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HomeMy WebLinkAboutResolution 638 Creates SID No. 352 68 COMMISSION RESOLUTION NO. 638 A RESOLUTION OF 'rHE CITY COMMISSION OJ? THE CITY OB' BOZEMAN DECIA RING IT rrO BE THE INTENTION OF THE CI'l'Y OF BOZEMAN TO CREA'rE A SPECIAL IMPROVEMEN'I' DIS'l'RIC'r '1'0 BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 352 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING CONCRETE CURBS AND STORM SEWERS, AND APPLYING BASE GRAVEL, PAVEMENT AND SURFACING ON sourH 'THIRTEENTH AVENUE BETWEEN KOCH STREET AND COLLEGE STREET; SOUTH TWELFTH AVENUE BETWEEN KOCH STREET AND STORY STREET; AND WEST KOCH STREET BETWEEN TWELFTH AVENUE AND THIRTEENTH AVENUE IN SAID CITY. WHEREAS: There has been filed with the Clerk of the City Commission of the City of I 8ozeman, Montana, a petition in due form of certain property owners on South 'Thirteenth Avenue between Koch street and College Street, South Twelfth Avenue between Koch street and Story street and West Koch Street between Twelfth Avenue and Thirteenth Avenue ask- ing that a special improvement district be created for the purpose of constructing concrete curbs and storm sewers and applying base gravel, pavement and surfacing on said streets; and WHEREAS: That at a regular meeting of the City Commission of the City of Bozeman held on the 22nd day of September, 1948, the aforesaid petition was respectively considered and granted; 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. 352 of the City of Bozeman for the purpose of construct- ing concrete curbs and storm sewers, and applying base gravel, pavement and surfacing on South Thirteenth Avenue between Koch Street and College street, South Twelfth Avenue between I Koch Street and story street and West Koch Street between Twelfth Avenue and Thirteenth A venue, in said City. Section 2. Boundaries. The boundaries of said Special Improvement District No. 352 are described as follows: Beginning at the intersection of the center line of South Tllirteenth Avenue and West Koch street; thence north along the projected center line of Thirteenth Avenue 180'; Thence east along a line 150' north of and parallel to the north line of West Koch Street to the center line of South Twelfth Avenue; thence south along the center line of South 'rwelfth Avenue to the center line of West Koch Street; thence east along the center line of West Koch Street to the center line of the alley between Eleventh Avenue and Twelfth Avenue; thence south along the center line of said alley to the center line of West Story street; thence west along the center line of West story Street to the center line of the alley between Twelfth Avenue and Thirteenth Avenue; thence south along the center line of said alley to the north line of West College Street; thence west along the north line of West College Street to the center line of the alley between Thirteenth Avenue and Fourteenth Avenue; thence north along the cen center line of said alley to the center line of West Koch Street; thence east along th the center line of West Koch Street to the place of beginning. Section 3. Character of Improveme'1.ts. The character of the improvements to be made in District No. 352 is: The construction of asphalt paving to consist of a 4" crushed gravel base, a 3" asphaltic wearing course (either traveling plant or blade mix) and an asphalt cement seal with sand or chip cover; also concrete curb and that part of an over all storm sewer system that falls under said pavement. The streets to be improved are I South Thirteenth Avenue between Koch street and College street, South Twelfth Avenue between Koch Street and Story Street and West Koch Street between Twelfth Avenue and thirteenth Avenue in Bozeman, Montana. Section 4. Estimate of cost. The preliminary estimate of the cost of said improve- ments, including curb, grading, pavement and storm sewers, engineering and incidentals 69 is Thirty Th~ee Thousand Nine Hundred Nine and 44/l00ths Dollars ( $ 3 3 , 909. )-+4) . Section 5. 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 storm sewers herein provided for will be assessed as a separate item on an actual area basis and at such time that an over-all storm sewer system is constructed in the area I contained within the confiines of the said District, the property so charged will be credit- ed with the full amount assessed and paid in this District in the over-all storm sewer district. Decause some of the streets in the proposed Special Improvement District No. 352 run east and west and some north and south and in some of the streets to be improved the lots run parallel with the street and in others the lots front on the street and the improve- ment, that in order to provide a just and equitable method or methods of assessment, it is necessary and desirable to divide the district into three (3) sections, with differing methods of assessment, for purposes of constructing the curbs and pavement herein provided for, which sections together with the part of t he entire cost to be assessed against each section, the estimated rate of assessment and the method of assessment are described as follows: SECTION 1, SOUTH THIRTEEN'rH AVENUE FROM KOCH STREET TO COLLEGE S'rREET. Section 1 includes all that property lying between the side lines of South Thirteenth and the alleys from the south line of West Koch street to the North line of West College street, I the assessable area of which, with the 25' next adjacent to the improvement taken at double its actual area is 393,750 sq. ft. 'rhe preliminary estimate of the cost of the improvements to be made in and assessed against the property within Section 1 is $17,693.27, and the estimated rate of assessment is $:0.0449 per sq. ft. SECTION 2, SOUTH TWELFTH AVENUE FROM KOCH STREET TO STORY STREET. Section 2 includes all that property lying between the side lines of South Twelfth and the alleys from the south line of West Koch Street to the north line of West Story Street, the assessable area of which is 91,216 sq. ft. The preliminary estimate. of the cost of the improvements to be made in and assessed against the property within Section 2 is $4,147.51, and the estimated rate of assessment is $0.0455 per sq. ft. SECTION 3, WEST KOCH STREET FROM TWELFTH AVENUE TO THIRTEENTH AVENUE. Section 3 includes all that property lying within 150' of the side lines of West Koch street from the west line of South Twelfth to the center line of South Thirteenth, the assessable area of which is 98,871 sq. ft. The preliminary estimate of the cost of the improve- ment to be made in and assessed against the property in Section 3 is $4,159.06 and the est- imated rate of assessment is $0.0421 per sq. ft. I Section 6. Actual Area of the District. 'rhat the total actual area of all property within said proposed Special Improvement District No. 352, exclusive of streets, avenues, alleys, and public places is 450,270 sq. ft. Protests will be received, considered and determined upon this area upon the same basis that assessment is made. Section 7. Payments. 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 Resolution No. 638, Page 2 .._ .__.....____.._..__..._._.___ _.__n..___..____ ---".-.-----...- . 70 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 construct- ion and installation of said improvements with cash to be obtained from the s ale of bonds of said Special Improvement District No. 352, 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 Improvement District I No. 352 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 in said Special Improvement District No. 352 for that purpose. said bonds shall draw a simple interest from the date of their registration until called for payment, at a rate not exceeding six (610) 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 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 of 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 applicable pro- visions of Chapter 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. Section 8. Protests and Notice. That the regular session of the City ComTIission of the City of Bozeman, to be held at the Commission Chamber, City Hall Building, Bozeman, Montana, on Wednesday, the 16th day of March, A.D. 1949, at the hour of 1:00 o'clock P.M. of said day, are the time and place when and where the City ComJnission will hear and pass I upon all protests duly and regularly made and filed against the creation of said proposed Special Improvement District No. 352, the improvements proposed to be made pursuant there- to 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 Intention. Adopted by the Comnission of the City of Bozeman, Montana, at a stated and regular session thereof held on the 16th day of February, A.D. 1949. Attest: It 1". ~")" '. . d~~~ U1UiJ,(1 ,()VIAl (, .,., , Mayor C e k of the City Commission NOTICE IN RE COMMISSION RESOLUTION NO. 638 OF' THE CITY OF BOZEN!AN DECLARING THE INTEN'I'ION OF 'rHE CI'rY OF BOZE!vIAN rro CREATE A SPECIAL IMPROVEMENT DISrrRICT 'ro BE KNOWN AND DESIGNATED AS SPECIAL IMPROVEMENT DISTRICT NO. 352. Notice is hereby given that on the 16th day of February, A.D. 194-9, at a regular meeting of the Commission of the City of Bozeman, Commission Resolution No. 638, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN DECURING IT TO BE THE I INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DISTRICT 'ro BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 352 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CON- STRUCTING CONCRETE CURBS AND STORM SEWERS, AND APPLYING BASE GRAVEL, PAVEMENT AND SURFACING ON SOUTH 'rHIRTEENTH AVENUE BETWEEN KOCH STREE'r AND COLLEGE SrrREET; SOUrrH TWELFTH A VENUE BE'rWEEN KOCH STFEET AND STORY STREET; AND WEST KOCH STREET BE'rWEEN TWELFTH AVENUE AND THIRTEEN'rH AVEnUE IN SAID CITY. was passed and adopted. rrhat Wednesday, the 16th day of March, A.D. 1949, at 1:00 o'clock P.M. at the Comm- ission Room of the City Hall, Bozeman, Montana, is designated by said Resolution No. 638 as the time and place for hearing objections to the action proposed to be taken by said Resolution No. 638, Page 3 ---------------- --.- ., 71 resolution, and when and where any and all persons whose property is within said proposed Special Improvement District No. 352, on South Thirteenth Avenue between Koch Street and College Street, South Twelfth Avenue between Koch Street and story Street, and West Koch street between Twelfth Avenue and Thirteenth Avenue in said City, may appear and show cause if any they have, against said proposed improvement. Objections must be made in writing I and filed with the Clerk of the City Commission not later than fifteen {lS} 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 improvement, which is to be specially assessed against the property within said district, is ~~33, 909.~h. 'rhe total actual area of all property within the proposed district, exclus- ive of streets, avenues, alleys and public places, is 450,270 square feet. Property inuned- lately adjacent 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 improvement 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 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. 352, reference is hereby made to Resolution No. 638 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 Clerk of said Commission in the City Hall of said City of Bozeman, State of I Montana, and open for inspection to all interested parties and the public generally. Notice is further given that said District is divided into three sections with vary- ing rates and methods of assessment within each section, because some of the streets in said Special Improvement District No. 352 run east and west and some north and south, and in some of the streets to be improved the lots run parallel with the streets, and in others the lots front on the street to be improved. The boundaries of these sections are also set forth in said Resolution of Intention No. 638 together with that part of the total cost of said improvement to be assessed against each section, and this information, too, can be ob- tained by inspection of said Resolution of Intention No. 638 as aforesaid. This Notice is given pursuant to the provisions of Section 5227, Revised Codes of Montana, 193.5. Dated this 23rd day of February, A.D. 1949. By order of the Commission of the City of Bozeman. d~ lerk of the City Commission I Resolution No. 638, Page 4 .-...---....-..".. .-----.--- 72 State of Montana ) I ) 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 news- paper of general circulation printed and published in said City, in the issues of February 23rd, 1949 to February 27th, 1949, both dates included, 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 28th day of February, 1949. c{~~ erk of . he Commission Montana ss I ,. L. G. Sha do Clerk of the Commission of the City of Bozeman, do hereby certify that the foregoing Resoluti~~r 638 was published by title and n~mber in the Bozeman -------.. Daily Chronicle, a newspaper of genera~ation printed and published in said City in I the issue of and that due-~le in my office. IN WITNESS vmEREOF I hereunto set my hand and affix the se of my office this 28th day of February, 1949. Clerk of the Commission I Resolution No. 638, Page 5 ----"'_..