HomeMy WebLinkAboutResolution 1161 Creates SID No. 448
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COMMISSION RESOLUTION
NO. 1161
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN DECLARING IT TO BE THE
INTENTION OF THE CITY OF BOZEMAN, MONTANA, TO CREATE A SPECIAL IMPROVEMENT DIST-
RICT TO BE KNOWN AS SPECIAL IMPROIE MENT DISTRICT NUMBER 448 FOR THE PURPOSE OF
CONSTRUCTION AND INSTALLATION OF ASPHALTIC-CONCRETE PAVEMENT, INTREGAL CONCfffiTE
CURBS AND GUTTERS AND NECESSARY STORM DRAINAGE WITH THE NECESSARY APPURTENANCES TO
SAID PAVEMENT, CURBS AND GUTTERS AND STORM DRAINAGE ON SOUTH TRACY A VENUE FROM A
I POINT 249.7 FEET SOUTHERLY OF THE SOUTH LINE OF CLEVELAND STREET TO SOUTHERYY LINE
OF GAHFlELD STREET, AND ON EAST GARFIELD STREET FROM THE EASTEHLY CURB LINE OF
SOUTH WILLSON AVENUE TO THE JUNCTION WITH SOUTH TRACY AVENUE.
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WHEREAS, there had been filed with the Clark of the Cit;1' Commission of the City of Bozeman,
Montana, a petition in due form of certain owners of properties situated on South Tracy Ave-
nue from a point 249.7 feet southerly of the South line of Cleveland Street to southerly line
of Garfield Street and on East Garfield Street from the easterly curb line of South Willson
Avenue to the junction with South Tracy Avenue, a.sking that a special improvement district
be created for the purpose of constructing and installing a pavement project to include the
construction of drainage facilities, intregal concrete curbs and gutters and an asphaltic-
concrete surface course, and other work incidental thereto; and
WHEREAS, at a regular meeting of the City Commission of the City of Bozeman held on
the 7th day of October, 1964, 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 special
improvelnent district to be known and designated as Special Improvement District No. 448 of
the City of Bo'teman for the purpose of constructing and installing an asphaltic concrete pave-
ment, concrete intregal curb and gutters, necessary excavation, and necessary storm drainage
VJith the necessary appurtenenaces 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 East Garfield Street from the easterly curb line of South Willson Avenue to the
junction with South Tracy Avenue.
I Section 2
Boundaries
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 westerl;y along the northerly line of said Lot 5 a dis-
tance of 130 feet; thence southerly, parallel to and 130 feet distant from the
westerly line of South 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 Cl distance
of 13.09 feet to the southwesterly corner of said Lot 7; thence southerly along
the westerly lot lines of Lots 8 and 9 of Block A a. distance of 120.2 feet; thence
westerly across the alley of said Block A to a point on the ea.sterly 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 westerly parallel to and 130 feet
distant northerly from the northerly line of Garfield Street to a point of inter-
section with the centerline of South \'lillson 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 northwest-
erly corner of said Lot 6; thence easterly parallel to and 130 feet distant southerly
from the southerly line of East 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 continuing easterly parallel to and 130 feet southerly from
the southerl;y line of East Garfield Street across the Eck Addition 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 L30 feet southeasterly from the southea.sterly line of South Tracy Avenue;
thence northeasterly along sB.id parallel line lying 130 feet southeasterly of the
I southea.sterly 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 B.cross 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 lewd:
Lots 5, 6, 7, 13, 9 and 10 of Block A, Langhors First Addition; portion of Lot 7
and all of Lots 8, 9, 10, 11 a.nd 12 of Block 13, Butte Addition; all of Lots 1,
2., 3, 4, 5 And a portion
of Lot 6 of Block 14, Butte Addition; a portion of Eck's
Addition; and a portion of an unplatted Tract lying southea.sterly of South Tracy
Avenue.
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Section 3
Charact
er of Improvement s
Construction of a pavement pro.4ect on South Tracy Aveue from a point 249.7 feet
southerly of the south line of Cleveland Street to southerly line of Garfield Street
and on East Garfield Street from the easterly curb line of South Willson Avenue to the
junction with South Tracy Avenue, said pavement project to
include construction of drain- I
age facilities, intregal concrete curbs and gutters, and an asphaltic-concrete surface
course.
Sect ion 4
Estimate of Cost
The preliminary estimate of cost is $26,000.00, 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
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, avenue s,
alleys and public places; and further,
each square foot of lcmd vJithin the district ly-
ing within 2) feet of the line of the street or avenue on which the improvements 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 foot df any other land within the district
shall bear.
Section 6
Payments
ThAt the payments for said improvements shall be made in twenty (20) annual install-
ments extending over a period of nineteen (19) years, but this shall not 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 apy the entire cost and expense of the construction and
installatjpn of said improvements with cash to be obtained from the sale of bonds of said
Special Improvement District No. 4M3, as authorized by law.
Such bonds will be in denom-
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inations 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 available for that purpose in said Special Improvement District No. 448.
Said
bonds will 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 improvement.
The bonds will be issued and sold in accordance with the provisions of Section 11-22.32
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 dist-
ricts 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 the Commission Room, City Hall Building, Bozeman, Montana, on Wednesday, the 23rd
day of December, 1964, 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 regularly made and filed against the creation of said proposed Special Improvement
District No. 448, the improvement proposed to be ma.cle pursuant thereto and the extent
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 for the time as 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 25th day of
ATTEST:
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Y Commission
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NOTICE IN RE
COMMISSION RESOLUTION NO. 1161 OF THE CITY OF BOZEMAN DECLARING THE INTENTION OF THE
CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AND DESIGNATED
AS "SPECIAL IMPROVEMENT DISTRICT NO.
448".
Notice is hereby given that on the 25th day of November, 1964, at a regular session of
the Commission of the City of Bozeman, Commission Resolution No. 1161, entitled:
I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN DECLARING IT TO BE
THE INTENTION OF THE CITY OF BOZEMAN, MONTANA, TO CREATE A SPECIAL IMPROVEMENT
DISTRICT TO BE KNO\rJN AS SPECIAL IMPROVEMENT DISTRICT NUMBER 448 FOR THE PURPOSE
OF CONSTRUCTION AND INSTALLATION OF ASPHALTIC CONCRETE PAVEMENT, INTREGAL CONCRETE CURBS
AND GUTTERS AND NECESSARY STORM DRAINAGE WITH THE NECESSARY APPURTENANCES TO SAID
PAVEMENT, CURBS AND GUTTERS AND STORM DRAINAGE 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 EAST GARFIELD STREET FROM THE EASTERLY CURB LINE OF SOUTH
WILLSON A VENUE TO THE JUNCTION WITH SOUTH TRACY A VENUE.
was passed and adopted.
That ,~ednesday, the 23rd day of December, 1964, at one 0' clock p.m. at the Commission
Hoom of the City Hall, Bozeman, Montana, is designated by Resolution No. 1161 as the time
and place for hearing objections to the "Iction proposed to be t,'Jken by said resolution,
when and where all persons whose property is within said proposed Special Improvement
District No. 448 may appear a.nd show cause, if any they have, against said proposed im-
provement. Objections
must be made in writing and filed with the Clerk of the City
Commission not later than fifteen (15) days after date of the first publication of thh;
notice.
An approximate preliminary estimate of the cost of doinfo such work and making such
work and making such improvements within said district, including all street excavation,
all materials, installation costs, engineering and incidentals, which is to be specially
assessed against the property w~hin said district is $26,000.00.
Costs of the project
is to be assessed against the entire district, each lot or parcel of land within such
district will be assessed for that p~rt 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 improvements herein provided for are made, shall
bear double the amount of the costs of such improvement per square foot of such land that
I each square foot of any other land within the district shall bear.
For a description of the boundaries of said Special Impro~ment District No. 448,
reference is hereby made to the Resolution No. 1161 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 public generally.
This notice is given pursuant to the provisions of Section 11-2204 Revised Codes of
Montana, 1947.
Da.ted this 25th day of November, 1964.
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Clerk of the City ommission
First published in the Bozeman Daily Chronicle 6 December 1964.
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St.ate of Montana
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County of Gallatin) ss.
City of Bozeman
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I, Harold A. Fryslie, Clo,rk 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 newspaper
of general circulation printed and published in ~>aid City in the issue of the 6th day of
December, 1964, ami due proof of such publication is on file in my office.
I IN WITNESS WHEHEOF I hereunto set my hand and affix the corporate seal of my hand and
affix the corporate seal of my office this 5th day of February, 1965.
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Acting
Clerk of the Cit
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State of Montana )
County of Gallatin ) 5S.
City of Bozeman )
I, Harold A. Fryslie, Acting Clerk of the Commission of The City of Bozeman, do hereby
certify that the foregoing Hesolution No. 1161, was published by title and number in the
Bozeman Daily Chronicle, a newspaper of general circulation printed and published in spid
City in the issue of December 12th, 1964 and due proof of such publication is on file in
I
my office.
IN WITNESS WHEREDF I hereunto set my hand and affix the corporate seal of my office Lhifi
5th day of ~ebruary, 1965.
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ity Commission
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