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HomeMy WebLinkAboutResolution 1067 Creates SID No. 428 153 COMMISSION RESOLUTION NO. 1067 A RESOLUTION QIi' 'fim CITY COMMISSION OF THE C I'1'Y OF BOZEMAN DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOVVN AS SPECIAL IMPROVEMENT DISTRICT NO. 428 OF ~iE CITY OP BOZEMAN FOR rrHE PURPOSE OF CONS'I'RUCTING AIm INSTALLING A PA VE 1\1E NT I PROJECT ON SOUTH WILLSON A VENUE FROM GRANfl' STREET TO SPRING CREEK ROAD, SAID PAVEMENT PROJECT TO INCLlIDE CONSTffiTCTION AND INSTALLA'l'ION O}<' A STORM SE'NER LIlJE, COMBINATiON CON- CRETE CURBS AND GUTTERS, GRAVEL BASE COURSE, CRUSHED GRAVEL CUSHION COURSE, AND BITUM.~NOUS SURFACE COtmSE. 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 Willson Avenue from Grant Street to Spring Creek Road, 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, bituminous surface course, and other work inciden- tal 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 con- sidered and granted; NOW, THEREFORE, BE 1'1' RES.OLVED BY THE C r'l'Y COMMISSION OF THE CITY OF BOZEMAN: 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 Special I Improvement District No. 428 of the City of Bo~eman for the purpose of construct- ing and installing a pavement pro,ject on South Willson Avenue from Grant Street to Spring Creek Road. Said pavement project to include construction and install- ation of a storm sewer line, combination concrete curbs and gutters, gravel base course, crushed gravel cushion course, and bituminous surrace, and other work incidental thereto. Section 2 Boundaries The boundaries of said Special Improvement District No. 428 are described as follows: Beginning at a point on the center line of West Grant Street, said point being 135 feet West of the West line of South 'v'/illson Avenue; thence in an easterly direction along the center line of West Grant Street to a point 135 feet East of the East line of South Willson Avenue; thence in a sou therl y direction 135 feet East of and parallel to the East line of South Willson Avenue to a point on the South line of the Butte Addition to the City of Bozeman, Montana, said poin t being also a point on the North line of Thompson's Addition number two to the City of Bozeman, Mon tana, a distance of 139.29 feet East of the East line of South Willson Avenue as Shown on plat of said Thompson's Addition number 2; thence in an easterly direction along the North line of said Thompson's Addition number 2, a distance of Iv.'l feet; thence in a southerly direction 15U feet East of and parallel to the East line of South Willson Avenue to a pOint on the center line of Spring Creek Road as shown on I the plat of said Thompson's second addition; thence in a westerly direction along the center line of Spring Creek Road to a poin t on the We s t line of See tion U3, Township 2 South, Range 5 East, M.P.M.; thence in a northerly direction along said West line of Section 18, Township 2 South, Range 5 East to a pOint on the southeasterly line of the 50 foot right-of-way of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company; thence along said southeasterly right-of-way line North 30016' E to a point on the southerly line of said Butte Addtion; thence in a westerly direction along said southerly line to a point 135 feet west of the West line of South Willson -...-- 1.54 Avenue as shown on the plat of said Butte Addition; thence in a northerly direction 135 feet west of and parallel to the West line of South Willson Avenue to the point of beginning. Section 3 I Character of Improvements Construction of a pavement project on South Willson Avenue from Grant Street to Spring Creek Road, 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 bib~minous surface course. The material to be used in paving between the rails and on one foot on each side of the rails of the Chicago, Milwaukee, St. Paul and Pacific railroad tracks, as the same cross South Willson Avenue, wil~ be of the same general character as the material used for the rest of the contemplated project. Section 4 Estimate of Cost The preliminary estimate of cost is $61,50u.vO, 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 distict, 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, exclu- sive of streets, avenues, alleys and public places; and further, each square 1'00 t of land within the district lying within 25 feet of the line of the s tree t on which the improvements herein prov1ded fur are made, Shal~ oear double the amount I of the costs of such improvements per square foot of such land that each square foot of any other land wi thin the district shal~ bear. Section 6 Paymen ts That the payments for said improvements shall be made in twenty (20) annual installments extending over a period of nineteen (l~) years, bu t this shall not be construed to prevent payment in full at any re~llar payment date by any pro- perty owner who desires to do so. It is proposed to pa y the entire cos t and expense of the construction and installation of said improvements with caah to be obtained from the sale of bonds of Special Improvement District No. 428, as authorized by law. Such bonds will be in denominations of $100.00 each and fra- ctions or multiples of @lUU.UU where necessary, to be issued and chargeable against a fund to be known and designated as Specia~ Improvement District No. 428 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. 42e. Said bonds wi~l draw a simp~e j.nterest from the date of their registration until ca lIed for pa ymen t, at a rate not to exceed six (6) per cent per annum, wnich interest shall be chargeaQle as a part of the construction and installation of said improvement. 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 Montana, 1947, relating to special improvement districts in cities and towns and any amendments thereof or thereto. Section 7 Protests and Notice I That the regular session of the City Commission of the City of Bozeman, to be held at the Commission Chamber, Ci ty Ha~~ Bui~ding, Bozeman, Montana, on Wednesday, the 17th day of April, H')63 , at the hour of one o'Clock p.m. of said da ~r, i8 the time and place, when and where the Ci ty Commlss ion will hear and pass upon all protests duly and regularly made and fl~ed against the creation of said proposed Special Improvement District No. 428, the improvement proposed to be made pursuant thereto and the extent and character thereof, or ei ther 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 adoption of this resolution of intention. ...--- 155 Adopted by the Commission of the City of Bozeman, Montana, at a regular and stated session of said Commission heLd on the 2?th day of March, 1963. sf Fred M. Staudaher Ma yor I AT'I'EST: sf c. K. WiLson Clerk of the City Commission - - - - - - - NOTICE IN RE COMMISSION RESOLUTION NO. 1067 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 "SPECIAL IMl'RO"llEMENT DISTRIC'J.1 NO. 428. n No tice is hereby given tha t on the 2'7 th da y of March, 1963, at a regular session of the Commission of the City of Bozeman, Connnission Resolution No. lOE:)? , entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN DECLARING rr TO BE THE IN'I'ENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMt'ROVEMENT DISTTIICT TO BE KNOWN AS SPECIAL ni~PRO'iIEMEN'I' DISTRICT NO. 428 OF THE CI'l'Y OF BOZEMAN FOR THE PUR~OSE OF CONSTffiTCTING AND INSTALLING A PAVE~mNT PROJECT ON SOUTH WILLSON A VENUE FROM GRAN'I' STREE'I' TO SPRING CREEK ROAD, SAID PAVEI\lENT PROJECT TO INCLUDE CONSTRUCTION AND INSTALLATION OF A STORM SEWER LINE, COMBINATION CON- CRETE CURBS AND GUTTERS, GRAVEL BASE COURSE, CRUSHED GRAVEL I CUSHICHT COURSE, AND BITUMINOUS SURFACE COURSE. was passed and adopted. That Wednesday~ the l?th day of ApriL, 1963, at one o'clock p.m., at the Commission Room or the City Hall, Bozeman, Montana, is designated by Reso- lution No. 106'7 as the time and place for hearing objections to the action pro- posed to be~en by said resolution, when and where all persons whose property is wi thin said proposed Special Irr1provement District No. 428 on South Willson Avenue from Grant Street to Spring Creek Road, may appear and show cause, 11' 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 or doing such work and making such imnrovernents within said district, including all street excavation, all mate- rials, installation costs, engineering and incidentaLS$ which is to be specially assessed against the property within said district is '6l,50U.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 j' and further, each square foot of land within the dist- rict laying within 25 feet of the line of the street on which the improvements herein provided for are made, shall bear dou,ble 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 trict shall bear. Payment for the improvements is to be made in twenty equal annual installments. For a description of the boundaries of sald Special Im~rovement District No. 42~, reference is hereby made to Resolution No. 1067 of the Commission of the City of Bozeman declaring the intention to create-said Dlstrict~ which is on I file in the office of the undersigned Clerk of said Commission in the C~ty Hall of said City of Bozeman, State of Montana, and open for inspection to aLl inter- ested parties and the publiC general~y. This notice is given pursuant to the provisions of Section 11-2204, Revised Codes of Montana, L94? Dated tnls 27 day of March, 1963. sj C. K. WiLson Clerk of tne City Commission First published in the Bozeman DaiLy Chronicle April 1st , 1963. .. .-- :156 I State of Montana ) County of Gallatin) ss. City of Bozeman ) I, C. K. Wilson, Clerk of the Commission of The City of Bozeman, do hereby certify the foregoing Notice in Re, Commission Resolution No. lU67, was published at length in the Bozeman DailY ChroniCle, a newspaper of general circulation printed and published in said City in the issues of April 1st thru April 5th, 1963, inclusive, and due proof of such publicat10ns is on file in my office. IN WITNESS WH.EREOF I hereunto set my hand and affix the corporate seal of my office this 7th day of Ma y, 1963. I " e: (i-(;{)~/ Clerk of the City Commission - - - I