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HomeMy WebLinkAboutResolution 650 Creates SID No. 350 11t COMMISSION RESOLUTION NO. 650 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN DECLARING IT TO BE THE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 350 OF TIiE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING CONCRETE CURBS AND ASPHALT PAVEMENT ON WEST COLLEGE STREET FROM EIGHTH AVENUE TO ELEVENTH AVENUE, IN SAID CITY. WHEREAS: The City Commission of The City of Bozeman has determined that the pavement I on West College Street from Eighth Avenue to Eleventh Avenue must be replaced; and WHEREAS: Said street is a part of the highway system of The State of Montana, being a part of Highway No. 191; and WHEREAS: By virtue of the above fact, the Montana State Highway Commission has agreed to pay, with Federal aid, seventy-five per cent (75%) of the cost of replacing said pave- ment; and WHEREAS: The City of Bozeman may under the law and will pay, of the remainlng twenty-five per cent (25~) of the cost of the new pavement, the proportionate share thereof represented by the area of pavement in the street intersections; and WHEREAS: The balance of the twenty-five per cent (25%) of the cost of the new pave- ment remaining will be assessed against the property situated adjacent to the street to be paved and within one-half block north and south therefrom; and WHEREAS: The property owners adjacent to the street to be paved, and thereby liable for assessment therefore, have indicated a favorable reaction toward such im.provement; and WHEREAS: This improvement is considered to be of general benefit to The City of Bozeman and, after due and regular consideration of all the above facts by the City Comm- I lssion of The City of Bozeman, the said City Commission in a regular meeting on the 8th day of June, 1949, determined that such improvements should be made and that a special improvement district should be created for the purpose of constructing and installing such impro vemen ts ; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF BOZEMAN: Section 1. Declaration of Intention. That it is hereby declared to be the intention of the City of Bozeman to create a special improvement district to be known and designated as Special Improvement District No. 350 of The City of Bozeman for the purpose of const- ructing concrete curbs and asphaltic pavement on West College Street from Eighth Avenue to Eleventh Avenue in said City. Section 2. Boundaries. Beginning at a point on the original west line of South Eighth Avenue where inter- sected by the north line of Lot 8, Block 50, West Park Addition; thence west along the north line of lots 8 and 21 in Blocks 50, 51, and 52 to the east line of South Eleventh Avenue; thence south along the east line of South Eleventh Avenue to a point 182.5' south of the south line of West College Street; thence east on a line 182.5' south of and parallel to the south line of West College Street to the original west line of South Eighth Avenue; thence north on the original west iine of South Eighth Avenue to the point of beginning. I Section 3. Character of Improvements. The character of the improvements to be made within said Special I~provement District No. 350 is: The removal of present pavement, the removal of curbs where necessary, and the construction of new concrete curbs and asphaltic pavement on West College Street between Eighth Avenue and Eleventh Avenue in accordance with Montana State Highway Department plans and specifications. Section 4. Estimate of Cost. The preliminary estimate of the cost of said improve- ments, including curbs, pavement, all work, material, engineering and incidentals is Twenty-Five Thousand ($25,000.00) Dollars. This estimate is made by the Montana State Highway Department. The Montana State Highway Department, with Federal aid, will pay 112 75% of this cost. Of the entire area of pavement proposed in this improvement, 18% is within street intersections. This improvement being considered of general benefit to of the The City of Bozeman, it is therefore proposed that/25% of the estimated total cost not paid by the Montana State Highway Department, the City of Bozeman will pay a proportion- ate share as represented by the area that the pavement in the street intersections bears to the entire amount of pavement to be constructed. I Sec tioD 5. Method of Assessment. The balance of' the estimated coat of' said improve- ment remaining is to be asseased against the property included in the District on an area basl8, with the 25 feet of' property immediately adjacent to the proposed improve- ment to be assessed at double the assessment against other property ln the District. The assessable area of property in the District, with 25 f'eet next adjacent to the proposed improvement assessable at double the assessment of other property within the District, is 339,537 square feet and the estimated rate of assessment is $0.015094. Section 6. Assessable Area of District. The total assessable area of all property within Special Improvement District No. 350, exclusive of streets, avenues, alleys, and public places is 339,537 square feet, which is the area on which all protests will be decided. Sec tion 7. Pa ymen ts . That payments f'or said improvements shall be made in ten (10) annual installments extending over a period of nine (9) years, but this shall not be construed to prevent payment in f'ull 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 construc- tion and installation of said improvements with cash to be obtained from the sale of I bonds of said Special Improvement District No. 350, 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- ment District No. 350 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 f'or that purpose in said Special Improvement District No. 350. Said bonds shall draw a simple interest from the date of their registration until called for payment, at a rate not exceeding six (6%) per cent per annum, which interest shall be chargeable as a part of the cost of' the construction and installation of said imp- rovement. The bonds will be issued and sold in accordance with the provisions of Section 5250 and Section 5277.3, Revised Codes of Montana, 1935, as said sections are amended by the provisions of Chapters 178 as to Section 5250 and 179 as to Section 5277.3, both chapters of the Laws of the 29th Legislative Assembly of' the State of Montana, 1945, and all other ay,plicable provisions of' C apter 398 of the Political Code, Revised Codes of Montana, 1939, relating to special improvement districts in cities and towns, and any amendments thereof' or thereto. I See tion 8. Protests and Notice. That the regular session of the Commission of The City of Bozeman, to be held at the Commission Chamber, City Hall Building, Bozeman, Mon tana , on Wednesda y, the 29th day of June, A.D. 1949, a t the hour of one 0' clock P.M. of said day, are 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 proposed Special Improvement District No. 350, the improvement proposed, to be made pursuant thereto and the extent and character thereof, or either thereof'; and the Clerk of the City Resolution No. 650 - Page 2 113. Commission be, and he is hereby, directed to give notice 1n 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 Bozeman, Montana, at a regular and stated session of said Commission held on the 8th day of June, A.D. 1949. Atte.~~ {!~ A.~__~ I ~k of the Citr Commission Mayor NOTICE IN BE COMMISSION RESOLUTION NO. 650 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. 350." Notice is hereby given that on the 8th day of June, A.D. 1949, at a regular meeting of the Commission of the City of Bozeman, Commission Resolution No. 650 entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN DECLARING IT TO BE TIlE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 350 OF THE CITY OF BOZEMAN FOR THE PUR- POSE OF CONSTRUCTING CONCRETE CURBS AND ASPHALTIC PAVEMENT ON WEST COLLEGE STREET FROM EIGHTH AVENUE TO ELEVENTH AVENUE, was passed and adopted. That Wednesday,_ the 29th day of .June, A.D. 1949, at one o'clock P.M. at the Comm- ission Room of the City Hall, Bozeman, Montana, 1s designated by said Resolution No. 650 as the time and place for hearing objections to the aotion proposed to be taken by said resolution, and when and where any and all persons whose property 1s within said proposed Special Improvement District No. 350 on West College Street ,from Eighth Avenue to Eleventh I Avenue in said City may appear and show cause, if any they have, against said proposed improvemen t . Objections must 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 ~lblication of this Notice. An approximate and preliminary estimate of the cost of doing such work and making such improvement within said District, including all such work, material, engin- eering and Incidemtals, is $25,000.00. The Montana State Highway Department, with Fed- eral aid, will pay 75% of this cost. Of the entire area of pavement pro'posed in this improvement, 18% is within street intersections. This improvement being considered of general benefit to the City of Bozeman, it Is therefore prop'osed that of the 25% of the as tima ted total cost not paid by the Montana Sta te Highway Department, The Ci ty of Bozeman will pay a proportionate share as represented by the area of pavement in street inter- sections, or 18% of $6,250.00. The balance of $5,125.00 is to be assessed against the, property included in the District on an area basis, with the 25 feet of property immed- Ie tely ed,jacent to the proposed improvement to be assessed a t 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 assess- I ment of other property within the District, Is 339,537 square fee t; and the e s tima ted rate of assessment is $0.015094. Payment for the improvements to be made in this District is to be made in ten (10) annual installments over a period of nine (9) years with interest on the deferred pay- ments 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. 350 reference is hereby made to Resolution No. 650 of the Commission of The City of Bozeman Resolution No. 650 - Page 3 114 declaring the intention to create said District, which is on file in the office of the undersigned Clerk of said Commiesion 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 5227, Revised Codes of Montana, 1935. Dated this 11th day of June, A.D. 1949. I By order of the Commission of The City of Bozeman. ~~~ C erko the ty omm ssion State of Montana ) ) ss County of Gallatin) I, L. G. Shadoan, Clerk of the Commission of the City of Bozeman, do hereby certify that the foregoing Notice was published at length in the Bozeman Daily Chronicle, a daily new~paper of general circulation printed and published in said City, in the issues of .June 12th, 1949 thru June 17th, 1949, both dates inclusive, and that due proof 1s on file in my office. In WITNESS WHEREOF I hereunto set my hand and affix the seal of my office this 18th day of June, 1949. ~A~l~ I I Resolution No. 650 - Page 4