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HomeMy WebLinkAboutResolution 735 Create SID 371 356 COMMISSION RESOLUTION NO. 73S 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 TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NUMBER 371 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING A PAVEMENT PROJECT ON SOUTH THIRD AVENUE FROM GARFIELD STREET TO LINCOLN STREET, SAID PAVEMENT PROJECT TO INCLUDE THE CONSTRUCTION AND INSTALIA TION OF A STORM SEWER LINE FROM GARFIELD STREET TO GRANT STREET, COMBINED CONCRETE CURBS AND GUrTERS, SELECT GRAVEL BASE, CRUSHED GRAVEL CUSHION COURSE, AND BITUMINOUS SURFACE COURSE IN SAID CITY. WHEREAS: There has been filed with the Clerk of the City Commission of The City of I Bozeman, Montana, a petition in due form of certain property owners on South Third Ave- nue from Garfield Street to Lincoln Street asking that a special improvement district be created for the purpose of constructing an'd installing a pavement project on said streets, said pavement project to include the construction and installation of a storm sewer line from Garfield Street to Grant Street, combined concrete curbs and gutters, select gravel base, crushed grevel cushion course, and bituminous surface course; ,and WHEREAS: That at a regular meeting of the CitW Commission of The City of Bozeman held on the 18th day of March, 1953, the aforesaid petition was respectively considered and granted; NOW 'rHEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CI'~ OF BOZEMAN: Section 1. DECLARATION OF INTENTION. That it is hereby declared to be the inten- tion of The City of Bozeman to create a special improvement district to be known and designated as Special Improvement District No. 371 of The City of Bozeman for the pur- pose of constructing and installing a pavement project in Soutrl Third Avenue from Gar- field Street to Lincoln Street, said pavement project ~o include the construction and installation of a storm sewer line from Garfield Street to Grant Street, combined con- I crete curbs and gutters, select gravel base, crushed gravel cushion course, and bitum- inous surface course in said City. Section 2. BOUNDARIES. The boundary of said Special Improvement District No. .371 shall be a8 follows: Beginning at the Northwest Corner of Block Thirty-three (33) of the C ap- itol Hill Addition to Bozeman, Montana, thence Southerly along the east Line of South Fourth Avenue and alon~ the West Lines of Blocks Thirty-three (33), Forty- eight (48), and Forty-nine ( 9), of said Capitol Hill Addition to a point of intersection with the North Line of Lincoln street, said KOint of intersec- tion being the Southwest Corner of said Block Forty-nine ( 9); thence Easter- ly along the North Line of Lincoln Street and along the South !J,nes of said Block Forty-nine (49) and Block Twenty-two (22) of the Butte Addition to Boz- eman to a point on the i.:)outh Line of said Block Twenty-two (22) locr.Jted 120 feet Easterly from the Southwest Corner of said Block Twenty-two (22); thence Northerly 120 feet distant from and parallel to the East Line of South Third Avenue to a point of intersection with the South Line of Garfield Street, said point of intersection being located on the North Line of Block Sixteen (16) of said Butte Addition; thence Westerly along the oouth Line of Garfield Street and along the NOrth Lines of said Blocks Sixteen (16) and Thirty-three(33) to the point of beginning. Section 3. CHAHAc'rER OF IMPROVEMENTS. The character of the improvements to be made within said Special Improvement District No. 371 is: The construction of a pavement project on South Third Avenue from Garfield to Lincoln Street, saidpavement project to I include the construction and installation of a storm sewer line with appurtenances from Garfield to Grant Streets, combined concrete curbs and gutters, select gravel base, crushed gravel cushion, and bituminous surface course. Section 4. ESTIMATE OF COST. The preliminary estimate of the cost of said improve- ments, including all street excavation, trench~excavation and backfill, all materials, installa.tion costs, engineering and incidentals is Thirty-five Thousand Six Hundred 357 Fifteen and nO/lOO ($35,615.00) Dollars. Section 5. AREA OF DISTRICT. The total actual area of all property within Special Improvement District No. 371, exclusive of streets, avenues and alleys, is 243,479.4 square feet, which is the area on which all protests will be decided. Section 6. METHOD OF ASSESSMENT. The preliminary estimate of cost set forth above I is to be assessed against the property within said District on an area basis as follows: The estimated cost of said improvement is to be assessed against the property included in the District on an area basis, with the 25 feet of property immediately adjacent to the proposed improvement to be assessed at double the assessment against other property in the Di stric t. The assessable area of property in the District, with 25 feet next adjacent to the proposed improvement assessable at double the assessment of other property witr1in the District, is 294,204.4 square feet and the estimated rate of assessment. is $0.12106. Section 7. PAY1VIENTS' That payments for said improvements shall be made in twenty (20) annual installments 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 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. 371, as authorized by law. Such bonds will be in denominations of $100.00 each and fractions of $100.00 where necessary, to be issued and chargeable against a fund to be known and designated as Special Improve- I ment District No. 371 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. 37l. Said bonds shall draw a simple interest from the date of their registration until called for paymen t , at a rate not exceeding six .1.6%} per cent per annum, which interest shall be chargeable as a part of the cost of the constructim and installation of said improvement. The bonds will be issued and sold in accordance with the provisions of Section 11-2232 and Section 1102271, 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- tr~cts in cities and towns, and any amendments thereof or thereto. Section 8. PROTESTS ANn NOTICE. That the regular session of the Ci ty Commissi on of The City of Bozeman, to be held at the Commission Chamber, City Hal 1 B ui, 1 d in g , Bo zeman, Mon ana, on Wednesday, the 29th day of April, 1953, at the hour of one o'clock P.M. of said day, are the fime and plac e, when and where the Ci ty Commission will Bar and pass upon all protests duly and regularly made and filed against the creation of said proposed Special Improvement District No. 371, the improvement proposed to be made pursuant there to I and the extent and character thereof, or either thereof; and too Clerk of the City Commis- sion 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 Commission of The City of B-cZ-ernan, Montana, at a regular and stated session of said Commission held on the 8th day of April, A. D. 1953. Attest: lull ~ q(4~~ --- Mayor 01 erk of the City Commission Resolut ion No. 735 358 NOTICE IN RE COMMISSION RESOLUTION NO. 735 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 DISTRIC'r NUMBER 371". Notice is hereby given that on the 8th day of April, A.D. 1953, at a regular meeting of the Commission of The City of Bozeman, Commission Resolution Number 73S, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BO ZEMAN DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DISTRICT I 'ro BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NUMBER 371 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CON STRUCTrm AND INSTALLING A PAVEMENT PROJECT ON SOUTH THIRD AVENUE FROM GARFIELD STREET TO LINCOLN STREET, SAID PAVEMENT PROJECT fro INCL UDE THE CONSTRUCTION AND INSTALLA'r ION OF A STORM SEWER LINE FROM GARFIELD STREET TO GRANT STREET, COMBINED CONCRETE CURBS AND GUTTERS, SELECT GRAVEL BASE, CRUSHED GRAVEL CUSHION COURSE, AND BITUMINOUS SURFACE COURSE IN SAID CITY, WAS PASSED AND ADOFTED. That Wednesday, the 29th day of April, A.D. 1953 at one o'clock P.M. at the Com- mission Room of the City Hall, Bozeman, Montana, is designated by said Resolution No. 735 as the time and place for hearing objections to the action proposed to be taken by said resolution, Bnd when and where any and all persons whose property is within said proposed Special Improvement District No. 371, on South 'rhird Avenue from Garfield Street to Lincoln Street in said City may appear and show couse, if any they have, a- gainst said proposed improvement. Objections must be made in writing and filed with the ".-'1 Clerk of the City Commission not later than fifteen (15) days after the date of the first bpulication of this notice. An approximate and preliminary estimate of the cost of doing such work and making such improvement, which is to be specially assessed against the property within said District, is $35,615.00. The to~l assessable area of all property within the proposed I District, exclusive of streets, avenues, alleys and public places, is 294,204.L+ square feet. Property immediately adja.cent 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 (19) years with interest on the deferred payments not to exceed six (6%) per cen t per annum, payable annually, but this sh8.1l not be construed to prevent payment in full at any regular payment date by any property owner. For a description of the boundaries of saidSpecial Improvement District No. 371 reference is hereby made to Resolution No. 735 of the Commission of The City of Bozeman declaring the intention to create said District, which is on file in the office of the undersinged 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 is given pursuant to the provisions of Section 11-22-04, Revised Codes of Montana, 1947. Dated this 8th day of April, A. D. 1953. By order of the Commission of The City of Bozeman. I &~ Cle of he City Commission Published in the Bozeman Daily Chronicle April 11th, 1953. State of Mam.tana, County of Gallatin) S3: I, L.G.Shadoan, Clerk of the Commission of 'rhe City of Bozeman do hereby certify that the foregoing Notice, Commission Resolution No. 735 was published at length in the Bozeman Daily Chronicle in the issue of April 11th, and that due proof is on file in my office. IN WITNESS WHEREOF I hereunto set my hand and affix the seal of my office this 13th day of April, 1953. ~ti~ CIerk 0 the Ci ty Comm ssion Resolution No.735 . -,~_. _.