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HomeMy WebLinkAboutResolution 834 Intention to create SID 389 110 CC1.PUSSION RESOLUTION NO. 834 A FESOLTTTI"N OIi' THE CITY COMMISSION OF THE CITY OF BOZEMI\N DECLARING IT TO BE THF. HTTENTION TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN A3 A SPECIAL, I"/I~PFOV'~MENT DISTRICT NO. 389 OF' THE CITY OT<' BOZEMAN FOR THE PU11POSE OP CONSTRUCTING AND INSTALLING A PAVEMENT FRO.TECT em SOUTH G'RMTD A'TRNTT'" PFOM GI\PFIELD STPF.E'T' TO ITS POIN'T' OF TNT"RHS!~~TION WITH SOTTTH THIRD AVENTTE, SAID PAVI~1\IfEN'r PROJECT TO TNCLTmTi; THE C'INSrrRUCTION AND INSTALLATIO!! I OF A STORM SEWER LINE PR0M !1AFFTRLD STFEET TO LTNCOLN STREET, COMBINATION CONCP.;~TE CURBS A't-TTJ GU'I''T'EFS, 0PI\VEL PASE CODRSE, CBUSHT-W G'!iA VEL CTJSHION COUPST~ , ANn BITfT""TNOUS 2URFACTi-: COURSE A}:D O'ITilln WOTIK INCITYENTu,L THERETO. WHB"REAS, ~here has been filed with the Clerk of the City Commission of the City of Bozeman, Montana, a pet! tion in due form of certa:ln owners of properties situated on South Grand Avenue from rarfield Street to its point of intersection with South Third Avenue in said City asking that A special improvement distrIct be created for t~e purpose of cDn~tructlng and installIng a pavement project to include the conRtruc1ion and installation of a storm ~ewer line from Garf;eld St.~eet to Lincoln Street, combination concrete curbs and gutters, gravel base cour~e, crush8d gravel CUf'hion course, and bituminous surface cour~e and other work incjdental thereto; and WHEREA3, That at a regular meeting of the City Commission of the City of Bozeman held on the 24th day of April 1957, the aforesaid petition was respectively considered and granted; NOW THFREFORE, BE 1'1' P8S0LVED BY TEE CITY Cf"iMMISSION OF Tm::-: crrv OP BOZmrA}T: Section 1 I Declaration of Intentinn That it 1s hereby declared to be the intention of the City of Bozeman to create a special l11"provement district to be known and des5gnated as Special Improvement District No. 389 of the City of Bozeman for the purpose of con~tructing and Installin~ a pavement project on South Grand Avenue from Garfield Street to its point of intersection with South Th:Ird AVPTI1Je. said pavement ~ro1ect to include the construction and installation of a storm flewer Ilne from Garfield Street to Lincoln Street, cnmbination cancrete curbs and guitars, gravel base course, crus hed gravel cushion course, anc b1tu11"inous surface course and other work incidental they-eta. Section 2 Bou:ndaries The bounrtaries of said Special Improvement District No. 389 are described as fnllows: Beginning at the Northeast corner of Block sixteen ( 16) , of the Butte Addition to the City of Bozeman, Montana, thence westerly along the South line of West Garfield Street a distance of 135 feet; thence southerly 135 feet I West of and parallel to the West 11ne of South Grand Avenue to 9 point on the ce~ter line of West Lincoln Street; thence easterly along the center line of West Lincoln street to a poInt P7.85 feet west of tLe west line of South Grand Avenue: thence in a snutherly and westerly direction 87.85 feet west cf and parallel to U;e WRF'tLine ....,f' (~,....,,)th 0T'Q"1<j ,~ ~Ter'L\ to the East l~ne of Sout'r no~.' 1':4 l\ve!''Je; thence southerly along the east line of South Third .~ venue to the Sohth Boundary of Thompson Addition in the City of Bozeman; thence in an easterly and northerly direction 87.85 feet south and east of the East 11ne of South Grand Avenue to the centerline of West Lincoln --- III Street; thence easterly along the centerline of West Lincoln Street to a point 1:'55 fGiJt east of the east line of South Grand Avenue; thence northerly 135 feet East of and parallel to the East line of South Grand Avenue to the South line of West Garfield Street; thence westerly along the south line of West Garfield StrRet to the point of beginning. I Section 3 Characte~ of Improvements Construction of a pavement prolect on South Grand Avenue from Garfield Street to South Third Avenue, said pavement project to include the construction and installation of a storm sewer line with appurtenances from Garfield to Lincoln Streets, combinen concrete c"rbs and gutters, gravel base course, crushed gravel cushion course, and bituminous surface course, together with miscellaneous minor items. Section 4 Estimate of Cost The preliminary Estiwate of cost of $49,895.60, including all street excavation, trench excavation and backfill, all materials, installation costs, engineerinp: and incidentals. Section 5 Method of Assessment The preliminary estlwate of cost set forth above is to be assessed against the property within said District on an area basis as follows: I Costs of the project will be assessed on an area basis, with the first 25 feet of Bach lot next adjacent to the improvement being recorded at double its actlJal area in computing the assessable area of each lot. Section 6 Actual Area of District The actual area of the district as described is 386,611.8 square feet, and protests will be considered on an actual area basis. Section 7 Pa yrnen ta Tha t pa ymen ts for saId iwprovementa shall be made in twenty (20) annual installments extending over a period of ninteen (19) years, but this shall not be constrl1ed tn prevent payment in full at Any regular payment date by any prop- erty 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. 389, as authorized by law. Such bonds will be in ctonominations of $100.00 each and fractions or I multiples 02 $100.00 where necessary, to be issued and chargeable against a fund to be known and designated as Special Imp""'over::ent District No. 389 Fund of tLe City of Bozeman. The bonds will be redeemable at the option of the City, singley or in multiples, and in the order of their registration, wtenever funds are avail- RESOLUTION NO. 834 112 able for that purpose in said Special Improvement District No. 389. Said bonds shall draw a simple Interest from the date of their registration until called for payment, at a rate not exceedin~ six (6) per cent per annum, which interest shall be chargeable as a part of the cost of the construction and installation of said improvement. The bonds will be issued and Bold in I accordance with the provlsionp nf Section 11-2232 and Section 11-2271, Re- vised Codes of Montana, 1947, and all other applicable provisions of Title 11 of the Revised Codes of Montana, 1947, relatinp to special improvement districts in cities and towns, and any amendmnnts thereof or thereto. Section 8 Protests and Notice Tha t the rermlar session of the Ci ty Commission of the C1 ty of Bozeman, to be held at the Commission Chamber, City Hall Buildin~, Bozeman, Montana, on the 22nd day of May, 19b7, at the hour of one o'Clock P.M. of said day, are the time and place, when and wh~re the City Commis8ion will hear and pass upon all protests duly and regularly made an" filed against the creation of said proposed Spec'al Improvement District No. 389,the improvement proposed to be made pnrsuant thereto and the extent and character thereof, or either thereof; and the Clerk of the City Commission be, and he is hereoy, directed to give notice in the manner and for the time as by law required, of the adoption of this Resolution of Intention. I Adopted by t[;e CommIssion of the C1 ty of Bozeman, Montana, a t a regular and stated session of ~ald Commission held on the 1st day of May, A.D. 1957. ~~g~ ayor ~ ATTEST: ,/(!fi~~-~~ . Clerk of the D i ty Comnois sion NOTICE IN BE COMMISSION RESOLUTION NO. 834 OF THE CITY OP' BOZEMAN DECLARING THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL BTPR~VEMENT DISTRICT TO BE K~TOWN AND DESIGNATED AS "SPECIAL n1PPOVE~IIE:NT DISTRICT I Nm~BER 389." Notice Is herehy~lven that on the 1st day of May A.D. 1957, a t a regular meeting of the Commission of the City of Bozeman, Commission Resolution Num- ber 834 entitled: A RESOLUTION OB' TIm CITY C01\f1H,(~STON OF THE CrTv OF BOZEMAN DECLAPING IT RESOLUTION NO. 834 --- It:3 TO BE THE IN'!IENTION TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SP1"CIAL IMPROV1~~lVfENT DIS'PPICT NO. 389 OF THE CITY OF BOZEMAN FOR THE PFRPOSR OF cOlrsnmcTING AND INSTALLING A PAVEMENT PROJECT ON SOUTH GRAND A VE:t--THB FROM Gf.R'PIELD STRF,'PT 1'0 ITS POINT OF INTEFSECTION WITH SOUTH 'I'HIRD A VEnn, SAlT") PAVEMEW'P PROJECT '1'0 INCLUDE THE CONSTrUCTION AND INSTALLATION OF A STORM SEWEF LUTE FOOM GARJi'IELD STRRET TO LINCOLN STREE'r, COMBINATION CONCRETE CHRPS AN" GTTTT!~PS, GRA,V!?L BASE; COrr?:SR, CFTT'~HFr) GRAVEL CUSHION ConFSE, ANn BITTTT'HNonS SF'PPACE COURSE Am::' OTHEr WORK INCr,ENTAL TfTERETO. I was pAssed and adopted. Tha t Wednesday, the 22nd day of May, A.D. 1957, at one o'clock P.M. at the Commission Room of the City Hall, Bozeman, ~ontana, is designated by said Resolution No. 834 as the time and place for hearing objections to the action proposed to be taken by said resolution, and when and where any and all persons whose property is within said proposed Special Improvement District No. 389 on South Grand Avenue from Garfield Street to its point of intersection with South Third Avenue in said City may appear and show cause, if any they have, against said proposed i~provement. Objections must be made in writln~ and filed with the Clerk of the City Commission not 19ter than fifteen ( 15) days after date of the firE!t plJblication of this Notice. An approxlT1"ate pT'eliminary estimate of the cost of doini2' such work and makin~ such improvement within sai~ District, including all ma terials, installa- tion costs, engineering and inci'"'entals, which is to be specially assessed 8~ainst the property within said Sistrict, is $49,895.60. Propert;! immediately ad~acent to and within 25 feet of the proposed improvement is to be assessed at I double the assessment against the other property in the District. Payment for the improvements is to be made in twentv (20) annual in~tallments over a period of nineteen (19) years with interest on the deferred payments not to exceed six (6) per cent per annum, payable anruallY, but this shall not be construed to prevent payment in fvll at any regular payment date by any property owner. For a description of the bounfaries of said Special Improvement District No. 389 reference 1s hereby made to Resolution No. 834 of the Commission of the City of Bozeman declaring the intentio~ to create said District, which is on file in the office of the undersiRDed Clerk of said vommission in the C1 ty Hall of Said City of Bozeman, State of Montana, and open for inspection to all interest- ed partjes and the public generally. This notice is given pursuant to the provisions of Section 11-2204, Revised Codes of Montana, 1947. Dated this 1st day of May A.D., 1957. ~~ . I ( . . ... &1<_. .-;:Z---'i!"~:>7~~"-""'V- C erk of the City CommissIon Published in the Bozeman Dail~ Chronicle May 5th , 1957. State of Montana, County of Gallatin) ss I, L.G. Shadoan, Clerk of the Commission of The City of Bozeman, do hereby certify that the foregoing Notice was published at length in the Bozeman Daily Chronicle, a news- paper of general circulation printed and published in said city in the issue of May 6th through May 10th, 1957 and tha t due proof of such publica tion is- on file in my office. IN WITNESS WHEREOF, I hereunto set my hand and affix the corporate seal of my office this 10th day of May 1957. Gle~K~~~~~'~ FE:~OLTJTION NO. 834 -..