No. 1158 -"'. 41_1. Portion of Block 1, and Portion of B~ock 2, Kirk's Second Subdivision; Lots 1 to 34 inc~usive of B~ock A, and lots 1 through 17 inciusive of B~ock B, Graf's First Rearrange- ment of BLock 6 of Kirk's Second Subdivision, Part of the unpLatted portion of Bbck 6, Kirk's Second Subdivision; Lots I through 26 inc~u81v. of Block A, and Lots 1 through 8 inclusive of Block B of Maple Terrace Subdivision of Bozeman, Montana I Section 3 Character of Improven:en ts Constructio~ and installation of a storm drainage system tb serve the area on North Eighteenth Avenue between West Beall Street and Durston Road and tpence northerly through me Maple Terrace Subdivision am on BJ.aclanore .Place to the North line of said Subdivision, said sto~ drainage project to include trench - excavation and backfill, necessary inlets, manholes and o:ther appurtenant structures. Section 4 Est1mate of Cost The preliminary estimate of cost of the storm drainage system, including all trench excavation and backfill, all materials, installation costs, engineering and incidentals, is $l9,uOO.Uu. Section 5 Mettlod of Assessnent The cost of such improvements are to be assessed against the entire district, each Lot, block or plrcel of land within such district Wii.1. be assessed for that part of the whole cost which its area bears to the area of the entire district eXClusive of streets, avenues, a~leys and public places. Section 6 Extended District I The City Commission of the Ci ty of Bozem9.n does hereby find tha t the C on- templated work ~nd improve~ents are, in the opinion of the City Commission, of more than loc~l or ordinary pub~ic benefit and that the cost and expense of such improve~ents shai~ be chargeable on an extended district and the City Commission does hereby declare that the above described district and ~ll lots included there- in wili be benefited by the contemplated improvements ~nd tha t said d1 s tric t and a a~l lots included therein shail be assessed to ply the costs and expenses thereof. Section 7 Payments. Th.a t the payments for said improvements sh.1.1 be made in ten (lu) annual in- stallments extending over a period of nine (H) years, but this shall not be con~ strued to prevent payment in f'ull ~ any regular payment date by &11Y property owner who desires to do so. It is proposed to pay the entire cos t ~nd expense of the construction and instailat10n of' said improvements with cash to be obtained from the'SBl.e of bonds of said Specia~ Improvement District No. 444, as authorized be law. SuCh bonds w1l~ be in denominations of $LOU.OO each, and fractions or multi- ples of $100.00 where necessary, to be issued and chargeable against a f'und to be known arid designated as Special Improvement District No. 444 Fund of' the City of Bozeman. The bonds will be redeemable a t the opt! on of the C1 ty singly or in multiples, and in the order of their registr3tion, whenever funds are available f'or that purpose in said Special Improvement District No. 444~ Said bonds will draw a simple interest from the date of' their registration until called for ply- ment, at a rate not to exceed six percent (6%) per annum, which interest shall be chargeab.1.e as a part of' the cost of' construction and installation of said im- provements. The bonds will be issued and sold in accordance with the provisions of Seotion li-2232 and Section 11-2271, ReVised Codes of Montana, 1947, and all other applicable provisions of Title 11 of' me ReVised Codes of Montana, 1947, reiating to specia~ improvement districts in cities and towns, and any amendments I thereof' or thereto. Section 8 Protests and Notice That the reguiar session of the City Commission of the City of' Bozeman to be heid at the Commission Chamber, City Hall Building, Bozeman, Montana, on Wednesday the 2uth day of January, i965, at the hour of one o'cl.ock p.m. of' said day, is the time and plaoe, when and where the City Commis sion wi.1.l hear ~nd pl ss upon ai~ protests duly Hnd regularly made and filed agains t the crea tion of said proposed Special Improvement Die trict No. 444, the improvements proposed to be made pursuant thereto and the ex ten t and character thereof, or either thereof, and the Clerk of the City Commission be, and he is hereby directed to give notice in the manner and f'or the time as by law required, of the adoption of this resolution of' in ten tlnn. Resolution No. 1172 In lieu of Res. #1158 -... 412 ADOPTED by ~he Commission of the City of Bozeman, Montan~ at a regular and stated session of said Commission held on the 23rd day December, 1964. ATTEST: NOTICE IN RE I COMMISSION RESOLUTION NO. 1172 OF THE CTIY OF BOZEMAN DECLARING THE INTENTION OF THE CITY OF BuZEMAN TO CREATE A Sl-'ECIAL IMPROVEMENT DISTRICT TO BE KNOWN AND DESIGNATED AS "SPECIAL IMPROVEMENT DISTRICT NO. 444" NOTICE IS HEREBY GIVEN That on the 23rd day of December, 1964, at a regular session of tne Commission sf ~.he C'slR.IR18iloR of the City of Bozeman, Commission Resolution No. 1172 en t1 t.led : A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMA N DECLARING IT TO BE THE INTENTION OF THE CI'lY OF BOZEMA N TO CREATE A S.t'E CrAL IMPROVEMENT DISTRICT TO BE KNOWN AS Sl-'EC. IAL IMPROVEMENT DISTRICT NO. 444 OF 'lEE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING A STORM DRAINAGE SYSTEM TO SERVE THE AREA ON NORTH EIGHTEENTH A VENUE BETWt<:EN WEST BEALL STREET AND DURSTON RoAD lIND THENCE NORTHERLY THROUGH THE MAPLE TERRACE SUBDIVISION AND ON BLACKMORE PLACE TO THE NORTH LINE OF SAID SUBDIVISION , SAID STuRM DRAINAGE PROJECT TO INCLUDE NECESSARY PIPE LINES, MANHOlES, DRAIN INLETS AND OTHER NECESSARY Ar: rTm'l'El'1Al'1CES. was plssed and adopted. Thf.:lt Wednesday, the 2vtn day of January, .l965, at one o'C.lock p.m., at the Commission Room of the City Hall, Bozanan, Montana, is designated by I Resolution No. .1172 as the t:1me and place for hearing abjections 1D 171e action proposed to be taken by said resolution when and mere any and all persons who property is within said proposed Special Improvement District No. 444 may appear and show cause, if a ny they he ve, again st said proposed improvements. Objections must be made in writing and filed with the Clerk of t he City Commission not later than fifteen (15) days after date of the first publication of this notice. An approximate preliminl:try estimate of the cost of the storm drainage system, including all trench excavation 8nd backfill, a.11 materials, installation costs, , engineering and incidentals which is to be assessed on an actua.l area basls against the property within said district is $lS,uuO.uv. paymen ts for the improverrTents is to be made in ten (.LU) annual. ins ta.llments over a period of nine (9) years with in teres t on the deferred payments not 1D exceed six 1:Jercent (6%) per annum, plyab.Le annually, bu t this shall not be construed to prevent p:l.yment in fu.ll at any regular payment date by any property owner. For a description of the boundaries of said Special Improvement District No. 444 reference is hereby made 11:> Reso.lution No. 11'12 of the Commission of the Oi ty of Bozeman declaring the in ten tion to crea te said di strictJ" which is on file in t he office of the undersigned C.lerk of said Commission in the Uity Ha.l.l of said City of Bozeman, State of Montana, and open for inspection to all interested parties and the pub.Lic genera.lly. ThiS notice is given pursuant to the provisions of Section 11-22u4, Revised Codes of Montane, 1947. Da tad this 23rd day of December, 1964. First published in the Bozeman Daily Chronic.Le I State of Montana ) County of Ga.llatin)ss. City of Bozeman ) I, Erna V. Harding, Clerk of tne Commission of The City of Bozeman, do hereby certify that the foregoing Resolution No. l.l72, was pub.liSbsd1p lengt~ JI!'ttIfte.e:p in the Bozeman Dail.Y ChronlC.le, a newspa];:er of general circulation printed and published in said City in the issue of January 4th tnru January 8th, 1965, inc.LuSlve, and due proof of such pub.Licationis on file in my office. IN W TNESS WHEREOF I hereunto set my hand and affix tne corporate seal of my office this 15th day of February, 1~65. ?-) .' .~ C./f:~~f ~e .6;: y o~sion .- . --..---..---