HomeMy WebLinkAboutResolution 739 SID 373 for Storm Sewer System
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COMMISSION RESOLUTION NO. 739
A RESOLUTION OF THE CITY COMMISSION OF 'rHE CITY OF BOZEMAN, MON'rANA, DECLARING IT
TO BE TIm INTENTION OF SAID COMMISSION TO CREATE A SPECIAL IMPRovm~ENT DISTRICT OF
SAID CI'rY 'ro BE KNOWN AND DESIGNATED AS "SPECIAL IMPROVEMENT DISTRICT NO. 373" OF
THE C I'I'Y OF BO ZEMAN FOR THE PURPO SE OF CONSTRUC'rING AND INSTALLING A STORM SE1N"ER
SYSTEM IN CERTAIN AREAS IN 'rHE WESTPORTION OF BOZEMNT,
SAID SYSTEM TO INCLUDE AN
OUTLE'r LINE ALONG ELEVENTH AVENUE WHICH WILL ALSO CARRY 'rHE CREEK WATERS NOW
CARRIED BY AN OPEN CHANNEL ALONG ELEVENTH AVENUE, AND TO SPECIALLY ASSESS THE COST
OF SUCH CONSTRUCTION AND INSTALIJVrION AGAINST THE PROPERfry WITHIN 'rEE BOUNDARIES
OF SAID SPECIAL IMPROVEMENT DIs'rRICT SO CREATED ON AN AREA BASIS,
PTJRSUANT TO 'rHE
STATurES IN SUCH CASES MADE AND PROVIDED.
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BB IT RESOLVED BY 'TIlE COMMISSION
OF THE CITY OF BOZEMAN:
Section 1. DECLARATION
OF INTENTION. It is hereby declared to be the intention of
The City Commission of The City of Bozeman, Montana,
to create a Special Improvement Dis-
trict of said City,
to be known and designated as Special Improvement District No. 373,
for the construction and installation of a storm sewer system in certain areas
in the
west portion of Bozeman, said
system to include an outlet line along Elventh Avenue which
also carry the creek waters now carried by an open channel along Eleventh Avenue.
Section 2. BOUNDARIES
OF DISTRICT. The boundaries of said Special Improvement Dis-
trict No. 373 shall be
as follows:
Beginning at the point of intersection of the centerlines of South Ninth Avenue
and West College Street, thence
westerly along the centerline of West Col~ ge
Street to a point located 571 feet East of the Northerly extension of the Boz-
eman City Limits Line located on the North and South Centerline of Section
'rhirteen (13), Township Two (2) South, Rage F'ive (5) East, M.P.M.; thence
Southerly 571 feet distant from the parallel to the said City Limits Line
hereinbefore described,
a distance of 720 feet to a point on the South Line
of Block 'ren (10)
of the Capitol Hill Addition to The City of Bozeman;
themce
Westerly along the South Lines of said Block Ten (10)
and Block Nine ( 9)
of
said Capital Hill Addition and the extension of said South Lines,
to a point
of intersection with the Bozeman City Limits Line located on t he North and
South Centerline of said Section Thirteen (13);
thence Northerly along said
City Limits Line to
the point where said City Limits Line intersects the City I
Limits Line running along the certerline of West College Street;
thence
Westerly along the City Limits Line located along the centerline of West College
street, to its point of
intersection with the West Line of South Fifteenth
Avenue; thence Northerly
along the West Line of South };:LfteenthAvenue (saId
West Line being the City Limits of TheCity of 30zeman)
to its point of inter-
section with the Westerly extension of the East and West centerline of Block
Five (5) of the Werre Rearrangement of the West Side Addition to The City of
Bozeman; thence Easterly along the East and West centerlines of Blocks Five (5),
Six (6), and Seven (7), of said Werre Rearrangement, and Blocks Seven (7) and
Eight ( 8),
of said West Side Addition, and the extensions of these centerlines,
to a point of intersection with the center line of the alley in Block Eight
(0)
of said West Side Addition;
thence Northerly along the centerline of alley in
Blocks Eight(8) and One (1) of said 1Nest Side Addition to its point of inter-
section with the City Limits on the North Line of said Block One (1); thence
Easterly along said City Limits to
the West Line oP South Eleventh Avenue; thence
Northerly along the City Limits on the West Line of ~outh 8leventh Avenue to
its point of intersection with the Westerly extension of the centerline of
alley of Block Four (4) of the Springbrook AddT.tlon to 'rhe Ci ty of 50 zeman;
thence Easterly along the centerline of alley in said Block Four (4) and its
extension to a point of intersection with the centerline of North Tenth Avenue;
thence Southerly along the centerline of North Tenth Avenue to
its point of
intersection with the center line of West Main Street;
thence Easterly along
the centerline of West Main Street to its point of intersection with the South-
erly extension of the centerline of the alley in Block Three
(3 ) of said Spring-
brook Addition; thence Northerly along the centerline of alley in Blocks Three
(3), Six (6), and EJe.ren (11), of said Spr ingbrook Addi t ion, and the extens 10:1
of said centerline,
to a point of intersection with the centerline of West Beall
Street; thence Easterly
along the centerline of West Beall street to its point
of intersection with the centerline of North Seventh Avenue;
thence Southerly
along the centerline of North Seventh Avenue to
its point of intersection with
the centerline of West Mendenhall Street;
thence Westerly along the centerline I
of West Mendenhall Street to
its point of intersection with the centerline of
North Eighth Avenue;
thence Southerly along the centerline of North Eighth
Avenue to its point of intersection with the centerline of the East and West
alley in Block Two (2) of sald Springbrook Addition; thence Westerly along the
center line of L'1e East and West alley in said Block Two (2) to its point of
intersection with the centerline of the North a nd South Alley in said DIock
Two (2); thence Southerly along the Southerly extension of the centerline of
the North and South alley in said Block Two l2) to its point of intersection
with the centerline of West Main Street;
thence West along the centerline of
West Main Street to a point 130 feet East of the East Line of South Ninth Avenue:
thence Southerly 130 feet distant from and parallel to the East Line of South
Ninth Avenue to a point of intersection with the, centerline of West Babcock
Street; thence Westerly
along the centerline of West Babcock Street to its
point of intersection with the Northerly extension of the centerline of the
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North and South alley in Block
riour ( 4)
of the West Park Addi tion to The
City of Bozeman; thence Southerly
along the center line of alley in Blocks
Four (4), Nine (9),
and 'fwenty ( 20) ,
in said West Park Addt tion, and the
extensions of said centerline
of alley, to a point of intersection with
the centerline of West Koch
Street; thence Easterly along the centerline
of West Koch Street to its
point of intersection with the NOrtherly extension
of the
centerline of alley in Block T~venty.five (25), of said West Park Ad-
dition; thence Southerly along
the centerline of alley in said Clock 'fwenty-
five (2S), and the extensions
of said centerline of alley, to a point of
I intersection with the
centerline of West Story street; thence Westerly along
the centerline of West Story Street to its point of intersection with the
centerline of South Ninth Avenue;
thence Southerly along the centerline of
South Ninth Avenue
to the point of beginning.
Section 3.
BENEFI'rS DECLARED. It is hereby declared by
the Commission
of The Gity
of Bozeman that all of
the land within the boundaries of the said proposed Special Improve-
ment District No.
373, as said boundaries
are specified and described in Section 2 of
this Resol ut ion,
will be specially and equally benefitted by the construction and installa-
tion of said sanitary sewer
and should equally bear the cost thereof in accordance with
the laws of the state of Montana
in such CBse made and provided.
Section 4. CHARAc'rER OF IMPROVEMENT.
The Character of the improvement to be made
within said proposed Special
Improvement District No. 373 is the construction and :tn-
stallation of a storm sewer
system, including necessary pipe lines, manholes
and drain
inlets
at street intersections, and other necessary appurtenances.
Two outlet pipe lines
will be provided,
one outlet line along North Ninth Avenue with the outlet end located
near the North Property Line
~ West Beall street,
and one outlet line along E~enth
Avenue with the outlet end
located near the South Property Line of West Mendenhall
Street.
'The outlet line along Eleventh Avenue is also designed to carry the creek
I waters now flowing in
an open channel along Eleventh Avenue from a point near CollEge
Street to the outlet
end of the pipe line near Mendenhall Street, and continuing thence
northward in said open channel,
as stated
and specified in Section 1 orthis Resolution.
Section 5. ESTIMATE OF COST.
The preliminary estimate of the cost of the impro-
ment to be made within Special
Improvement District No. 373,
including all excavation
and backfill, material,
installation, engineering,
and incidentals,
is One Hundred Forty-
f1 ve 'fhousand,
Two Hundred Twenty-one and nO/100 ($145,221.00)
Dollars.
Section 6. AREA AND METHOD OF ASSESSMENT.
It is proposed to pay the cost of said
improvement by assessing the
land within the boundaries of said proposed District on an
area basis,
each lot, piece and parcel of land within such boundaries to be assessed
therefor in the proportion
which its area bears to the area of all the land within such
boundaries as
described in Section 2 of this Resolution on an area basis.
The total area
of all the }and wi thin such
boundaries is 3,803,731.84 square feet,
and the estimated cost
per square foot is $0.03817856.
Section 7. PAYMEN'r OF COST.
It is proposed to pay the entire cost and expense of
I the construction and
installation of said improvement with cash to be obtained from the
sale of bonds of said Special
Improvement District No. 373,
as authorized by law. Such
bonds will be in denominations of $100.00 each or fractions or multiples thereof where
necessary,
to be issued and chargeable against a fund to be known and designated as
Special Improvement District
No. 373 Fund of The City of Bozeman.
The bonds will be
redeemable at the option of
th e C it Y ,
singly or in multiples, and in the order of their
registration,
whenever funds are abailable in said Special
Improvement District No. 373
for
that purpose. Said bonds shall draw a simple interest from the date of their regis-
Reso 1 ut ion No.
739
368
tration until called for payment,
at a rate not exceed.;ng six (6%) percent per annum,
which interest shall be chargeable as a part of the cost of the construction and installation
of said improvement.
The bonds w11l be issued and sold in accordance with the provisions
of Section 11-2232 and Section 11-2273, Revised Codes of Montana,
1947,
and all other appli-
cable provisions of Title 11 of the Revised Codes of Montana,
19L+-7 , relating to
special
improvement districts
in cities and towns, and any amendments
thereof or thereto.
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Section 8.
SPECIAL ASSESSMENT. To pay said bonds and the interest thereon,
represent-
ing the cost of making said improvement,
a special assessment shall be levied against all
of the land wi thin the boundaries ;)f
said proposed Special Improvement District No.
373,
as defined in Section 2 of this Resolution,
3,803,731,84 square feet, each square foot
of
said land to be assessed for its proportionate share of such entire cost as
finally deter-
mined, said 3,803,731.84
square feet being exclusive of streets, avenues,
alleys and public
places.
Section 9.
ASSESSMEN'rS PAYABLE IN INSTALLMENTS. That such special
assessments on each
separate lot, parcel
or piece of land, on the area basis, within the boundaries of said
Special Improvement District No.
373 as hereinbefore define~ shall be payable
immediately
upon the final ascertainment and levy thereof in the manner prescribed by law,
or,
at the
option of the owner of such lots,
piece or parcel of land, or lots,
pieces and parcels of
land held in the aggregate and in the same ownership,
in ten (10)
equal (as nearly as may
be) annual installments
commencing on or before the thirtieth day of November in the year
in which the improvement within the District is completed,
such deferred installment pay-
ments to bear interest from the date of such levy until paid at the rate at which the
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bonds to pay the cost of
said imorovement are sold and issued, and at not to exceed six
(6%) percent per annum.
Section 10.
REVOLVING FUND. The payment of the bonds of' said proposed Special Improve-
ment District No.
373 as to delinquencies and deficiencies,
if any, will be provided for
under the provisions of Ordinance No.
612 of the City of Bozeman setting up a Revolving Fund
pursuant to the provisions of Section 11-2269 to 11-2273,
both sections included,
Revised
Codes of Montana,
19~ 7 , and any amendments thereof or thereto.
Section 11.
TIME FOR PROTESTS. That the regular
session of the City Commission of
the City of Bozeman
to be held at the Commission Chamber, Ci ty Hall Building,
Bozeman,
Montana, on Wednesday,
the 17th day of June, 1953,
at the hour of 1:00 o'clock P.M. of
said day, are
the time and place when and where the City Commission will hear andpass
upon all protests duly and regularly made and file d against the crea tion of said proposed
Special Improvement District No.
373, the improvement proposed to be made pursuant thereto,
and the extent and character thereof,
or either thereof.
Section 12.
CLERK 'ra GIVE NOTICE. That 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
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adoption of this Resolution of Intention.
Adopted by the Commission of
The City of Bozeman, Montana, at a stated and regular
session of sald Commission held on the 20th day of May, A.
D. 1953.
Attes~ ~
(1/.t;:~
it · ..~o/
Mayor
C1 k of the City Commission
Resolution No. 739
369
NOTICE IN RE
COMMISSION RESOLUTION NO. 739
OF THE CrfY OF BOZEMAN DECLARING THE IN-
TENTION OF 'rHE CITY OF BOZEMAN
TO CREATE A SPECIAL IMPROVEMEN'f DIs'rRICT
TO BE KNOWN AND DESIGNA'fED
AS "SPECIAL IMPROVEMENT DISTRICT NUMBER 373"
Notice is hereby given that
on the 20th day of May, A. D., 1953, at a regular meeting
of the Commission of The City
of Bozeman, Commission Resolution No.
739 entitled:
I A RESOLUTION OF 'fHE
CI'fY COMMISSION OB' THE CITY OF BOZEMAN, MJN'I'ANA, DECLARING
IT TO BE THE IN'fENTION OF SAID COMMISSION TO CREATE A SPECIAL IMPROVEMENT DIS-
TRICT OF SAID CITY TO BE KNOWN AND DESIGNATED AS "SPECIAL IMPROVEMEN'f DISTRIC'r
NO. 37Y' OF' 'rHE CITY OF BOZEMAN- FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING
A STORM SEWER SYSTEM IN CERTAIN AREAS IN THE WEST PORTION OF BOZEMAN, SAID
SYSTEM 'ro INCLUDE AN OUTLET LINE ALONG ELEVENTH AVENUE WHIClI WILL ALSO CARRY
'fHE CREEK WATERS NOW CARRIED
BY AN OPEN CHANNEL ALONG ELEVENTH AVENUE, AND TO
SPECIALLY ASSESS THE COST OF
SUCH CONSTRUCTION AND INSTALLA'rION AGAINST THE
PRJP[~R'rY WITHIN THE BOUNDARIES
OF SAID SPECIAL IMPROVEMENT DISTRIC'l' SO CREA'rED
ON AN AREA BASIS, PURSUANT
TO THE STATUTES IN SUCH CASES MADE AND PROVIDED,
was passed and adopted.
'rhat Wednesday,
the 17th day of June, A. D.
1953, at one o'clock P.M. at the Commis-
sion Room of the City Hall,
Bozeman, Montana, is designated by said Resolution No.
739 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 wi thin said proposed
Special Improvement District
No. 373 in said City May appear and show cause,
if any they
have, against said proposed
improvement. Objections mw:~t be made in writing and filed
with the Clerk of the City
Commission not later than fifteen (15) days after the date of
the first publication of this
Notice.
An approximrjte and preliminary
estimate of the cost of doing such work and making
such improvement within said
District, including all excavation and backfill. material,
I installation,
engineering and incidentals, which is to be specially assessed against the
property within said District, is
One Hundred Forty-five Thousand, 'rwo Hundred Twenty-one
and nO/lOO
($1~5,221.00) Dollars. The total actual area of all property within the pro-
posed District, exclusive of
streets, alleys, avenues and public placesis 3,d03,731.84
sq uare feet.
Payment for the improvement is to be made in ten (10) annual
installments
over a period of nine (9) 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
payment in full at any regular
payment date by any propertyowner. The first of said
installments shall be paid
on or beforethe thirtieth day of November in the yeer in
which the i'nprovement wi thin
the Dis tric t is completed.
For a description of the boundaries
of said Special Improvement District No. 373 ref-
erence is hereby made to Resolution
No. 739 of the Commission of The City of Bozeman, Montana,
declaring 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
Man tana,
and opsn for inspection to all interested parties and the public generally.
I This notice 1s given
pursuant to the provisions of Section 11-2204. Revised Codes
of Montana, 19~7 .
Dated this 27th day of May, A. D.
1953.
By order of the Commission
of The City of Bozeman.
-~~~
Clerk of the City Commission
Resol ution No. 739
370
state of M'mtana )
) ss
County of Gallatin )
I, L. G.
Shadoan, Clerk of the Commission of The City of Bozeman,
do hereby certify
that the foregoing Notice,
Commission Resolution No. 739, was publBhed
at length in the
Bozeman Daily Chrorrlcle for five iS3ues beginning May 28th,
19.53, and that due proof is
on file in my office.
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INWI'rNESS WHEREOF I Hereunto set my hand and affix
the corporate seal of my office
this 19th day of June, 19.53.
r?f~
C erk of the Commission
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