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HomeMy WebLinkAboutResolution 1163 Creates SID No. 449 :1S7 CO~~ISSION RESOLUTION NO. 1163 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN DECLARING IT TO BE 'rHE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 449 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING A STORM DRAINAGE SYSTEM TO SERVE THE AREA ON EAST GARFII~D STREET, SOUTH BOZEMAN AVENUE, EAST CLEVELAND STREET AND SOUTH ROUSE AVENUE, SAID STORM DRAINAGE PROJECT TO INCLUDE NECESSARY PIPE LINES, MANHOLES, DRAIN INLETS I AND OTHER NECESSARY APPURTENANCES. ---------- IVHEREAS, there has been filedv,ith the Clerk of the City Commission of the City COITilllission of the City of Bozeman, Montana, a petition in due form of certain owners of properties situated on the streets hereinbefore specified asking that a special improvement district be created for the purpose of constructing and installing a storm dr.'1inage system to include necessary pipe lines, manholes, drain inlets and other necessary appurtenant structures and incidental work thereto; and, ~JHEREAS, at a regular meeting of the City Commission of the City of Bozeman held on the 23rd day of Decomber, 1964, the aforesaid petition WaS respectively considered and granted; NOlil, 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 improvement district to be knmm and designated as Special Improvement District No. 449 of the City of Bozeman for the purpose of constructing and installing a storm dl'ainage ~>ystem to serve the area on East Garfield Street, South Bozeman Avenue, East Cleveland Street and South House Avenue, said drainage system to include necessary pipe lines, manholes, drain inlets and other nec8f)sary appurtenances. Section 2 Boundaries The boundaries of said Special Impro\€ment District No. 449 are described as follows: I Beginning at the center of Section 18, Township 2 South, Range 6 East, M.P.M.; thence westerly along the quarter line of said Section 18, being the southerly line of the NW~ of said Section 18 a distance of 790 feet more or less to the southwesterly corner of Lot 2 of Block J, University Subdivision of Bozeman, Montana; thence northerly along the westerly lot line of said Lot 2 a distance of l2J.51 feet to the north westerly COrner of said Lot 2; thence across East Lincoln Street to the southwesterly corner of Lot IJ of Block L. of said University Subdivision; thence northerly along the westerly lot lines of Lots IJ to 24 inclusive of said Block 4; to the northwest- erly corner of said Lot 24; thence northerly across East Garfield_Street to the southwesterly corner of Lot 5 of Block 5; thence northerly along the westerly lot lines of Lots 5 through 9 inclusive to the northwesterly corner of said Lot 9; thence in a northeasterly direction across Lot 10 to A point on the northwesterly line of said lot; said point being 25.75 feet southwesterly from the northerly cOrner of sA.id Lot 10; thence northeasterly being along a curve and along the northwesterly lot lines of Lots 10, 11, 12 and IJ of said Block 5 to a point 29.75 feet westerly of the northeasterly corner of Lot 13 of said Block 5; thence easterly along the northerly lot lines of Lots 13, 14, 15, 16 and 17 of said Block 5 and the northerly line of Lot 1 of Block 6, being the northerly line of said University Subdivision to the northeasterly corner of said University Subdivision; thence southerly along the easterly line of said University Subdivision and along the easterly line of the Nwk of said Section 18 a distance of 1931.45 feet to the center of said Section 18, being the true point of beginning; Including within the above described exterior boundaries the following Lots, Blocks and Tracts of land, to-wit: Lots 2 and .3 of Block 3, University Subdivision; Lots 13 through 24 inclusive of Block 4, University Subdivision; Lots 5 through 9 inclusive of Block 5, University Subdivision; Lots 11 through 17 inclusive of Block 5, University Subdivision; Lots 1, 2 and 3 of Block 6, University Subdivision; Lots 1 and I 2 of Block 7, University Subdivision; Lots 1 and 2 of Block 8, University Subdivision; Lot 1 of Block 1, University Subdivision Number 3; Lots 1 through 12 inclusive of Block 2, University Subdivision Number 3; unplatted portion of the East Half of the Northwest Quarter (EkNW~) of Section 18. Section 3 Character of Improvements Construction and installation of a storm drainage system to serve the area on East G2.rfield Street, South Bozeman Avenue, East Cleveland Street and South Rouse Avenue, said storm drainage project to include trench excfwation and backfill, necessary inlets, manholes and other appurtenant structures. :~S8 Section 4 Estimate 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 $35,000.00. Section 5 I Method of Assessment The cost of such improvement is to be assessed aga.inst the entire district, each lot or parcel of land Idthin the 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. Section 6 Payments That the payments for said improvements shall be made in ten (10) annual installments extending over a period of nine (9) 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. lt 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 Improve- ment District No. 449, as authorized by laH. 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. 449 Fund of the Cit;y 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. 449. Said bonds will draw a simple interest from the date of their registration until called for pr1.;y-ment, 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, Hevised Codef; of Montana, 1947, and all other applicable provisions of Title 11 of the Hevised Codes of Montana, 1947, relating to special improvement districts in cities and tQ'..vns, and any 3mendrnents thereof or thereto. Section 8 Protests and Notice I That the regular session of the City Commission of the City of Bozeman to be held at the Commission Chamber, City Hall Building, Bozeman, Montana, onVvednesday ,the 20th day of January 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 regularly made and filed against the creation of said proposed Special Improvement District No. 449, 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 m:=mner and fo l' the time as b;y law 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 23rd day of December, 1961. '?C/u--r--r--t--v/- Mayor ATTEST: - - - - NOTICE IN BE I COMMISSION RESOLUTION NO. 1163 OF THE CITY OF BOZE}1AN DECLAHING THE INTENTION OF THE CITY OF BOZEMAN TO Cr-lEATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AND DE- SIGNATED AS "SPECIAL IMPROVEMENT DISTRICT NO. 449". NO'rICE IS HEREBY GIVEN that on the 23rd day of December, 1964, at Ft regular session of the Commission of the City of Bozeman, Commission Eesolution No. 1163 entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROIEMENT DISTHICT TO BE KNO~m AS SPECIAL IMPROV~MENT DISTRICT NO. 449 OF THE CITY OF BOZEMAN FOn THE PUR- POSE OF CONSTRUCTING AND INSTALLING A STOr~ DRAINAGE SYSTEM TO SERVE THE AREA ON EAST GARFIELD STREET, SOUTH BOZEHAN AllENUE, SAID STOl1M DRAINAGE PROJECT TO INCLUDE NECESSARY PIPE LINES, MANHOLES, DRAIN INLETS AND OTHER NECESSARY APPURTENANCES. ~HB was passed and adopted. That ~'Jednesd2Y, the 20th day of January, 1965, a,t one o'clock p.m., at the Commission Room of the City Hall, Bozeman, Montana, is designated by Resolution No. 1163 as the time and place for heRring objections to the action proposed to be taken by said resolution Hhen and Hhere any and all persons whose property is within said proposed Special Improvement District No. 449 may appear and show cause, if any they have, against said proposed improve- ments. 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 this notice. I An approximate preliminary estimate of the cost of the storm drainage system, including all trench excavation, and backfill, all materials, installation costs, engin, eering and incidentals which is to be assessed on an actual area basis against the property within said district is $35,000.00. Payment for the improvements is to be made in ten (10) annual installments over a period of nine (9) years with interest in the deferred payments not to exceed six percent (6%) per annum, payable annually, but this shall not be construed to prevent pa.yment in full at any regular' payment date by any property owner. For a description of the boundRries of said Special Improverrent District No. 449, refer- ence is hereby made to Resolution No. 1163 of the Conunission 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 Bozeman, Sate of Montana, and open for inspection to all interested parties and the public genera.lly, This notice is given pursuant to the provisions of Section 11-2204, Revif;ed Codes of Montana, 1947. Dated this 23rd day of December, 1964. ~ /fif ~ /f>PiA./ . ,;;.....,~ erk of the C'ty Corom' ion First published in the Bozeman Daily Chronicle December 31st, 1964. - - - - I State of Montana ) County of Gallatin ) ss. City of Bozeman ) I, Erna V. Harding, Clerk of the Commission of The City of Bozeman, do hereby certify that Ute foregoing Notice was published at length in the Bozeman Daily Chronicle, a newspaper of general circulation printed a.nd published in said City in the issue of the 4th day of Januar,y 1965 and due proof of such publication is on file in my office. IN VVITNESS ~vHEREOF I hereunto set my hand and affix the corporate seal of my hand and And affix the corporate seal of my office this 8th day of Februa.ry, 1965. ~ // ~' ~ '~/( C erk of the Ci Commis~ on - - - - State of Montana ) County of Gallatin ) ss. City of Bozeman ) I, Erna V. Ha.rding, Clerk of the Commission of The City of Bozeman, do hereby certify that the foregoing Resolution No. 1163, \'Vas published by title and number in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City in the issue of 4th day of January, 1965 and due proof of such publication is on file in my office. IN WITNESS iJHEREOF I hereunto set my hand and affix the corporate seal of my office this 8th dny of February, 1965. I .