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HomeMy WebLinkAboutResolution 1158 Creates SID No. 444 :~~71. COMMISSION RESOLUTION NO. 1158 A RESULUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN DE.. CLARING IT TO BE THE IWrENTION OF THE CITY OF BOZEMAN 'ID CREATE A S~ECIAL INrROVEMENT DISTRICT TO BE KNOWN AS SrECIAL IM~ROVE~ MENT DISTRICT NO. 444 OF THE CITY OF BOZEMAN FOR 'IRE PURt'OSE OF CONSTJtnCTING AND INSTALLING A STORM DRAINAGE SYSTEM To SERVE THE AREA ON NORTH EIGHTEENTH AVENUE BETWEEN WEST BEALL STREET I AND DURSTON ROAD AND TfffiNCE NORTfillRLY THROUGH THE MA~LE TERRACE SUBDIVISION AND ON BLACKMORE PLACE TO THE NORTH LINE OF' SAID SUr-iDIVISION, SAID STORM DRAINAGE PROJECT 'lD INCLUDE NECESSARY PIPE LINES, MANHOLES, DRAIN INLT'::TS AND OTHER NECESSARY AP~URT" ENANCES. WHEREAS, there has been filed with the Acting Clerk of the City vornmission of the Oi ty of .l;)ozeman, Man tana, a pet1 tion in due form of certain owners of properties situated on the streets hereinbefore specified aSking that a specia~ improvement district be creCilted for the purpose of constructing and instaiiing a storm drainage system to 1ncl ude necessary pipe line s, manholes, drain inle ts and other necessary appurtenances; and, WHEREAS, at a regular meeting of the City Commission of the City of Bozeman held on the 25th day of November, 1964, the aforesaid petition was respectively considered and granted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OOMMISSION OF THE 01 TY OF BOZm'AN: Section 1 Declaration of Intention Tna tit is hereby declared to be the in tention of the City of Bozeman to cre~te a specia.l improvement district to be knownand designated as Specia.l 1m" proverrent District No. 444 of the City of Bozeman for the purpose of constructing and insta.Lling a storm drainage system to serve the area on North Eighteenth - Avenue be-tween West Beall st~eet and Durston Road and thence norther.lY tnrough the Mayle Terrace SubdIvision and on rllackmore P.Lace tx:> t he North line of said subdivision, said drainage system to include necessary pipe lines, Int:t.nhol es, drain in~ets and other necessary appurtenances. I Sa ction 2 Boundaries. The boundaries of said Spacial Improvement District No. 444 are described as fv.L.lows: Beginning at the Southwest corner of Section 1, T2S, R5E; thence northerly along the West line of Section 1, also being,the West line of 1~ap.Le Terrace Subdivision, to a point on the section line, being the nortLLwest corner of Maple Terrace Subdivlsion; thence easter~y Cil~ong the North line of Map.Le Terrace Subdivision to the Northeast corner of Maple Terraoe Subdivision; thence suutnerl y along the East line of Maple Terrace Subdiv1sion, be1ng the west line - of North l'1th Avenue, to ti point on tHe South line of Sect10n 1, being the Southeast corner of Maple Terrace Subdivis10n and 110.01 feet easter~y from tne Northeast corner of Graf's First Rearrangement of B~OCK 6 of Kirk Second Subdivision to Bozeman, Mon~ana; thence southerly llu feet easterly and disvtint from tne Eas t li.ne of Graf' s First Rearrangement of Biock 6 a distance of 91'1.24 feet; thence wesver~y to the common East corner of Lots 13 and 14 of Graf's First Rearrangement of B~ock 6; thence southerly 8.L,ng the West a~ley .Line of the alley betwe:en Nortn l'lth and Nortn .Leth Avenues to a VOint on the North iine of We st Besil Street; thence south"wester~y to a point on the \.Jouthline and 3uu feet Eas t of' the ;;)ou thwest corner of B~ock 2 of Kirk Second Subdivision; thence southerly 3vu feet eaBter~y and dis vant from the Eas t Line of North l'd th Avenue to t.ne Sou th line 0 f U. S. Highway l'dl rights of way being tna ~u;yh line of Kirk Second Subd~vision; tnence weSverLY siang the Soutn iine of Kirk Second Subdivision to L he West .Line of Section 12, T23, R5E; tnence I nortner1l along the West .Line of Section l~, being the West Line of Kirk econd SubdiVision to t re p01nt. un tue SOUl,uwest corner of Sect~on 1 and the point 01' beginning. Sect10n 3 Character of Improvements Constructiou tind instailation of a sturm dr2lliuage system to serve the area on Nortn Eighteen loh Avenue between West BealL Street and Durston Road IotIJd tuence nODtherly through the Maple Terrace Subdivision and on Blackmore Place to the North line of said Subdivision, said storm drainage project to inClude trench excavation and backfill, necessary inlets, manholes and other appurtenant structure. :\72 Section 4 Es tima te of Cos t The preliminary estimate of cost of the storm drainage system, including all trench excavation and backfill, all materials, installation costs, engineering and incidentals, is $19,uuO.00 Section 5 Me thai of Assessmen t I The cost of such improvements are to be assessed against the en tire dis- tric t, each lot, block or parcel of land within such district will be assessed for too t part of the whole cost which its area bears to the area of the entire dis tric t exc lusi va of s tree ts, a venues, alleys and public places. Secti on 6 Extended District v ~ The City. ommission of the ityof Bozeman does hereby find that the contemplated work and 1mprovements are, in the opin!on 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 con templa ted improvements and that said district and all lots included therein shall be I:tssessed to pay the costs and expenses thereof. Secti on 7 Payments Tha t the payments for said improvements sbB. 11 be made in twenty (2U) annual installments extending over a period of nineteen (19) years, but this shall not ...... be constructed to prevent payment in fUll at any regu1a.r payment date by any p~operty 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. 444, as authorized by law. Such bonds will be in denom:'nations of ~lOO.OO each, and fractions or multiples of $100,00 where necessary, to be issued and chargeable I against a fund tQ be known and designated as ~pecial Improvement District No. 444 ~nd of the Vity of Bozeman. The bonds will be redeemable at the option of the 0ity, singly or in multiples, and in the order of thei~ registration, when- ever funds are available for that purpose in said Special Improvement District No. 444. ~aid bonds will draw e simple interest from the date of their regis- tration 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. 'l'he 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, rel a ting to special improvemen t dis tricts in ci ties and towns, ctnd any amendments thereof or thereto. Section e Protests a.nd Notice .,,' That the regular session of the Llity Commission of the "'ity of Bozeman to be held at the Commission Chamber, City Hall Building, oozeman, Montana, on Wednesday, the 23rd of Decemeer, 1964, at the hour of one o'clock P.M. of said day, is the time and place, when and where the Oi ty Commission will hear $.nd pass upon all protests duly and regularly made ar:d filed against the creation of said proposed Special Improvement District No. 444, the improvements pro- posed to be made pursuant thereto and the exten t and Cha raeter thereof, or either thereof, and the Clerk of the City Commission be, a nd he is hereby directed to give notice in the mctnner ani for the time as by law required, of tl'Je adoption of this resolution of intention. ADOPTED by the Commission of tile City of Man tan a, at a regular and stated session of said Commission held on da y of November, 1964. ~~ .~.~.c,v/.'..' I ---- no__ _____..._, ....._ 37~ 373 NOTICE INRE COMMISSION RESOLUTION NO. 115t! OF THE CI TY OF BOZEMAN DE- CLARING THE INTEN'l'ION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL DlfPROVEMENT DISTRICT 'ill BE KNOWN AND DESIGNATED AS tt SPE CIAL IMPROVEMENT DI STRICT NO. 444." NOTICE IS HEREBY GI'7EN THAT on ~he 25th day of November, 1964, a t a I regular session of the Commission of the vi ty- of Boz aman, Commission Resolution No. 1158 entlt~ed. A RESOLUTION OF THE CITY COMMIS,SION OF 'l'RE CITY OF 80ZEMAN DECLARH'G IT TO BE THE INTENTION OF 'IRE CITY OF BOZEMAN TO CREATE A St'ECIAL IM1:'ROVm,1ENT DISTRICT TO BE KNOWN AS S.t'ECIAL IMPROVEMENT DIS'IRICT NO. 444 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING A11D IN3TALLING A STORM DRAINAGE SYSTEM '110 SERVE THE AREA ON NORTH EIGHTEENTH AVENUE BETVvEEN WEST BEALL STREET AND DURSTON RoAD AND THENCE NORTHERLY THROUGH THE MAPLE TERRACE SUBDIVISION AND ON BLACKMORE PLACE TO THE NORTH LINE OF SAID SUBDIVISION, SAID STORM DRAINAGE PROJECT TO INCLUDE NECESSARY l)IPE LINES, MANHOLES, DRAIN INLErflS AND OTHER NECESSARY APPURTENANCES. was passed and adopted. That Wednesday, the 23rd day of December, 1964, at one O'Clock p.M., at the Commission Room of the City Hall, Bozeman, Montana,is designated by Resolution No. ~158 as the tl~e and place for hearing objections to the action proposed to be taken by said resolution when and where any- ....nd all persons whos~roperty :1 s wi thin said proposed Special Improvement District No. 444 may appear and show cause, if any they have, against said proposed improve~enttl. Objections must be made in wrl ting and filed with the Clerk of the (Jity Commission not later that fifteen (15) days after date of the first publication of th is notice. An approxirna te preliminary es t1r1a te of the cos t of the storm drainage system, inc~uding al.L trench excavation and backfil~, all mateRlals, install- ation, costs, engineering and incidentals which1.s to be asses~ on an actual area basi s agains t the property wi thin said dls tri ct is $19,000. Uu. I Payment for the impro\tements is to be made in twenty (2u) annual install- ments of a period of nineteen (19) years with interest on the deferred payments not to exceed six percent (6%) per annum, payable annually, but this snall not be construed to prevent payment in full at any regular payment date by any property owner. For a description 01 ~lill bOl.lldar .J..es of said Spe cial Improvemen t Dis tric t No. 444, reference is hereby made to Resolution No. 1158 of the Commission of the City of t;ozeman declaring the intention to create said district, which 1s on tile in th8 office of the undersigned Clerk of said vommisslon in the City Hall of said ity of Bozeman, State of M"mtana, and open fur inspection to al~ interested parties and the pub~ic generally. This notice is given pursuant to the provisions of Section 11-2204, Revised Codes of Montana, .1947. Da ted thi s 25th. day of November, 1964 on First published in the Bozeman Daily Chronicle 6 December 1964. State of lVlontana ) County of Gal1atin)ss City of Boz eman ) I Harold A. Frysiie, Acting Clerk of the Commission of the City of Bozeman do hereby- certify tnat the foregoing Notice in Re, CommissionnResolution No. Ilb8 was published at length in the rlozeman Daily Chronicle, a newspaper of general circulation printed and published in said City ~n the~sue of December 6tn thru I December .10, 1964, and due proof' of such pub~lcation is on file in my office. IN WITNESS WHEREOF I hereunto set my hand affia the corpora te seal of my hand and affix the cor.porate sea.L of my office this 21st day of January, 1965 A Resolution No. 1158 killed due to the fact that there was an error in district boundaries and improper notification to owners. Resolution No. 1179 was substitued declaring it to be the intention of the Ci ty- of Bozeman to' create District No. 444 on January 20,1965. fl~~; -.-. ..-. .