HomeMy WebLinkAboutResolution 1159 Creates SID No. 446
377'
CUMMISSION RESuLUTION NO. 1~58
A RESOLUTION OF THE CI')'Y CuM1VIISSION OP THE CITY uP BuZEMAN,
MONTANA, DECL/\RIND. IT TO BE 'nlE IN'l'E1'JTION OF SAID COMMISSION
Tu CRENrE A St'ECIAL I"i.rRC1VEMENT DIS'I'RIC'I' TO 3E KNOWN AS SrEC-
IAL IM}'RvVE1V1EN'1' DIS'I'RICT NO. 446, 01" 'J'dE CI'1'Y UF BUzr:lvAN For
THE PURJ:'OSE OF CUNS'l'RUCTING AND INS'l'ALLIT<G vVATER )lH;S, .tI.AD
SANITARY SEWER MAINS ON 3) UTH THIRD AVENUE, GREEK WAY Ar-.'D
KAGY BOULEVARD, INCLUDING TRENCH EXCAVATION AND BACKFILL, I
INSTALLATIN 01" NEC8SSARY FITTINGS, VALVES, HYDRANTS, NECESSARY
~ANHOLES AND OTHER A.P.i:-'URTENANCES AND YJORKINCIDE'N'1'AL 'T'Hf,:rmTO.
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WHEREAS, tnere had aeen fi~ed with the C~erk of tlle City COrnInlSSl.On of
tne ~ity of Bozeman, Montana, a petition in due form of certain owners of properties
situated on South Third Avenue, Greek Way and Kagy Boulevard, asking that a special
improv,-,ment district be created for the purpose of constructIng and instl:illlng water
mains and sanltar:'{ sewer mains on South Third Avenue, Greek Wa~T and Kagy Boulevard; and
WHEREAS, at a regular meeting of the City Commission of the City of Bozeman,
Montana, held on the 25th day of November, 1964, the aforesaid petjtion was res-
pectively considered and granted;
NOW, THEREFORE, BE IT RESOLVED BY THE C I T\~ C o~n:TIS S IO N OF' THE CITY OF
BOZE],ffiN:
Section 1
Declaration of Intention
That it is declared to be the intention of the "'ity ofbozeman to create a
special improvement district to be known and designated as Special Improvement
District No. 446 of the Vity of bozeman for the purpose of constructing and in-
stalling water mains and sanitary sewer mains on Soutn Third Avenue, Greek Way
and Kagy Boulevard, 'CO inc.lude trench excavation and backfill, installation of
necessary fi ttings, val ves, ~lydrants, necessary ITa nholes and other necessary
appurtenances nd work incidentaL thereto.
Section 2 I
Boundaries.
The boundaries of said Specia~ Improvement District No. 446 are described as
fol~ows:
Beginning at the East one-sixteenth corner of t he southeast
quarter of Section 13, Township 2 o.outh, Range 5 East, M.1J.M.,
said corner being the sou theas terly corne r of Greek Way Sub-
divisi:m to Bozeman, Montana; thence South 890 14.4' West aLong
the southerly boundary of sa id subdivision a di stance of 6~l.u
feet to the southwesterly corner of said subdivision; thence
northwesterly along a curve to the right of '141.8 feet in radus
being a~ong the westerly ~ine of said subdivision a distance
of 361.'1 feet to a point of tangency; thence North 270 4'1.1.'
West a distance of 156.9 feet; thence north 42000.3' East a
distance of "/44.4 feet; ttlence East a distance of 2HO.U feet
to the northeasterly corner of said Greek Way SubdivisLiD;
thence con tinuing eas terly a d is tance of 30 fee t to a point
of intersection with the easter~y line of South Third Avenue;
thence southerly along the easterly line of said :::)outh 'l'hird
Avenue, being the westerly lot lines of lots 4 and 5 of B.lock
1, and lot 8 of Block 2 of Thompson Addition, the westerly lot
lines of lots 1, 2, 3 ~nd 4 of the Milwaukee Addition and the
wes terl y lot line of lot 13 of B~ock 1 of Thompsons Addition
Number 2; and said easterly street line of South Third Avenue
extended to a point of interesection with the Center line of
Kagy Boulevard; thence westerly aloI\f?the center..Line of said
Kagy $oulevard b:> the point of beginnings.
Inc~udlnp: within the above described exterior boundaries the
f0110W1n~ lOts, tree ts ~d. othe r pe reeL of l~ndS, t~-W1 t: I
Lots 1, ." 3, 4, 5, 6, 7, 8 and 9 of Greek VVay S.ubdl.vislon to
Bozeman, Montana
Section 3
Character of Improvements
The improvements to be cons tructed under tnis Special Improvement District
include the instal~atlon of S~ (6) inch cast iron water mains, including trench
excavation and backfil~, installation of necessary fittings, valves, hydrants and other
appurtenances, aLSO t he installation of eight (8) inch sanitary sewer mains, including
trench excava tion and backfill, necessary manholes and other appurtenances.
f:lj~.:
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Section 4
Estimate of Cost
The preliminary esti~ate
of cost is $36,uuu.UO, inciuding all trench excavation
and backfil.l,
instal.lation of cast iron pipe and fittings, hydrants and valves,
nec-
essary manhole s and furnishing of al.l ma teria Is,
engineering and incidentals.
Section 5
I
Method of Assessment
The cos t of such improvemen
ts are to be assessed against the entire district,
each lot or parcel of land within such district wili be assessed for
the t pa l' t 0 f the
whole cost which its area bears
to the area of the entire district exclusive of streets,
a venues, a lle ys and pub..Lic pIa ces.
Section 6
Pa ymen ts
The payments for
said improvements shall bemade in twenty (20) annual insta~l-
ments extending over a period of nineteen (19) years, but this shall not be construed
to prevent payment in fu.l.l at any regular payment date by ~y property owner who de-
sires to do so.
It is proposed to pay
the en tire cas t and eX:P3nse of the construction
and installation of
said improvenents wi th cash to be obtained from the sale of bonds
of said Special Improvement District No. 446, as authorized by law. Sucn b::mds will
be in denominations of $lUU.OO each and fracti )ns of multip.les of $lUu.OO where nec-
essary to be issued and chargeable against a fund to be known and designated as spe-
cial Improvement District No. 446 Fund of the City of bozerran, The bonds will be
redeemal)le at the option of the L:ity, singly or in multip.les, <>00 in the order of
their registration,
whenever funds are a vailable for the pl.1I' pos e in said SpeCia.l
Improvement District No. 446.
Said bonds sha.ll draw a simp.le int:erest from the date
of their regis tra ti,m until called for pa~ent, a tara te not exceeding six percent
(6%) per annum, which interest saall be chargeable as a part of t he cas t of t he con-
struction and installation of' said improvement. '1'he bonds wil.l be issued ttnd sold
in accordance with the provisions of Section .ll-~232 and Section 11-2271, Revised
Codes of Montana,
1947, and all other applicable pro vi si ons of Title 11 of the Re-
vised Codes of Montana,
1947, rela ting
to Special Improvement Districts in cities
and towns, and any amendments
the reof or there to.
I
Section 7
Protests and Notice
That the regular session
of the (Jity Commission of tne ~ity of Bozeman, to be
held at the Commis sion Chamber, City Hall Building, Bozeman, Man tana, on the 23rd
Day of December, 1964, at the hour of one u'c.lock .l-.M. of said day, are the time
Rnd place,when and where the City Commission wi.l..L hear and pass upon all protests
duly and regularly made and filed against the crea tion of said proposed f)pecial
Improvement District No. 446, the iiprovement proposed to be made p1.1I'suant there-
to and the extent and character tnereof, or either thereof; and the CLerK of the
City Commission be, and he
is nereby directed to five notice in the manner and for
the tile as by law required,
of the adoption of
tni s Resolu t1. Ull 01' Intent1on.
ADOPTED by the Commission
of the City of Bozeman, Montana, a t a regular and
stated session of said Commission he.ld on
the 25th da f Novem bel",
1964.
ATTEST:. .f i<' .. '
!ft,~.r7. ... t-i{
h .. 6 \>_.-~ ,..:(7'.'...
-.
Acting Clerk of the (Jiti ommisslon
NOTICE IN RE
COMMISSION RESOLUTI:N
NO. 1159 OF THE CITY OF EOZEMAh DE-
CLARING THE INTENTION
OF THE CI'l'Y OF BOZE!..fAN TO CREATE A
I SPECIAL IM}OROVE':1ENT
DISTRICT 'TO BE KNOV\NAND AND DESIGNATED
AS fI SPECIAL H'l:'TK)VEM:E}iT
DI STRICT }TO. 446.ttr
Notice is hereby given that
on tne 25th day of November, 1964, at a
regular session of the Commlssion of the City of Bozeman, Commission Resolution
No. LL59, en ti tled:
A RESOLUTION OF'
THE CITY COMMISSION OF THE CI TY OF BOZEMAN
MONTANA, DECLARIEG
IT TO DE THE INTENTION OF SAID Cm~rJ1I.SSION
TO CP:~ATE A St'ECIA
L IM1-'ROVEMENT DISTRICT TO BE I\t"0'I1I[)\1 AS
SI'ECIAL IMPROVEME
NT DISTRICT NO. 446 OF THE CPI'Y OF BOZEMAN
FUR
'niE FITR1)OSE OF C"NSTRPCTING AND INSTiL LING WATER MAINS
AND SANITARY SEWER
f'TAINS OK SOUTH 'IHIRD AVENUE, GREEKWAY AND
KAGY BOULEVARD,
INCLUD:mG TRENCH EXCAVATION AND BACKFILL,
INSTA:,LATION OF
NECESSARY FITTINGS, VliLVES, HYDRANTS,
NEC-
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:\t76
I ESSARY MANHOLES AND OTHER APPURTENANCES AND WORK INCIDENTAL
THERETO.
was passed and adopted.
That Wednesday, the 23rd day of December, 1964, at one o'CLOCK 1).M., at the
Commission Room of
the Vity Hall, Bozeman, Montana, is designated by Resolution 1159
as the time and place for hearing ob ,jectlons to
the action proposed to be taken by
said resoLut. on, when and where aLL persons whose property is wi th:in said proposed
I
Special Improvement District No. 446, on South 'l'hird Avenue, Greek Way and Kagy
Boulevard, may appear and show cause, if any they have, against said proposed im-
provement. Objections must be made in writing HDd f~led with the vlerk of the
City Commission not later than fifteen (15)
days after date of the first publi-
cation of this no tice.
An apvroxima te prel im~"na ryes tima te of
the cost of doing such work
and making
such improvements within said district, including trenching,
back filling, material,
installation, engineering and incidentals, which is to be svecially assessed against
the property wi.thin said district is $36,Ouu.vu. Costs of the project wil be
assessed against the entire district, each lot or parcel
of land within such district
will be a sse ssed for ti1a t part of the Vlhole cost
which its area bears to t he area of
the entire district, excl.usive of streets, a ven
ue s , alleys and PUlHic places.
Pay-
men t for the improvemen ts is tv be made in
twenty equal annual. installments.
For a description of
~ boundaries of said Special Improvement District No.
446, reference is made to Resolution No. 1159 of the Commission
of the City of Bozeman
declaring the intention to create said District, which is on file in the office of' the
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 jJub11c
generally.
This notice is given pursuand
to the provisions of Section ll.-22u4,
Revi sed
Codes of Man tana, .1.94'1.
Dated this 25th day of November,
1964
1
c ting Clerk of t ommis s ion
Fir8t published in the Bozeman Daily Chronicle 6 December,
1964.
I
State of Montana )
County of Galla tin) ss
Ci ty of Bozeman )
I Harold 4. FrysJ.ie, Acking Cl.erk of the Commission of
the C1
ty of' Boz eman,
do hereby certify tha t the foregoing Notice in Re. Commis sian Resolution No.
1.1.59
was pUblished at length in the Bozeman Daily Chronicle,
a newspaper of general
circulation printed and published in said City in the issue of December 6th through
December Iv, 1964,
and due proof
of such publica tiOD is on file
in my office.
IK WITNESS W}ffiREOF I hereunto set my mnd affix tne corpora te seal of my
hand and affix the corporate seal of my office this 21st day of January,
1\:165.
ommiSSlon
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