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HomeMy WebLinkAboutResolution 639 Creates SID No. 353 73 COM MISSION RESOLUTION NO. 639 A RESOLUTION OF 'rHE CITY COMMISSION OF frHE CITY OF BOZEMAN DECIA RING IT 'ro BE THE IN'rENTION OF 'rHE CI'rY OF BOZEMAN TO CREA'rE A SPECIAL IMPROVEMENT DISTRICT 'ro BE KNOWN AS SPECIAL IMPROVEMEN'r DIs'rRICT NO. 353 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTR UC'rING CONCRETE CURBS AND STORM SEWERS, AND APPLYING BASE GRt VEL WHERE NEED- ED, PAVEMENT AND SURFACING ON SOUTH SEVENTH AVENUE BETWEEN MAIN STREET AND KOCH STREET; WEST OLIVE STREET BETWEEN SIXTH AVENUE AND EIGHTH AVENUE; AND WEST CURTISS STREET 3ETWEEN SIXTH AVENUE AND EIGH'rH AVENUE OF SAID CITY. I WHEREAS: There haa been filed with the Clerk of the City Commission of the City of Bozeman, Montana, a petition in due form of certain property owners on South Seventh Avenue between Main Street and Koch Street, West Olive Street between Sixth Avenue and West Curtiss street between Sixth A~enue and Eighth Avenue asking that a special improvement district be created for the purpose of constructing concrete curbs and storm sewers, and applying base gravel where needed, 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 12th day of January, 1949, the aforesaid petition was respectively considered and granted; NOW, THEREFORE, 3E IT RESOLVED BY 'rHE CITY 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. 353 of the city of Bozeman for the purpose of construct- ing concrete curbs and storm sewers and applying base gravel where needed, pavement and surfacing on South Seventh Avenue between Main Street and Koch Street, West Olive Street between Sixth Avenue and Eighth Avenue, and West Curtiss Street between Sixth Avenue and I Eighth Avenue in said City. Section 2. Boundaries. The boundaries of said Special Improvement District No. 353 are described as follows: Beginning at a point on the south line of West Main Street 135 feet west of the west line of South Seventh Avenue; thence south along a line 135 feet west of and parallel to the west line of South Seventh Avenue to a point 150 feet north of the north line of West Olive Street; thence west along a line 150 feet north of and parallel to the north line of West Olive street to the original east line of South Eighth Avenue; thence south along said original east line of South Eighth Avenue to the center line of alley between West Curtiss street and West Koch Street; thence east along said center line of alley between West Curtiss Street and West Koch Street to a point 135 feet west of the west line of South Seventh Avenue; thence south along a line 135 feet west of and parallel to the west line of South Seventh Avenue to the north line df West Koch Street; thence east along the north line of West Koch street to the center line of the alley between South Seventh Avenue and South Sixth Avenue; thence north along the center line of said alley between South Seventh Avenue and South Sixth Avenue to a point 150 feet south of the south line of West Curtiss Street; thence east along a line 150 feet south of and parallel to the south line of West Curtiss Street to the west line of South Sixth Avenue; thence north along the west line of South Sixth Avenue to a point 150 feet north of the north line of West Olive Street; thence west along a line 150 feet north of and parallel to the north line of West Olive street to the center line of the alley between South Seventh Avenue and South Sixth Avenue; thence north along the center line of said alley between South Seventh Avenue and South Sixth Avenue and continuing north along a line 135 feet east of and parallel to the east line of South Seventh Avenue to the south line of West Main Street; thence west along the south line of said West Main Street to the point of beginning. I Section 3. Character of Improvements. The character of the improvements to be made within said Special Improvement District No. 353 is: The construction of concrete curbs where none exist; storm sewers; asphalt pavement consisting of a 3" mat of road mix mat- erial (either travel plant or blade mix) on the existing base where such base is suitable or on a 4" crushed gravel base where the existing base is unsuitable; and a seal and chip surface, on South Seventh Avenue between Main Street and Koch street, on West Olive Street between Sixth Avenue and Eighth Avenue and on West Curtiss Street between Sixth Avenue and Eighth Avenue in Bozeman, Montana. -------- _". _... ....n ._.._____.._on.___.___._ 74 Section 4. Estimate of Cost. The preliminary estimate of the cost of said improve- ments, including curb, grading, pavement, storm sewer, engineering and incidentals, is Twenty-two Thousand Fifty-one and 37/100ths ($22,051.37) Dolmrs. 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 I area basis and at such a time that an over-all storm sewer system is constructed in the area contained within the confines of the s aid 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 dist- rict. The total estimated cost of the storm sewers is Eight Thousand Nine Hundred Thirty Six and 1+0/l00ths ($8,936.~.o) Dollars, and the estimated rate of assessment is $0.0200 per square foot. Because some of the streets in said proposed Special Improvement District No. 353 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, and in order to provide a just and equitable method or methods of assessment, it is necessary and desirable to divide the district into four (4) sections, with differing methods of assessment, for purposes of constructing the curbs and pavement herein provided for, which sections together with the part of the entire cost to be assessed against each section, the estimated rate of assessment and the method of assessment are described as follows: SEc'rrON 1, SOUTH SEVEN/rH A VENUE FROM MA IN STREET TO KOCH STREET. I Section 1 includes all that property lying between the side lines of said South Seventh Avenue and the alleys, or, if there is no alley, all the property within 135 feet of said sidelines from the south line of West Main Street to the north line of West Koch Street; the assessable area of which, with the 25 feet next adjacent to the improvement taken at double its actual area, is 354,665 square feet. The preliminary estimate of the cost of the improvements to be made in and assessed against the property in Section 1 is $;6,20Lt.oO and the estimated rate of assessment is ~;0.Ol75 per square foot. Any necessary curbs will be assessed extra. SECTION 2. WEST OLIVE S'rREE'r FROM SIXTH A VENUE 'ro EIGHTH A VENUE. Section 2 includes all property l~ing within 150 feet of the side lines of said West Olive Street, from the west line of Sixth Avenue to the east line of Eighth Avenue, the assessment area of which, with the 25 feet next adjacent to the improvement taken at double its actual area, is 173,749 square feet. The preliminary estimate of the cost of the improvements to be made in and assessed against the property in Section 2 is $2,675.64 and the estimated rate of assessment is $0.0154 per square foot. Any necessary clwbs will be assessed extra. I SECTION 3. WEST CUR/rISS s'rREE'r FROl.i SEVEN'rH AVENUE '1'0 EIGH'rH AVENUE. Section 3 includes all property lying within 150 feet of the side lines of said West Curtiss Street, from the west line of Sixth Avenue to the east line of Eighth Avenue, the assess- ment area of which, with the 25 feet next adjacent to the improvement taken at double its actual area, is 87,501 square feet. The preliminary estimate of the cost of the improve- ments to be made in and assessed against the property in Section 3 is $1,267.20 and the estimated rate of assessment is ~;0.ol448 per squa.re foot. Any necessary curbs will be assessed extra. Resolution No. 639, Page 2 -- --- 75 SECTION ~_, WEST CURTISS S'rREE'r FROM SIX'rH A VENUE TO SEVENTH A VENUE. Section ~_ includes all that property lying within 150 feet of the side lines of said West Curtiss Street from the west line of Sixth Avenue to the east line of Seventh Avenue, the assessable area of which is 87,500 square feet. The preliminary estimate of the cost of the improvements to be made in and assessed against the property in Section 4 is I $2,963.13 and the estimated rate of assessment is $0.0339 per square foot. Curbs are in- cluded in this section. Section 6. Actual Area of District. That the total actual area of all property within said proposed Special Improvement District No. 353, exclusive of streets, avenues, alleys and public places is 446,754 square feet. 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 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 con- struction and installation of said improvements with cash to be obtained from the sale of bonds of said Special Improvement District No. 353, 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 No. 353 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 I funds are available in said Special Improvement District No. 353 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 (6%) per cent per annum, which interest shall be chargeable as a part of the cost of the construction and installation of said improve- ment. 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 5 250 and of 179 as to Section 5277.3, both Chapters of the Laws of the 29th Legislative Assesmbly of the State of Montana, 1945, and all other applicable provisions 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. 'rh at the regular session of the City Co:rrunission of The City of Bozeman, to be held at the Commission Chamber, City Hall BUilding, Bozeman, Montana, on Wednesday, the 30th day of March, A.D. 1949, at the hour of one o'clock P.M. of said day, are the time and place when and where the City Commission will I hear and pass upon all protests duly and regularly made and filed against the creation of said proposed Special Improvement District No. 353, the improvement proposed to be made pursuant thereto 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. . Resolution No. 639, Page 3 -. --"......_-- - - ....--... .-......-..-...... ..--.--.- 76 Adopted by the Commission of The City of Bozeman, Montana, at a regular and stated session of said Comrnission held on the 23rd day of February, A.D. 194.9. (% g! . . IA~~ -' ~LJ J. .I ,.\{)-iI " j .I Mayor. A'I'TEST : dJ~ I Clerk of the City Commission. NO'TICE IN RE COMMISSION RESOLTITION NO. 639 OF THE CITY OF BOZEMAN DECLARING THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMEN'I' DISTRIC'I' TO BE KNOWN AND DE- SIGNATED AS "SPECIAL IMPROVEMENT DISTRICT NUMBER 353." Notice is hereby given that on the 23rd day of February, A.D. 19!~9, at a regular meeting of the Commission of the City of Bozeman, Comm.ission Resolution Number 639 en- titled: A RESOLUTION OF THE CITY COMMISSION OF' THE CITY OF BOZEMAN DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZruAAN TO CREATE A SPECIAL IMPROVEMENT DISTRICT '1'0 BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NUMBER 353 OF' THE CITY OF BOZEMAN FOR THE PURPOSE OF CONs'rRtJC'rING CONCRErI'E CURBS AND STORM SEWERS, AND APPLYING BASE GRAVEL WHERE NEEDED, PAVEMENT AND SlJRF'ACING ON SOUrH SEVENTH AVENUE BETWEEN MAIN STREET AND KOCH STREET: WES'I' OLIVE STREE'I' BETWEEN SIXTH AVENUE AND EIGHTH AVENUE: AND WEST Clffi'rrSS STREE'r BErI'WEEN SIXTH A VENUE ANDEIGH'rH A VENUE IN S A.ID CrTY, was passed and adopted. I That Wednesday, the 30th day of March, A.D. 1949 at one o'clock P.M. at the Commis- sion Room of the City Hall, Bozeman, Montana, is designated by said Resolution No. 639 as the time and place for hearing objections to the action proposed to be taken by said resolution, and when and where any and ell persons whose property is within said propos- ed Special Improvement District No. 353, on South Seventh Avenue between Main Street and Koch Street, West Olive Street between Sixth Avenue and Eighth Avenue and West Curtiss Street between Sixth Avenue and Eighth Avenue in said city, may appear and show cause, if any they have, against said proposed improvement. Objections must be made in writing and filed with the Clerk of the City COTIL.'11ission 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 improvement, which is to be specially assessed against the property within said District, is f:;22,051.37. The total actual area of all property within the proposed District, exclusive of streets, avenues, alleys and public places, is !.~+6, 754 square feet. Property immediately adjacent to and within 25 feet of the proposed improvement is to be assessed at double the assessment against other property in the District. Pay- I ment 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 a t any regular payment date by any property owner. For a description of the boundaries of s aid Special Improvement District No. 353 reference is hereby made to Resolution No. 639 of the Commission of the City of Bozeman Resolution No. 639, Page 4 ---.-.-.- .........-.-....-. - - --.----....-......-..-. ...-. -.--- 77 declaring the intention to create s aid District, which is on file in the office of the undersigned Clark of s8.id Commission in the City Hall of said City of Bozeman, State of i'/Iontana, and ODen for inspection to all interested parties and the public generally. Notice is further given that said District is divided into four sections with vary- ing rates and methods of assessment wi thin each section, because some of the streets in I said proposed Special Improvement District No. 353 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 to be improved. The boundaries of these sec- tions are also set forth ins aid Recolution of Intention No. 639 together with that part of the total cost of said improvement to be assessed against each section, and this in- formation, too, can be obtained by inspection of said Resolution of Intention No. 639 as aforesaid. This notice is given pursuant to the provisions of Section 5227, Revised Codes of Montana, 1935. Dated this 8th day of March, A.D. 1949. By order of the Commission of The City of Bozeman. ~~~ Clerk of the City Comnlission. State of Montana ) ) ss I County of Gallatin) .r, 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 March 9th ~o ~ March 13th inclusive, 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 14th day of March. ~J~ - Clerk of the City Commiss ion. Montana ss County 0 I, L. G. Shado Clerk of the Commission of the City of Bozeman, do hereby certify that the foregoing Resolutio o. 639 was published by title and number in the Bozeman Daily Chronicle, a newspaper of genera irculation printed and published in said City, in the issue of and that due proof is file in my office. I IN WITNESS WHERE OF I hereunto set my hand and affix ~seal of my office this -------- ~ Clerk of the City Commission. -- Resolution No. 639, Page 5