HomeMy WebLinkAboutResolution 838 Intention to Create SID 392
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COM.MISSIONRBSOLtTTION Ni.
838
A RESOLUTION OF THE CITY COMMISSION OF TlfE CITY OF BOZEMAN DECLARING 1'1' TO BE
THE INTEI'JTION TO CREATE A SPECIAL ~l\r.PP0VEMENT DISTRICT TO BF; KfWWN AS SPECIAL
IMPROVEMENT DISTRICT NO. 392 OF THE CITY OF BOZEMAN FOR TW PURPOSE OF CON-
STR1JCTING !'.ND INfTALLIVG A STORM rRAnTAW'~ SYSTE'~ TO SERVE THE AREA WITHIN '['HE
CITY LIMITS OF THE CITY OF BOZEMAN SITUATE ON THOSE STREETS AND AVENUES IN THE
SAID CITY OF BOZEMAN LYING BETWEEN WEST Mil. IN STREET AN::) WEST LINCOLN STREET
PRODUCED, FROM SOUTH EIGHTH AVENUE TO SOUTH F'IPTEEN'T'F AVENTTE EXCF;PTHTG T1-1AT I
PORTION OF SOUTH EL1!~VENTH AV:~NUE AND SOUTH:'LRVENTH\VENUE PRODUGTW EXTENDING
FR'\M W."'T MAIN STREST TO A POINT 91.5 FEET NORTH OF THE NORTH LINE OF WEST
CURTISS STRF;ET, AND EXCEPTING THA1' PORTION OF SOUTH FIFTEENTH A VENUE FROM WEST
KOCH STREET TO WEST COLLEGE STREET, SAID STORM DRAINAGE PROJECT TO INCLUDE
NECESSAR'V PIr~ LINES. MANHOLES, DRAIN INLf~TS AN:.) OTWm NECESSARY APPURTENANCES
AND OTHER WORK INCrDE~:TAL THER~TO.
WHEREAS, 'rhere hHS been filed wi t.h the Clf:lrlc of th'9 City Commissirm of the C1 ty
of Bozeman, M0ntana, petitions in due form of certaln owners of properties situated
on those streets and avenues in the sa10 City )f Bozeman, lying between West Main
Street and West Lincoln street produced, from Sonth Eighth Avenue to South Fifteenth
Avenue excepting thnt pt)rti0n of South Eleventh Avenne and South Eleventh J\vfJnne
pr<)duced extendlnp- from 'Nes t Main street to a p\)int 91.5 feet North of the North line
o~ West Curtiss Street, and excepting thE1t p)rtLm of' South Fifteenth Avenue fr)'1l
West Koch street to West College Street, Hskin[ that 8 special improvement district be
created for the pl~pOSA of c~nstructing Bnd instnlltnr B storm drainage system to
serve the area within the City Lirrlits of the City of' 8"neml:m, to include necessar~
pipe lines, manholes, drain inlets and other necessary ap91n'tena~ces and other work
incjdental theret~; and
I
~iEPEAS, That at a regular meetin~)f the City Gommis~1nn of' the City of Boze-
man held on the l~th day of Mav, 1957, the aforesaid petition was respectively cn~-
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Ridered and granted; NO'V TImFBFJRE,
BE IT fiES)I,vED BY 'rIm CI'rY C;)Mj'USSI,)~J OF 'rr-lE CITY ()F' '~inEMAN:
Sectlor:
I
Declaration of' Intention
That it is herebY declared to be the intention of the City of Bozeman to create
a spec ial impr 'we'TIent d is tr ic t t) be knr)wn and des iITnv tad a s Spec lB 1 Improvement
District Hr,. 392 of the City ()f Bozeman for the pl.tr-rV)Se of clDstructlnc end installinf,
B storm drainage system to serve the area within the City limits of the C1.ty of Boze-
man, sltnate on those streets and avenues in the s81.d Cit~r of ~3()~eman l;ring bAtween
West MalD Street and West Line;)ln Street pr>duced, f'rr\rrl South E5,r'1:1th Avenue to South
Plfteenth A Venl~e except inrr the t port i',):1 r) (' S'J1_lth Eleven th A venue and SOl)th Eleventh
Avenue prodlwed extendin[ rr~m West Main Street to a point 91.5 feet North of the
North 11ne of West Curtiss street, and exc ept;_DP that pJrtlcm of South Pi f'teenth A venue
from West Koch Stroet to V.Jest C >llAg:e 8treet to include necessary pipe lines, manhJles I
drain inlets and other necessary app1wtenances end other work incidental theT"()to.
Secti'Jn
?
Boundaries
The boundaries of said Special Improvement District 1ITo. 10? are described as
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.
..;
follows:
Bee;inning at a p')int 'm the south line of West Main Street said point bAinc: 133
fAet east ~f the East line of South Ninth Avenl~, thence southerly 133 feet 0Bst
of And Derallel to the Rast line of South Ninth Avenue to the centerline of the
east-we~t alley in Block 4 West Park Addition to the City of Bozeman; thence
westerly alonf: S81r1 centerline t'.) a point 1::>1 feet east c}f the East line of South
I Ninth Avenue; thence southerly 121 feet east of and parallel to the e8st line of
SOUGh Ninth Avenue to the South line of West Koch Street; thence easterly along
the south line of West Koch Street to a point 123 feet east of the east line of
South Ninth Avenue; thence southerly 123 feet east of and parallel to the East
line of South Ninth Avenue to the South line of West Story street; thence easter-
ly along the South line of' West story Street to a point 128 feet east of the ~ast
line of South Ninth Avenue; thence southerly 12H feet eBst of and parallel t~ the
East line of S')uth Ninth Avenu.e to a p'Jint 150 feet south of the South 15.ne of
West Dickerson street; thence westerly ISO feet south of And parallel to the South
line ,)!' West D5.ckerson street to the West line of South Ninth Avenue; thence
sOlltherly alonc the West line of South Ninth Avenue to B point 150 feet south of
the south line of West Alderson street; thence westerly 150 feet south of Bnd
parallel to the south line of West Alders0n street to a paint 143 feet east of
the east line of South Tenth Avenue; thence southerly lL3 feet east af and par-
allel t) tile east line of South Tenth Avenueto the South line of' 'Nest College
Street; thence easterly along the south line of West Coll'~ge Street to the west
line of South Eighth Avenue; thence southerly alone the west line of South Eighth
Avenue and said Avenue prJd1ACecl to the north line of West Lincoln Street produced;
thence westerly along the north line of West Lincoln street produced t) the east
line of South Eleventh Avenue; thence northerly along the east line of SQuth
Eleventh Avenue to the north line of West College Street: thence westerly along
the north line of West College Street to a point 123 feet west of the west line
of South POl~teenth Avenue; thence northerly 123 feet west or and parallel to
the west 1 ine of' South t,'o'lrteenth Avenue to a point 11:0 feet south of the South
line of West Koch Street; thence westerly 110 feet south of and parallel to the
South line of West Koch Street t~ the east line on South Fifteenth Avenue; thence
northerly al,mr: the east line of South Fifteenth Avenue t!) a point Ibo feet: north
of the North line of West Koch Street; thence easterly lLiO feet north afar,,;' par-
allel to the north line of loVest Koch Street to the east line ,)f South Tn ',y-.teenth
Avenue; thence northerly al,mg the east line of SOllth Thirteenth Avenue tQ a
p Jint J50 feet nJrth of the n;)rth line of Wes t Koch Street; thence easterly 1~0
feet north of and parallel t~ the no~th line o~ West Koch street to the center-
I line of t~e vacated north-so1Jth alley in Black 7, West Side Addition to the City
of Bozeman; thence northerly along the centerline of said vacRted alley to the
nJrth line of' West Gurtiss Street produced: thence easterly along the north line
of '!\Test Curtiss Street produced to the eB3t line')f' South Twelfth Avenue; thence
northerly alon~ the east line of South Twelfth Avenue to the City Limits line;
thence easterly along said City Limits line t) the East line of South Eleventh
Avenue; thence northerlv a10TIR the east line of South Eleventh Avenue t:J a point
1)0 feet n)rth of the nJr th line of lIVest Curtisn Street; thence easterly 150
feet
north of' Hnd parallel t) the north line of 'Nest Curtiss Street to a point 110
feet west of the west line of South Tenth Avenue; thence n:Jrtherly 110 feet wes~
of and parallel tJ the west line of South Tenth Avenue to the north line oP the
Bast-west alley Block 6, West Park Addition to the City of Bozeman; thence west-
erly along the north line of said eust-west alley t:) a pointll1.92 feet west of
the West line of South 'fenth Avenue; thence northerly from said pJint 111.92 feet
west of the west line of South Tenth Avenue tJ a polnt ~n the south line of West
Ba bcocl{ Street 110. d feet west of ttle wes t line ,)f South Tenth Avenue; thence
northerly to a point on the north line of VVest Babcock Street 120 feet west of
the west line of South Tenth Avenue; thence northerly 120 fact west of and par-
allel t) the west line of South Tenth Avenue to the south line ()f West MaIn
street; thence easterly along the south line of West Main Street to the point of
beginning.
Section 3
Character of Improvements
Construction and installation or a storm drainage system includlnF necessary
pipe lines, manhJles, drain inlets, and ',Jther neces'3ary appurtenances.
Une outlet
ulon~ South Ninth Avenue tJ meet existing system at West Main Street, and one
Jutlet
I on South 11:le"cnth Avenue, ending at 8 point 91.5 feet north of the North 1 i.ne of West
Curtiss Street emptyin~ int.) an open, existinS channel, and. Jther w)rk
incidental
thereto.
Section L;
EstImate of Cost
'rhe pre1ininar-;T estirn.ate of cost is ~"13L"L'15.70 includLH~ all trench excavation
CI)MT.nssrm PF;i;)LU'rIVJ N). U30
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and backfill, all materials, installation costs, enclneerinc Hnd incidentals.
Section :;
Method of Assessment
The preliminary estimate of cost set forth above will
be assessed on an ~ctual areB
basis, with the prJperty abutting Eleventh Avenue payin~ an estimated 7.1 ce11.ts per
I
souare fo)t; the area wi thin the district bet'veen 1'Jest 1\1ain street and '!\fest
College
street fr>m South "81 !<ht'l !lvenue to':;outh Fifteenth Avenue, excluding the
area abuttlnp-
Eleventh Avenue, payinv Rn estImated L.S cents per s aunrs
f))t: Dnd the cJntributary
area within the MontanH state (Je)llege campus South of West Colle~e street payin~ an
esti.muted 0.9 cents per square f)ot.
Section 6
Actual Area of District
The actual are8 of the di'1trict as described is L,OI~/:))
C.17 sq1wre feet
and prC)_
test'3 will be c)nsidered on an actual area basis.
Sec:tim ?
Payments
That payments for said improvem.ents shall be made
in twenty (20) a rln llS 1 install-
ments extend-tnp: over a period oP ninete~n (1 ))
years, but this s~wll n)t be c)ns
trued
to prevent payment in full at any regular payment date by Dny ~ropert~
owner who
desires t,) dc) s i.J . It is oropc)sed to
pay the entire cost l-Jncl expense 0f the cms truc-
tir)rl and lnstallation of sAid impr'J'rements wi th cash t) be obtlJ inud fr'Jtl1 t!18
sale rjf I
boncls ')f said Special Impr~veMent District N~. 1<)2. as
authorized l)V le'v. Such bJnds
will be in cienominotions of ~;IOO.O() each and fractiQns or
multiples of ~;lOO. 00 where
nece~3 sary, t) be issued und chFrfeab~e arrainst n fund to be knJwn Hnd
de~31rnbted liS.
Special Improvement District No. 392 F' 'nd of the City of Bozoman.
The bonds will be
redpe~ableat the option cif the.CltYf sinerly or :':n m111t1ples.
and in the order Of' thejr
rA g 1 s t ra t ion, whenever fllnds are avallqbl~ fnr that purDos~
in seid ~peGial Improvement
District No. 392. Said bonds shall draw a s1mple interest from the
date of their
rep'is~)3tion until called for ~a~ent, a t a rate not exceed:trg
six (. per cent p?r annum. '.'Ih c interest 3hall be charQeable 8.8 a part
)f the C)st
of the constructi)n and installation o~ said impr)vement. 'I'he
vmds will be i
S 3 ue d
and sl)ld in accordAnce with t:le pJ~l)Vj sinns :)[ Section 11-2232,nnd Section 11-2271,
Reviscd Codes of Montana. 19L'( , and all other
applicvble pr")vis tons of' Title
11 of
the ~Bvise0 C~des of Montana, 1 ~)J 7, relat1ns to Special
Impr)vement Districts In
cittes and t,)wns, and nny amendments t'1ereof'
)1' theret).
Section d
Protests Hnd l\f'Jtice
'T'hat the rep-ular session of' the City Commis3i)yl of t'1e Ci.ty of BozemAn, t)
be
held vt the Co~n..111issi)n Chamber, City Hall Building, 'Sozeman,
HontHna, on the 19th
I
day :)f June, 1 67, at the h)ur ')f 0ne
r) , C 10 el{ P. M . of said day, are
tlle time and
place when and where the City Commission will hear al1d pass
11p)n Rll PI' )tests duly
and regularly 1ade and filed against the creation or
said pr YO )8"d SpaciHl Impr)vement
nistrict l\h. -3':)2 , the impr'Jvement pr)p)sed t) be made pursl~ant
the)'et~) a '1,1 tne
extent
and character thereof, Dr e i t'1er there)f: and trw Clerk of
the G1 br C:)mmi S 8 i on 1)8,
and
C')Mit1IS;:nl~J
r~'~S)LTJTlIUlT Jh;. ,) 3d
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he 1s hereby, dj Y'e(~ ten. t,) I';i ve not l~ e in the manner Bnd for t rle time as by law reauired
of the adoption <)1 this Resolution ()+:' Intention.
Adopted b'I the Cor.rr:d.ssi:m :)f the City ~)f Bozem::m, IbntanB, at a reg~lar and stated
I session af said Cor1.':lission held on the ?2nd day of May, A.D., V) S '/ .
~?f /--~-U9-z-
-- ::..-' "-
Mayor
A T'rES'r :
~ .
,,--' ~~~
C erk of the ctt:r COffi",1isslon
N()'nCE IN HE
C'JI',fTIC)STY,T pT':SJLTT'l'IJN 'NJ. tHe OF TTm crr" )F' BOZEMAN DECLAPING '['HE IN'rE1\TTION
OF TEE GI'ry UP 3')ZEr,1ftN TO CR'~A'rE A SPECIAL DJPRJ'iTEMENT DIS'T'RIC'r 'ro f3E KN01.'V1\T
A'iJD DESIG~J1\'rED AS "SPSCTAL n1pn:JVELm~T'r DIs'rRICT 1\TUM'-3EP 392."
Notice is hereby ~lven that m tbe ?2nd dDY of !'IIsy, A..D., 19:~7 ,
at a refular
meet ins of the Cornmtssion of the Cit~r ')f 3ozeman, Cor1mtss ic)1'l Peso111tion Nu-nber
i33i3 entitled:
A PESJLUTTI)j'J}P THE crry CJ111 TI3SI,)N ,)1<' TrE CI'rY.)H' iJJZEiHlf-I ni~CLJHinJG 1'[' '1'0
I BE 'rHF. I N'l'~"J'rION 'rl) (~HEj~ TT-<: A SPEC lAL II\1PP J'JEIiIENT DISTR IC'l' 'r BE KNO'lJ"! AS
SP'~C:::/'-L IMPp()\r:EME'J'r ')IS'rPICT N). 3')2 JP 'rYE CITY OF' BOZ1~r'J!M;"i'OP 'rq;~ P1fPP'JSE
}f' CJN3'rp ITCTPJC. AND INSTAL T.PJG A STI)FM DRJ\ INA GE SYST:';'.1 T) S: Yvr,: 'J'r-rF. P,PT?'A
:vr'r'-UN ']'I-fT?, c:C'rv LIMI'rS JP' 'T~-rr. CI'r' JP30~sEl'r/IAN SITITATF. ,TN TTw:m S'rp~T~~rrS AT\JD
AVENUES IN 'r'1'~ SAID CrEY OF I3():6m1A~J LYING i3E'r"v'EEN 1VES':P MAIN S'],PE1:<;'r JI,1\TT) 'NES'r
LP~CJLN STRE2;'r pP )DTJC~D, FROM so 'JT!{ S I'tHTH A VT~TJlTF. 'r') soryrq F'tH'TEENTH j\ 'n?'NTJE
EXC RPTT\TG T !{1\ T p()p'rTOt'J OF' S:J I )'']11{ SL1?,IF?TTI.T A '/H;tTUF. AND C;') '1'114' ":LEVEfIT!{ A VH;NTTE
PROnUC1:<;D r~X'l'Ti.?mrJC} Tj'ROM w:r<:s'r MA IN STpT~E'r T,) A POIW, 91. 5 T~EET N ,JR'rH OF 'rHF.
N'JPTq L nn Of' l"r~ST C'TPTISS S'rRRR'_p, A Nn R'<(;EPTP~G T'4A'l' PJP'rIOH OF' SOUTB F'IF-
Tr.E1\TTH AVENUE Ti'P)fv'f 1."lES'r Ki)GH S'rRE1~'r 'ri) WEST CJLLP.GE STRJ;~r:;:'I', SA In S'I'JR:\/f
DPA T'JP.:ir.: PIn r~c'r 'rO INCLUDE N~CESSAPY PIPELI~ES, ~IA~T HUL ES , ')PfI
p~ rrU.,I,i;'PS AND
()'l'H~R I'n~c i~SSApv APPURTSW ANC 1<;S A "TD O'r;-mp wonK INCIDF.N'rAL 'r'IERh:TJ.
was passed and adopted.
That Wednesctay, the lSith da y I)f Jtme, A. '). , 1957, at one o'clock P.M.
at the
Commission Poo'n 0'" the Ci.ty Hall, Bozeman, Montana, 1s rtesi~nated by said Resolution
No. 838 as the time and plRce far hear1n~ objections to the actton proposed tJ be
taken by said resolution, H'1d whe:1 and where any and all persons wInse property is
w tthln said pr'Jposed Spec 1a 1 Ir:1provet:1en t Dis tric t No. 392, sit'wte 'm those streets
and Rvenues in the said City of Bozeman lying between West Main Street and ~est Lincoln
Street produced, from South :<:i~hth Ave':1ue to South Fifteenth Avenue excepting that
portion of South Eleventh Avenue and South Eleventh Avenue produced extending from
I West Main Street to a point 91.5 feet North of the North line of West Curtiss Street,
and excepting that portion of South Fifteenth Avenue from West Kc)ch Street to West
College Street, in said City, mAy appear And shaw cause, if any they heve, against
said nroposed impr0vemen~. Objections mllst be made t:1 writing and. filect 'Nith the
Clerk of the City Commission not Iv:~er than f'ifteen (l~;) days after date of the first
p1lbllcatlon of this Notice.
CO'1!\'!ISSIYT H'<;SDLU'I'IJq HC). 03U
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An approximate preliminary estimate of the cost of doing such work and making
such improvement within said District, including all trench excavation and backfill,
all materials, installation costs, engineering and incidentals, which is to be spec-
ially assessed a~ainst the property within said District, is $134,475.70, with the
property abutting Eleventh Avenue paying an estimated 7.1 cents per square foot; the I
area within the district between West Main Street and West College Street from South
Eighth Avenue to South Fifteenth Avenue, excluding the area abutting Eleventh Avenue,
paying an estimated 4.5 cents per sauare foot; and the contributary area within the
Montana state College campus South of West College Street payIng an estimated 0.9
cents per squ9re foot. Payment for the improvements is to be made in twenty (20)
annual installments over a period of nineteen (19) years with interest on the de-
ferred payments not to exceed six (6) per cent per annum, payable annually, but this
shall not be construed to prevent payment in full at any re~ular payment date by any
property owner.
For a description of the boundaries of said Special Improvement District No. 392
reference is hereby made to Resolution No. 838 of the Commission of tbe City of Boze-
man declaring the intention to create saId District, which is on file in the office
of the undersigned Clerk of said Commisslon in the City Hall of said City of Bozeman,
State of Montana, and open for inspection to all intereRted parties and the public
generally.
This Notice is given pursuant to the provisions of Section 11-2204, Revised I
Codes of Montana, 1947.
Dated tbis 29th day of May, A.D., 1957.
~f '
J:........~~~~-~
C erk of the
City Commission
First published in the Bozeman Daily Chronicle May 29th, 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 Not:i.ce was published at length in the Bozeman Daily Chronicle, a
~ewsp9per of general circulation printed and published in said city in the issue of May
29th, 1957 through June 3rd, 1957 and tha t due proof of such publica tiOD is on file in
my office.
IN WITNESS WHEREOF, I hereunto set ~y hand and affix the corporate seal of my
office this 4th day of June 1957.
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I
Clerk 0 ~ . y Cornmissio~
COMMISSION RESOLUTION NO. 838