HomeMy WebLinkAboutResolution 853 Intention to create SID 398, Pavement Projects
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170
COMMISSION RESOLUTION NO.
853
A RESOLUTION OF THE CITY COMi.nS~ION OF TIm CITY OF BOZEMAN DECLARING IT
TO BE THE INTEnTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL D1PROVE-
MENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 398 OF THE
CITY OF BOZEMAN B'OR THE PURPOSE OF CONSTRUCTING AND INSTALLING A PAVEMENT
PROJECT ON WEST CURTISS STREET FROM SOUTH EIGHTH AVENUE TO SOUTH TWELFTH
A VEJ\HJE , ON WEST OLIVE STREET FROM SOUTH EIGHTH AVENUE TO SOUTH TENTH
AVENUE, ON SOUTH NINTH AVENUE AND SOUTH TENTH AVENUE FROM WEST MAIN STREET I
TO WEST KOCH STREET, AND ON SOUTH ELEVENTH AVENUE AND SOUTH TWELFTH AVENUE
FROM WEST CURTIS8 STREET TO WEST KOCH STREET, SAID PROJECT TO INCLUDE THE
CONSTRUCTION OF COMBINATION CURBS AND GUTTERS, GRAVEL BASE COURSE, CRUSHED
GRAVEL CUSHION COURSE, AND BITUMINOUS SURFACE COURSE, AIm OTHER "iVORK
INCIDENTAL TPEFETO.
WHEREAS: There has been filed with the Clerk of the City Cowmission of the
City of Bozeman, Montana, a petition in due form of certain owners of properties
situated on Viest Curtiss Street from South Eighth Avenue to South Twelfth Avenue,
on West Olive Street from South Eighth Avenue to South Tenth Avenue, on South
Ninth Avenue and South Tenth Avenue from West Main Street to West Koch Street,
and on South Eleventh Avenue and South Twelfth Avenue from West Curtiss Street to
West Koch Street, in said City asking that a special improvement district be
created for the purpose of construction and installation of a pavement project to
include the construction and installation of combination curbs and gutters, gravel
base course, crushed gravel cushion course, bituminous surface course, and other
work incidental tnereto; and
WHEREAS: That at A regular meeting of the City Commission of the City of
Bozeman held on the 17th day of July, 1957, the aforesaid petition was respectively
considered and granted; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN:
Section
1
Declaration of Intention
Tha t :1. t is hel>eby declared to be the intention of the City of Bozeman to
creste a special improvement district to be known and designated as Special
I
ImproveF'ent District No. 398 of the City of Bozeman for the purpose of construct-
ing and installing a pavement project on West Curtiss Street from South Eighth
Avenue to Sauth Twelfth Avenue, on West Olive Street from South Eighth Avenue to
South Tenth Avenue, on South Ninth Avenue and South Tenth Avenue from West Main
Street to West Koch Street, and on South Eleventh Avenue and South Twelfth
Avenue from West Curtiss Street to West Koch Street, said pavement project to
include the construction and installation of combination curbs and gutters,
gravel base course, crushed gravel cushion course, bitumInous ~urfpce course,
and 0 ther work incidental there to.
Section
2
30undaries
T!::e boundaries of said Special Improvement District No. 398 are described as
follows:
Beginning at a point on tbe westerly line of South Eighth Avenue, sa:'Ld
point being 150 feet south of the south line of West Curtiss Street,
thenco in a westerly direction along a line common to Lots 6 and 7,
Block 20, West Park Addition to a point 121 feet east of the east line
of South Ninth Avenue; thence in a southerly direction 121 feet east of
and parallel to the east line of South Ninth Avenue to the north line of
West Koch Street; thence westerly along the north line of West Koch
Street to a point 133 feet West of the west line of South Twelfth Avenue;
thence northerly 133 feet west of and parallel to the west line of South
Twelfth Avenue to a point on the north line of West Curtiss Street
produced; thence easterly along said north line of West Curtiss Street
produced to the east llne of South Twelfth Avenue; thence northerly along
the east line of South Twelfth Avenue a distance of 91.5 feet to a point
on the City Limits line; thence easterly along the City Limits line and
said line produced to the east line of South Eleventh Avenue; tbence
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northerly along the east line of South Eleventh Avenue to a point 150
feet north of the north line of West Curtiss Street; thence easterly 150
feet north of Rnd parallel to the north line of West Curtiss Street to a
point 117 feet west of the west line of South Tenth Avenue; thence northerly
117 feet west of and parallel to the west line of South Tenth Avenue to the
southerly line of West Main Street; thence easterly along the southerly line
of West Main Street to a point 133 feet east of the east line of South Ninth
Avenue; thence southerly 133 feet east of and parallel to the east line of
South Ninth Avenue to a point 150 feet north of the north liLe of West Olive
street; thence easterly 150 feet north of and parallel to the north line of
West Olive Street to the westerly line of South Eighth Avenue; thence
southerly along the west line of South Eighth Avenue to the pain t of
beginning.
17.1
Section 3
Chars8ter of Improvereents
Construction of a pavement project on unpaved streets between West Main Street
and West Koch Street from South Eighth Avenue to and including South Twelfth Avenue
excepting thst portion of South Eleventh Avenue between West Babcock Street and West
Curtiss Street, and that portion of West Olive street between South Tenth Avenue and
I South Eleventh Avenue, said pavement project to include combination concrete curbs
and gu t ters , gravel base course, crushed gravel cushion course, and bituminous
surface course.
Section 4
Estimate of Cost
Preliminary estimate of cost on all North-South Avenues is $91,000.00.
Preliminary estimate of cost on all East-West Streets between South Eighth Avenue
and South Eleventh Avenue is $42,448.00, and the prelimi.nary estimate of cost on that
portion of West Curtiss Street between South Eleventh Avenue and South Twelfth Avenue
is $8,638.00, all estimates including all street excavation, all materials,
installation costs, engineering and incidentals.
Section 5
Method of Assessment
The preliminary estimate of costs set forth above are to be assessed against
the property within said District on an area basis as follows:
Costs of the project will be assessed on an area basis, wi th the firs t 25 fee t
of each lot next and 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 based on North-South Avenues is 811,190.70 square feet, the assessable area
based on East-West Streets exclusive of that portion of West Curtiss Street between
South Eleventh Avenue and South Twelfth Avenue, is 453,640.25 square feet, and the
assessable area for that portion of West Curtiss Street excluded above is 61,628.50
square feet.
Section 6
I Actual Area of District
The actual area of the district as described is 902,248 square feet, and protes ts
will be considered on an actual area basis.
See tioD 7
Pa ymen ts
That payments for said improvements shall be made in twenty (20) annual install-
ments 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 a.nd expense of the construc-
ti.on and installation of soid improvements with cash to be obtained from the sale of
bonds of said Special Improvement District No. 398, as authorized by law. Such bonds
will be in denominations of $100.00 e3ch and fractions or multiples of $100.00 where
neceasa ry, to be issued and chargeable against a fund to be known and designated as
Spec1al Improvement District No. 398 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. 398. Said bonds shell draw a simple interest from the date
of their registration until called for payment, at a rate not to exceed 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
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 II of
the Revised Codes of Montana, 1947, relating to special improvement districts in
cities and towns, and any amendments thereof or thereto.
Section 8
I Protests and Notice
That the regular session of the City Commission of the City of Bozeman, to be
held at the Commission Chamber, City Hall Building, Bozeman, Montana, on Wednesday,
the 14th day of Auguet , 1957, at the hour of one o'clock P.M. of said day,
are the time and place, when ana where the City Commission will hear and pass upon
all protests duly and regularly made and filed against the creation of said proposed
Special Improve~ent District No. 398, the improvemen t proposed to be made pursuen t
thereto and the extent and character thereof, 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.
COMMISSION RESOLUTION NO. 853
172
Adopted by the Commission of the City of Bozeman, Montana, at. a regular and
stated session of said Commission held on the 24th day of July, A.D. 1957.
4~ ~~~_ Mayor
ATTEg~ :. / I
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NOTICE IN RE
COMMISSION PESOLUTION NO. 853 OF THE CITY OF BOZEMAN DECLARING THE
INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT
DISTRICT TO BE KNOWN AND DESIGNATED AS "SPECIAL IMPROVEMENT DISTRICT
NO. 398."
Notice is hereby given that on the 24th day of July, A.D. 1957, at a
regular meeting of the Commission of the City of Bozeman, Commission
Resolution No. 853 entitled:
A RESOLUTION OF THE CITY CO~~ISSION OF THE CITY OF BOZEMAN DECLARING
IT TO BE THE H!TE}1TIO}' OF TEE CITY OF BOZEMAN TO CREATE A SPECIAL
IMj~'ROVE~"ENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO.
398 OF THE CITY OF BOZEMAN FOR THE PURf'OSE OF CONSTRUCTING AND INSTALL-
ING A PAVEMENT PROJECT ON "NEST CURTISS STREET FROM SOUTH EIGHTH AVENUE
TO SOUTH TVJELFTH AVENUE, ON 'NEST OLIVE STREET FROM SOUTH EIGHTH AVENUE
TO SOUTH TENTE AVENUE, ON SOUTH NINTH AVENUE AND SOUTH TENTH AVENUE
FROM '/lEST ~'AIN STREET TO WEST KOCH STREET, AND ON SOUTH ELEVENTH AVENUE
AND SOUTH TVv'ELFTH AVENUE FROM WEST CURTISS STREET TO WEST KOCH STREET,
SAID PRCJJECT TO Ir.:CLUDE THE CONSTRUCTION OF COMBINATION C1JRBS AND GUTTERS,
GRAVEL BASIC COURSE, CRUSHED GRAVEL CUSHION COURSE, AND BITmHNOUS SURFACE
COURSE, A~'D OTHER WORK INCIDENTAL THERETO, I
was passed and adopted.
That Wednesugy, the 14th day of August, 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. 853 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. 398 on
West CurtiRs Street from South Eighth Avenue to South Twelfth Avenue, on West
Olive Street from South Eighth Avenue to South Tenth Avenue, on South Ninth
Avenue and South Tenth Avenue from West Main Street to West Koch Street, and
on South Eleventh Avenue and South Twelfth Avenue from West Curtiss Street to
West Koch Street in said City may appear and show cause, if 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 prelim:inary estirr:ate of the cost of doing such work and
making such lmprovements within said District, including all street excavation,
all materials, installation costs, engineering and incidentals, which is to be
specially assessed against the property within said District is $91,000.00 on
all North-South Avenues, $42,448.00 on all East-West Streets between South
Eighth Avenue and South Eleventh Avenue, and $8,638.00 on that portion of West
Curtiss Street between South Eleventh Avenue and South Twelfth Avenue. The
total assessable area of all property within the said District, exclusive of
streets, avenues and alleys with the 25 feet ad,jacent to the improvements taken
at double its actual area on North-South Avenues is 811,190.70 square feet, on
East-West Streets exclusive of that portion of West Curtiss Street between South
Eleventh Avenue and South Twelfth Avenue is 453, 64U.25 square feet, and the
assessable area for that portion of West Curtiss Street excluded above is 61,628.50
square feet. Property immediately adjacent to and within 25 feet of the proposed I
improvement is to be assessed at double the assessment against other property in
the District. Payment for the improvements is to be made in twenty (20) annual
installments over a period of nineteen (19) years with interest on the deferred
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 regular payment date by
any property owner.
CO:W:iTISSION ~ESOLUTION NO. 853
17:J
For a description of the boundaries of said Special Improvement District No.
398, reference is herebF r:;ade to Resolution No. 853 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 Commlssion in the Citv 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 11-2204, Revised
I Codes of Montana, 1957.
Dated this 24th day of July, A.D. 1957.
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C erk of the ta ty Connnission
First published in the Bozeman Daily Chronicle July 26th, 1957.
Sta te 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 newspaper of general circulation printed and published in said city
in the issue of July 26th, 1957 through July 31st, 1957 and that due proof of
such publication is on file in my office.
IN WITNESS WHEREOF, I hereunto set my hand and affix the corporate seal of
my office this 31st day of July, iY57.
I tfKf~~
6 r 0 the ommiss1on
I
COllMISSION RESOLUTION NO. 853