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HomeMy WebLinkAboutResolution 736 SID 372 South Fifth Ave. pavement project 359 COMMISSION RESOLUTION NO. 736 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 DIS- TRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NUMBER 372 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING A PAVEMENT PROJECT ON SOUTH FIFTH AVENUE FROM GARFIELD STREET TO LINCOLN STREET, SAID PAVEMENT PROJECT TO INCLUDE THE CONSTRUCTION AND INSTALLA'rrON 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 SURF'ACE I COURSE, IN SAID CITY WHEREAS: There has been filed with the Clerk of the City Commission of The City of Bozeman, M~ntana, a petition in due form of certain property owners on South Fifth Avenue fro m Garfield Street to Lincoln Street asking th1~ a special improvement district be created for the purpose of constructing and installing a pavement project on said streets, said pavement project to include the constructicn and installation 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; and WHEREAS; That at a regular meeting of the Oi ty Commission of The Oit y of Boz eman held on the first day of April, 1953, the aforesaid petition was respectively considered and granted; NOW, THEREFORE, 5e It Resolved by The 6ity 6ommission 6r fhe 6ity Of Bozeman: Section 1. DECLARATION OF INTENTION. That it is hereby declared to be the intention of The City of Bozeman to creGte a special improvement district to be known and designated as Special Improvement District No. 372 of The City of Bozeman for the purpose of con- stw cting and installing a pavement project on South Fifth Avenue from Gafield Street to I Lincoln Street, said pavement project to include the construction and installation of a storm sewer line from Garfield Street to Grant Street, combined concrete curbs a.nd gutters, select gravel base, crushed gravel cushion course, and bituminous surface course in said City. Section 2. BO UNDARIES . The boundary of said Special Improvement District No. 372 shall be as follows: Beginning at the Northwest Corner of Lot One (1), of Block Thirty-five (35), of the Capitol Hill Addition to Bozeman, Montana, thence Souther- ly along the East Line of the alley in Blocks Thirty-five (35) ,Forty- six (46), andFifty-one (51), of said Addi tion, to the Southwest Corner of Lot Sixteen (16) of said Block Fifty-one (51); thence Easterly along the South Lines of said Lot Sixteen (16) and Lot Seventeen (17) of Block Fifty (50) of said Addition (being also the North Line of Lincoln Street) to a point located 143 feet Easterly from the Southwest Corner of said Lot Seventeen (17); thence Northerly 143 feet distant from and parallel to the East Line of South Fifth Avenue to a point of intersection with the North Line of Lot Twenty-four (24), of Block Thirty-four (34), of said Addition, said point of intersecti~n being also an the South Line of Garfield Street; thence Westerly along the North Line of said Lot Twenty- four (24) and Lot One (1) of said Block Thirty-five (35), (being also along the South Line of Garfield Street), to the point of beg inning. Section 3. CHARACTER OF IMPROVEMENTS. The character of the improvements to be made within said Special Improvement District No. 372 is: The construction of a pavement pro- I ject on South Fifth Avenue from Garfield Street to Lincoln Street, said pavement project to include the construction and installationof a storm sewer line with appurtenances from Garfield to Grant Streets, combined concrete curbs and gutters, select gravel base, crushed . gravel cushion, and bi tuminous surfa.ce course. Section 4. ESTIMATE OF COST. The preliminary estimate of the cost of said improve- me n t s , including all street excavation, trench excavation and backfill, all materials, installation costs, engineering and incidentals is Thirty-five Thousand Three Hundred and nO/100 ($35,300.00) 360 Section 5. AREA OF DISTRICT. The total actual area of all property within Special Improvement District No. 372, exlusive of streets, avenues, and alleys, 1s 2:10,136.99 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 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 in- I cluded in the District on an area basis, with the 25 feet of property immediately adje- cent to the proposed improvement to be assessed at double the assessment against other property in the District. 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 within the District, is 340,860.24 square feet and the esti~ated rate of assess- ment is $0.10356. Section 7. PAYMENTS.. That pyaments 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. 372, 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 Im- provement District No. 372 Fund of The City of Bozeman. 'rhe bonds will be redeemable a. t the opt ion of the Ci ty , singly or in multilpes, and in the order of their registr- I ationwhenever funds are available for that purpose in said Special Improvement District No. 372. Said bonds shall draw a simpleinterest from the date of their registration until called for payment, at a rate not exceedjng six (6%) per cent per annum, which interest shall be chargeable as a part of the cost of the construction and installation of said improvement. The bonds will be issued a.nd sold in accordance with the provi- sions of Section 11-2232 and Section 11-2271, Revised Codes of Monta.na, 19~7 , and all other applicable provisions of Title 11 of theRevised Codes of Monta~ 19~-7, rela ting to special improvement districts 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, Boze- mand, Montana, on Wednesday, the 29th day of April, 1953, at the hour of one o'clock P.M. of said day, are the time and place, when and where the City Commission will hearend pass upon all protests duly and regularly made and filed against the creation of said proposed Special Improv6'nent Dis tric t No. 372, 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, andhe is hereby, directed to give notice in the manner and for I the time as by law required, of the adoption of this Resolution of Intention. Adopted by the Commis sion of TheCl ty of Bo .,.eman, Montana, a t a regul ar and s te.ted session of said Commission held on the 8th day of April, A. D. 1953. Attest: ?0- rJ ~ . . Cl~~he City Commission Mayor Reso1uticn No. 736 361 NOTICE IN RE COMMISSION RESOLUTION NO. 736 OF THE CITY OF BOZEMAN DECLARING THE IN'rEN- TION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AND DESIGNATED AS "SPECIAL IMPROVEMENT DISTrICT NUMBER 732." Notice is hereby given that on the 8th day of April, A. D. 1953, at a regular meeting of the Commission of 'l'he City of Bo zeman, t;ommission R~soluti)n Number 736, entitled: A RESOLU'rION OF THE CITY COMMISSION OF THE crry OF BOZEMAN DECLARING IT fro I BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DIS- 'l'RICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NUMBER 372 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING A PAVEMENT PROJECT ON SOUTH FIFTH A VENUE FROM GARFIELD STREET TO LINCOLN STRI~ET, SAID PAVEMENT PROJECT TO INCLUDE 'rHE CONSTRUCTION AND INSTALIJ, TION OF A STORM SEWER LINE FROM GARFIELD STREET TO GRANT STREI~T, COMBINED CONCRETE CURBS AND GUTTERS, SELECT GRAVEL BASE, CRUSHED GRAVEL CUSHION COTJRSE,AND BIT1JMINOUS SURFACE COURSE, IN SAID CITY, was passed and adopted. 'rha t Wednesday, the 29th day of April, A. D. 1953 at one o'clock P.M. at the Commis- sion Room of the City Hall, Bozeman, Montana, is designated by said ResoluticJD No. 736 as the time and place for hearing objections to the action proposed to be taken by said reso- lution, and when and where any and all persons whose property is within said proposed Special Improvement District No. 372, on South Fifth Avenue from Garfield Street to Lincoln Street in said City may appear and show cause, if any they have, against said proposed improvemen t. Objections mU'3t be made in writing and filex with the Clerk of the City Commission not later than fifteen (15) days after the date of the first publication of this notice. An approximate and preliminary estimate of the cost of doing such work and making such im.provement, at which is to be specially assessed against the property within said District, I is $35,300.00. 'rhe total assessable area of all property within ,the proposed District, ex- clu.sive of streets, avenues, alleys and public places, is 340,806. 2~, square feet. Prop- erty immediately adjacent to and within 25 feet of the proposed improvement is to be assess- ed at double the assessment against other property in the District. Payment for the im- provements is to be made in twnety (20) annual installments over a period of nineteen (19) years with interest on the deferred payments not to exceed six (6%) per cent per annum, payable annually, but this shall not be construed to prevent payment in full at any regular payment date by any property owner. For a description of the boundaries of said Special Improvement District No. 372, re- ference is her aby made to Resol ution No. 736 of the Commission of The C1 ty of Boz eman declaring the intention to cre8te said District, which is on file in the offlceof the undersigned Clerk of sai d Commis si\)n in the City Hall of said City of Boz emen, 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 11-2204, Revised Codes of Montana, 19L~ 7 . I Dated this 8th day of April, A. D. 1953. ~ By order of the Commission of The Cityof Bozeman. r f the City Commission Published in the Bozeman D~ily ChrJnicle April 11th, 1953. State of Montana, County of Gallatin ) ss: I, 'L G. Shadoan, Clerk of the Commission of The Clty of Bo zeman do hereby certify that the forei.joing Notice, Commission Resolution No. 736 was published at length in the Bozeman Daily Chronicle in the issue of April 11th, 1953, 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. #~ Cl rk of the Commis s ion Resolution No. 736