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HomeMy WebLinkAboutResolution 970 Special Improvement Distric 416, Paving -..--.. ....-. ..-- - .110 COMMISSION RESOLUTION NO. 970 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZE- MAN DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 416 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING A PAVEMENT PROJEC T ON SOUTH CYPRESS A VENUE FROM EAST BABCOCK STREET TO EAST CURTISS STREET, ON I SOUTH McADOW AVENUE FROM EAST OLIVE STREET TO EAST CURTISS STREET, ON EAST OLIVE STREET FROM SOUTH CYPRESS AVENUE TO SOUTH McADOW AVENUE AND ON EAST CURTISS STREET FROM SOUTH CYPRESS AVENUE TO TIm NORTH- SOUTH ALLEY AS PLATTED BETWEEN BLOCK A AND BLOCK D, MARWYN REARRANGEMENT OF BLOCKS 13, 14, 15" 18, 19, 20 AND ADJACENT VACATED STREETS OF THE NORTHERN PACIFIC ADDITION TO BOZEMAN, MONTANA, SAID PROJECT TO INCLUDE THE CONSTRUCTION AND INSTALLATION OF COMBINATION CON- CRETE CURBS AND GUTTERS, GRAVEL BASE COURSE, CRUSHED GRAVEL CUSHION COURSE, BITUMINOUS SURFACE COURSE AND OTHER WORK INCIDENTAL THERETO WHEREAS, there has been filed wi th the Clerk of the Ci ty 9omm!s_slon of the City of Bozeman, Montana, a petition in due form of certain owners of~~operties situated on South Cypress Avenue from East Babcock Street to East CurtUB Street, on South McAdow Avenue from East Olive Street to East Curtiss Street,_o,R -East Olive Street from South Cypress Avenue to South McAdow Avenue and on East Cur~ss Street from South Cypress Avenue to the North-South Alley as platted be~ween Blupk A and Block D, Marwyn Rearrangement of Blocks 13, 14, 15, 18, 19, 20 -..anl1, adJacent vacated streets of the Northern Pacific Addition to Bozeman, Montana,aaking,.-tkat a special improvement district be created for the purpose of constructingancfirts.talling a pavement project to include the construction and installation of combination con- crete curbs and gutters" gravel base course, crushed gravel cushion course, bitu- minous surface course, and other work incidental thereto; and WHEREAS, at a regular meeting of the City Commission of the City of Bozeman held on the 9th day of March A. D. 1960, the aforesaid petition was respectively I considered and granted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OE -BOZEMAN: - ~ Section 1 -- Declara tion of Inten'tion That it is hereby declared to be the intention of the City -cf--Bozeman to create a special improvement district to be known and designated as-Special Improve- ment District No. 416 of the City of Bozeman for the purpose of constructing and installing a pavement project on South Cypress Avenue from East Babcock Street to East Curtiss Street, on South McAdow Avenue from East Olive Street to East Curtiss Street, on East Olive Street from South cypress Avenue to South McAdow Avenue and on East Curtiss Street from South Cypress Avenue to the North-South alley as platted between Block A and Block D, Marwyn Rearrangement of Blocks 13, 14, 15, 18, 19" 20 and adjacent vacated streets of the Northern Pacific Addition to Bozeman, Montana, 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 The boundaries of said Special Improvement District No. 416 are described as follows: Beginning at the point of intersection of the West line of South Cypress Avenue with the South line of East Babcock Street, thence in an easterly direction along the south line of I East Babcock Street to a point 125 feet east of the east line of South Cypress Avenue; thence in a southerly direction, 125 feet east of and parallel to the east line of South Cypress Avenue to a point 125 feet north of the north line of East Olive Street; thence in an easterlr direction 125 feet north of and paralle to the north line of East Olive Street and continuing 125 feet east of and parallel to the east line of South McAdow Avenue to a point of intersection with the north line of East Curtiss Street; thence in an easterly direotion across East Curtiss Street to a point on the South line of East Curtiss Street, said .....-.".........."'."...--- - .--. ---.----- .111 point being the southwest corner of Lot I, Block C, Marwyn; thence southerly alonga line perpendicular to the tangent of the curve of East Curtiss Street as said point, a distance of 125 feet; thence in a southwesterly and westerly direction, 125 feet south of and parallel to the south line of East Curtiss Street to a point 125 feet west of the west line of South Cypress Avenue; thence in a I northerly direction 125 feet west of and parallel to the west line of South Cypress Avenue to a point on the South line of East Babcock Street produced; thence in an easterly direction along the south line of East Bab- cock Street to the point of beginning - ~ -- Section :3 Character of Improvements "- Construction of a pavement project on South Cypress Avenue from EafJt-Babcock Street to East Curtiss Street, on South McAdow Avenue from Eas~ Olive Street to East ; Curtiss Street, on East Olive Street from South Cypress Avenue to" South^McAdow Av- enue and on East Curtiss Street from South Cypress Avenue to the-North~South Alley as platted between Block A and Block D, Marwyn Rearrangement of Blocks 13, 14, 15, 18, 19, 20 and adjacent vacated streets of the Northern Pacific Addition to Bozeman, Montana, said pavement project to include the construction and installation ai' com- bination concrete curbs and gutters, 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 if $41,740.16, including all street excav- ation, 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 588,234.52 square feet. Section 6 Actual Area of Distriot The total actual area of all property within Special Improvement District No. 416, excluding streets, avenues and alleys, is 401,343.03 square feet, which is the area on which all protests will be decided. Section 7 Payments ~hat 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 de- sires 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 vrom the sale of bonds of said Special Improvement District No. 416, as authorized by law~ Such bonds will be in denominations of $lUO.UO each and fractions or multiples of $lOO.UO where necessary, to be issued and chargeable against a fund to be known and designated as Special Improvement District No. 416 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. 416. Said bonds will draw a simple interest from the date I of their registration until called for payment, at a rate not to exoeed 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, Re- vised Codes of Montana, 1947, and all other applicable provisions of Title 11 of the Revised Codes of Montana, 1947, relating to special improvement districts in cities and towns, and any amendments thereof or thereto. Seotion 8 Protests and Notioe 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 April A. D. 1960, at the hour of one o'clock p.m. of said day, --- - .112 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 pro- posed Special Improvement District No. 416, the improvement proposed to be made pur- suant 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 inten- tion. Adopted by the Commission of the City of Bozeman, Montana, at a regular and I stated session of said Commission held on the 16th day of Maroh A. D. 1960 s/ Arnold M. Swanson -~~~-~ Mayor ATTEST-: - ~~@~ - Cler~. - he City Commission .--- - - - ~ - ~ ~ ~ ~ - ~ - - ~ - - ~ - NOTICE IN RE COMMISSION RESOLUTION NO. 970 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. 416." Notice is hereby given that on the 16th day of March A. D. 1960, at a reg- ular session of the Commission of the City of Bozeman, Commission Resolution No. 970, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DISTRICT I TO BE KNOWN AS SPECIAL INPROVEMENT DISTRICT NO. 416 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCT- ING AND INSTALLING A PAVEMENT PROJECT ON SOUTH CYPRESS AVENUE FROM EAST BABCOCK STREET TO EAST CURTISS STREET, ON SOUTH McADOW AVENUE FROM EAST OLIVE STREET TO EAST CURTISS STREET, ON EAST OLIVE STREET FROM SOUTH CYPRESS AVENUE TO SOUTH McADOW AVENUE AND ON EAST CURTISS STREET FROM SOUTH CYPRESS AVENUE TO THE NORTH-SOUTH ALLEY AS PLATTED BETWEEN BLOCK A AND BLOCK D, MARWYN REARRANGEMENT OF BLOCKS 13, 14, 15, 18, 19, 20 AND ADJACENT VACATED STREETS OF THE NORTHERN PACIFIC ADDITION TO BOZEMAN, MONTANA, SAID PROJECT TO INCLUDE THE CONSTRUCTION AND INSTALLATION OF COMBINATION CON- CRETE CURBS AND GUTTERS, GRAVEL BASE COURSE, CRUSHED GRAVEL CUSHION COURSE, BITUMINOUS SURFACE COURSE AND OTHER WORK INCIDENTAL THERETO was passed and adopted. That Wednesday, the 6th day of April A. D. 1960, at one o'clock p.m. at the Commission Room of the City Hall, Bozeman, Montana, is designated by Resolution No. 970 as the time and place for hearing objeotions to the action proposed to be taken by said resolution, when and where all persons whose property is within said proposed Special Improvement District No. 416 on South Cypress Avenue from East Babcock Street to East Curtiss Street, on South McAdow Avenue from East Olive Street to East Curtiss Street, on East Olive Street from South Cypress Avenue to South McAdow Avenue and on East Curtiss Street from South Cypress Avenue to the North-South Alley as platted between Bloek A and Block D, Marwyn Rearrangement ot Blooks 13, 14, 15, 18, 19, 20 and adjacent vacated streets of the Northern Pacific Addition to Bozeman, Montana, 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 I first publication of this notice. An approximate preliminaryestimate of the cost of doing such work and making such improvements within said district, including all street excavation, all ma- terials, installation costs, engineering and incidentals, which is to be specially assessed against the property within said district is $41,740.16. The total assess- able area of all property within the said distriot, exclusive of streets, avenues and alleys with the 25 feet adjacent to the improvement taken at double its actual area is 588,234.52 square feet. Properly immediately adjaoent 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 period of nineteen (19) years wi th interest on the deferred payments not to exceed six (6) percent per annum, payable annually, but this shall not be construed to prevent payment in full at any regular payment -..-- - -- da te by any property owner. .11:~ For a description of the boundaries of said Special Improvement District No. 416, reference is hereby made to Resolution No. 970 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 C~erk of said Commission in the City Ha~l of said City of Bozeman, State of Montana, and open for inspection to all interested par- ties and the public generally. T~ls-notice i~ given pursuant to the provisions of Section 11-2204, Revised Codes-of Montana, 19-47. I Dated this 16th day of March A. D. 1960. C~~~~B!On First published in the Bozeman Daily Chronicle March 18, 1960. -- - ~ .. .... - ... .. State of Montana ) ) ss County of Gallatin) I, C. K. Wilson, Clerk of the Commission of the City of Bozeman, do hereby certify that the foregoing Notice in Re, Commission Resolution No. 970 was pub- lished at length in the Bozeman Daily Chronicle, a Newspaper ~f general circula- tion printed and published in said City in the issues of Mar-ch;t8th, thru 2 3rd, 1960, and due proof of such publica tion 1s on rile in my -offl~&._- _ - IN WITNESS WHEREOF I hereunto set my hand and aff~ the corpo~ate seal or my of rice this 24th day of March, 1960. - - ~~a -c/--~ --- r o' th~-UOuUnission ~ - - ~ - ~ ~ ~ - ~ ~ - - ~ I I - - - - - -- - - -