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HomeMy WebLinkAboutResolution 1083 Creates SID No. 433 --.--.. 191. COMMISSION RESOLUTION NO. ~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A S~ECIAL IM~ROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 433 OF THE CITY OF BOZEMAN I FOR THE ~UR~OSE OF CONSTRUCTING AND INSTALLING A ~AVEMENT PROJECT ON NORTH NINTH A VENUE FROM THE SOU'l'H STREET LINE OF WEST BEALL STREET TO THE SOUTH LINE OF DURST ON ROAD, ALSO FROM THE EAST LINE OF ELEVEN'l'H AVENUE NORTH TO THE CENTER LINE OF SEVENTH AVENUE NORTH, SAID PAVEMENT PROJECT TO INCLUDE CONS'l~UCTION AND INSTALLATION OF A STORM SEWER LINE, COMBINATION CONCRETE CURBS AND GUTTERS, GRAVEL BASE COURSE, CRUSHED GRAVEL CUSHION COURSE, AND AN AS~HALTIC- CONCRETE TYPE SURFACE COURSE. WHEREAS, there has been fi~ed 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 Ninth Avenue from the South street line of West Beall Street to the South line of Durston Road, also from the East line of Eleventh Avenue North to the center line of Seventh Avenue North, asking that a special improvement district be created for the purpose of constructing and installing a pavement project to include the construction and installation of a storm sewer line, combination concrete curbs and gutters, gravel base course, crushed gravel cushion course, 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 21st day of August, 1963, the aforesaid petition was respectively considered and granted; NOW, THEREFORE, BE I'r RESOLVED BY 'l'HE CPI'Y COMMISSION OF THE CITY OF BOZEMAN: Section 1 Declaration of Intention I 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. 433 of the City of Bozeman for the purpose of constr- ucting and installing a pavement project on North Ninth Avenue from the South street line of West Beall Street to tne South line of Durston Road, also from the East line of Eleventh Avenue North to the center line of Seventh Avenue North. 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, an asphaltic-concrete type surface course, and other work incidental thereto. Section 2 Boundaries The boundaries of said Special Improvement District No. 433 are des- cribed as follows: Beginning at the North one-quarter corner of Section 12, Township 2 South, Range 5 East of the Montana Principal Meridan thence N 89039t E along the northerly line of said Section 12, being the norther~y line of the Brunton- Palffy Rearrangement of a Portion of the Durston Subdivision to the City of Bozeman, Montana, a distance of 505.6 feet to the true point of beginning; thence in a southerly direction along the easterly line of the alley of Block 2 of said rearrangement, being along the westerLY lot lines of Lots 16 thru 26 of said Block 2 to a point, said poin t being 161.4 feet northerly of the norther~y street line of Villard Street; thence westerly parallel to and 161.4 feet distant from said northerly line of Villard Street I across the al~ey of said Block 2, across Lot 11 of said Block 2, across luth Avenue North and across ~ots 15 and lu of Block 1 of said rearrangement to a point of inter- section with the centerline of 11th Avenue North; thence southerly along said centerline of 11th Avenue North a distance of 382.8 feet; thence easterly parallel to and 161.4 feet distant from the southerly line of Villard Street, across Lots 3 and 6 of Block 4, across l~th Avenue North, across lot 3 of Block 5 to a point of intersection with the westerly lot line of Lot 6 of said Block 5; thence southerly along the westerly lines of Lot 6 and 7 of said :192 Block 5 to the southwesterly corner of said Lot 7; thence parallel to and 150 feet distant from the'westerly line of 9th Avenue North across Lot 3 of Durstons Subdivision and across Beall Street to the southerly line of said Beall Street; thence easterly along the said southerly line of Beall Street to a point 150 feet easterly of the easterly line of 9th Avenue North; thence northerly parallel to and 150 feet distant from the easterly line of said 9th Avenue, across Beall Street, and across Lot 2 of Durston's Subdivision to the southeasterly corner of Lot 4 of Block 6 of the I Brunton-Palffy Rearrangement; thence continuing northerly along the easterly line of said Lots 4 and 3 to a point 161.4 feet southerly of the southerly line of Villard Street; thence easterly parallel to and 161.4 feet distant from said southerly line of Villard Street across Lot 6 of Block 6, across 8th Avenue North and across Tract 7 of the Durston Subdivision to a point of intersection with the centerline of North Seventh Aven,ue; thence northerly along the centerline of said North Seventh Avenue a distance of 382.8 feet to a point; thence westerly parallel to and 161.4 feet distant from the northerly line of Villar Street across Tract 8, 13 and 14 of Durston Subdivision and across the alley of Block 3 of said Brunton- Palffy Rearrangement of a Portion of Durston Subdivision to a point of intersection with the easterly lot line of Lot 11 of said Block 3; thence northerly along the easterly lot lines of Lots 11 thru 1 of said Block :3 and across Durwton Road to a point of intersection with the northerly section line of Section 12; thence we s terly Along said section line to the true point of beginning. Including within the above described exterior boundaries the following lots, portion of lots and tracts of land: Portion of Lot 10, all of Lots 11, 12, 13, 14 and a portion of Lot 15 of Block 1; Portion of Lot 11, all of Lots 12 thru 26 inclusive of Block 2; all of Lots 1 thru 13 inclusive of ~lock 3; all of Lots 1, 2, 7 and 8 and portions of Lots 3 and 6 of Block 4; All of Lots 1, 2, 4, 5, 6, 7 and portion of Lot 3 of Block 5; All of Lots 1, 2, :3, 4, 7, 8 and a, portion of Lot 6 of Block 6 in the Brunton-Palffy Rearrangement of a ~ortion of Durston Subdivision; also, portions of Tracts 2, 3, 7, 8 and 13 I and 14 of Durston's Subdivision. Section :3 Character of Improvements Construction of a pavement project on North Ninth Avenue from the ~outh street line of West Beall Street to the South line of Durston Road, also from the East line of Eleventh Avenue North to the center line of Seventh Avenue North, said ~avernent froject to include construction and installation of a storm sewer line, combination concrete curbs and gutters, gravel base course, crushed gravel cushion course, and an asphaltic-concrete type surface course. Section 4 Es tima te of Cas t The preliminary estimate of cost is $84,000.00, including all street excava tion, all ma terials, installation costs and 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 bears to the area of the entire dis tric t, exclusive of streets, avenue, alleys and public places; and further, each square foot of land within the district lying within 25 feet of the line of the street on which the improvements herein provided I for are made, shall bear double the amount of the costs of sucp improve- ments per square foot of such land that each square foot of any other land within the district shall bear. Section 6 Extended District The City Commission of the City of Bozeman does hereby find that the contemplated work and improvements are, in the opinion of the City Commis- s ion, 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 ----- ____.u_ --.-- ..- .--..-.. ,,-_.. :1.93 and all lots included therein will be benefited by the contemplated improve- ments and that said district and all lots included therein shall be assessed to pay the costs and expenses thereof. Section 7 pa ymen ts That the payments for said improvements shall be made in twenty (20) I annual installments extending over a period of nineteen (19) years, but this shall no t be cons trued to preven t pa ymen t in full a t any regular pay- ment 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 tobe obtained from the sale of bonds of said Special Improvement District No. 433, as authorized by law. Such bonds will be indenominations of $100.00 each artd fractions or multiples of $100.00 where necessary, to be issued and chargeable against a fund to be known and designated as Special Improvement District No. 433 Fund of the City of Bozeman. The bonds will be redeemable at the option of the Gity, singly or in multiples, and in the order of tt,eir registration, whenever funds are available for that purpose in said ,:)pecial Improvement District No. 433. Said bonds will draw a simple interest from the date of their re~istration 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 constr- uction 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 pro- visions of ~itle 11 of the Revised Codes of Montana, 1947, relating to special improvement districts in cities and towns and any amendments thereof or there to. Section 8 Protests and Notice That the regular sesslonof the City Commission of the City of Bozeman, to be held at the Commission ~hamber, City Hall Building, Bozeman, Monta~a, on Wednesday, the 18th day of september, 1963, at the hour of one o'clock p.m. of said day, ~he 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. 433, I 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 required, of the adoption 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 21st day of August, 1963. sf Fred M. ~taudaher Ma yor ATTEST: sf c. K. Wilson Clerk of the Gity ~ommission ----~ NOTICE IN HE COMMISSION RESOLUTION NO. 1083 OF THE CITY OF BOZEMAN DECLARING THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AND DESIG- NATED AS ftSPECIAL IMPROVEMENT DISTRICT NO. 433." Notice is hereby given that on the 21st day of August, 1963, at a reg- ular session of the Commission of the City of Bozeman, Commission Resolution I No. 1083, en ti tIed: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN DECLARING IT TO BE rHE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 433 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING A PAVE1ffiNT PROJECT ON --NORTH NINTH A VENUE FROM THE SOUTH STREET LINE OF WEST BEALL STREET TO THE SOUTH LINE OF DURSTON ROAD, ALSO FROM THE EAST LINE OF ELEVENTH AVENUE NORTH TO THE CENTER LINE OF SEVENTH A VENUE NORTH, SAID PAVEMENT PROJECT TO INCLUDE CONSTRUCTION AND INSTALLATION OF A STORM SEWER _"._._.. ._____.u.. __.._.u__.___.._____.....__... 194 LINE, COMBINATION CONCRETE CURBS AND GUTTERS, GRAVEL BASE COURSE, CRUSHED GRAVEL CUSHION COURSE, AND AN ASPHALTIC- CONCRETE TYPE SURFACE COURSE. was passed and adopted. That Wednesday, the 18th day of September, 1963, at one o'clock p.m., at the Commission Room of~ City Hall, uozeman, Montana, is designa ted by by Resolution No. 1083 as the time and place for hearing objections to the I action proposed to be taken by said resolution, when and where all persons whose property is within said proposed Special Improvement District No. 433 on Ninth Avenue From the South street line of West beall Street to the South line of Durston Road, also from the East line of Eleventh Avenue North to the center line of Seventh Avenue North, may appear and show cause, if any they 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 all street excavation, all materials, installation costs, engineering and incidentals, which is to be specially assessed against the property within said district is $84,000.00. 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; and further, each square foot of land within the district lying within 25 feet of the line of the street on which the improvements herein provided for are made, shall bear double the amount of the costs of such improvements per square foot of such land that each square foot of any other land within the district shall bear. Payment for the improvements is to be made in twenty equal annual installments. For a descrition of the boundaries of said Special Improvement District No. 433, reference is hereby made to Resolution No. 1083 of the Commission of the City of Bozeman declaring the intention to create said District, which 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 11-2204, Revised Codes of Montana, 1947. I Da ted this ~ da y of Augus t, 1963. S~ C. K. Wilson Clerk 0 the City Commission First published in the Bozeman Daily Chronicle August 30th, 1963. ----- Sta te of Montana ) County of Galla tin) ss Ci ty of Bozeman ) I, C. K. Wilson, Clerk of the Commission of The City of Bozeman, do tereby certify the foregoing Notice in Re, Commission Resolution N . 1083, was published at length in the Bozeman Daily Coronicle, a~newspaper of general circulation printed and publi- shed in said City in the issues of August 30th thru September 5th, 1963, inclusive, and due proof of such publications is on fiLe in my office. IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my office this luth day of September, 1963. ....... I ~~(/h~"._</ - Clerk "0 the City comrnissLon ~.. . '" - - . - - ...-.--.-..--- --...