HomeMy WebLinkAboutResolution 1069 Creates SID No. 430
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C01WISSION RESOLUTION NO.
1069
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 SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS
SPECIAL nnJROVEMENT DISTRICT NO. 430 OF THE CITY OF BUZEMAN
FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING A PAVEMENT
I PROJECT ON SOUTH TRACY A VENUE FROM THE END OF EXISTING
PAVE1~NT, BEING 150 FEET NORTH OF CLE\~LAND STREET SOUTH
TO THE SOUTH LINE OF LOT 4 BLOCK "Au OF LANGOHR'S FIRST
ADDITION TO THE CITY OF BOZEMAN, AND CLEVELAND STREET
FROM SOUTH WILLSON AVEJ:WE TO SOUTH TRACY AVENUE, 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.
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 South Tracy Avenue from the end of existing pavement,
being 150 feet North of Cleveland Street South to the South line of Lot 4,
Block "A" of Langohr's First Addition to the City of Bozeman, and Cleveland
Street from South Willson Avenue to South Tracy Avenue, asking tha t a special
improvement district be created for the. purpose of constructing and install-
ing 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, bituminous surface course, and other work incidental
thereto; and
WHEREA S, 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 res-
pectively considered and granted;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY CoMMISSION OF THE CITY
OF BOZEMAN:
I
Section I
Declara tion of In tention
Tha tit is hereby declared to be the intention of the Ci ty of Bozeman
to create a special improvement district to be known and designated as Special
Improvement District No. 430 of the City of Bozeman for the purpose of construct-
ing and installing a pavement project on South Tracy Avenue from the end of
existing pavement, being 15u feet North of Cleveland Street South to the South
line of Lot 4, Block "A" of Langohr's First Addition to the City of Bozeman,
and Cieveland Street from South Willson Avenue to South Tracy Avenue.
Said
pavement project to include construction and installation of a storm sewer line,
combination concrete curbs and gutters, gravel base course, crushed gravel
cushion courseC and bituminous surface course, and other work incidental there-
to. ~he City ommission does hereby declare that the area and lots included
within the boundaries of said proposed district will be benefited by the work
and improvements.
, Sec
tion 2
Boundaries
The boundaries of said Special Improvement District No. 43u are described
as follows:
Beginning at a point on the center line of South Tracy
Avenue lbO feet North of the North line of Cleveland
Street; thence easterlY along the South line of Lot 5,
Block 2, Dudley's First Addition, to a point 130 feet
East of the East line of Soutn Tracy Avenue; thence
southerly 130 feet from and parallel to the East line
of South Tracy Avenue to a point on the city limits line,
said line being also the Sou th line of Lot 1.1., Block 2,
I Springdell Addition; thence westerly along said city
limits line and the South line of Lot 11, Block 2,
Springde.1.l Addition, to the East line of South Tracy
Avenue; thence wester~y across South Tracy Avenue to
the southeast corner of Lot 4, Block A, Langohr's First
Addition; thence westerlY along the South line of said
Lot 4 to a point 13U feet West of the West line of
South Tracy Avenue; thence northerlY 130 feet from and
parallel to the West line of South Tracy Avenue to a
point 2v feet South of the South line of Lot 2, Block
A, Langohr's First Addition; thence westerlY along the
extension of the South line of Lot 6, Block e,
Bu tte
(Contl:n~ed .2.n_Pag~ No.!.
162)
1-62
Addition to the southeast corner of said Lot 6,
Block
8; thence along the Soutn line of said Lot 6, Block 8
to a paint on tne East line of South Willson Avenue;
thence norther~y along the East line of South Willson
Avenue to a point 15U feet from the North line of
Wes t Cleveland Street; thence easterlY IbU feet from
and para lIe 1 to the North line of West CleveLand Street
to the point of beginning.
Section 3
I
Ch~racter of Improvements
Construction of a pavement pro.ject on South Tracy Avenue from the end
of existing pavement, being l5u feet North of Cleveland Street South to the
South line of Lot 4, Block "An of Langohr's First Addition to
tne City of'
Bozeman, and Cleveland Street from South Willson Avenue to South Tracy Ave-
nue, said Pavement Project to incLude construction and installation of a
storm sewer line, combln~tion concrete curbs and gutters, gravel base course,
crusned gravel cushion course, and bituminous surface course.
~ec~~on 4
Est ma of Cost
The preliminary estimate of cost is $23,5UU.UO, 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
dis tric t, each lot or parcel of land within such district will be assessed
for tnat part of the whole cost which its area bears to thE) area
of the
entire dis tric t, exclusive of streets, a venues,
alleys and public places;
and further, each square foo t of land wi thin the dis tric t lying wi thin 25
fee t of the line of the street on which the improvements herein provided
for are made, shall bear double the amount of costs of such improvements
per square foot of such land that each square foot of any other land within
the district shall bear.
Section 6
Extended District
I
The Cl ty Commission does hereby declare tha tall 10 ts, pieces and
parcels of property included within the boundaries of said proposed special
improvement district, including the lots not fronting on said improvements,
will, each and all, be specially benefited by said improvements and that all
of said lots included within said boundaries shall be assessed to pay the
costs and expenses of said imprpvements; that in the opinion of said City
Commission the contemplated improvements to be constructed are more than
local or ordinary public benefit and that therefore the City Commission does
hereby declare its intention to make tile costs and expenses of such work
chargeable upon an extended district and to include lots not fronting on the
proposed improvements.
Section 7
Pa ymen ts
That the payments for said improvements shal~ be made in twenty (20)
annual installments extending over a period of nineteen (19) years,
but this
shall no tbe cons trued to prevent paymen t in full a t any regular pa ymen t da te
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. 43U, as authorized by law. Such bonds will be in denominations
of $10u.uu each and fractions or multiples of $lOu.UO where necessary, to be
issued and chargeable against a fund to be known and designated as Special
Improvement District No. 430 ~l1nd 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. 430. Said bonds will draw a simple
I
interest from the date of their registration until called for payment, at a
ra te not to exceed six (6) per cent per annum, which interest shall be
chargeabLe as a part of the cost of construction and installation of said
improvemen t. The bonds will be issued and sold in accordance with the pro-
visions 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 Man tana , 1947, rela ting to special improvement districts in cities and
towns and any amendments thereof or thereto.
(Qo~ tin~ted_ oE Pa,ge_ N.2,.
_1,231
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Section 8
Protests and Notice
I That the regular session of' the City Commission of the City of Bozeman,
to be held at the Commission Chamber, City Hall Building, Bozeman, Montana, on
Wednesday, the 17th day of April, 1963, at the hour of one o'clock p.m. of said
day, is the time and place, when and where the City Commission will hear and
pass upon all protests duly and regl..tlarly made and filed against the creation
of said proposed Special Improvement District No. 430, the improvement pro-
posed to be made pursuant thereto and the extent and character there of, or
either thereof, and the Clerk of the City Commission be, and he is hereby dir-
ected to give notice in the manner and for the time as by law required, of
the adoption of this resolution of intention.
Adopted by the Commission of the City of Bozeman, Montana, at a regular
session of said Commission held on the 27th day of March, 1963.
sf Fred M. Staudaher
Ma yor
ATTEST:
sf c. K. Wilson
Clerk of the City Commission
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I NOTICE IN RE
CO~fJISSION RESOLUTION NO. 1069 OF THE CITY OF BOZE1~N
DECLARING THE INTENTION OF THE CITY OF BOZE~MN TO CREATE
A SPECIAL IMPROVEMENT DISTRIC'l' TO BE KNOWN AND DESIG-
NATED AS "SPECIAL IMi'ROVEMENT DISTRICT NO. 430."
Notice is hereby given tha t on the 27th day of March, 1963, at a regular
session of the Commission of tne City of Bozeman, Commission Resolution
No. 1069, entitled:
A RESOLUTION OF THE CITY C O:MMISSION OF THE CI'l'Y OIi' BOZEMAN
DECLARING rr TO BE THE INTENTION OF THE CI'J'Y 01" BOZm..~AN 1110
CREATE A SPECIAL IMl-'ROVm,~NT DISTRICT TO BE KNOWN AS
Si'ECIAL DTl'ROVElmNT DISTRICT NO. 430 OF THE CITY OF BOZEMAN
FOR THE PURPOSE OF COrSTRUCTING AND INSTALLING A PAVEMENT
PROJECT ON SOUTH TRACY A VENUE FROM 1'HE END OP EXISTING
PA VEMENT, BEING 150 FEET NORTH OF CLEVELAND STREET SOUTH
TO THE SOUTH LINE OF LOT 4 BLOCK" An OF LANGOHR'S FIRST
ADDITICnT TO THE CITY OF BOZEMAN, AND CLEVELAND STREET
FRm/i SOUTH WILLSON AVENUE TO SOUTIJ TRACY A VENUE, SAID
PA VEMENT PROJECT TO INCLUDE CONSTRUCTION AND INSTALLATION
OF A STORM SEWER LINE, COMBINATION CONCF~TE CURBS AND
GUTTERS, GRAVEL BASE COURSE, CRUSHED GHAVEL CUSHION COURSE,
AND BI'lUMINOUS SlJRFACE COURSE.
was passed and adopted.
That Wednesday, the 17th day of April, 1963, at one o'C.lock p.m., at. the
I Commission Room of the Cl~all, Bozeman, Montana, 1s designated by Resolution
No. lu69 as the time and place for hearing ob j ec tions to the ac tion propos ed
to be taken by said resolution, when and where a.11 persons whose property is
within said proposed Special Improvement District No. 430 on South 'l'racy Ave-
nue from the end of existing pavement, being 150 feet North of C1eve.land
Street South to the South line of Lot 4, Block "An of Langohr's First Addi-
tion to the City of Bozeman, and Cleveland Street from South Willson Avenue
to South Tracy Avenue, may appear and show cause, if any they have, against
said proposed improvement. Objections must be made in writing and flled with
the Clerk of the City Commission not later than fifteen (lb) days after date
of the first publication of this notice.
(,Q,o.!l t.!~ed 9..n_P~ge No..:. ,d;64)
:164
An approxima te preliminary e stima te of the cos t of doing such work and
making such impro~Jements wi thin said distric t, including all street excavation,
ail ma teria.l.s, installation costs, engineering and incidentais, wnich is to be
specially assessed against the proverty within said district is $23,5UO.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, exclusive
of streets, avenues, alleys and public places; and further,
each square foot
of land within the district lying within 2b feet of the line
of L:tle street on
which the imvroveThents herein provided for are made, shall bear double the I
amount 01' the costs of such imjJrover1ents per squl:J.re foot of such land that
each squ8.re foot of any other iand wi thin the dia tric t Sh~-Hl bear. pa ymen t
for the improvements is to be mad.e in twenty equal annual InSL:l:J.ilments.
For a description of the boundaries of said Special Improvement District
No. 43u, reference is hereby made to Resolution No. 106':1 of the Commission
of the City of Bozeman deciaring the intention to create said District,
which
is on file in the office of the undersigned C.lerk of said CornnLl.ssion in the
CiL~ 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, 1~4'1.
Dated this 27 day of March, 1963 .
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31 C. K. Wilson
~lerk of the City Commission
First published in the Bozeman Daily Chronicle
April 1st ,1963.
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I
State of Montana )
County of Gallatin) SSe
City of Bozeman )
I, C. K. Wilson, Clerk of the Commission of
The
City of Bozeman, do hereby certify the foregoing Notice
in Re, Commissioner Resolution No. .lU69,
was published
at length in the Bozeman Daily Chronicie, a newspaper
of general circulation printed and published in said
Ci ty in the issues of April Is t thru April 5th, 1963,
inc1u8i ve, and due proof of such publicHtlons
is on file
in my of:'ice.
IN WITNESS WHEREOF I hereunto set my hand and
affix the corporate seal of my office this 22nd day
of Ma y , 1963 .
,;2~~
Clerk 0 he ty Comm~ssion
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