HomeMy WebLinkAboutResolution 1165 Creates SID No. 451
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COMMISSION RESOLUTION NO. 1165
A I1.ESOLUTION OF THE CITY COl-'IMISSION 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;~ AS SPECIAL IMPROVEMENT DISTRICT NUMBER 451 FOR THE PURPOSE OF THE CON-
STRUCTION AND INSTALLATION OF PAVING AND INTREGAL CONCRETE CURBS AND GUTTERS, NEC-
E;SSAHY EXCAVATION, GRAVEL BACKFILL, AND OTHER APPURTENANTdORK THEfiETO ON SOUTH
BOZEMAN AVENUE BETv~EN EAST GARFIELD STREET AND EAST LINCOLN STF&~T, A PORTION OF
EAST GARFIELD STREET FROM THE EASTERLY LINE OF SOUTH BALCK A VENUE AND A POINT 100
I FEET EASTERLY OF THE EASTERLY LINE OF SOUTH BOZEMAN STrillET AND A PORTION OF EAST
LINCOLN STREET AND A PORTION OF EAST LINCOLN STREET FROM THE EASTERLY LINE OF
SOUTH BLACK A VENUE TO A POINT 100 FEET EASTEI-rr,y OF THE EASTERLY LINE OF SOUTH
BOZEMAN A VENUE.
\V!iEREAS, there has been filed with the Clerk of the City Commission of the City of
Bozeman, Montan"" a petition in due form of certain owners of properties situated on
South Bozeman Avenue between East Garfield Street and East Lincoln Street, a portion of
East Gat'field Street from Ule easterly line of South Black Avenue and a point 100 feet
easterly of the easterly line of South Bozeman Street and a portion of East Lincoln
Street from the easterly line of South Black Avenue to a point 100 feet easterly of the
easterly line of South Bozeman Avenue, asking that a special improvement district be
created for the purpose of constructing Lmd installing as aspha.ltic-concrete pavement
project to include intreFal concrete curbs and gutters, and other work incidental
thereto; and
'tJHEREAS, at a regulP.i' meeting of the City Commission of the City of Bozeman held on
the 23rci d.ay of December, 1964, the ,gforesaid petition was respectively considered and
gx'anted;
NO'd, THEREFORE BE IT HESOLVED BY THE CITY COMHISSION 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 known and designated as Special Improvement District
No. 451 for the purpose of constructing and installing an asphaltic-concrete pavement
I project on South Bozeman Avenue between East Garfield Street and East Lincoln Street,
a portion of East Garfield Street from the easterly line of South Black Avenue and a
point 100 feet ea.sterly of the easterly line of South Bozeman Street and 1'1 portion of
East Lincoln Street from the eAsterly line of South Black Avenue to a point 100 feet
easterly oft,he e,o\sterly line of South Bozeman Avenue.
Said pavement project to include
construction and instn.llat:ion of intregal concrete curbs and gutters and necessary
appurtenances to said pAvement, and other vJOrk incidental thereto.
Section 2
Boundaries
The boundaries of said Special Improvement District No. 451 are described as follows:
Beginning at the northeRsterly corner of Lot 1 of Block 1 of University Subdivi-
sion Number 3 to Bozeman, Montana; thence southerly along the easterly line of said
Lot 1 a distq,nce of 100 feet; thence westerly parallel to and 100 feet Goutherly
diutant from the southerly line of East Lincoln Street to the easterly line of
South B18ck Awn ue; thence northerly along the easterly line of South Ble.ck Avenue
a (listance of 260 f~et; thence easterly parnllel to and 100 feet northerly distant
from the northerly line of EH::t Lincoln Street, a distance of 100 feet to the west-
erly line of Lot 14 of Block 4 of University Subdivision to Bozeman, Montana; thence
northerly along the westerly lines of Lots 14 through 23 of said Block 4 to a point
on said westerly line of said Lot 23, 100 feet southerly from the southerly line
of East Garfield Street; thence westerly parallel to and 100 feet distant southerly
from the southerly line of said East Garfield Street a distance of 100 feet to the
easterly line of South Glack Avenue; thence northerly along the easterly line of
said South Black Avenue a dist,mce of 260 feet; thence easterly parallel to and
100 feet northerly from the northerly line of said East Garfield Street through
Lots 3 and 6 of Block 5 of University Subdivision, across South Bozeman Avenue
to a point 100 feet easterly of the easterly line of South Bozeman Avenue; thence
southerly par,lllel to and 100 feet easterly of the easterly line of South Bozeman
I Avenue a distance of 160 feet to the northeasterly corner of Lot 1 of Block 2,
Uni verOc,ity Subdivision Number 3; thence southerly along the easterly line of said
University Subdivision Number 3 to the northeasterly corner of Lot 1 of Block 1
of said University Subdivision being the true point of beginning.
Containin:~ within the above described exterior boundaries the following Lots, Blocks
and parcels of land, to-wit;
Portion of Lot 1, Block 1, University Subdivision Number 3; all of Lots
1 through 12 inclusive of Block 2, lmiversity Subdivision Number 3;
portions of Lots 1, 2 and 3 of Block 3, University subdivision; all of
Lot 1; portions of Lots 2 and 11; all of Lots 12 to 24 inclusive of
Block 4, University Subdivision; portions of Lots 3 and 6 and all of
Lots 4 and 5 of Block 5, University Subdivision, portion of the unplatted
part of the Northv!est Quarter of Section 18, Township 2 South, Range
6 East, M.P.M.
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Section
3
Charact
er of Improvements
Construction of a p;wement project with intrega.l concrete curbs and gutters and
necessary appurtenances to said construction on South Bozeman Avenue between East Gar-
field and East Lincoln Street, a portion of East Garfield Street from
the easterly
line of South Black Avenue and a point 100 feet easterly of the easterly line of
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South Bozeman Street and a portion of East Lincoln Street from the easterly line of
South Black Avenue to a point 100 feet easterly of the easterl;y line of South Bozeman
Avenue, said pavement project to include construction of an asphaltic-concrete type
surface course, all necessary excavation, gravel backfill and other appurtena.nt work
thereto.
Section
4
Estimat
e of Cost
The preliminary estimate of cost is 1p47, 000. 00,
including all street excavation,
all materials, installation cor:;ts and engineerinp; and incidentals.
Section
, 5
Method
of Assessment
The cost of such improvement is to be assessed against the enti.re district,
each
lot or parcel of land within such district 1tlill be assessed for that part of the whole
cost,...Jhich its area bears to the are",. of the entire district exclusive of streets,
avenues, alleys and public pl:Jces, 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 improve-
ments herein provided for are to be made, sh,'311 bear double
the amount of the costs of
such improvement per square foot of such land that each sqUA.re foot of any other land
within the district shall bear.
Section
6
Extende
d District
The City Cormnission of the City of EOZ,eman does hereby find that the contemplated
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work IJnd improvement s are, in the opinion of the Ci t;y 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 contem-
plated improvements and that said district a.nd all lot s included therein shall be assessed
to pay the costs and expenses thereof.
Section
7
Payment
s
That the payments for said improvements shall be made in twenty (20) a.nnua.l 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 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. 451, as authorized by
law. Suerl bonds will be
in denominations of $100.00 each, and fractions or multiples of ~)lOO. 00 dhere necessary,
to be issued and chargeable against a fund to be known and designated as Special Improve-
ment District No. 451 Fund of the City of Bozemcm. The
bonds will be redeemable at the
option of the City, singly or in multiples,
a,nd in the order of their registration, when-
ever funds are available for that purpose in ~;aid Special Improvement District No. 451.
Said bonds will draw a simple interest from the datI'> of their registration until called
for pa.yment, at a rate not to exceed six percent (6%) per
annum, which interest sh,'lll
be chargeable as a part of the co st of construction and instFtllation of said improvements..
The bonds will be issued and sold in accordance witht.he provisions of Section 11-2232
and Section 11-22'11, Revised Codes of Mont am. , 1947, and all other applicable provisions
of Title 11 of the Revised Codes of Montana, 1947,
relating to special improvement
districts in cities and t01tffiS, and any amendments thereof or thereto.
Section
g
Protest
s and Notice
I
'rhE~,t the rer;ular session of the City Commission of the City of Rozrnnan to be held
at the Corrunission Chamber, City Hall Building, Bozeman,
Montana, on Wednesday, the
20th da.;)' of January, 1965,
at the hour of one o'clock p.m. of said day, is the time 2nd
place, when and where the City Commission will hear and pass un on all protests duly a,nd
regularly made and filed against the creation of said proposed Special Improvement Dist-
rict No. 451, 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 manner and for the time as by law required,
of the adoption of this resolution 0 f intention.
ADOPTED by the Commission of t.he City of B07-eman, Montana, at a regula.r and stated
session of said Commission held on the 23rd day of December, 1964.
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..-...
, Mayor
ATTEST:
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NOTICE IN RE
COMMISSION RESOLUTION
NO. 1165 OF THE CITY OF BOZEMAN DECLARING THE INTENTION
OF THE CITY OF BOZEMAN
TO CHEATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNO:JN
AND DESIGNA'rED AS
"SPECIAL IMPROVEMENT DISTRICT NO. 451."
NOTICE IS HEnERY
GIVEN that. on the 23rd day of December, 1964, at a regular session
of the Commission of the City of Bozeman, C"ommission Resolution No. 1165 entitled:
A RESOLUTION OF THE
CITY COMMISSION OF THE CITY OF BOZEMAN DEGLAHING IT TO
BE TffE INTENTION
OF THE CITY OF BOZEMAN, MONTANA, TO CREATE A SPECIAL IMPROVE-
MENT DISTRICT TO
BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NUMBER 451 FOIl. THE
PUhPOSE OF THE CONSTRUCTION
AND INSTALLATION OF PAVING AND INTREGAL CONCRETE
CURBS AND GUTTERS,
NECESSARY EXCAVATION, GRAVEL BACKFILL, AND OTHER APPUR-
TENANT;iJORK THERETO
ON SOUTH BOZEMAN AVENUE BETWEEN EAST GARFIELD STREET AND
EAST LINCOLN STREET,
A PORTION OF EAST GARFIELD STREET FROM THE EASTERLY LINE
OF SOUTH BLACK AVENUE
AND A POINT 100 FEET EASTERLY OF THE EASTERLY LINE OF
SOUTH BOZEMAN STREET
AND A PORTION OF EAST LINCOLN STREET FROM THE EASTERLY
LINE OF SOUTH BLACK
AVENUE TO A POINT 100 FEET EASTERLY OF THE EASTERLY LINE
OF SOUTH BOZEMAN
A VENUE.
was passed and adopted.
That vvednesday,
the 20th day of January, 1965, at one o'clock p.m., at the Corrunission
I Room of the City Hall, Bozeman, Montana, is designated by Resolution No. 1165 as tho time
and place for hearing objections to the action proposed to be taken by said resolution
when and where any and all persons whose property is I.Jithin said proposed Special Improve-
ment District No. 451 may appear and show cause, if any they have, against said proposed
improvements.
Objections must be made in 1l'iriting ,qnd filed with the Clerk of the City
Commission not later' than fifteen (15) days after date of the first publication of this
notice.
An approximate preliminary
estimate of the cost of the improvements to be made is
$47,000.00, including all street excavRtion, all materinls, installation costE; and engin-
eering and incidentals.
Payment for the improvements
is to be made in twenty (20) annual installments over
a period of nineteen (19) years with interest on the deferrecl payments not to exceed
six percent (6%) per annum, payable annually, but this shall not be construed to prevent
payment in full at any regular prwment date by any property owner.
For a description
of the boundaries of said Special Improvement District No. 451,
reference is hereby made to Resolution No. 1165 of the Corrunission of the City of Bozeman
declaring the intention to create said district, which is on file in the office of the
undersigned Clerk of sRid Commission in the City Hall of said City of Bozeman, State
of Montoncl, 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, Revised Codes
of Montana, 1947.
Dated this 23rd day
of Decerr~cr, 1964.
I First published in t~he BOLffiBn Daily Chronicle, December 31st, 1964.
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Sta.te of Montana )
I
County of Gallatin) SSe
Ci ty of Bozemrm )
I, Erna V. HfJrding, Clerk of the Commission of The City of Bozeman, do hereby certify
that the foregoing Hesolution No. 1165, was published by title a.nd munber in the Bozeman
Daily Chronicle, a newspaper of general circulation printed and published in said Cit;y
in the issue of 4th day of January, 1965, and due proof of such publication is on file
in m;y office.
IN WITNESS ~^iHEHEOF I hereunto set my hand and affix the corporate seal of my office
this 8th day of February, 1965.
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Clerk
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