HomeMy WebLinkAboutResolution 836 Intion to create SID 390, Pavement Projects
117
COMMISSIO!-i RESOLTJ'rION NO. 836
A RESOLUTION OF THF. CITY C01\jT1lUSSION ')F THE CITY OF BOZEMAN DECLARING
IT TO BI~ THE INTENTION TO CREATE A SPRCIAL INPROVEMENT DISTRICT TO BE
K~WWN AS SPECIAL IVpROV8MEI\'T DTSTRICT NO. 390 OF THE C TTY O"L;' BOZEMAN
For Tm,: FTTRPOSE OF CONSTRUCTING AND INSTALLING A FA VENrENT !-'ROJECT ON
SOUTH CYPRESS AVENUE FROM EAST MAIN STREET TO EAST BABCOCK STREET, ON
I EAST rAECOCK STPET'T FROM SOUTH CYPRESS AVENUE TO SOUTH AYLSWORTH A VENUE,
ON sou'rH A YLSWOPTH A VENnE, PROM EAST BABCOCK STRRET TO EAST CURTISS
STREET, AND ON BAST CURTISS STRT<:ET FROM THE SOUTIffiAST CORNER r'.Ti' BLOCK
"D" OF MAR'NYN REARRANGEMENT TO THE NORTH-SOUTH CEN'1'ER LINE OF BLOCKS
" B" AYD "c " OF MARWYN R:<~Af1F1ANG"f\MENT, SAID PAVEMENT PRO.TECT TO INCLUDE
T!m cmJSTPUCTION AND INSTALLATION OF NECESSARv STORM SEvifER DFAINAGE,
cmrnIN A TI01l: CO~'Tr:P~T1T cmms AN" GUT'l'KRS AS REQTTIFED, GRAVEL EASE COUFSE
AS EE0UIREf), CRTTSHF.'" r,RA V 1:>; L CUSHION COTTP~'F" AND BITTTMTN01JS STJRPAC f~
COURSR AN'T' OTHEP W"YPK INCIDENTAL THERETO.
WHEPEAS, 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 properties situated
on South Cypress Avenue from East Main Street to East Babcock street, on East 89bcock
Street from South Cypress Avenue to South Aylsworth Avenue, on South Aylsworth Ave-
nue from East Babcock Street to East Curtiss Street, and on East Curtiss Street from
the Southeast corner of Block tlD" of Merwyn Rearrangement to the north-south center
line of Blocks "B" and "c" of Marwyn Rearran~ement in said City asking that a special
improvewent district be created for the purpose of constructing and installing a pave-
ment pro~ect to include the construction and installation of necessary storm sewer
dra~_naQ'e , combins tion concrete curbs andglltters as required, ~ravel base course as
I renuired, cuushed gravel cushion course, and bituminous surface course and other
work incidental thereto; and
WHEFBAS, That a t a regular meeting of the City Commission of the City of Boze-
man held on the 1st day of May 1957, the aforesaid petition wes respectively consider-
ed and gran ted ; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COM1'iTISSION 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 i~provereent di~trict to be known and designated as Special Improvement
District No. 390 of the City of Bozeman for the purpose of constructing and instal-
. Ilng a pavement-pro.1ect on South C:rpress Avenue from East Main Street to East Bab-
cock Street, on East Babcock Street from South Cypress Avenue to South Aylsworth
Avenue, on South Aylsworth Avenue from East Babcock Street to East Curtiss Stree t,
al1d on East Curtiss Street from the Southeast corner of Block "D" of Marwyn Rearrange-
ment to the north-south center line of Blocks "B" and "c" of Marwyn Rearrangement,
I said pavement project to include the cons true tion and ins talla tion of neces aary storm
sewer drainaQ'e, combins tion concrete curbs and g"Utters as required, gravel base course
as reau" red, cruf'hed grav81 cushion course, and bi tuminous surface cO\Jrse and other
work incidental thereto.
--
118
Section 2
Boundaries
~~6 boundaries of said Special Improvement District No. 390 are described as
follows:
Beg:inning at a point on the south line of East Main Street which is 150 feet
west of the west line of South Cypress Avenue, thence southerly 150 feet west I
of and parallel to the west line of South Cypress Avenue to the south line of
East Babcock Street produced; thence easterly to the northwest corner of Lot
1, Block "A" Merwyn Rearrangement; thence southerly to the southwest corner
,
of said Lot 1, Block "A"; thence easterly and southerly along the south and
west lines of Lots 1 to 16, Block "A" to a point of InterQection with the
center line of East Curtiss Street; thence easterly along ~he south line of
Block "C", Marwyn ~earrangement and said line produced to the south east
corner of Lot 3, Block "Cft; thence northerly along the east line of said Lot
3 and alongthe east line of Lots 1 to 6, Bock B, Marwyn Rearrangement
to
the Northeast corner of Lot 1, Block "B"; thence westerly along the north
line of said Lot 1 to a point of intersection with the east line of South
Aylsworth Avenue; thence northerly along the east line of Block 23, Northern
Pacific Addition to the City of Bozeman to the northeast corner of Lot 17 of
said Block 23; thence westerly along the north line of Lots 17 to 32,
Block
23 and Lots 13 to 18 of Block 22, No~thern Pacific Addition to the northwest
corner of Lot 18, Block 22; thence northerly along the east line of Lot 6,
Block 22 to the south line of East Main Street; thence westerly along the
south line of East Main Street to the point of beginning.
Section 3
Character or Improvements
Construction of a pf'vement pro.iect on SO'.1th Cypress Avenue from East Main Street
to East Babcock Street~ on East Babcock Street from South Cypress Avenue to South
Aylsworth Avenue, on South Aylsworth Avenue from East Babcock Street to East Curtiss
Street, and on East Curtiss Street from the Southeast corner of Block "D" of Ma rwyn
Rearrangement to the north-south center line of Blocks "3" and "e" of Marwyn Rear- I
rangement, said pavement proiect to include the construction and installation of
necessary ~torm sewer drainage, combination concrete curbs and gutters as required,
gravel base course as renuired, crushed p;ravel cushion course, and bituminous sur-
face course and other work incidental thereto.
Section 4
Estimate of Cost
The preliminary estimate of cost is $27,707.88, including all street excava-
tion, trench excavation and backfill, all ma terials, installation costs,
engineer-
ing and incidentals.
Section 5
Method of Assessment
The preliminary estimate of cost sot forth above is to be as~essed on a front
foot basis on all property Abuttir:g the streets to be improved.
On this basis, the
lineal frontage of the district 1s 3,744.36 feet.
Sec tion 6
Ac tual Area of District
I
The actual area of the district is 477,037.6 square feet, and protests will
be considered on an actual area basls.
Section 7
Fa ymen ts
That payments for said improvements shall be made in twenty (20)
annual install-
RESOLUTION NO. 836
..-
119
ments extending over a period of ninteen (L9) years, but this shall not be con-
strued tn prevent payment 1n full at any re~ular payment date by any property owner
who desires to do so. It is proposed to pay the entire cost and expense of the
con:=Jtruction and installation of said improvements with cash to be obtained from
I the sale of bonds of said Special Improvement District No. 390, as authorized by
law. Such bonds will be in denominations of $100.00 each and fractions or multiples
of $100.00 where necessary, issued and chargeable against a fund to be known
to rJe
and designated as Special Improvement District No. 390 Fund of the City of Bozeman.
The bonds will be redeemable a t the option of the Ci t~', singley or in multiples,
and in the order of their registration, whenever funds are available for that pur-
pose in said Special Improvement District No. 390. Said bonds shall draw a simple
interest from the d8te of their registration until called for payment, at a rate
not excAedin~ six (6) per cent per annum, which interest shall be chargeable as
a part of the cost of the con~truction and installation of said improvement. 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 pro-
visions of Title 11 of the Revised Codes of ~ontana, 1947, relating to special ~m-
provement districts in cities and towns, and any amendments thereof or thereto.
Section e
Protests and Notice
I That the regular session of the City CommlsE11on of the City of Bozeman, to
be held at the Commission Chamber, City Hall Building, Bozeman, Montana, on the
29th day of May, 1957, at the hour of one-o'clock P.M. of said day, are the
time
and place, when and where the Ci ty Commission will hear and pass upon all protests
duly and regularly made and filed against the creation of said proposed Special
Improvement District No. 390, the improvement proposed to be made pursuant thereto
and the extent and character thereof, or either thereof; and the Clerk of the City
Commission be, and he 1s 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 8th day of May, A.D. 1957.
4~~
Mayor
I A T'I'EST:
~~~~-./
. erk of the City Commission
RESOL~TTION NO. 836
.. - .".--..-.-....--..-.. ---
-..-"..--- -...
120
NOTICE IN RE
--
COMMISSION RESOLU'rION NO. 836 OF THE CITY OF BOZEMAN DECLARING THE INTlmTION
OF THE CITY OF BOZEMAN TO CREATE A SPI~CIAL IMPROVEMENT DISTRICT TO BF. KNOWN AND
DESIGNA TED AS "SPECIAL IMPRO\J'F~MENT ~ISTRICT NUMBE'r~ 390. It
Notice is hereby ~iven that on the 8th day of May A.D. 1957, at a regular
meeting of the Commission of The City of Bozerran, Commission Resolution Number 836 I
en ti tled:
A RESOLUTIOJlT OF 'rUE CITY COMMISSION OF' TBE CITY OF BOZEMAN DECLARING IT TO
BE THE INTEKTIm: TO CREATE A SPECIAL PffPROVEMENT DISTRICT TO BE KNOWN AS
SPECIAL IMPROVEMENT DISTRICT NO. 390 OF THE CITY OF BOZEMAN FOR THE PURPOSE
OF CONSTRTTCTING AND INSTALLING A PAVEMENT PROJECT ON SOUTH CYPRESS AVENUE
FROM EAST MAIN STREET TO EAST BABCOCK STREET, ON EAST BABCOCK STREET FROM
SOUTH CYPRESS AVENUE TO SOUTH AYLSWORTH AVENUE, ON SOUTH AYLSWOFTII AVT<:NUE,
FROM EAST BABCOCK STF-EFT TO EAST CURTISS STREET, AND ON EAST CTJRTISS STREET
FRm" THE SOUTHRAST CORNER OF BLOCK "D" OF MARWYNREARRANGEMENT TO THE NOTITH-
SOUTH CENTER LINE 0'" BLOCKS "B" AND "c" OF MARVVYN REARFANGE11ENT, SAID PAV'.2MENT
PFO.JECT TO IN8VIDE THE CONSTRUCTION AND INSTALLATION OF NECESSARY STORM SEWER
DRAINAGE, COMBINATION CONCRETE CPRBS AND GU'T'TERS AS REqUIRED, GRAVEL BASE
COURSE AS REqUIPTi:D, CRUSHED G FA VT::L CUSHION C01JRSE AND BITUMINOUS SURFACE
COUPSE AND OTHER WOBK INCIDENTAL THERETO.
~
was passed and adopted.
That Wednesday the 29th day of May, A.D. 1957, at one o'clock P.M. at the
Commission Room of the City Hall, Bozeman, Montana, is designated by said Resolution
No. 836 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. 390 on South Cypress Avenue
from East Main Street to East Babcock street, on East Babcock Street from South
Cypress Avenue to South AylswJrth Avenue, on South Aylsworth Avenue from East I
Babcock to East Curtiss Street, and on East Curtiss Street from the Southeast
corner of Block "D" of Marwyn Rearrangerrent to the north-south center line of
Blocks "B" and "c" of Marwyn Pearrangement in said City may appear and show cause,
~ -,-
if any they have, against said proposed improvement. Objections must be made in
wri ting and filed with the Clerk of the Ci t~r Commission not later than fifteen (15)
days after date of the first publication of this notice.
An approximate preliminary estimate of the cost of doing such work and making
such improvement within said District, including all materials, installation costs,
engineering and incidentals, which is to be specially a8ses~ed against the property
withIn said District, is $27,707.8f<. Costs of the project will be assessed on all
property abutting the streets to be improved. On this basis, the lineal frontage
nf the district is 3,744.36 feet. Payment for the improvements is to be made in
twenty (20) annual installm~nts over a period of ninteen (19) years with interest
on the deferred payments not to exceed six (6) per cent per annum payable annually,
but this shall not be construod to prevent payment in full at any regular payment
date by any propert\T owner.
I
For a description of the boundaries of said Special Improvement District No.
836 of the Commission of the City of Bozeman declaring the intention to create said
District, which is on file in the office of the undersigned Clerk of said Commission
RESOLUTION NO. 836
-----...-
121
in the City Hall of said City of Bozeman, State of Montana, and open for inspec-
tion to all interested parties and the public generally.
This notice is ~iven pursuant to the provisions of Section 11-2204, Revised
I Codes of Montana, 1947.
Dated this 8th day of May A.D. 1957.
~
/-<~ .- ~-..::..-----....L-c~----
dIer of the City Commission
First published in the Bozeman Daily Chronicle May loth, 1957.
State of Montana ) ss
County of Gallatin )
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 newsp8per of general circulation printed and published in said
c1 ty in the issue of May 10th, 1957 through May 15th, 1957 and tha t due proof
of such publication is on file in my office.
IN WITNESS WHEREOF, I hereunto se t my hand and affix the corpora te seal of
my office this 16th day of May, 1957.
I
P~SOLUTION NO. 836
-'- --