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HomeMy WebLinkAboutResolution 1039 SID 424 78 COMMISSION RESOWTION NO. ~ A RESOLUTION OF THE CITY COMMISSION OF TEE CITY OF BOZE- MAN DECLARING I'l' 'l'u BE 'l'rlE INTEN'rrON OF THE CI'l'Y OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS I SPECIAL IMPROVEMENT DISTRICT NO. 424 OF THE CITY OF BOZE- MAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING A STORM DRAINAGE SYSTEM TO SERVE THE AREA BETWEEN NORTH GRAND AVE- NUE AND NORTH ROUSE AVENUE FROM VILLARD STREET TO TAMARACK STREET, SAID STORM DRAINAGE PROJECT TO INCLUDE NECESSARY PIPE LINES, MANHOLES, DRAIN INLETS AND OTHER NECESSARY APPURTENANCES, AND FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING A PAVEMENT PROJECT ON NORTH GRAND AVENUE FROM PEACH STREET TO TAMARACK STREET, ON NORTH WILLSON AVENUE FROM SHORT STREET TO COTTONWOOD STREET, ON NORTH TRACY AVE- NUE FROM PEACH STREET TO TAMARACK STREET, ON NORTH BLACK AVENUE FROM PEACH STREET TO TAMARACK STREET, ON NORTH BOZE- MAN AVENUE FROM PEACH STREET TO TAMARACK STREET, ON NORTH MONTANA AVENUE FROM PEACH STREET TO ASPEN STREET, ON PEACH STREET FROM GRAND AVENUE TO BLACK AVENUE, ON CO TrO NWOOD STREET FROM GRAND AVENUE TO ROUSE A VENUE, ON ASPEN STREET FROM TRACY A VENUE TO ROUSE A VENUE AND ON TAMARACK STREET FROM THIRD AVENUE TO ROUSE AVENUE, SAID PAVEMENT PROJECT TO INCLUDE COMBINATION CONCRETE CURBS AND GUTTERS, GRAVEL BASE COURSE, CRUSHED GRAVEL CUSHION COURSE, BITUMINOUS SURFACE COURSE AND OTHER 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 the streets hereinafter specified asking that a speciaL improvement district be created for the purpose of constructing and installing a storm drainage system to include necessary pipe lines, manholes, drain inlets and other necessary apImrtenances and for the purpose of constructing and installing a pavement project to include combination concrete curbs and gutters, I gravel base course, bituminous surface course and other work incidental the re to ; and WHEREAS, at a regular meeting of the City commission of the City of Bozeman held on the 31 day of May A.D. 1962, the aforesaid petition was respectively considered and granted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF TI-IE 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 Improvement District No. 424 of the City of Bozeman for the purpose of constructing and ins tailing a storm drainage system to serve the area between North Grand Avenue and North Rouse Avenue from Villard street to Tamarack Street, said storm drainage project to include necessary pipe lines, manholes, drain inlets and other necessary appurtenances, and for the pur- pose of constructing and installing a pavement project on North Grand Avenue from Peach Street to Tamarack street, on North Willson Avenue from Short Street to Cottonwood Street, on North Tracy Avenue from ~each street to Tamarack Street, on North Black Avenue from Peach Street to Tamarack Street, on North Bozeman Avenue from Peach Street to Tamarack Street, on North Montana Avenue from Peach Street to Aspen Street, on Peach Street from Grand Avenue to Biack Avenue, on Cottonwood Street from Grand Avenue to Rouse Avenue, on Aspen Street from Tracy Avenue to Rouse Avenue and on Tamarack Street from 'J,'hird Avenue to Rouse Avenue, said pavement project to include combination concrete curbs and gutters, gravel base course, c~lshed I gravel cushion course, bituminous surface course, and other work incidental there to. Section 2 Boundaries The boundaries of said Special Improvement District No. 424 are described as follows: (Continued on Page No. 79) 179 Beginning at the point of intersection of the centerline of North Grand Avenue with West Villard Street, thence in a northerly direc- tion along the centerline of North Grand Avenue to the centerline of West Peach Street; thence in a westerly direction along the cent- erline of West Peach Street to a point 100 feet west of the West line of North Grand Avenue; thence in a northerly direction luO feet West of and parallel to the West line of North Grand Avenue to a I point on the centerline of West Tamarack Street; thence in an east- erly direction along the centerline of Tamarack Street to a point on the centerline of North Rouse Avenue; thence in a southerly direction along the centerline of North Rouse Avenue to a point on the centerline of East Aspen Street; thence in a westerly direction along the centerline of West Aspen Street to a point 15U feet East of the East line of North Montana Avenue, the same being the center- line of the a~ley in Blocks 42 and 45 of Imes Addition; thence in a southerly direction along the centerlines of said alleys to a point on the centerline of East Peach Street; thence in a westerly direc- tion along the centerline of East Peach Street to a point 150 feet West of the West line of North Black Avenuej thence in a southerly direction ~5u feet West of and parallel to the West line of South Black Avenue to a point on the centerline of Villard Streetj thence in a westerly direction along the centerline of Villard Street to the point of beginning. Beginning at a point on the centerline of North Grand Avenue, said point being 150 feet south of the South line of West ~each Street, thence in a northerly direction along the centerline of North Grand Avenue to a point on the centerline of West Peach streetj thence in a westerly direction along the centerline of West Peach Street to a point 100 feet West of the West line of North Grand Avenuej thence in a northerly direction 100 feet West of and para~~el to the West line of North Grand Avenue to a point 150 feet South of the South line of West Tamarack Streetj thence in a westerly direction 150 feet Smlth of and parallel to the South line of West Tamarack Street to the centerline of North Third Avenue; thence in a northerly direc- tion along the centerline of North Third Avenue to a point 150 feet North of the North line of Tamarack Streetj thence in an easterly direction 150 feet North of and para~lel to the North line of Tamarack Street to the centerline of North Rouse Avenue; thence in I a southerlY direction along the centerline of North Rouse Avenue to a point 15U feet South of the South line of East Cottonwood Street; thence in a westerly direction 150 feet South of and para- llel to the South line of Cottonwood Street to a point 100 feet East of the East line of North Montana Avenuej thence in a southerly direction 150 feet East of and parallel to the East line of North Montana Avenue to a point on the centerline of East Peach Streetj thence in a westerly direction along the centerline of East Peach Street to the centerline of North Black Avenuej thence in a south- erly direction along the centerline of North B~ack Avenue to a point 15u feet South of the South line of East .t'each Streetj thence in a westerly direction 150 feet South of and para~lel to the South line of East Peach Street to a point 150 feet East of the East line of North Willson Avenuej thence in a southerly direction 150 feet East of and parallel to the East line of North Willson Avenue to a point on the centerline of West Short Street; thence in a westerly direction along the centerline of West Short Street to a point 150 feet West of the West line of North Willson Avenuej thence in a northerly direction 150 feet West of and para~lel to the West line of North Willson Avenue to a point 150 feet South of the South line of West Peach Streetj thence in a westerly direction 150 feet South of and parallel to the South line of West Peach Street to the point of beginning, excepting therefrom a portion of Blocks 33, 34, 37 and 38 of Imes Addition said portion more particularly described as follows: Beginning at a point 100 feet East of the East line of North Grand Avenue and 150 feet North of the North line of West Cottonwood Street, thence in a northerly direction 100 feet East of and parallel to the East line of North Grand Avenue to a po in t 150 feet South of the South line of Tamarack streetj thence in an easterly direction 150 feet South of and parallel to the South line of Tamarack Street to a point 150 feet West of the West line of I North Tracy Avenuej thence in a southerly direction 150 feet West of and para~lel to the West line of North Tracy Avenue to a point 150 feet North of the North line of West Cottonwood Street; thence in a westerly direction 150 feet North of and parallel to the North line of West Cottonwood Street to the point of beginning. (Continued on Page No. 80) 80 Section 3 Character of Improvements Construction and installation of a storm drainage system to serve the area between North Grand Avenue and North Rouse Avenue from Villard Street to Tamarack Street, said storm drainage project to include necessary pipe lines, manholes, drain inlets and other necessary appurtenances; I Construction of a pavement project on North Grand Avenue from Peach Street to Tamarack Street, on North Willson Avenue from Short Street to Cottonwood Street, on North Tracy Avenue from Peach Street to Tamarack Street, on North Black Avenue from Peach Street to Tamarack Street, on North Boze- man Avenue from Peach Street to Tamarack Street, on North Montana Avenue from Peach Street to Aspen Street, on Peach Street from Grand Avenue to Black Ave- nue, on Cottonwood Street from Grand Avenue to Rouse A venue, on Aspen Street from Tracy Avenue to Rouse Avenue and on Tamarack Street from Third Avenue to Rouse Avenue, said pavement project to include combination concrete curbs and gutters, gravel base course, crushed gravel cushion course, bituminous sur- face course, and other work incidental thereto. Section 4 Estimate of Cost The preliminary estimate of cost of the storm drainage system, including ~ll trench excavation and backfill, all materials, installation costs, engin- eering and incidentals, is $97,919.00; The preliminary estimate of cost of the pavement project, including all street excavation, aLl materiais, installation costs, engineering and incident- als, is $286,673.93. Section 5 Method of Assessment The preliminary estimate of cost of the storm drainage system as set forth above will be assessed on an actual area basis with the actual drainage area being 2,283,447.47 square feet; I The preliminary estimate of cost of the pavement project as set forth above is to be assessed against the property within said district on an area basis as follows: Cost of the pavement project will be assessed on an area basis, wi th the first 25 feet of each lot next adjacent to the improvement being recorded at double its actual area in computing the assessable area of each lot. On this basis, the assessable area of the district is 2,683,560.95 square feet. Section 6 Actual Area of District The total actual area of all property within Special Improvement District No. 424 is 2,736,616.22 square feet and this is the area on which all protests will be decided. Section 7 pa ymen ts That payment for said improvements shall be made in twenty (20) annual installments extending over a period of nineteen (19) years, but this shall 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 improvements with cash to be obtained from the sale of bonds of said Special Improvement District No. 424, as authorized by law. Such bonds will be in denominations of $lOO.UO each, and fractions or multiples of $100.uu where necessary, to be issued and chargeable against a fund to be known and designated as Special I Improvement District No. 424 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. 424. Said bonds will draw a simple interest from the date of their registration until called for payment, at a rate not to exceed six (6) percent per annum, which interest shall be chargeable as a part of the cost of construction and installation of said improvements. 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, 194'7, relating to special improvement districts in cities and towns, and any amend- ments thereof or thereto. Section 8 (Continued on Page No. 81) -- 81. Protests and Notice That the regular session of the City Commission of the City of Bozeman to be held at the Commission Cnamber, City Hall Building, Bozeman, Montana, on Wednesday, the 27 day of June , 1962, 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 regularly made and filed against the creation of said proposed Special Improvement District No. 424, the improve- ments proposed to be made pursuant thereto and the extent and character thereof, I 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 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 31 day of May, 1962. sf Fred M. Staudaher Ma yor ATTEST: _. .~ C~k~ e {((y Commission .... - - - I NOTICE IN RE COMMISSION RESOLUTION NO. 1U39 OF THE CITY OF BOZEMAN DEC~LARING THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMfROVEMENT DISTRICT TO BE KNOWN AND DESIGNATED AS "SPECIAL IMPROVEMENT DISTRICT NO. 424". NOTICE IS HEREBY GIVEN tha t on the 31s t day of May 1962, a t a regular session of the Commission of the City of Bozeman, Commission Resol- lution No. 1U39 entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZmfAN TO CREA TE A SPEC IAL DITPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 424 01" THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING A STORM DRAINAGE SYSTEM TO SERVE THE AREA BETWEEN NORTH GRAND A VENUE AND NORTH ROUSE A VENUE FROM VILLARD STREET TO TAMARACK STREET, SAID STORM DRAINAGE PROJECT TO INCLUDE NECESSARY PIPE LINES, MAN- HOLES, DRAIN INLETS AND OTHER NECESSARY APYURTENANCES, AND FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING A PAVEMENT PROJECT ON NORTH GRAND AVENUE FROM PEACH STREET TO TAMARACK STREET, ON NORTH WILLSON AVENUE FROM SHORT STREET TO COTTONWOOD STREET, ON NORTH TRACY A\~NUE FROM PEACH STREET TO TAMARACK STREET, ON NORTH BLACK AVENUE FROM PEACH STREET TO TAMARACK STREET, ON NORTH BOZEMAN AVENUE FROM PEACH STREET TO TAMARACK STREET, ON NORTH MONTANA AVENUE FROM PEACH STREET TO ASPEN STREET, ON PEACH STREET FROM GRAND AVENUE TO BLACK AVENUE, ON I COTTONWOOD STREET FROM GRAND AVENUE TO ROUSE AVENUE, ON ASPEN STREET FROM TRACY A VENUE TO ROUSE A VENUE AND ON TAMARACK STREET FROM THIRD A VENUE TO ROUSE A VENUE, SAID PAVEMENT PROJECT TO INCLUDE COMBINATION CONCRETE CURBS AND GUTTERS, GRAVEL BASE COURSE, CRUSHED GRAVEL CUSHION COURSE, BITUMINOUS SURFACE COTJRSE AND OTHER WORK INCI- DENTAL THERETO. was passed and adopted. The Wednesday, the 27 day of June , A. D. 1962, at one o'clock p.m., at the Comm::1.ssion Room of the City Ha.ll, Bozeman, Montana, is designated 82 be Resolution No. 1039 as the time and place for hearing objections to the action proposed to be taken by said resolution when and where any and all persons whose property is within said proposed Special Improvement District No. 424 may appear and show cause, if any they have, against said proposed improvements. 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 pub~ication of this notice. An approximate preliminary estimate of the cost of the storm drainage I system, including all trench excavation and backfill, all materials, install- ation costs, engineering and incidenta~s, which is to be assessed on an actual area basis against the property within said district, is $97,919.00. The actual drainage area is 2,283,447.47 square feet. An approximate preliminary estimate of the cost of the pavement project, including all street ex cava tion, a~l ma terlals, installa tion costs, engineer- ing and incidenta~s, which is to be assessed against the property within said district, is $286,673.93. The total assessable area of all property within the said district, with the 25 feet adjacent to the improvement taken at double its actual area, is 2,683,560.95 square feet. Payment for the improvements is to be made in twenty (20) annual install- ments over a period of nineteen (19) years with interest on the deferred pay- ments not to exceed six (6) percent per annum, .. payable annually, but this shall not be construed to prevent payment in full at any regular payment date by any property owner. " For a description of the boundaries of said Special Improvement District No. 424, reference is hereby made to Resolution No. 1039 of the Commission of the City of Bozeman declaring the intention to create said dlstri~t, 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 11-2294, Revised Codes of Montana, 1947. Dated this 31 day of May A. D. 1962. ./ ( Cle~((~~ I First published in the Bozeman Daily Chronicle June 7 - ,1962. .....--- State of Montana ) ) ss County of Gallatin) I, C. K. Wilson, Clerk of the Commission of the City of Bozeman, do hereby certify the foregoing Notice in Re, Commission Resolution No. 1U39 was published at length in the Bozeman Daily Chronicle, a newspaper of general circulation pr/i~ted and published in said City in the issues beginning June 7, 1962 thru June 12, 1962 inclusive, and due proof of such publications are on file in my office. IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my office this 19th day of June, 1962. - ~' I -j~ ";::. .( ./ Cler~~ 4: ~~n .... - - ..