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HomeMy WebLinkAboutResolution 886 Create SID 403, Pavement Project _.__...___.___ _._ ._ "._. ..n -.-----.....-- ...-.- 2:~6 GOMll)!ISSI()N RESOLUTION NO. 8t36 A RESOLUTION OF THE CITY COMMISSION OF TH1~ C I'1'Y OF BOZjj;MAN DECLARING 1'1' TO BE '1'HE INTEN'rION OF 'I'HE CI'rY OF' BOZEMAN 'ro CREA'I'E A SPECIAL INIPROVEMENT DIs'1'RIc'r TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 40) OF 'rHE C rry OF BOZEMAN FOR THE PUR- POSE OF CONs'rRUCTING AND INSTALLING A PAVEMENT POHJEGT ON SOUTH BOZEMAN AVENUE FROM EAST KOCH S'1'RE;~'1' TO EAST STORY STREJ<~T AND ON EAST KOCH S'1'REET FROM SOUTH BOZEMAN AVENl~ TO LINDLEY PLACE, SAID PROJECT TO INCLUDE 'rIIB CONSTRUCTION AND INSTALLA'1'ION OF COMBINATION ClffiBS AND (j-UTTE'RS, GRAVEL BASE COURSE, CRUSHED GRAVEL CUSHION COlmSE, BrrUMINOTJS SURFACE COtIDSE, AND OTHER WORK INCIDBNTAL '1'HERETO WHEREAS: There has been fil'Jd with theC1erk of the City C,)mm5_ssion of the City ot; I Bozeman, Montana, 8 petition in due form of certain owners of properties situated on ; South Bozeman Ave~ue from East Koch Street to East Story Street and on East Koch Street from South Bozeman Avenue to Lindley place in said City asking that a special improvement district be created for the purpose of constructing and installing a pavetlent project to include the cons truction and ins talla tLm of' combination curbs and gutters, gravel base course, crushed gravel cushion course, bituminous surface course, and other work inciden- tal thereto; and WHEPEAS: '1'hat at a regular meeting of the City Comrnissi on of the City of Bozeman held on the 19th day of Februarv, 1958, the aforesaid petition was respectively considered and granted; NOW '1'HEPEFORE, BE rr RESOLVED BY 'rHE CITY COiVIMISSION OF THJ:<: G1'I'Y OF I30ZEMMT: SECTION l. DECLARA'rION OF IN'1'EN'1'ION. That it is hereby declared to be the intention of the City of Bozeman to create a srecial improvement district to be known and designated as Special Improvement District No .~03 of the City of Bozeman for the puroose of cons truct- ing and installing a pavement project on South Boze-nan Avenue froM East Koch_ Street to East Story Street and on East Koch Stre!3t from South Bozeman Avenue to Lindley Place, said pave- ment project to include the constructiJTI and installation of combination curbs ond gutt;ers, gravel base course, crushed e;ravel cushion course, bituminous surface course, and other work incidental thereto. SECTION 2. BOUNDARIES. '1'he boundaries of said Special Improvement District No. Li03 are described as follows: Beginning at a point on the north line of East Story Street, said point being 133.5 feet west of the west line of South Bozeman Avenue, thence northerly lJ.~.5 feet west of and parallel to the west line of South Bozeman Avenue a distance of 401.7 feet to a point on the north line of the tract owned by George L. and Gladys C. Chestnut; thence easterly along said north line to a point on the east line prodlwed of South I Bozeman Aven1!e; thence northerly along the east line of South Bozerrum Avenue to a point 163.ho feet north of the north line of East Koch Street; thence easterly l83.L8 feet north of and parallel to the north line of gost Koch Street to a point on the eas t 1 ine of Lind~! Place; thence southerly E long the eas t line of Lindley Place and said li.ne extended to a point 18J.Ld3 feet south of the south line of East Koch Street; thence westerly 18).48 feet south of and parallel to the so uth line of Epst Koch Street to a piint lJ3.5 feet east of the enst line of South Boze11an Avenue; thence southerly 133.5 feet enst of and parallel to the east line of South Boze:nan Avenue to a point on the north line of East Story street; thence westerly along the north line of East Story street to the point of beginning. SECTION 3. CHAPAc'rER OF IMPPOVBr'IEN'rs. Cons truc tion of a pavenent pro j ee t on So uth Bozeman Avenue fro:n East Koch Street to East Story Street and on E8St Koch Street from South Bo zemHn Avenue to Lindley Place to incl ud_e the construction and installation of combination concrete curbs and gutters, gravel base course, crushed gravel cushion course, bituminous surface course, and other work incidentpl thereto. SECTION 4. ESTIMATE OF COST. The preliminary estimate of cost is ~16,33d.00, in- cluding all street excavation, all materials, installation costs, engineering and incidentals. SECTION 5. METHOD OF ASSESSMEnT. The preliminary estimate of cost set forth above is to be assessed agacnst the property within said District on an area basis as follows: Costs of the project will be assessed on an area basis, with the Pirst 25 feet of each lot next adjacent to the imurovement be'tng recorded at double its actual area in computing the assessable area of each lot. On this basis the assessable area of the dis- trict is 249,591.1 square feet. SECTION 6. ACTUAL AREA OF DISTRICT. '1'he total actual area of all property within SpC)C 1al Improvement Dis trict No. 40), exclusive of streets, avenues and alleys, is 190 ,67Lt. '), which is the area on which all prates ts wi 11 be dec ided. SECTION 7. PAYMENTS. '1'ha t payments for said improver'1ents shall be made in twenty I (20) annual installments extending over a period of nineteen ( 19) years, but this shall not be construed to prevnnt 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 exnense of the cons truc tion and installation of said improvements with cash to be obtained from the sale of bonds of said Sf)ecial Improvement District No. 403, as authorized by law. Such bonds will be in denomina tiOY1S of ~L100. 00 each and frHcti ~)ns or m1l1 tiples 0 f ~?lOO. 00 where necessary, to be issued and chargeable against a fund to be lcnow~ and designated as Special Improvemen t District No. !~O) Fund of the City of BOZemfJD. 'rhe bonds will be redee~t1able at the option of the City, si ngly or in multiples, and in the order of their re~istration, whenever funds are available for that pur')ose in said Special Improvement District No. hO). Said bonds shall draw a simple interest from the date of their registration until called for payment, at a rate not to exceed six (6) per cent perannum, whic'1 interest shall be chargeable as a part of the cost of construction and installation of saidim- provemen t. The bonds will be issued and sold in accordance with the provisions of Sec- - ~- -.----.- ')' )7 ,....-"'.) tion 11-2232 and Section 11-2271, Revised Codes of Montana, 1947, and all other appli- cable provisions of Title 11 of the Revised Codes of Montana, 19~7, relating to specisl improvement districts in cities a.nd towns, and any amendments thereof or thereto. SECTION 8. PROTESTS AT'm NOTICE. That the regular session of the City Commission of the City of Bozeman, to be held at the Commission, Chamber, C:Lty Hall Building, Bozeman, Mont'ana, on Wednesday, the 19th day of March, 1958, 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 Speclal Improvement .LJistrict N). L103, the improvement proposed to be made pursuant thereto I and the extent and Character" thereof, or either thereof; and, the, Cler" O,f the City Com- mission 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 Commis sion of the City of Boz eman, M,:)ntanu, at a re[!"lllar and stated session of said Commission held on the 26th day of February A. D. 1953. Att,e~t: . ~ .0 ~ ' J',// ......-:< J/.L..o L ~ ~~~:P'~.~~ ./1\ ayor Clerk of the City Commission NOTICE IN RE COMMISSION RESOLUTION NO. J86 OF THE CITY OF BOZEMAN DECLARING 'PHE TN'PENTION OF TBr~ CITY OF BOZEMAN 'ro CREA'rE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AND DESIGNATED AS "SPECIAL IMPROVE;,!IENT DIS'rRICT NO. 403." Notice ls hereby given that on the 20th day of February, A. D. 195d, at a regular session of the Commission of the Ci ty of Bo zemHn, Commission Resolution No. ud6 enti tIed: A RESOLUTION OF' THE CITY COHMISSION OF THE CIT"Y OF BOZEMAN DECLARING IT TO BE THE IN'rEN- TION OF THE CI'rY OF BOZE',TAN TO CRE:ATE A SPBCIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMEHT DISTRICT ~ro. 403 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUGT- ING AND INS'rALLING A FA VEl/lENT PROJECT ON SOUTH BOZEMAN AVENUE FRJM Ei.ST KOCH STRE8T 'ro EAST STORY STREET AND ON EAST KOCH STHL:;ET FROM SOUTH BOZEMA H AVENUE TO LINDLEY PLACE, SAID PROJEC'r TO INCLUDE THE CONSTRUC'rION AND INS'rALLA'l'ION OF COMBINATION CURBS AND GTJT'rERS, GRAVEL BASE COURSJ1:, CRUSHED GRAVEL CUSHION COURSE, BITUMINOUS SURPliCE COURSE, AND OTHER WORK INCIDEN'rAL 'rH'fmEfrO was passed and adopted. I That Wednesday, the 19th day of March, A. D. 1950, at one o'clock P.i'!l. at the Commis- sion Room of the City Hall, 3ozeman, Montana, is designated"bY said Resolution, No. u86 as the time and place for hearing objections to the action prop~sed to be taken by said reso- lutio:1, and when and where any and all persons whose property is within said proposed Special Improvement District Ho. 403 on South Bozeman Avenue from EfJst Koch 8treet to East Story Street and on East Koch Street from South Bozeman Avenue to Lindley Place 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 Commlssionnot later than fifteen (15) days after dHte of the first publication of this NRtice. An approximate preliminary estimate of the cost of doing such work and making such improvements within said District, including &11 street excavation, all materials, instal- lation costs, engineering and incidentals, which is to be specially assessed against the property within said District is $16,338.00. The total assessable area of all property within the said District, exclusive of streets, avenues and alleys with the 25 feet adja- cent to the i-rlProvements taken at double its actual area is 249,591.1 square feet. .Proper- ty immediately adjacent to and within 25 feet of the proposed improvement is to be assessed at double the assessment against other property :In the .Liistrict. Payment for the improve- ments is to be made in twenty (20) annl1al installments over a period of nineteen (19) years with interest on the deferred payments not to exceed six (6) per cent perannum, payable annually, but this shall not be construed to prevent payment in full at any regular pay- ment date by any property owner. For a description d' the boundarles of said Special Improvement District No. Li03 ref- erence is hereby made to Resolution No. JG6 of the Commission of the City of Bozeman de- claring the intention to create said District, which is on fiJe in the office of the under- signed Clerk of said Commission in the City Hall of said City of Bozeman, State of Montane, and open for inspection to all interested parties and the public generally. This notice is Riven pursuant to the r:Jovisions of Section 11-2204, Revised Codes of Montana, 1947. Dated this 20th day of February A. D. 195)3. I ~~~/d~~.-~-~ Clerk of the City Gommissi.on I;'irst published in the Bo ze ,~81 D[ily Chronicle Februery 2dth, 19S8. State of Mon ~na ) County of Gellatin ) ss I, L. ;3.. Shadoan, Clerk of the Gommissi','m of the City of Bozeman do hereby that the forego1.ng Notice 'n Re was published in the Bozeman De ily Chronicle, a newspaper prtnted and published in said City in the issues of February ath to March 6th, 1950, and due proof of such publication is on file in my office. - IN WITNESS WHEREOF I hereunto set my hand and affix t he corporate seal of my of'fice this 7 th day 0 f March, 1'>5d.. '/, c</ . ;--:,.::/,/' 4.~.~-;7-e--d-~-r---rl_.;r-U: Clerk of the City Commission R~solution No. G86 .