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HomeMy WebLinkAboutResolution 1068 Creates SID No. 429 --. --. -.- ...----- :1Sf7 CO~~ISSION RESOLUTION NO. 1068 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN DECLARING IT TO DE THE INTEN'1'ION OF '1'HE CITY OF BOZEMAN TO CREATE A SPECIAL DTPReVEMENT DISTRICT TO BE KNOWN AS SPECIAL D"l:'ROVEMENT DISTRICT NO. 429 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING A PAVEMENT PROJECT ON SOUT~1 BLACK A VENUE FROM THE NORTH LINE OF I GARFIELD STREET SOU'l'H Tu '1'HE SOUTH BOmWARY LINE OF' frEE UNIVERSITY SUBDIVISION TO THE CITY uF BOZEN~N, ,MONTANA, AND ON GARFIELD STREET FROM THE EAS'I' LINE OF SOUTH BLACK AVENUE '1'0 'l'EE WESTERN BOUNDARY LINE OF UNIVERSITY SUB- DIVISION, SAID IJAVErmwr PROJECT '1'0 INCLUDE CONSTRUCTION AND INSTALLATION OF A STORM SEWER LINE, COMBINATION CON- CRETE CURBS AND GUTTERS, GRAVEL BASE COURSE, CRUShED GRAVEL CUSHION COURSE, AND B ITmUNOUS SURFACE COURSE. V'{HEREA S , there has been filed with the Clerk of the City Commission of the City of Bozeman, Mon tana , a petition in due form of certain owners of pro- perties situated on Soutt'J B.lack Avenue from the North line of Garfield Street Sou th to the South boundary line of the University Subdivision to the City of Bozeman, Montana, and on Garfieid Street from the East line of South Black A ven1..+e to the western boundary line of University Subdivision, 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, c~lshed gravel cushion course, bituminous 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 27th day of March, 1963, the aforesaid petition was respectively considered and granted; NOW, THEREPORE, BE 1'1' RESOLVED BY THE CITY COMMISSION OF '1'HE CITY OP BOZEMAN I Section .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 Spec- ial Improvement District No. 429 of the City of Bozeman for the ~lrpose of constructing and installing a pavement project on South Black Avenue from the North line of Garfield Street South to the South boundary line of the Univer- sity subdivision to the City of Bozeman, Montana, and on GarfieLd Street from the East line of South Black Avenue to the western boundary line of University &lbdivision. 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 bituminous surface course, and other work incidental thereto. Section 2 Boundaries The Boundaries of said Special Improvement District No. 429 are described as follows: Beginning at the point of intersection of the center line of East Garfield Street with the southeasterly bu foot right-of-way of the Chicago, Milwaukee, St. Paul and Pacific Railroad ~ompany; thence northeaster~y along said right-of-way a dis tance of 129. '/9 fee t; thence ea s terly a long a line lIb feet North of the North line of East I Garfield Street to a point on the East line of South B.lack Avenue; thence souther~y along the East line of South Black AVenue to the ~orthwest corner B.lock 4, University Addition; thence easterly along the ~orth line of said Block 4 to a point luU feet East of the East line of South Black Avenue; thence souther~y along a line lUO feet East of and parallel to the East line of South B.lack Avenue to a point on the South line of said University Subdivision; thence westerlY along the South line of said University Subdivision to a point 100 feet west of the Wes t line of Sou th Black Avenue; thence northerly 1.58 along a line lUO feet West of and parallel to the West line of South Black Avenue to a point 115 feet south of the South line of East Garfield; thence westerly along a line 115 feet South of and parallel to the South line of East Garfield Street to a point on said southeasterLY 5u foot right-of-way, thence northeasterLY along said rignt-of-way to the point of beginning. Section 3 I Character of Improvements Construction of a pavement project on South Black Avenue from the North line of Garfield Street South to the South boundary line of the University Subdivision to the City of Bozeman, Mon tana, and on Garfield Street from the East line of South Black Avenue to the western boundary line of University Subdivision, said Pavement Project to include construction and installation of a storm sewer line, combination concrete curbs and gutters, gravel base course, c~lshed gravel cushion course, and bituminous surface course. Section 4 The preLiminary estimate of cost is $35,UUU.UU, including all street exca va 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 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 tile 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. See tion 6 I Pa ymen ts That the payments for said improvements snaLL be made in twenty (2U) annuaL installments extending over a period of nineteen (18) years, but this shall not be construed to prevent pa;\'1TJent in full at any regular pay- men t da te by any property owner Who desires to do so. It is proposed to pay the entire cost and expense of the const~lction and installation of said improvements with caSh to be obtained from the sale of bonds of said SpeCial Improvemont District No. 429, as authorized by law. Such bonds wiLl be in denomina tions of ~;;lOO .uu each and fractions or multiples of ~lOU .uO where necessary, to be issued and chargeable against.a fund to be known and desif,- na ted as Special lmprovement Dis trict 'No I Ii~~ Fund of the Ci ty of Bozeman. 'The bonds wiLL be redeemable at th:- option of th') C4 t;~T, singly or in mul ti- ples, and in the order of their regist.ratioJ1,wheneverl'unds are aVaiLab.Le for that purpose ln said SpeciaL Improvement District No. 429. . Said bonds will draw a simple interest from the date of their registration until called for pa:JTI1ent, at a rate not to exceed six (6) per cent~per annum, which inter- est shall be chargeable as a part of the cost of construction and installation of said improvement. The bonds wi!.1 be issued and Bold l.n accordance with the provisions of Section Ll-2232 and Section 11-2271, Revised Codes of Montana, 1947, and all other applicabLe provisions of TitLe Ll of the Revised Codes of pontana, 1947, relating to speclaL improvement districts in cities and towns and any amondments thereof or tnereto. Section 7 Protests and Notice That the regular session of the City. Commission of the City of Bozeman, I to be held at the Commission Chamber, City Hall Building, Bozeman, montana, on Wedne sda y, the ~ day of ApriL, 1963, a t the hour of one 0 I clock p.m. of said day, is the time and place, when and where the City Commlssion will hear and pass upon all protests duly and reguLarLy made and filed against the creation of said proposed Special Improvement District No. 429, the improvement proposed to be made pursuant thereto and the extent and Character tb.ereof, or ei ther thereof, and the Clerk of the Ci ty CommTs sian be, I::\nd he is hereby directed to give notice in the manner and for the time as by law required, of the adoption of this reso lu tion of in ten tion. (Continued on Page No. 159) ------ -.--.----.-.--.-...----..-.-..---.-----. :159 Adopted by the Commission of the City of Bozeman, Montana, a t a regular and stated session of said Commission held on the 27th day of March, 1963. sj Fred M. Staudaher Ma yor I ATTEST: sj C. K. Wilson Clerk of the City Commission - - - - - - - - NOTICE IN RE COMMISSION RESOLU1'ION NO. 1068 OF THE CITY OF BOZEMAN DECLARING THE INTENTION OF TIffi CITY OF BOZEMAN TO CREATE A SPECIAL IMyROv~MENT DISTRICT TO BE KNOWN AND DESIG- NATED AS "SPECIAL IM1-'ROVEMENT DIS'l'RICT NO. 429." Notice is hereby given that on the' 27th day of March, 1963, at a regular session of the Commission of the City of Bozeman, Commission Resolution No. 1068, enti tIed: A RESOLU'l'ION OF THE CITY C01VIMISSION OF THE CI'I'Y OF BOZEMAN DECLARING rl' TO BE rrHE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMYROVEl\1ENT DISTRIC'l' fI'O BE KNOWN AS SPECIAL IMyRO\~~rnNT DISTRICT NO. 429 OF 'l~E CITY 01" BOZEMAN FOR THE Pt!RfOSE of CONSTRUC'l'ING AND INSTALLING A PAVEMENT PRO.TECT ON SOUTH BLACK A VENUE FROM ThE NORrpH LINE OF GARIi'IELD STREET SOU'TH TO 'I'HE SOU'I'H BOUNDARY LINE OF THE UNIVERSITY SUBDIVISION TO 'I'HE CITY OF BOZEMAN, MON'I'ANA, I AND ON GARFIELD STREET FROM TH~ EAST LINE OF SOUTH BLACK AVENUE TO THE VffiSTERN BOUNDARYLINE OF UNIVERSITY StTI3- DIVISION, SAID PAVEMENT FROJECT TO INCLUDE CONSTRUCTION AND INSTALLATION OF A STORM SEV'JER LINE, COMBINATION CON- CRETE CURBS AND GUT'I'ERS, GRAVEL BASE COURSE, CRUSHED GRAVEL CUSHION COURSE, AND BITUMINOUS SURFACE COURSE. was passed and adopted. That Wednesday, the 17th day of April, It}63, at one o'clock p.m., at the Commission Room of the Ci ty Hall, Bozeman, Montana, is designated by Reso11J.tion No. l06e as the time and place for hearing objections to the action proposed to be taken by said resolution, when and where all persons whose pro- perty is within said proposed Special Improvement District No. 429 on South Black Avenue from the North line of Garfield Street South to the Sou th Boundary line of the University Subdivision to the City of Bozeman, Montana, and on Garfie~d Street from the East line of South Black Avenue to the western bound- ary line of University Subdivision, 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 da te of' the firs t publica tion 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 $35,OOO.UO. 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, exclusl ve of streets, avenues, alle;ls and public places; and further, each square foot of Land within the district lying within 25 feet of the line of the street on I 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 wi thin the dis tric t shall bear. Payment for the imvrovements is to be made in twenty equal annual installments. For a description of the boundaries of said SpeciaL Improvement D1strict No. 429 J reference is hereby made to Resolution No. lU68 of the Commission of the City of Bozeman dec~aring the intention to create-Baid 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. (Cog tiTIE;ed .Q.n_Pag~ No~ 10.2) -- .--- ,,-- --.-.---.-...---.- -----------.-...-.- :160 This notice is given pursuant to tne provisions of' Section .il-22u4, Revised Codes of Montana, 194'1. Dated this 27 day of March, 1963. s/ C. K. Wilsun I liLerk 01' the (;1 ty Commission First pub.iished in the Bozeman Daily Chronic.Le April 1st , 1963. - - - - S ta te of Mon tana ) County of Gallatin) ss. Ci ty of Bozeman ) I, C. K. Wilson, Clerk of the Commission of The City of Bozeman, do hereby certify the fore- going Notice in Re, Commission Resolution No. 1068, was published at length in the Bozeman Daily Chronic.ie, a newspaper of general circulation printed and published in said City in the issues of Aprillst thru April 5th, 1963, inclusive, and due proor-Df such publications is on file in my office. IN WI'I'NES8 WHEREOF I hereunto se t my hand I and affix the corporate seal of my office this 21st day of May, .i963. '\ ~4{{~~ / Clerk of he ity ommission ..---- - - I