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HomeMy WebLinkAboutResolution 1120 Creates SID No. 441 ----.--- 2~(4 COMMISSION RESOLUTION NO. 1120 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN DECLARING IT TO BE TIm INTENTION OF THE CITY OF BOZEMAN TO CREATE A SJ:1ECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS S~ECIAL IM~ROVEMENT DISTRICT NO. 441 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRlTCTING AND INSTALLING A PAVEMENT PROJECT ON NORTH ELEVENTH AVENUE BETVVEEN WEST MAIN STREET AND DTJRSTON ROAD, SAID PA VE~.1ENT PROJECT TO INCLUDE CON" I STRUCTION AND INSTALLATION OF A STORM SEWER LINE, COM" BINA TION CONCRETE CTJRBS AND GUTTERS, GRAVEL BASE COURSE, CRUSHED GRAVEL CUSHION COTJRSE AND AN ASPHALTIC-CONCRETE TYJ:1E SURFACE COURSE. WHEREA S , there has been filed with the Clerk of the City Commission of the City of Bozeman, Montana, a petition in due form of certain owners of properties situated on North Eleventh Avenue between West Main Street and Durston Road, asking that a special improvement district be created for the purpose of constructing and installing a pavement pro.1ect to include the construction and installation of a storm sewer line, combination concrete crubs and gutters, gra vel base course, crushed grl:i. vel cushion course and an asphaltic-concrete type 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 3rd day of June, 1964, the aforesaid petition was res- pectivelY considered and granted: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COM]I,~ISSION OF THE CITY OF BOZEMAN: Section 1 Decl~r~tlon of Intention That lt is hereby declared to be the intention of the City of Bozeman to create a special im.f:.lrovement d.istrlci.. tiobe mown and designated as Special Improvement Distr:l.ct No. 441 of the Cit:v of Bozeman for the purpose of constructing and insta~llng a pavement project on North Eleventh Avenue I between West Main street and Durston Road. Said pavement project to include construction and installation of a storm sewer line, combination concrete curbs and gutters, gravel base course, crushed gravel cushion course, and an aspha 1 tic-concrete type surface course, and other work incidental thereto. Sec tion 2 Boundaries The boundaries of said special Improvement District No. 441 are described as follows: Beginnin~~ at a point on the southerly line of Block 4 of the Springbrook Addition to the City of Bozeman, Montana, said point being 100 feet easterly of the southwesterly corner of Lot 13 of said Block 4; thence northerly parallel to and 100 feet distant easterly from the weserlY line of said Block 4 a distance of 15U feet to the southeasterly corner of Lot 14 of said Block ~; thence continuing north- erlY along the westerly line of the north-south alley of said Block 4, across West Mendenhall Street to the southeast- erly corner of Lot 13 of Block 5 of said Springbrook Addition; thence continuing northerly along the westerly alley line of said Block 5, and across West Lamme Street to the southeasterlY corner of Lot 9 of Block 12; thence northerly along the wes terJ.Y line of the alle y of said Block 12 and across West Beall Street to the southeasterly corner of Lot 4, Block 4, of the Brunton-Palffy Rearrange- ment of the Durston Subdivision; thence northerLY along the westerly alley line of said Block 4 and across West Villard Street to the southeasterly corner of Lot 12 of I Block 1 of said Brunton-Palffy Rearrangement; thence con- tinuing northerly along the westerlY line of the alley of said Block I and said line extended to the centerline of Durston Road; thence westerly along the centerline of Durston Road a distance of 316 feet to a point lIe feet westerlY of the northerlY one-~uarter corner of Section 12, TownShip 2 South, Range 5 East; thence southerlY parallel to and 118 feet distant westerlY from the one-4uarter section line being the westerly line of the said Brunton- Palffy Rearrangement of Durston Subdivision to the point " 2'75 of intersection with the south line of the Northeast Quarter of the Northwest Quarter (NEtNWt) of Sec tion .12, Tovmship 2 South, Range 5 East; thence easterLY along said one- sixteenth line a distance of 18 feet; thence southerly parallel to and luO feet distant westerly therefrom, the north-south one-quarter line of said Section 12 to the point of intersection with the centerline of Main Street I also known as U. S. Highway 191; thence easterly along said centerline of Main Street to a point of intersection with the wester.1y .line of Block 4 of said Springbrook Addition if said line were projected southerLY. Containing within the above described exterior boundaries the following lots and tracts of Land, to-wit: The westerLY lu feet of Lot lV and all of Lots 11 through 19 inC.1usive of Block 4, Lots 13 through 24 inclusive of Block 5, Lots 9 through l6 inc.lusive of Block 12, a.ll in the Springbrook Addition to Bozeman, Montana, a.lso Lots 1 through 4 inC.1usive of Block 4, Lots 1 through l2 inclusive of Block 1 a.1l in the Brunton-Palffy Rearrangement of the Durston Subdivision, a.lso a portion of the Northeast Quarter of the Northwest Quarter (NEtNWt) and a portion of the Southeast Quarter of the Northwest Quarter (SEtNWt) of Section 12, Township 2 South, Range 5 East, M.P.M. Section :3 Character of Improvements Construction of a pavement project on North Eleventh Avenue between West Main Street and Durston Road, said pavement project to include construction and insta.1lation of a storm sewer line, combination concrete curbs and gutters, grave.1 base course, crushed grave.l cushion course, and an asphaltic-concrete type surface course. Section 4 Es tima 'tEl of Cos t I The preliminary estimate of cost is $78,UUO.uu, inc.ludin,': all street ex cava tion, all ma terials, installation costs and engineering and incidentals. Section 5. Method of Assessment The cost of such improvement is to be assessed against the entire dist~ ri c t , each lot or parce~ of .land within such district wi.1l 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 Pa ymen ts That the payments for said improvements shall be made in twenty (2u) _nnual instal.1ments extending over a period of nineteen (19) years, bu t this shaL~ 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. 441, as authorized by law. Such bonds will be in denominations of $lUU.UU each and fractions or multiples of $lUu.uU where necessary, to be issued and chargeab.1e against a fund to be !mown and designated as Special Improvement District No~ 441 Fund of the City of Bozeman. The bonds will be redeemable at the option of the Ci ty, singly or in multiples, and in the order of their registration, whenever funds are aVailab.le for that purpose in said Special Improvement District NQ. 44l. Said bonds will draw a simple interest from the date of their registration until called for payment, at a I rate not to exceed six percent (6%) per annum, which interest shall be chargeab.1e as a part of the cost of construction and installation of said im,provement. The bonds wilL be issued and sold in accordance with the pro- visions of Section 11~2232 and Section ll-227.l, Revised Codes of Mont8na, 1947, and all other appLicable provisions of Tit.le lL of the Revised Codes of Montana, 1947, re.lating to special improvement districts in cities and towns and any amendments thereof or thereto. See tion 7 ~rotests and Notice That the regular session of the City Commission of the City of Bozeman, 276 to be he~d at the Commission Chamber, City HaLL BuiLding, Bozeman, Montana, on Wednesday, the 24th day of June, 1964, at the hour of one o'ciock p.m. of said day, is the t~and place, when and where the City ComITission wil~ hear and pass upon alL protes ts dULY and regulariY made and f1.ied agains t the creation of said proposed Special Improvement District No. 441, the improve- ment proposed to be mHde pursuant thereto and the extent and character there- of, or either thereof, and the Clerk of the City Commission be, and he 1s hereby directed to give notice in the manner and for the time as required, of the adoption of this resolution of intention. ADOPTED by the Commission of the City of Bozeman, Montana, at a reguLar I and stated session of said Commission heLd on the 3rd day of June, 1964. 5/ R. Harry Morrow Ma yor ATTEST: 3/ C. K. WiLson CLerk of the City Commission ------- NU'I'ICE IN RE COMMISSIUN RESOLnTION NO. 1120 OF THE CITY OF BOZEMAN DECLARING THE IN~~NTION uF THE CITY UF BOZEMAN TO CREATE A St'ECIAL n~t'ROVEMENT DISrrRICT TU BE KNOWN AND DESIG- NJ1'l'ED AS "St'ECIAL n~1-'ROVE~KENT DISTRICT NU. 44L." Notice is hereby given thl::!.t on the 3rd day of June, i964, at a reguLtlr session of the Commission of the City of Bozemtln, Commission Resolution No. 112u, en ti tLed : I A RESULUTION OF THE CITY CUMMISSION OF THE CITY OF BOZE~fAN DECLA~ING IT TO 13E THE INTENTION OF rmE CITY uF BUZEMAN Tu CREATE A St'T~CIAL IMt'ROVEMENT DISTRICT TO BE KNOWN AS St'ECIAL IMPROVEMENT DISTRICT NO. 441 OF THE CITY OF BOZEMAN FOR THE PUR1-'OSE OF CONSTRUCTING AND INSTALLING A t'AVEMENT 1-'RO.TECT ON NORTH ELEVENT'{ A VENUE BETI}VEEN WEST MAIN STREET AND DURSTON ROAD, SAID t'AVEM:'~NT 1-'RO.TECT TO INCLUDE CUN- STRUCTION AND INSTALLATION uP A STORM SEWER LINE, COM- BINATION CONCRETE CURBS AND GUTTERS, GRAVEL BASE COURSE, CRUSHED GRAVEL CUSHION CUURSE AND AN ASt'HALTIC-CONCRETE TYt'E SURF'ACE COURSE. was passed and adopted. That Wednesday, the 24th day of June, 1~64, at one o'Clock p.m. at tne Commission L1.oom of the C1'tytlaLi, Bozeman, Montana, is designated by Reso- Lution No. 112() as the time and place for hearing ob,jections to the action proposed to be taken by said resolution, when and where aLL persons whose property is within said proposed SpeciaL Improvement District No. 441 may appear and show cause, if any they have, against said proposed improvement. Ob,jections must be made in writing and filed with the Clerk of the City Commission not later than fifteen (L5) days after date of the first publi- cation of this notice. An approximate preLiminary estimate of the cost of doing such work and making such improvements within said district, including all street excavation, a~l materials, installation costs, engineering and incidentals, which is to be specia~ly assessed against the property within said district is ~78,uuu.OO. Costs of the project will be assessed against the entire district, on an actual area basis. 1-'ayment for the improvements is to be made in twen ty I equal annual instalLments. For a description of the boundaries of said Specia~ Improvement Dist- rict No. 441, reference is hereby made to the Resolu.tion No. 112u of the Commission of the City of Bozeman decLaring the intention tocreate said District, which is on fi~e in the office of the undersigned CLerk of said Commission in the City HalL of said City of Bozeman, State of Montana, and open for inspection to ~ll interested parties and the public generally. This notice is given pursuant to the provisions of Section ll-22u4, 2f7f7 I Revised Codes of Montana, 1947. DAted this ~ day of June, 1964. C. K. Wilson Clerk 01" the C:ity Commission First published in the Bozeman DailY Chronic~e June 5th, .L 964 . ------- S ta te of Mon tana ) County of GAllatin) SSe Ci ty of Bozeman ) I, C. K. Wilson, Clerk of the Commission of The City of Bozeman, do hereby certify that the foregoing Resolution Nocit No. 1l20, was published at length in the Bozeman Daily ChroniCle, a newspaper of general circulation printed and published in said City in the issues of June 5th thru June lOth, 1964, inclusive, I and due proof of such publication is on file in my office. IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my office this 12th day of June, 1964. ~ ~~~/ Clerk 0 the City ommrBsion - - - I