Loading...
HomeMy WebLinkAboutResolution 1113 Creates SID No. 437 zr.- 4 ,) . COMMISSION RESOLUTION NO. 1113 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZMENA, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO CREATE A SPECIAL IMPROVEMENT DIST- RICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 437 TO THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING A TWELVE (12) INCH WATER MAIN ON BEALL STREET FROM FIFTEENTH AVENUE WESTERLY TO A POINT MIDWAY BETWEEN NORTH TWENTIETH AVENUE AND NORTH TWENTY-FIRST AVENUE: A TEN (10) INCH WATER MAIN ON DURSTON ROAD I FROM A POINT MIDWAY BETWEEN NORTH TWENTIETH AND NORTH TWENTY-FIRST AVENUE TO A POINT lBO' WESTERLY OF NORTH FIFTEENTH AVWJUE: A SIX (6) INCH WATER MAIN ON NORTH TWENTIETH AVENUE BETWEEN BEALL STREET AND DURSTON ROAD: A SIX (6) INCH WATER MAIN ON NORTH EIGHTEENTH AVENUE BETWEEN BEALL STREET AND DURSTON ROAD AND A SIX (6) INCH WATER MAIN ON EASEMENTS WITHIN THE MAPLE TERRACE SUBDIVISION AND ALSO TO INSTALL NEC- ESSARY VALVES AND FIRE HYDRANTS AND OTHER NECESSARY APPURTENANCES AND WORK INCIDENTAL THERETO. ------- WHEREAS, 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 Beall Street from Fifteenth Avenue westerly to a point midway between North Twentieth Avenue and North Twenty-first Avenue; on Durston Road from a point midway between North Twentieth and North Twenty-first Avenue to a point 180' westerly of North Fifteenth Avenue; on North Twentieth Avenue between Beall Street and Durston Road; on North Eighteenth Avenue between Beall Street and Durston Road and within the Maple Terrace Subdivision, asking that a spec- ial improvement district be created for the purpose of constructing and installing water mains to serve the properties above named; and WHEREAS, at a regular meeting of the City Commission of the City of Bozeman, Montana, held on the 25th day of March, 1964, the aforesaid petition was respectively considered and grant ed ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN: Section 1 Declaration of Intention That it is declared to be the intention of the City of Bozeman to create a special I improvement district to be known and designated as Special Improvement District No. 437 of the City of Bozeman for the purpose of constructing and installing a twelve (12) inch water main on Beall Street from Fifteenth Avenue westerly to a point midway between North Twentieth Avenue and North Twenty-first Avenue; a ten (10) inch water main on Durston Road from a point midway between North Twentieth and North Twenty-first Avenue to a point 180' westerly of North Fifteenth Avenue; a six (6) inch water main on North Twentieth Ave- nue between Beall Street and Durston Road; a six (6) inch water main on North Eighteenth Avenue between Beall Street and Durston Road and a six (6) inch water main on easements within the Maple Terrace Subdivision, to include the necessary valves and fire hydrants and other necessary appurtenances and work incidentia1 thereto. Section 2 The boundaries of said Special Improvment District No. 437 are described as follows: Beginning at the monument marking the Southeast corner of the Northwest Quarter of the Northwest Quarter (NWk NW!) of Section Twelve (12), Township Two (2) South, Range Five (5) East, M.P.M., said monument located at the intersection of the southerly line of Beall Street and the centerline of Fifteenth Avenue; thence South 890 16' 07" West a distance of :30 feet; thence South 66042'49" West a distance of 764.21 feet to the southwesterly corner of Block 3 of Kirk's Second Subdivision to Bozeman, Montana; thence South 89016'07" West along the southerly line of Block 2 of said Kirk's Second Subdivision a distance of 553.00 feet to the southwesterly corner of Block 2 of said Kirk's Second Subdivision; thence continuing on a bearing of South 89016'07" West parallel to and 293.12 feet southerly from the southerly line of said Beall Street, across a portion of Nineteenth Avenue a distance of 70.53 feet to a point on the westerly line of said Section Twelve (12) being the westerly boundary of sald Kirk's Second Subdivision; thence continuing South 890l6'07tt West parallel to and 29:3.12 feet southerly therefrom the said southerly line of Beall Street across a portion of 19th Avenue 45.5 feet in width and continuing for an additional 411 feet to a point; thence North 00051'38" East parallel and 456.5 feet westerly therefrom the easterly section I line of Section 11, Township 2 South, Range 5 East, a distance of 293.08 feet to the southerly line of Beall Street in Carroll First Subdivision to Bozeman, Montana; thence continuing North 00-51'38" East parallel to and 456.5 feet distant westerly from said easterly line of said Section 11, across said Beall Street and~.along the westerly lot lines of Lots 1 through 17 inclusive of Block 3 of West Park Manor First Addition and said line extended, a distance of 1327.87 feet to the centerline of Durston Road; thence North 8s009'231t East along said centerline of said Durston Road a distance of 456.5 feet to the northeast corner of Section 11, Township 2 South, Range 5 East, said section corner being the southwesterly corner of the Maple Terrace Subdivision, a Re-arrangernent of Tracts 1, 2, 3, 4, 9, 11 and 13 of Homesites Subdivision, Gallatin County, Montana; located in the southwest quarter of Section 1, Township 2 South, Range 5 East, M.P.M.; thence North 2003' West a distance of 971.6 feet to a point; thence North 87-57' East across a portion of Nineteenth Avenue and along the northerly lots lines -" 2 c:- r:: ,}J of lots 4, 8, 14 and 15 of said Maple Terrace Subdivision, and said lot lines projected to the centerline of Seventeenth Avenue; thence southerly along the said centerline of said Seventeenth Avenue to a point of intersection with the centerline of Durston Road, being the section line common to said Sections 1 and 12; thence North 89053'38" East along the ~ortherly line of said Section Twelve (12), being also the centerline of Durston Road a distance of 500.04 feet to a point; thence South 00025'38" West parallel I to and 180 feet more or less westerly therefrom the easterly line of said Kirk's Second Subdivision a distance of 1264.82 feet more or less to the northerly line of West Beall Street of said Kirk's Second Subdivision; thence North 89016'07" East along the northerly street line of said West Beall Street a distance of 180' more or less to the southea,sterly corner of Block 4 of said Kirk's Second Subdivision; thence continuing along said north- erly street line extended easterly a distance of 60 feet to the easterly line of North 15th Avenue; thence southerly along said easterly line of 15th Avenue; a distance of 60 feet; th~nce westerly a distance of 30 feet to'the true point of beginning. Containing within the above described exterior boundaries the following lots, Blocks and Tracts of land: All of Block 2, all of Block 3, a portion of Block 4, a portion of Block 5, of Kirk's Second Subdivision, also all of Block 6 of said Kirk's Second Subdivision, including platted and unplatted portions of Graf's Rearrangement of Block 6, Kirk's Second Sub- division of Bozeman, Montana, Lots 1 through 34 inclusive, of Block 1, Lots 1 through 17 inclusive, of Block 2, 'trJii/i/Wfriii'i/i1lirirNiti..Ji/Ji/iirii-tii/ a portion of Block 8, a portion of the City Park, all in West Park Manor First Addition to Bozeman, Montana; Lots 1 through 26 inclusive of Block A, Lots 1 through $ inclusive of Block B of Maple Terrace Subdivision, a Rearrangement of Tracts 1, 2, 3, 4, 9, 11, and 13 of Homesite Subdivision to Bozeman, Montana. Section 3 Character of Improvements The improvements to be constructed under this Special Improvement District include the installation of a twelve (12) inch water main on Beall Street from Fifteenth Avenue westerly to a point midway between North Twentieth Avenue and North Twenty-first Avenue; a ten (10) inch1water main on Durston Road from a point midway between North Twentieth and North Twenty-first Avenue to a point 180 feet westerly of North Fifteenth Avenue; a six (6) inch water main on North Twentieth Avenue between Beall Street and Durston Road; a I six (6) inch water main on North Eighteenth Avenue between Beall Street and Burston Road and a six (6) inch water main on easements within the Maple Terrace Subdivision, together with required valves, hydrants and fittings and other necessary appurtenances and work incidental thereto. Section 4 Estimate of Cost The preliminary estimate of cost is $85JOOO.OO, including trenching, back filling, material, installation, engineering and incidentals. Section 5 Method of Assessment The cost of such improvements is to be assessed against the entire district, each lot or parcel of land within such district will be assessed for that part of the whole cost which its area beave to the area of the entire districtJ exclusive of streets, avenues, alleys and public places. Section 6 Payments That payments for said improvements Shall be made in twenty (20) annual installments extending over a period of nineteen (19) years, but this saall 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 improv.ements with cash to be obtained frI!Jm the sale of bonds of said Special Improvement District No. 437, as authorized by law. Such bonds will be in denominations of $100.00 I each and fractions or multiples of $100.00 where necessary, to be issued and chargeable against a fund to be known and designat ed as Special Improvement District No. 437 Fund of the City of Bozeman. The bonds will be redeemable at the option of the City, singley or in multiples, and in the order of their registration, whenever funds are available for that purpose in said Special Improvement District No. 437. Said bonds shall draw a simple interest from the date of their registration until called for payment, at a rate not exceeding six percent (6%) per annum, which interest shall be chargeable as a part of the cost of the construction and installation of said improvement. The bonds will be issued and sold in accordance with the provisions of Section 11-2232 and Section 11-2271, Revised Codes of Montana, 1947, and all other applicable provisions of Title 11 of the Revised Codes of Montana, 1947, relating to Special Impro~ement Districts in cities and towns, and any amendments thereof or thereto. 2[16 Secti on 7 Protests and Notices That the regular session of the City Commission of the CiVY of Bozeman, to be held at the Commission Chamber, City Hall Building, Bozeman, Montana, I on the 22nd day of April, 1964, at the hour of one o'clock p.m. of said day, are 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. 437, the improvement proposed to be made pursuant thereto and the extent and character thereof, or either thereof; and the Clerk of the City Commission be, and he is hereby directed to give notice in the manner and for the time as by law required, of the adop- tion 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 1st day of April, 1964. S/ R. Harry Morrow Mayor ATTEST: S/ C. K. Wilson Clerk of the City Commission - - - - - - - - - - - NOTICE IN RE COMMISSION RESOLUTION NO. 1113 OF THE CITY OF BOZEMAN DECLARING THE INTENTION OF THE CITY OF B)ZEMAN TO CREATE A SPECIAL, IMPROv>>ooJT DISTRICT TO BE KNOWN AND DESIGNATED AS "SPECIAL IMPROVEMENT DISTRICT NO. 437ft. I Notice is hereby given that on the 1st day of April, 1964, at a regualr lelsion of the Commission of the City of Bozeman, Commission of the City of Bozeman, eommission Resolution No. 1113, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO CREATE A SPECIAL IMPROV>>1ENT DIST- RICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 437 TO THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING A TWELVE (12) INCH WATER MAIN ON BEALL STREET FROM FIFTEENTH AVENUE WESTERLY TO A POINT MIDWAY BETWEEN NORTH TWEN- TIETH AVENUE AND NORTH TWENTY-FIRST AVENUE: A TEN (10) INCH WATER MAIN ON DURSTON ROAD FROM A POINT MIDWAY BETWEEN NORTH TWENTIETH AND NORTH TWENTY-FIRST AVENUE TO A POINT 180. WESTERLY OF NORTH FIFTEENTH AVENUE: A SIX (6) INCH WATER MAIN ON NORTH TWENTIETH AVENUE BETWEEN BEALL STREET AND DURSTON ROAD: A SIX (6) INCH WATER MAIN ON NORTH EIGHTEENTH AVENUE BETWEEN BEALL STREET AND DIRSTON ROAD AND A SIX (6) INCH WATER MAIN ON EASEMENTS WITHIN THE MAPLE TERRACE SUBDIVISION AND ALSO TO INSTALL NECESSARY VALVES AND FIRE HYDRANTS AND OTHER NECESSARY APPURTENANCES AND WORK INCI- DENT At THERETO. was passed and adopted. That Wednesday, the 22nd day of April, 1964, at one o.clock p.m., at the Commission Room of the City Hall, Bozeman, Montana, is designated by Resolution 1113 as the time and place for hearing objections 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. 437 on Beall Street from Fifteenth Avenue westerly to a point midway between North Twentieth Avenue and North Twenty-first Avenue; on Durston Road from a point midway between North Twentieth and North Twenty-first Avenue to a point 180' westerly of North Fifteenth Avenue; on North Twentieth Avenue between Beall Street and Durston Road; on North Eighteenth Avenue between Beall Street and Durston Road and within the Maple Terrace Subdivision, may appear and show cause, if any they I have, against said proposed improvement. 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. An approximate preliminary estimate of the cost of doing such work and making such improvements within said district, including trenching, back filling, material, / ~!)17 installation, engineering and incidentals, which is to be specially assessed against the property within said district is $g5,OOO.OO. Costs of the project will be assessed against the entire district, each lot or parcel of land within such 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; payment for the improvements is to be made in twenty equal annual installments. I For a description of the boundaries of said Special Improvement District No. 437, reference is made to Resolution No. 1113 of the Commission of the City of Bozeman declaring the intention to create said District, wh~ch is on file 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 all interested parties and the public generally. This notice is given pursuant to the provisions of Section 11-22-4, Revised Codes of Montana, 1947. 7th April Dated this day of Milt. 1964. sj C. K. Wilson Clerk of the City Commission First published in the Bozeman Daily Chronicle April 8 , 1964. - - - - I State of Montana ) County of Gallatin) ss t City of Bozeman ) I, C. K. Wilson, Clerk of the Commission of 1he City of Bozeman, do hereby certify that the foregoing Resoluti~n Notice No. 1113 was publiched at length in the Bozeman Daily {Jhronicle, a newspaper of general c ircula tion printed and published in said City in the issues of April 8th thru April 14th, 1964, inclusive, and due proof of such publications is on file in my office. IN WITNESS WFE'QEOF I hereun to set ny hand and a ffix the corporate seal of my office this 17th da y of April, 1964. ~.~~4i,,,~/ Clerk the City ommission I ~