HomeMy WebLinkAboutResolution 1121 Creates SID No. 435
2\78
COMMISSION RESOLUTION NO. L121
-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN
DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZE1MN TO
CREATE A SPECIAL IMPROVE1I~ENT DISTPICT TO BE KNOWN AS
SPECIAL IMPROVE~ffiNT DISTRICT NO. 435 OF THE CITY OF
BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING A
PAVEMENT PROJECT ON EAST LAMME STREET FROM NORTH CHURCH
AVENUE TO NORTH BROADWAY AVENUE, EAST DAVIS STREBT FROM I
NORTH CHrffiCH AVENUE TO NORTH BROADWAY, EAST FRIDLEY STREET
FROM NORTH CHURCH A"I.lENUE TO NORTH BROADWAY AVENUE, EAST
PEACH STRE;ZT FROM NORTH ROUSE AVENUE TO NORTH PLUM AVENUE,
EAST ORANGE STREET FROM NORTH IDA AVENUE TO NORTH PLUM
AVENUE, AVACADO STREET FROM NORTH PLUM AVENUE TO NORTH
BROADWAY AVENUE, NORTH IDA AVENUE FROM EAST FRIDLEY STREET
TO EAST PEACH STREET, NORTH PLUM A\~NUE FROM EAST LAMME
STREET TO EAST PEACH STREET, AND NORTH BROADWAY AVENUE PROM
EAST ME1mENHALL STRE2T TO AVACADO STREET, SAID PAVE1illNT
PROJECT TO INCLUDE CONSTRUCTION AND INSTALLATION OF A STORM
SEWE":R LINE, COMBINATION CONCRETE CURBS AND GUTTERS, GRAVEL
BASE C OTJRSE, CRUSHED GHA VEL CUSHION COURSE AND AN ASt'HALTIC
CONCRETE TYPE SURFACE COURSE.
WHEREASB there has been fi~ed with the C!erk of the City Commission of
the Ci ty of ozeman, lVlontana, a petition in due form of certain owners of
properties situated on East Lamme Street from North Church Avenue to North
Broadwav Avenue, East Davis ,.,jtreet from North Church Avenue to North Broadway,
East Fridley Street from North Church Avenue to North Broadway Avenue, East
Peach Strret from North Rouse Avenue to North Plum Avenue, East Orange Street
from North Ida Avenue to North Plum Avenue, Avacado Street from Nortn Plum
Avenue to North Broadway Avenue, North Ida Avenue from East Frid~ey Street
to East Peach Street, North Plum Avenue from East Lamme Street to East Peach
Street, and North Broadway Avenue from East Mendenhall Street to Avacado Street,
asking that a special improvement district be created for the purpose of constr-
ucting and installing a pavement project to incLude the construction and install-
ation of a storm sewer line, combination concrete curbs and gutters, gravel base
course, crushed graveL cushion course and an aspha!tic-concrete type surface
dourse, and other work incidental thereto; and I
WHEREAS, at a regular meeting of the City Commission of the City of
Bozeman held on the 15th daK of April, 1964, the aforesaid petition was respect-
ively considered and grante ;
NOW, THEHEFORE, BE IT RESOLVED BY 1'HE CITY (DMMISSION OF' THE CITY OF BOZE-
MAN:
See tion 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. 435 of the City of Bozeman for the purpose of con-
structing an:l installing a pavement pro,ject on "Rast Lamme Street from North
Church Avenue to North Broadway Avenue, East Davis Street from North Church
Avenue to North Broadway, H~ast Fridley Stree t from North Church Avenue to North
Broadwa y A venue, Fast Peach Street from North Rouse Avenue to North Plum Avenue
East Orange Street from North Ida Avenue to North Plum Avenue, Avacad9 street
from Nor~h Plum Avenue to North Broadway Avenue, North Ida Avenue from Rast FridLey
street to East PeaCh street, North Plum AVenue from East Larrnne Street to East
Peach street, and North Broadway Avenue from F:ast Mendenhall Street to Avacadb
Street. Said pavement project to include construction and installation of a
storm sewer !ine, combinction concre te curbs I::t.nd ?:u t tel's, gravel base course,
crusned gravel cushion course, an:1 an aspha..Ltic-concrete type surface roourse,
and other work incidentaL theyeto.
Section 2.
Bounda ries
I
The boundaries of sa 1d Specio...I. I'!Jrovement Dis tric t No. 435 I:lre described
as follows:
Beginning a t the southwesterLY c orner of Lot 24 of Ihock L19 of the Northern
Pacific Addition to Bozeman, Montana; thence northerly I:llong the westerly
line and s<::tid westerlY .Line of Lot 24 extended to the center line of the
a!ley of said BLOCk 119; thence easterlY along the center Lines of said
Block 119 and of B!ocks lv7, 106 Hnd 100 of the Northern Pacific Addition
to the northwesterly corner of Lot 15 of said Block 100; thence continuing
easterly a!ong the lot line common to Lots 14 and 15 of said Block !uO to
the point of' intersection 1!'lith P!um Street; thence s outheaster..LY' acros s
said Plum Street to the southwesterLY corner, of Lot 3 of Block 53 of said
Northern Paclfic Addition; thence continuing southeas ter~y along the south-
westerly lot line of Lots 3 to 16 incLusive of said BLock 53 to the south-
easterly c of said Lot !6; thence southeasterLY across North Broadway
~ orner
-"
2~79
Avenue to the southerly corner of Lot 2 of Biock 49 of said Northern Pacific
Addition; thence continuing southeasterly a long the southerly .Lot .Lines
of Lots 2 to 9 incLusive of said Block 49 a distance of .L80'+ to a
point
on the southerly line of Lot 9 of said Block 49; thence southerly along the
westerly line of the north and south a.Lley of said Block 49, across Fridley
street and along the ea E' terly lot lines of Lots 1 to 16 inclusi ve of Block
46, Northern Pacific Addition; thence across Davis Stree t to
the northeasterly
corner of Lot I of Block 41 of said Northern Pacific Addition; thence in
I a southerly direction along the easterlY lot lines. of Lots 1
thru 14 inclu-
sive of said Block 41; thence across Lamme street to the northeasterly corner
of Lot 1 of Block 33 of the Northern Pacific Ac~dition; thence southerly along
the easter.LY lot l:i.nes of Lots 1 thru 12 inclusive of said Block 33; thence
continuing souther.LY to a point of intersec t.ion wi th the centerline of Menden-
r..all Street; thence westerly along the centerline of said Mendenhall Street
to a point of interse(~t ion wi th the centerline of the north-south a lley of
Block 32 of said Northern Pacific Addition if projected southerly; thence
northerly ctlong the centerline of said north-south alley of said Block 32
to a point of intersection with the centerline of the east-west 811ey of
said Block 32; thence westerl.Y along the centerline of said alley and said
ailey projected a distance of 165 feet more or less; thence northeasterly
to a point of intersection with the centerline of the alley of Block I of
Rouses Addi tion to the City of Bozeman; thence westerly ctlong the
center-
line of the alleys of Blocks I and H of said Rouse Addition and said center-
line extended to a pOint of intersection wi th the centerline of North Church
Avenue; thence in a northerly direction along the centerline of said North
Church /\ venue, across Lamme Street alone: the centerline of said North Church
Avenue to a point i5u feet distant from the northerly .Line of Davis Stree t;
thence easter.LY parallel to and 15U feet distant North of the northerly
street line of Davis Street a distance of 865 feet more
or .Less to a point
which is i50 feet westerly at right angles from the westerlY street line
of Plum Avenue; thence northeasterly parallel to and 15u feet northwesterly
there from at right angles a distance of 89 feet more or less to a point
15u feet southerly at right angles from the souther.LY street iine of Fridley
Street; thence westerly parallel to and 15u feet distant south of t.he southerlY
line of said Fridley street a distance of 885 feet more
or less to a point
of intersection with the center line of North Church Avenue;
thence northerly
a.Long the centerline of said North Church/J,venue to a point .L5U feet northerly
of the northerly street line of Fridley Street; thence easterlY parallel
to and 150 feet distant north of the norther.LY line of said Fridley Street
I a distance of 573 feet to the centerline of the eastorlY alley of Block 7
of the Babcock and Davis Addi tion to the C~. ty of Bozeman, Montana,
said
alley lying between Wallace and Brady Avenue; thence northerly along said
centerline of said alley a distance of 5u feet; thence easterly along the
northerlY line of the east-west alley of said Block 7 a distance of 174..Ltl
feet more or less to a point l5u feet wester.LY of the we
terlY street line
o f Ida )\venue; thence northe rlY pa ra .Lle.L to and 15u feet wes te rlY there of
the westerly l.ine of sC1id Idtt Avenue a distance of 299 feet to a point 15u
feet southerly from at right anglss, the southerly line of Peach Street;
thence westerly parallel to and 15u feet distttnt souther.LY from the SOuther-
ly street line of said Peach St.....eet a distance of 1116.02 feet more or less
to the easterly street .Line of Porth Rouse Avenue; thence northerly along
said easter.LY street line and along said street line projected northerly
across Peach Street to the southwesterly corner of Lot 24 of Block 119 of
the said Northern Pacific Addition to Bozetllttn, Montana,
being me point
of beginning.
Including within the above described lots, blocks, tracts and parcels of
land as st:own bel.Ow;
La ts 1 to 17, B.Lock 32; Lots 1 to 21, Block 33; Lots 1 to 14,
Block 41;
Lots 1 to 32, Block 42; Lots 1, 2 and 3 Block 43; Lots 1 to 15,
Block 44;
Lots 1 to 32, Block 45; Lots .L to 16, Block 46; Lots 28
to 42, Block 49;
Lots 1 to 24, Block 50; Lots 1 to 18, Block iSl; Lots
1 to 23, Block 52;
Lots 17 to 34 and vac~ted alley of Block 53; Lots Ib to 28, Block lOu;
Lots 17 to 3G, Block .LU6; Lots 11 to 32, Block lU'(; and Lots 13 to 24,
R.Lock
119; a.Ll in the Northern Pacific Addition; Lots 15 to 28,
Block H; Lots
.L5 to 28; Block I in Rou~e's First ddition; a portion of Lot 6,
Block l.;
all 0 f La ts 1, 2, 3, 4, 5, 6,
'1, 8, 9, 10, 11, 12,
13, 14, is, 16, 17, Itj,
19, 2U, 21, ~2, 23 and 24 in Block 2; Lots i, 2, 3, 4,
6, 7, 8, iO,
11,
IG, and 13 in Block 3; all of Lots .L.L, 12, 6,
'1, 8, and portions of 1 thru
5, 9, lU and 13 in Block 4; ttll of Lots 1, 2, 3,
4, .L1, 12, l;~, 14
in Block
I 5; and portions of Lots 5; and portions of Lots 5, 6,
'1, 8, 9 and 10 in
Block 5; all of Lots 1, 2, 3, 4,
band 6 and all of Tract 1 and 2 and a
portion of 3 and 5 of Block 6; portions of Lots 2, 3, 4, Sand
ai.L of 6 and
'1; ai.L of t rac ts 1, 2, 3, 4, and 5 of portion of Lot 1 of Block 7, al.L in
Babcock-Davis Addition; ail of Lots A, B, E,
F, G, H, I, <T, K and portion
of Lot C of Brady's Rearrangement of a portion of Lot .L, B.LOCk 'I of Babcock-
Davis A;:i.dition; all of tracts 1, 2, 3, and a portion of tra c ts 4 and 5 in
Perkins and Stone ~ract.
-..,.
--.-...---
:l80
Section 3
Character of Improvements
Construction of a pavement project on East Lamme Street from North Church
Avenue to North Broadway- Avenue, East Davis Street from North Church Avenue to
North Broadway, East Fridley- :3treet from North Church Avenue to North Broadway
Avenue, East Peach Street from North Rouse Avenue to North P.lum Avenue, East
I
Orange Street from North Ida Avenue to North Plum Avenue, Avac~do Street from
North P.lum Avenue to North Broadway Avenue, Nort;h Ida Avenue from East Fridley
Stteet to East PeaCh Street, North f.ium Avenue from Er.st Lamme Street to East
Mendenha.il Stree t to Avacado Stiree t, said pMement project to include construction
and insta.i.iation of a storm sewer .line, combination concrete curbs and gutters,
~'"ravel base course, cru shed gra ve.l cUShion course, and an aspha.ltic-concrete
tYVe surface course.
Sec t;1. on 4
Est1mate of Cost
The pre.liminary estimate of cost is $326,VVV.Uv, inc~uding a.i1 street
excl:Lvation, a.il ma ter i~.iS , insta.ilatlnn Costs and engineering and incldenta.ls.
Se c t1 on 5
Method of Assessment
The cos t of suCh improvements 1s to be assessed arjHinst the entire district,
Bach lot or prace.i of land wj_thin such c:.istrict bordering or abutting on street
or streets whereon or wherein the improvement or improvements have been made,
to be assessed for its part of the whole cost in proportion to the
lineal fee t
abutting or bordering same.
Section 6
.Paymen ts
Tha t the payments for said improvemen ts shall be made in twenty (GU)
annual
ins ta 11men ts extending over a period of nineteen (.l9)
years, but this sha.il not
be construed to prevent pe yment in full at Hny regular payment da te by any prop-
I
erty owner who desires to do so. It is proposed to pay the en tire
cos t and ex-
pense of the construction and insta.l.iatlon of said improvements witn cash to be
obtained from the sa le of bonds of s aid Spa cial Improvement District No.
435
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.
435. Said bonds will draw a simple interest from the date of their registration
until called for payment, a t 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 w ill be issued and sold in accordance
with the provisions of Section 11-2232 and Section 11-2271, Revised Codes of
1tontana, .i947, and all o the I' a pplica b.ie provisi ons of Title 11 of
the Revised
Codes of Montana, 1947, re 1n. ting to spe cia.i improvemen t dis tric ts in cit
ies and
towns and an y amendmen ts th 81" eof or the I' eto.
Section '/
Protests and Notice
That the regu.iar session of the City Co~mission of the city of Bozeman,
to be held at the Commission Chamber, Cit;' Hall Building, Boz eman,
Montana, on
Wednesda y, the 24th da y of ,Tune, 1964, at the hour of one o'clock
p.m. of said
day, is the time and p.lace, when aOO where the City Commiss:ton
will hear and
pas s upon a 11 protests duly and regularly made and ['tled against the creation
of said proposed Special Improvement District No. 435, then improvemen
t proposed
to be made pursuant there to and the extent and character
there of, or either
thnreof, and the Clerk of the City Commission be, and he
is hereby directed to
give notice in the manner and for the time as required, of
the adoption of this
res olu tion of in ten tlon.
ADO PTED by the Commiss Ion of tl:1e Ci ty of Bozeman,
Mnntana, at a regular
and stated session of said Commission he.id on the 3rd day of June,
1964.
I
s/ R. Harry Morrow
Ma yor
ATTEST:
s/ C. K. Wilson
Clerk of the City Commission
...-..--
----.-.- .---
2Hl
NOTICE IN RE
COMMISSION RESOLUTION NO. 1121 uF THE CITY OF BOZEMAN
DECLARING THE INTENTION OF THE CITY OF BOZEMAN TO CREATE
A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AND DESIGM
NATED AS "Sr'ECIAL Dh'ROVEMENT DISTRICT NO. 435."
I Notice is hereby given that on the 3rd day of June, J.Y64, at a reguJ.ar
session of the Commission of the City of~zeman, Commission Resolution No. 1121,
en ti tled :
A RESOLUTION OF TIm CITY COMMISSION OF THE CITY OF BOZEMAN
DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO
CREATE A Sr'ECIAL I~PROVEMENT DISTRICT TO BE KNOWN AS
SPECIAL B!'PROVEMENT DISTRICT NO. 435 OF THE CITY OF
BuZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING A
PA \TE~e1ENT PROJECT ON EAST LAMME STREET FROM NORTH CHURCH
AVENUE TO NORTH BROADWAY AVENUE, EAST DAVIS STREET FROM
NORTH CHURCH AVENUE TO NORTH BROADWAY, EAST FRIDLEY STREET
FROM NORTH CHURCH AVBNUE TO NORTH BROADWAY AVENUE, EAST
PEACH STREET FROM NORTH ROUSE AVENUE TO NORTH PLUM AVENUE,
EAST ORANGE STREET FROM NORTH IDA AVENUE TO NORTH PLUM
AVENUE, AVACADO STREET FROM NORTH PLUM AVENUE TO NORTH
BROADWAY AVENUE, NORTH IDA AVENUE FROM EAST FRIDLEY STREET
TO EAST PEACH STREET, NORTH PLUM AVENUE FROM EAST LAMME
STREET TO EAST PEACH STREET, AND NORTH BROADWAY AVENUE FROM
EAST MENDENHALL STREET TO AVACADO STREET, SAID PAVEMENT
PROJECT TO INCL1IDE CONSTRUCTION AND INSTALLATION OF A STORM
SEWER LINE, COMBINATION CONCRETE CURBS AND GUTTERS, GRAVEL
BASE COURSE, CRUSHED GRAVEL CUSHION COURSE AND AN ASEHALTIC
CONCRETE TYPE SURFACE CUURSE.
was passed and adopted.
That Wednesday, the 24th day of June, 1964, at one o'clock p.m., at the
Commission Room of the City Ha.1l, Bozeman, Montana, is designated by Resolution
No. 1121 as the time and p.1ace for hearing objections to the action proposed to
be taken by said resoiution, when and where a.11 persons whose property is within
said proposed Special Improvement District No. 435 on East Lamme Street from
I North Church Avenue to North Broadway AvenueS Eas t Davis street from North Church
Avenue to North Broadway Avenue, East Peach 'treet from North Rouse Avenue to
North Plum Avenue, East Qrange Street from North Ida Avenue to North Plum Avenue,
Avacado Street from North Plum Avenue to North Broadway Avenue, North Ida Avenue
from East Fridley Street to East Peach Street, North Pium Avenue from East Lamme
Street to East Peach Street, and North Broadway Avenue from East Mendenhall Street
to Avacado Street, may appear and show cause, if any they have, against said pro-
posed improvement. Objections must be'made in writing and filed with the Cierk of
the City Commission not .later than fifteen (lb) days after date of the first pubii-
cation of this notice.
An approximate preiiminary estimate of the cost of doing such work and makM
ing such improvements within said district, in~luding all street excavation, ail
materials, insta.llation costs, engineering and incidenta.ls, which is to be spec-
ially assessed against the property within said district is $326,UOO.UO. Costs
of the project will be assessed against the entire district, each lot or parcel
of .land within such district bordering or abutting on street or streets whereon
or wherein the improvement or improvements have been made, to be assessed for its
part of the whole cost in proportion to the linea.l freet abutting or bordering
same. Payment for the improvements is to be made in twenty equal annuai
installments.
For a description of the boundaries of said Special Improvement District
No. 435, reference is hereby made to Resolution No. 1115 of the Commission of the
City of Bozeman deciaring the intention to create said District, which is on fiie
in the office of the undersigned Clerk of said Comnission in the City Ha.1.l of said
City of Bozeman, State of Montan~, and open for inspection to a.ll interested
parties and tne ~ublic generally.
This notice is given pursuant to the provisions of Section 11-2204, Revised
Codes of Montana, H~4'1 .
Dated this ~ day of June, 1~64.
I
C. K. Wilson
Clerk of the City Commission
First published in the Bozeman Daily Chronicle June 5th , 1964.
:lH2
I
;
..-....--
State of Montana )
County of Gallatin) SSe
City of Bozeman )
I, C. K. Wilson, Clerk of the Commission of The
City of Bozeman, hereby certify that the foregoing
Resolution Notice No. 1121, was published at iength
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, and due proof of such publication 1s on
file in my office.
IN WITNESS WHEREOF I hereunto set my hand and
affix the coryora te sea. .....1.. of my office this 12th day I
of June, 1964.
~ ~' )
/ "/ (, ~ -- -~ ~
Clerk Of~he~ tY~OmmisSion ~
..._-~-......
. I
___u______ .____.__