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Home My WebLink AboutResolution 948 Intention to create SID 411 .-.--.--- .. . . --- ---. .--.-- n. n_... _ ~ _. ..-...--...--..-.- . -. .. -.-. -..-.-- ....-- - -... -- ".---.- :j:):-~ CO~~ISSION RESOLUTION NO. 948 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN DECLARING IT TO BE THE INTEN'I'ION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 411 OF THE CITY OF BOZElWTFOR THE PURPOSE OF CONSTRUCTING AND INSTALLING A PAV!';MENT PROJECT ON NORTH THIRD AVENUE FROM WEST LAMME STREET TO WEST PEACE STREET, NORTH FOURTH AVENUE FROM WEST VILLARD STREET TO DURSTON ROAD, NORTH FIFTH AVBNUE FROM WEST LAMME: STREET TO DURSTON ROAD, I WEST BEALL STREET FROM NORTH GRAND AVENUE TO NORTH FIFTH AVENUE, "WEST VILLARD STREET FROM NORTII GRAlm AVENUE TO NORTH SEVENTH AVENUE, WEST SHORT STR1<;ET FROM NORTH-SQUTH ALLEY IN BLOCK FOUR (4). KARP'S ADDITION TO NQRTH FIFTH AVENUE, WEST PEACH STREET AND DURSTON ROAD FROM NORTH GRAND AVENUE TO NORTH SEVENTH AVENUE. SAID PAVEMENT PROJECT TO INCLUDE COMBINATION CONCRETE CURBS ,AND GUT- TERS. GRAVEL BMili.: COURSF.:, CRUSHED GRAVEL CUSHION COURSB, BITUMINOUS SURFACE COURSE. AND OTHER WORK INCIDENTAL THERETO V'ffiEREAS, There has been filed wi th the Clerk of the City Commission of the Ci ty of Bozeman, MontBna, a petition in due form of certain owners of properties on North Third Avenue from 'Nest Lamme Street to West Peach Street, North Fourth Avenue from West Villard Street to Durston Road. North Fifth AVEnue from West Lamme Street to Durston Road, West Beall Street from North Grand Avenue to North Fifth Avenue, West Villard Street from North Grand Avenue to North Seventh Avenue, West Short Street from North-South Alley in Block 4, Karp's Addition to North Fifth Avenue, West Peach Street and Durston Road from North Grand Avenue to North Seventh Avenue in said City, asking that a special improvement district be created for the purpose of' constructing and installing a 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; and WHEREAS, That at a regular meeting of the City Commission of the City of Bozeman held on the 13th day of May A. D. 1959, the aforesaid petition was respectively considered and granted; NOW, TH~;}lEFORE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN: Secti on 1 Declaration of Intention That it is hereby declared to be the intention of the City of Bozeman to create a special improve- ment district to be known and designated as Special Improvement District No. 411 of the City of Bozeman - I for the purpose of constructing and installing a pavememlt project on North Third Avenue from West L8lIUne Street to West Peach Street. North Fourth Avenue from West Villard Street to Durston Road. North Fifth Avenue from Vies ':; Lamme Street to Durston Road, '/Vest Beall Stre"t from North Grand Avenue to North Fifth Avenue, West Villi:\rd Street from North Grend Avenue to North Seventh Avenue, West Short Street from North- South Alley in Block 4, Karp's Addition to North Fifth ~eII!lue, West Peach Street and Durston Hoad from North Grand Avenue to North Seventh Avenue, soid pavement project to include the construction and installa- tion of combination concrete curbs and gutters, travel base course, crushed gravel cushion course. bitum- inous surface course. and other work incidental thereto. Se c ti on 2 BOWlda ries The boundaries of said Special Improvement District No. 411 are described % follows. Beginning at a point on the centerline of North Grand Avenue, said point being 98.0 feet South of the South line of West Eeell Street, thence from said point of beginning and in a westerly direction 98 feet SOUtll of and parallel to the south line of West Beall Street to a point on the east line of Lot E, Rlock C, 'l'racy' G 3rd Acdi ti on; tLer:.ce in a southerly direction along the east line of said Lot 6 to the centerline of West Le.mme Street; thence westerly along the centerline of West Len~e Street to a point ofP- osite the east line of Lot 6, Block D, Tracy's Third Addition; thence northerly along the east 1 ine of said Lot 6 to a Foint 98 feet south of the south line of West Beall Street; thence westerly 98 feet south of and Farallel to the south line of West Beall Street to a point on the east line of Lot 12, Block D, Tracy's Third Addition; thence southerly along the east line of said Lot 12 to a point on the centerl ine oflVest Lamme Street; thence westerly- along the centerline of West Lamme Street to a point 280 feet west of the west line of North Fifth Avenue; thence northerly 280 feet west of and parallel to the west line of North Fifth Avenue to a point on the center- I line of West RealI Street; thence easterly along; the centerline of West Beall Street to a point 265 feet west of the west line of North Fifth Avenue; thence nortr.erly 265 feet west of and par811el to the West line of North Fifth Avenue to a point 150 feet south of the South line of 'Nest Villard Street; thence westerly 160 feet south of and parallel to the South line of West Villard Street to ~1e centerline of North Seventh AVEnue; thence Northerly along the centerline of North Seventh Avenue to a point 160 feet north of the north line of West Villard Street; thence easterly 150 feet North of and parellel to the North line of West Villard Street to a point 111 feet west of the west line of North Fifth .Mien ue; thenc e northerly 111 feet west of and parallel to the west line of North Fifth Avenue to a point 145 feet south of the south line of Durston Roae.; thence westerly 145 feet south of and parallel to the south line of Durston Road to the centerline of North Seventh Avwue; thence northerly along the centerline of North Seventh Avenue to a ~oint 145 feet north of the north lirJe of Durston Hoad; thence easterly 145 feet Nortr. of and parallel to the North ---.--....- :r)L\ line of Durston Road and West Peach Street to the centerline of North Grand Avenue; thence southerly along the centerline of North Grand Avenue to a point 145 feet south of the south line of West Peach Street; thence westerly 145 feet south of end parAllel to the south line of 'Nest Peach Street to a point 138 feet east of the East line of North Third Avenue; thence southerly 138 feet east of and parallel to the east line of North Third Avenue to a point 150 feet north of the north line of West Villnrd Street; thence easterly 150 feet north of and l-'Rrallel to the north line of West Villard Street to the centerl ine of North Grand Avenue; thence southerly along the centerline of North Grand Avenue to a Foint 150 feet I south of the South line of West VilIs rd Street; thence westerly 150 feet south of and parellel to the south line of West Villard Street to a point 138 feet east of the east line of North Thir d AVenue; thence southerly 138 feet east of and par9l1el to the east line of North 'I'hi rd Avenue to a point 98 feet north of the north line of West Beall Street; thence easterly 98 feet north of end parellel to th e north line of 'Nest Beall Street to the centerline of North Grand Avenue; thence southerly along; the center! ine of North Grand Avenue to the point of beginning. Sec tion 3 Character of Improvements Construction of a p~vement project on North 1hird Avenue fromif{est Lamme Street to Vvest Peach Street, North :F'ourth Avenue from West Villard Street to DurstonRoad, North Fifth Avenue from West Lamme Street to Dur s ton Roa. d, West Beall Street from North Grand Avenue to North Fifth Avenue, West Villard Street from North Grend Avenue to North Seventh Avenue, West Short Street from Korth-South Alley in Block 4~ Karp's Addition to North Fifth Avenue, West Peach Street and Durston Road from North Gra.nd Avenue to North Seventh Avmue~ said pavement project to include combination concrete curbs and gutters~ gravel base course, crushed gravel cushion course, bituminous surface course~ and other work incidental thereto. Sec tion 4 Estimate of Cost The preliminary estimate of cost is $181~495.00, including all street excavRt ion~ all materials, installation costs~ engineering and incidentals. Section 5 Method of Assessment I The preliminary estimate of cost set forth above is 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~ with the first 25 feet of each 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 area of the District is 2,369,063.12 square feet. Sectjon 6 Actual Area of District The total actual area of all property within Special Improvement District No. 411, exclusive of streets, avenueS and alleys, is l,517~ 276.10 square feet, which is the area on which all protests will be decided. Section 7 Payments That payments for said improvements shall be made in twenty (20) annual installments extending over a pe riod 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 and expense of the construction and installation of said improvements with cash to be obtained from the sale of' bonds of said Special Improvement Distriitt No. 411, as authorized by law. Such bonds will be in denominations of $100.00 each, and fractions or multiples of $100.00 where necessary, to be issued and chergeable against a fund to be known and desie;nated as Speciel Im- provement District No. 411 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 evailable for that purpose in sai d Special Improvement District No. 411. Seid bonds shall draw a simple jnterest from the date of their registration until called for pa.yment, at a race not to exceed six (6) percent per annum, which interest shall be chargeable as a part of the cost of construction I and installation of said improvemen ts . The bonds will be issued end so Id in accordance wi th the provisions of Section 11-2232 and Section 11-2271, Revised Codes of Montana, 1947, rmd all other applicable provisions of Title 11 of the Revised Codes of Montana~ 1947, relating to special improve- ment districts in cities and towns, end any amendments thereof or thereto. Secti on 8 Protests and Notice That the regular session of the City Commission of the Ci~ of' Bozeman, to be held at the Commission Chamber, (Hy Hall build ing, Bozeman, Montana, on Wednesday, the 17th day of June A. D. 1959, at the hour of one o'clock p.m. of said day, is the time and place, when and V"/here the City Co:mmission will hear Bnd pass upon all protests duly and regula rly made ar.d filed age inst tLe creation of sAid proposed Special Improvement District No. 411, the improvements proposed to be made pursuant thereto and the extent and character thereof, or ei ther thereof; and the Clerk Resolution No. 948 , r>- r: . :)d of the City Commission be, and he is hereby, directed to give notice in the manner and for the time as by la.w required, of the adoption of this Resolution of Intention. Adopted by the Commission of the City of Bozeman, Montana, at a regular and stated se~sion of said Conunission held on the 27th day of May A. D. 1959. ./j~~~ Ix--. I , Mayor / ATTgST: v:.?F/~/ - Clerk of the City Commission NOTICE IN RE C011MISSION RESOLUTION NO. f!48 OF THS CITY OF BOZEMAN DFX:LARING THE INTENTION OF THE CITY OF BOZEMlIN TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO FE KNOWN AND DESIGNATED P$ "SFECIAL IMPROVEMENT DISTRl~T NO. 411." Notice is hereby given that on the 27th day of May A. D. 1959, at a regular session of the Commission of the City of Bozeman, Commission Resolution ~o. 948 entitled: A Rt'I:SOLUTION OF THE CITY COMMISSION OF THE CITI' OF BOZEMA1T DECLARING IT TO BE THE INTENTIO~ OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMFROVEMENT DISTRICT TO EE KNOl,1'lN AS SFEC lAL IMPROVEMSNT DISTRICT NO. 411 OF THE CITY OF BOZEMAN FOR TEE PUR- POSE OF CONST:illCTING fliD JNST.ALLING A PAVEMENT PROJECT ON NORTH THIRD AVENUE FROM WEST LAMliS STREET TO :'lBST PSACE STREET, NORTH FOURTH AVENUE FROM V,EST VILLA.B.D STREET TO DURST01~ ROAD, MmTH FIFTH AVENUE FROM ii"EST LAMME STREET TO DURSTON ROAD, V[SST BEALL STREET FOOM NORTH GRAND AVENUE TO NORTH FIFTH AVENUE, ViEST VILLARD STREB'l' F'~M NORTH GRJ-.ND AVENEE TO NORTH SEVENTH AVElmE, WEST SHORT STREET FROM NORTH- SOUTH ALLEY IN BLOCK }OUR (4) KARP'S ADDITION TO NORTH FIFTH AVENUE, WEST PF...ACH STREET AND DllRSTON ROAD FROM KOR TE GRAND AVENUE TO NORTH SEVENTH AVENUE, SAID FA.VEMENT PROJECT TO INCLUDE OOMBINATION CONCRETE CURBS AND GUTTERS, GRAVEL BASE COURSE, CRUSHED GRAVEL CUSHION COURSE, BITUMINOUS SURFACE COURSE, AND OTHER I INC I DEN TAL THERETO WfIS passed and adopted. That Wednesday, the 17th day of June A. D. 1959, at one o'clock p.m. at the Conunission Room of the City Hall, Bozeman, Montana, is designated by Resolution No. 948 as the time and place for hearing objecbons to the action proposed to be taken by said resolution, and when and where any end all persons whose property if within said proposed Special Improvement District No. 411 on North Third Avenue from West Larrwe Street to '''~'est Peach Street, North Fourth Avenue from West Villerd Strp.et to Durston Road, North Fifth Avenue from West Lamme Street to Durston Road, West Beall Street from North Grarrl Avenue to North Fifth Avenue,West Villard Street from North Grend Avenue to North Seventh Avenue, West Short Street from }lorth-South Alley in Block 4, Karp's Addition to Nor1:h Fifth Avenue, West Peach Street and Durston Road From North Grand Avenue to North Seventh AVf'nue in said City may eppear and show ceuse, if any they have, against sHid proposed improvement. Objections must be made in writing and filed with the Clerk of the City Commission not later than fifteen (15) dsys after date of the first publication of this Notice. An arproximate preliminary estimate of the cost of doing such work and making such improvements within said District, including all street excavation, all materials, installation costs, engineering and incidentals, which is to be spec1.ally assessed against the property wi thin said District is $181,,495.00. The total assessable area of ell property wi thin the said District, exclus ive of streets, avenues and alleys wi th the 25 feet adjacent to the improvement taken at double its actual area is 2,369,063.12 square feet. Property immediately a,djacent to and wi thin 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 period of nineteen years with interest on the deferred payments not to exceed six (6) percent per annum" payable annually, but this shall not be construed to prevent pa.yment in full at any regulpr payment date by any property owner. For a description of the boundaries of said Special Improvement District No. 411, reference is hereby made to Resolution No. 948 of the Comrrlission 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 Comndssion in the Ci ty Hall of said City of' Bozeman, State of Montana, and open for inspection to all interested persons and the public generally. I This notice is given pursuant to the provisions of Section 11-2204, Rev ised Coded of Montana, 1947. Dated this 27th dey of May A. D. 1959 Commission Resolution No. 948 --...----....--.--- _.____u_ _._.____.___ .. ____. ..._.._._u ._.... :\;)6 First published in Bozeman Daily Chronicle May 28th. 1959. State of M~ntana ) County of Gallatin ) ss I, L. G. Shadoan, Clerk of the Commission of the City of Bozeman, do he reby certify too t the foregoing Notice:in Re. Conunission Resolution No~ 948 was published at length in the BOZ0JTian Daily I Chronicle, a newspaper of gen~ral c~rcu~ ti~n frinted and fublj~hed in said C5ty in the jssue of May 28th, 1S5J, and due proof of such publication is on file irl my office. I!\'lfImF.SS \,IVHSHEOF 1 hereunto set my hand and affix the "C'rporate seal of my office this 3rd day of June, 1959. c13~~ - .~ . I I Resolution No. 948 ------