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HomeMy WebLinkAboutResolution 898 Intention to create SID 406 .--...--...--...-. 2:")8 COMMISSION RESOLUTION NO. 898 A RESOLUTION OF THE CITY CO~~ISSION OF THE CITY OF BOZEMAN DECLARING IT TO BE Trm INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IM- PROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DIS'J.'RICT NO. 406 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING A PAVEMENT ~ROJECT ON DELL PLACE FROM EAST STORY STREET EXTENDING IN A SOUTHERLY DIRECTION A DISTANCE OF 520 FEET, SAT D PROJECT TO INCLUDE THE CONSTRUCTION AND INSTALLATION OF COMBINATION CONCRETE CURBS AND GUTTERS, GRAVEL BASE COURSE, CRUSHED GRAVEL CUSHION COURSE, BITUMIN- OUS SURFACE COURSE, AND OTHER WORK INCIDENTAL THERETO I WHEREAS: There has been filed with the Clerk of the City Commission of the City of Bozeman, Montana, a petition in due form of certain owners of properties situated on Dell Place from East Story Street extending in a southerly direction a distance of 520 feet in said City asking that a special improvement district be created for the purpose of const- nlcting and installing a pavement project to include the construction and installation of combination concrete curbs and gutters, gravel base course, crushed gravel cushion course, bi tuminous surface course, and other work incidental thereto; and Vl'HEREAS: That at a regular meeting of the City Commission of the City of Bozeman held on the 23rd day of April 1958, the aforesaid petition was respectively considered and sranted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 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 improvement district to be known and designated as Special Improvement District No. 406 of the City of Bozeman for the purpose of constructing and installing a pavement project on Dell Place from East Story Street extending in a southerly direction a dis- tance of 520 feet, said pavement project to include the construction and installation of combination concrete curbs and gutters, gravel base course, crushed gravel cushion course, bituminous surface course, and other work incidental thereto. Section 2 Boundaries I The boundaries of said Special Improvement District No. 4U6 are described as follows: Beginning at a point on the South line of East Story Street, said point being 95.41 feet West of the West lin e of Dell Place, thence Southerly 95.41 feet west of and parallel to the West line of Dell Place a distance of 520.0 feet; thence easterly along the North line of Lot G Guy's 2nd Addition, and said line produced, to a point 95.41 feet East of the East line of Dell Place; thence Northerly 95.41 feet East of and parallel to the East line of Dell Place 520.0 feet, more or less, to a point on the South line of East Story Street; thence Westerly along the South line of East story Street to the point of beginning. See tion 3 Character of Improvements Construction of a pavement project on Dell Place from East Story Street extending in a southerly direction a distance of 520 feet to include the construction and installation of combina tion concrete curbs am gu tters, gravel base course, crushed gravel cushion course, bituminous surface course, and other work incidental thereto. Section 4 Estimate of Cost The preliminary estimate of cost is $9,85U.OU, including all street excavation, all materials, installation costs, engineering and incidentals. Section 5 Method of Assessment I The preliminary estima te of cost set forth abo"'\re is to be assessed agains t the pro- perty within said District on an area basis as follows: Costs of the project will be assessed on an area basis, with the first 25 feet of eaoh lot next adjacent to the improvement being recorded at double its actual area in computing the assessable area of each lot. On this basis the assessable ares of the District is 125,lU6.U3 square feet. Resolution No. 898 ---.- ---.--.-- -- ."...- . '):'-9 Section 6 ~..,.).. Actual Area of District The total actual area of all property within Special Improvement District No. 406, exclusive of streets, avenues and alleys, is 99,119.53 square feet, which is the area on which all protests will be decided. Section 7 I pa ymen ts That pa~ents for said improvements shall be made in twenty (20) annual install- ments extend ng over a period of nineteen (19) years, but this shall not be construed to prevent fB yment in full a t any regular pEl yment da te by any prope rty owner who de- sires to do BO. 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. 406, as authorized by law. SUch bonds will be in denominations of $lOU.OO e8ch and fractions or multiples of $lUO.UO where necessary, to be i~sued and chargeable against a fund to be known and designated as Special Improve- ment District No. 406 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, when- ever funds are available for that purpose in said Special Improvement District No. 4u6. 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 per annum, which interest shall be chargeable as a part of the cost of 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 11 of the Revised Codes of Montana, 1947, relating to special improvement dis- tricts in cities and towns, and any amendments thereof or thereto. Section 8 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 day of May 1958, at the hour of one o'clock p.m. of said day, is the time and place, when and where the vity Commission will hear and pass upon all protests duly and reg- ularly made and filed against the creation of said proposed Special Improvement District No. 406, the improvement proposed to be made pursuant thereto and the extent and char- acter thereof, or either thereof; and the Clerk of theCity Comrfiismon be, and he is bere- I by, direGted 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 BeBsion of ssid Commission held on the 30th day of April A.D, 1958. ~ .. ~~~,LJ . """P"'"../ ATTEST: Ma yor ---/~/ . -~.. ...~~~ lerk of the City Commission NOTICE IN HE COMMISSION FESOLUTION NO. 898 OF THE CITY OF BOZEMAN DECLApT1'm THE INTENTION OF THE CITY OF BOZEMAN 'fO CRFATE A S.t'ECIAL IM- P~OVEMENT DISTRICT TO BE KNOWN AND DESIGNATED AS "SPECIAL IM- PROVEMENT DISTRICT NO. 406." Notice is hereby given that on the 30th day of April A.D. 1958, at a regular sessIDn of the Commission of the City of Bozeman, Commission Resolution No. 898 entitled: A RESOLUTION mi' THE CITY COMMISSION OF THE CITY OF BOZEMAN DE- CLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREA~'E A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVE- MENT DISTRICT NO. 406 OF THE CITY OF BOZEMAN FOR nffi PURPOSE OF CONS'I'RUCTING AND INSTALLING A lIAVEMENT PROJECT ON DELL l'LACE FROM EAST STORY STREeT EXTENDING IN A SOUTHERLY DIRECTION A DISTANCE OF 520 FEET, SAID PROJECT TO INCLUDE THE CONSTRUCTION I AND INSTALLATION OF COMBINATION CONCRETE CURBS AND GUTTERS, GRAVEL BASE COURSE, CRU SHED GRAVEL GUSHION COURSE, BITUMINOUS SURFACE COURSE, AN'0 OTHER 1fIORK INCIDENTAL THERETO was passed and ,adopted. Tha t Wednesda y, the day.of May A.D. 1958, at one o'clock p.m. at the Comm- ission Room of the City Hall, Bozeman, Montana, is designated by said Reolution No.a98 as the time and place for hearing objections as 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. 406 on Dell Place from East Story Street ex- tending in a Southerly direction a distance of 520 feet in said City may appear and R'esolu tion No. 898 ___________ __ _.________._ .__n. ')f;O ,....,~- show O(3.use, if any they have, against said proposed i~provement. 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 preliminary estimate of the cost of doing such work and making such improvements within said District, including all street excavation, all materials, in- atal1a.tton costs, engineering and incidentals, which is to be specially assessed agdnst the property within said District is $9,850.00. The total assessable area of all pro- perty within the said District, exclusive of s treats, avenues and alleys wi th the 25 feet adjacent to the improvement taken at double its actual area is 125,106.03 square I fee t. Property immediately adjacent to and within 25 feet of the proposed 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 p~- oid of nineteen (19) years with interest on the deferred payments not to exceed six (6) per cent per annum, payable annually, bu t this shall not be construed to prevent payment in full at any regular payment date by any property owner. For a desc~tion of the boundaries of said Special Improvement District No. 406 re- ference is hereby made to Resolution No. 898 of the Commission of the City of Bozeman de- claring the intention to create said District, which is on file in the office of the undersigned Clerk of said Commission in the City Hall of said City of Bozeman, State of Montana, and open for inspection to all interested parties and the public generally_ This notice 1s given pursuant to the provisions of Section ll-22U4, Revised Codes of Montana, 1947. Dated this 30th day of April A.D. 1958. ~~?~~~ Clerk of the City Commission First published in the Bozeman Daily Chronicle May 2 , 1958 _ State of MJntana ) ) ss County of GallHtin ) I, L. G. Shadoan, Clerk of the Commission)f the City of Bozeman, do hereby certify that the foregoing Notice in Re, Commi:3s1on Res)luti m No. iJ9d, was published at length in the Bo,,:eman Daily Chronicle, a newspaper of generrl circuJE tioD printed and published I in said City in the issues of May 2 to 7th, l} 5 iJ , and 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 8th day of May, 1958. ,_d~L~-e~~ Clerk )f the Commis sion I Resolution No. 898