HomeMy WebLinkAboutResolution 1157 Creates SID No. 443
aHI7
COMMISSION RESOLUTION NO.
1157
A RESOLUTION OF THE CIrcr CorJiMISSION OF THE CITY OF BOZEMAN DECLARING IT
TO BE THE INTENTION or 'THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPRUVE.,.
MENT DISTHICT TO BE KNOWN AS SPECIAL IMPRUVEMENT DISTRICT NO. 443 OF THE
CITY OF BOZEMAN FOR THE PURPOSE OF' COK3TRUCTING AND INSTAL LING A PAVEMENT
PROJECT ON THIRTEENTH A VENUE SO UTH, FROM THE NORTHERLY LINE OF WEST KOCH S
STREET, NORTmmLY TO THE NORTHERLY LINE OF CORCORANS REARRANGEMENT OF
BLOCKS 3, 4, 5, and 6 OF WEST SIDE ADDITION 'ID THE CITY OF BOZEMAN, AW
I ON FOURTEENTH AVENUE SOUTH FROM THE NORTHERLY LIKE OF WEST KOCH STREET,
NORTHERLY TO rrHE NORTHERLY LINE OF CORCORAN '03 REARRANGEMENT OF BLOCKS
3, 4, 5, and 6 OF WEST BIDE ADDITION TO THE CITY OF BOZEMAN, SAID PA VE-
MENT PROJECT TO INCLUDE CONSTRUCTION OF DRAINAGE FACILITIES, INTREGAL
COnCRETE CURBS AND GTJTTERS, AND AN ASPHALTIC-CClFCRETE STJPFACE CUURSE,
AND OTHER WORK INCIDENTAL THERETO.
WHEREAS, there has been flIed with the (.Jlerk of the Vity Commission of the
City of .oozeman, Montana, a peti tion in due form of certain owners of properties
situated on Thirteenth Avenue South, from the northerly line of West Koch Street~
nor therly to the northerly line of Corcorans Rearrangement of Blocks 3,
4, 5~ and
6 of VVest Side Add:ition to the City of .....ozeman, and on Fourteen th Avenue South
from the northerly line of West Koch street, northerly to tile northerly line of'
Corcoran's Rearrangement of Blocks 3, 4~ 5 and 6 of' west Side Addition to
the Ci ty
of Bozeman, asking that a special improvement district be created for the purpose
of constructing and j.nstalling a pavement project to ir:clude me cons truc tion of'
drainage facilities, intregal concrete curbs and gutters and an asphal tic-concre te
surface course, and other work incidental thereto; and,
WHEREAS, at a regular meeting of the Liity Commission of
the Ci ty of Bozeman
held on the 25th day of November, 1004, the af'oresaid petition was respectively
I cnnsidered and granted;
NOW, THEREFORE, BE IT RESOLVED me THE CITY COMMISSION OF THE CITY OF BOZEi/:AN:
Section 1
Declaration of Intention
That it is hereby deCl1::tred to be tne intentio of the City of Bozeman to
create a special improvement diste:l;et to be known and desl..gnated as .;;)pecial Im-
proverrent District No. 443 of tne (Jity of Boze11'1an for the purpose of eonstrue"t:1ng
and :tnstallir'(': :3 pavement project on Thirteenth Avenue South, from the northerly
line of Wes~ Koen ~treGt, northerlY to the northerlY ~ine of Corcoran's Rearrange-
ment of B.Locks 3, 4, 5, and 6 of West Side addition to the City of .Jozeman, and
on Fourteenth Avenue South frum tm northerlY line of West Koch Street, northerly
to the nor"tnerly line of Corcoran's Rearrangement of Blocks 3, 4, 5, and 0 of
West Side Addition to the Vity of Bozeman. Said pavemeut project to include
construction of drain1::tge facilltles, intregal concrete curbs and gut;ters, Cf.nd an
asphal tic-concrete surface course, <:tnd othe r work inciden tal tnereto.
Section G
Boundaries.
The Boundaries of said S.f,.ieCial ImlJrovement District No. 443 are described
as fO.Llows:
Beginning a t a point.. said point being tue Nor"thwest corner
of Corcoran's RearrCf.ngemeut. of BlOCKS 3,4, and 6 of West
Side Addl "tion"Lo 130zemanC Mnntana; thence North 89054'>, West
I along the north line of orcoran's Rearrangement a distance
of 473.2 feet to a point, said point being the Northeast
corner of Lot 1, Block 4, Corcoran's Rearrangement; thence
South U052' West Along tne East Property lIne of Lots 1 and
3, Block 4, and Lots 6 and 3, Block 5, a distance of 451.5 feet
to a point, said poInt being tne Southeast corner of lot 3,
Block 5; thence South 89054 r Eas t along the North Line of
West Koch Street, said line crossino; Fourteenth Avenue
South and Thirteenth Avenue South a distance of 554.55 feet
to a point, said point being the Southeast corner of Lot 25,
BloC k 7 of Werre Rearrangemen t of VJes t Side Addi ti on; thence
in a northerly direction along the east property line of Lots
25 and 86, Block 7, and across the vacated West Curtiss Street
and continuing along the east line of Lot 7, Block 2, of the
Werre Rearrangement, a distance of 451.5 feet to a point, said
point being the Northeast corner of Lot 7, Block 2, Werre
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Rearrangement; thence North H9054' West a distance of 144.3 feet to the
point of beginning.
Including within the above described exterior boundaries the following lots
and tracts mf land, to wit:
Lots 25 and 26 of Block 7, Werre's Rearrangement of West
Side Addition; West Side Addition, Lot 7 of Block 2, Werre's
Rearrangement; Portion of vacated West Curtiss Street,
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Werre's Rearrangement, West Side Addition; Lots 1, 2, 3, and
4 of Block 3, Corcoran's Rearrangement of Blocks 3, 4, 5
and 60f West Side Addition; Lots 1, 2, 3, 4, 5, 6, '7 and
8 of block 6, Corcoran's Rearrangement of Blocks 3, 4, 5
and 6 of West Side Addition; lots 2 and 4 of Block 4, Cor-
coran's Rearrangement of Blocks 3, 4, 5, and 6 of Wes t Bide
Addition; Lots 1, 2, 7, and 8 of Block 5, Corcoran's Re-
Arransement of Block 3, 4, 5, and 6 of Was t S,ide Addi t1 on.
Section 3
Character of Improvements
Construction of pavement project on Thirteenth Avenue South, from the
Northerly line of West Koch Street, northerly to the northerly line of Cor-
coran's Rearrangement of blocks 3, 4, 5, and 6 of West Side Addition to
the <":ity of bozeman, and on Fourteenth Avenue South f'rom the northerly line
of Wes t Koch Stree t, nor therl y to the northe rly line of Cor~oran' s Rearrange-
ment of Blocks 3, 4, 5, and 6 of West Side Addition to the Vlty of bozeman,
sald pavement project to include construction of drainage facilities, intregal
concrete curbs and gutters, and an asphaltic-concrete surface course.
Section 4
Es tima te of Cas t
The prelimInary estimate of cost is $25,UUO.Uv, including all street ex-
cavation, all materials, ins talls tion costs and en gineering and inciden tals.
Section 5
Method of Assessment
The cost of such improvement is to be assessed agains t the entire dis tric t, I
each lot or parcel of land wi thin such district will be assessed for that part
of the whole cost which its linear feet of frontage on the improvement bears to
the linear feet of frontage of the entire distri.ct.
Section 6
Payments
The the payments for said improvements snaIL be made in twenty (20) a,nnua.l
installments extending over a periof of nineteen (19) years, but this snall 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 cons tructlon and installa tion of said improvemen ts with cash to be ob-
tained from the sale of bonds of said Specis.l Improvement District No. 443, as
authorized by law. Such bonds wil.l be in denominations of $lOU.OU each and
fractions or multiples of $lUU.UU where necessary, to be issued and chargeable
against a fund to be known and designated as Special Improvement District No. 443
Fund of the l.il ty of Bozeman, 'fhe bonds will be redeemable a t "the 0 ptlon of the
City, singly or in multiples, I:1.nl in ,the order of their registration, whenever
funds are available for that purpose in said Special Improvement District N0.
443. 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
instaliation of said improvement. The bo nds will be is sued and sOld in accordance
with the provisions of Section 11-2232 and Section li-22?1, Revi sed Codes of
Man tana, 1947, and all other applicable provisions of Title 11 of the Revised
Codes of Montana, 1';:147, rela t1ng to special improvement districts in C1 ties and
towns and any amendments thereof or thereto.
Section 7
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protests and Notice
That the regular session of ~he City Commission of the City of Bozeman, to
be he Id at the Commis si on Chamber, City Hall Building, Boz eman, Mon tans, on
Wednesday, the 23rd day of December, 1964, at the hour of ene o'clock P.M. of
said day, is the ttme and place, when and where the Clty Commission will hear and
pass upon all protests duly ~d regularly made and flIed against the creation of
said proposed Specia.l Improvement Dis trio t No. 443, the improvement proposed to
be made pursuant thereto <:1.I1d the extent and character thereof, or either thereof,
and the Jio ting Clerk of the City Commission be, a nd he is hereby directed to
give notice in the manner and for the t:lJ.n6 as required, of the adoption of this
resolution of intention.
'~r9
. :J..
ADOPTED by the Commission of the City of Bozeman, Montana, at a regular and
stated session of said Commission held on the 25th y 9f November, 1904.
I NOTICE IN RE
COMMISSION RESOLUTION NO. 1.157 OF THE CI TY OF BOZEMAN DE...
CLARH'G THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A
St'ECIAL DIPROVEJVIENT DISTRICT 'ID BE KNOWN ADN DESIGNATED
AS "St'ECIAL IMPROVEMENT DISTRICT NO. 443."
Notice is hereby given tJ:1a t on the 25th day of November, 1964, a t a
regular session of the Commission of the City of Bozeman, Commission Resolution
No. 115'7, en ti tled:
A RESOLUTION OF THE CITY COMMISSION OF 'IRE CITY OF BOZEMAN
DECLARING rl' TO BE THE INTENTION OF THE CI TY OF BOZEMAN rro
CREATE A SPECIAL IMt'ROVKMENT DISTRICT TO BE KNOWN AS
S~ECIAL IMPROVEMENT DISTRICT NO. 443, OF THE CITY OF BOZEMAN
FOR THE PURt'OSE OF C'NSTRUGTING AND INSTALLING A PAVEMENT
PROJECT ON THIRTEENTH AVENUE SOUTH, FRm~ 'THE NORTHERLY LINE
OF WEST KOCH STREET, NORTHERLY TO THE NORTHERLY LINE OF
CORCORAN'S REARRANGEMENT OF BLOCKS #3, 4, 5 and 6 of WEST
SIDE ADDITION TO T HE CITY OF BOZEMAN, AND ON FOURTEENTH
AVENUE SOUTH FROM THE NORTHERLY LINE OF WEST KOCH STREET,
NORTHERLY TO THE NORTHERJ..Y LINE OF CORCORAN 1 S REARRANGEMENT
OF BLOCKS 3, 4, 5 and 6 OF WEST SIDE ADDITION TO THE CITY
OF BOZm~AN, SAID PAVEMENT PROJECT 'ill INCL UDE CONSTRUCTION
OF DRAINAGE FACILITIES, INTREGAL CONCRETE CURBS AND GUTTERS,
4.ND AN ASPHALTIC-CONCRETE SURFACE COU RSE, AND OTHER WORK
INCIDENTAL THEP~TO.
I was passed and adopted.
That Wednesday, the 23rd day of December, 1964, at one o'cloCk P.M. at the
Commission Room of the C1 ty hall, Bozeman, Man tana, is designated by Resolution
No. 11.57 as the time and plaoe for hearing objeotions to the /:totioD proposed to
be taken by said resolution, when and where a.1l persons wnose property is wi thin
said proposed Special Improvement District No. 443 may appear and snow cause,
if any they have, against said proposed improveID9nt. Objections must be made in
writing and filed with the C.1erk of the City ~ommlssion not later tnan fifteen
(15) days after date of the first publication of this notice.
An approximate preliminary estimate of the cost of doing such work tl.nd
making such irprovements Wlthin said district, inclu:iing a.1l. street excavs'"Gion,
8.LJ. lIUt, Gsrials installation costs, engineering and incidentals, which is to be
special.ly assessed aga~!nst the property within said district is $25,OUO.Uu.
Cos ts of the project will be assessed a.geins t the en tire district, each lot or
parcel of land within such district will be assessed for that part of tue
whole c os t Which its .Linear fee t of f ron tage on the improvement bears to the
linear feet of frontage of the en tire dis trlct.
For a description of the boundaries of said Special Improvement D1strict
No. 443 reference is hereby mde to the Res:> 1utlon No. 115'1 of the Commission
of tne City of Pozeman decl.aring tbe intention ,to create said d1~trict, which
is on file in the office of the Clerk of said l.iomrnission in the (;1ty Ha.1l of said
City of .tlozeman, State of Montana, and open for inspect10n to a.1l interested
partie a and the public genera.1.1y.
This notice ia gl ven pursuant to the provisions of Section l.l"'2~v4, ReVised
Codes of Mon tans, 194'7.
Dated this 25th day of November, 1964.
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(/-{ J
ommis s ion
First published in the Bozeman Daily Chronicle December 6, ~~64
:\f70
Ste. te of Mon tana )
County of GaLLs tin) S8
City of bozeman )
~ Harold A. Frys~ie, Clerk of the Commission of the City of
Bozeman, do hereby certify that the foregoing Notice in Re,
Connniss ion Resulution No. 115'7 was pub~isned a t .Length in 'the
Bozeman Daily Chronicle, a newspaper of general clrcu~~tion I
pr:inted and published in said C1 ty in the issue of December 6th
thru December ivth, 1964, and due proof of such pub~1cat1on 1s
on f1 Ie in my offic e.
IN WITNESS WHEREOF I hereunto set my hand a ffix the oorpora te
sea~ of my nand and a.ffix the corpora te sea 1 of my office this
21st day of January, 1965
d" . - ..-) "
/ ~?~-"..I # (-;7:~~. "-V-L-C;?'"
Acting Clerk of t Commission
Resolution No. 1157 was killed due to the fact that 28.46% protesting
in the dlistrict of the propert'T effected asked to be a sS8ssed on an
Area Basls in place of the originally assessed frnnt foot basIs.
Resolution No. 1177 declaring it to be the intention of the C1 ty of
Bozeman to Create district No. 443 was substituted for No. 1157.
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