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HomeMy WebLinkAboutResolution 640 Creates SID No. 354 78 COMMISSION RESOLUTION NO. 640 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN DECLARING IT TO BE THE INTENTION OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 354 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF EXCAVATING AND CONSTRUCTING BITUMINOUS PAVEMENT ON NORTH GRAND AVENUE FROM WEST LAMME STREET TO WEST TAMARACK STREET IN SAID CITY. WHEREAS: There has 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 North Grand Avenue I between West Lamme Street to West Tamarack Street asking that a special improvement District be created for the purpose of excavating and constructing bituminous pavement on said streets and WHEREAS. : That at a regular meeting of the City Commission of the City of Bozeman held on the 12 th da y of January, 1949, 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. 354 of the City of Bozeman for the purpose of excavat- ing and constructing bituminous pavement on North Grand AVenue from West Lamme Street to West Tamarack street in said City. Section 2. Boundaries. The boundartes of said proposed Special Improvement District No. 354 are described as follows: Beginning at a point on the north line of West Lamme Street 75 feet east of the east line of North Grand Avenue; thence north along a line 75 feet east of and parallel to I the east line of North Grand Avenue to the south line of West Tamarack Street; thence west along the south line of West Tamarack Street to a point 75 feet west of the west line of North Grand Avenuel thence south along a line 75 feet west of and parallel to the west line of North Grand Avenue to the north line of West Lamme street; thence east along the north line of West Lamme Street to the point of beginning. Section 3. Character of Improvements. The character of the improvement to be made in Special Improvement District No. 354 1s the construction of bituminous pavement. From West Lamme Street to West Peach Street there will be a 3" mat of road mix laid on the present base. From Peach Street to Tamarack Street the street will be excavated to sub- grade and a 4ft crushed gravel base with a 3ft mat of road mix laid. The whole job will be sealed with asphalt cement and chipped. There will be no curbs or storm sewers in this district. Section 4. Estimate of Cost. The preliminary estimate of the cost of said improve- ments, including excavation, base gravel and pavement, is Sixteen Thousand Nine Hundred Five and 76/l00ths ($16,905.76) Dollars. Section 5. Method of Asses:nnent. The preliminary estimate of cost of said improve- ments, including excavation, base gravel and pavement, as set forth above is to be assessed against the property within said District on a front foot basis, as follows: Because a part of the area in said proposed Special Improvement District No. 354 I requires improvement that is not required in the remainder thereof, and in order to provide a just and equitable method or methods of assessment, it is necessary and desirable to divide the District into two (2) sections with differing methods of assessment, for the purposes of constructing the improvements herein provided for, which sections, together with the frontage thereof, the part of the entire cost to be assessed agaInst each section and the estimated rate of assessment are described as follows: ...--" .-...- 79 SECTION 1, NORTH GRAND AVENUE FROM WEST LAMME STREET TO WEST PEACH STREET. Section 1 includes all that property lying within 75 feet of the sidelines of North Grand Avenue from the north line of West Lamme Street to the south line of West Peach Street, the assessable frontage of which is 2600.74 feet. The preliminary estimate of the cost of the improvements to be made in and assessed against the property in Section 1 is $7,708.80 I and the estimated rate of assessment is $2.964 per front foot. SECTION 2, NORTH GRAND AVENUE FROM WEST PEACH STREET TO WEST TAMARACK STREET. Section 2 includes all that property lying within 75 feet of the side lines of North Grand Avenue from the north line of West Peach Street to the south line of West Tamarack Street, the assessable frontage of which is 1,920 feet. The preliminary estimate of the cost of the improvements to be made in and assessed against the property in Section 2 is $9,196.96 and the estimated rate of assessment is $4.79 per front foot. Section 6. Actual Frontage of District. That the total actual frontage of all prop- erty within said proposed Special Improvement District No. 354 is 4,520.74 feet which is the frontage on which all protests will be received, ,considered and determined. Section 7. Pa yments . That payments for said improvements shall be made in ten (10) annual installments extending over a period of nine (9) years, but this shall not be con- strued to prevent payment in full at any regular payment date by any property owner who desires to do so. It is proposed to paw 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. 354, as authorized by law. Such bonds will be in I 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. 354 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. 354 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 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 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. That the regular session of the Commission of the City of Bozeman, to be held at the Commission Chamber, City Hall Building, Bozeman, Montana, I on Wednesday, the 30th 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 Commission will hear and pass upon all protests duly and regularly made and filed against the creation of said proposed Special Improvement District No. 354, 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. 640, Page 2 -.-- . ... ---.--....-...- 80 Adopted by the Commission of the City of Bozeman, Montana, at a regular and stated session of said Commission held on the 23rd day of February, A.D. 1949. Att~ 0A fw ! ~ J.O. LJ th (1 A.,I.." ~j ,( J .'\, ayor I ~k of fue City Commission NOTICE IN RE COMN-ISSION RESOLUTION NO. 640 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. 354". Notice is hereby given that on the 23rd day of February, A.D. 1949, at a regular meeting of the Commission of the City of Bozeman, Commission Resolution Number 640 entitled: 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 DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NUMBER 354 OF 'L'HE CITY OF BOZEMAN FOR THE PURPOSE OF EXCAVATING AND CONSTRUCTING BITUMINOUS PAVEMENT ON NORTH GRAND AVENUE FROM WEST LAMME STREET TO ~~ST TAMARACK STREET IN SAID CITY. was passed and adopted. That Wednesday, the 30th day of March, A.D. 1949, at 1:00 o'clock P.M. at the Commission Room of the City Hall, Bozeman, Montana, is designated by said Resolution No. 640 as the time and place for hearing objections to the action proposed to be taken by said resolution, and when and where any and all persons whose property is within said proposed Special Improvement District No. 354, on North Grand Avenue from West Lamme Street to West Tamarack Street in I 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 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 improvement, which is to be specially assessed against the property within said District, is $16,905.76. The total actual frontage of all property within the proposed District, exclusive of streets, alleys, avenues, and public places, is 4,520.74 feet. Payment for t he improvement 1s 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%) 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. 354 reference is hereby made to Resolution No. 640 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 Montana, and open for inspection to all interested parties and the public generally. I Notice is further given that said District is divided into two $ections with vary- ing rates and methods of assessment within each section, because a part of the area in said proposed District requires improvement that 1s not required in the remainder thereof. The boundaries of these sections are also set forth in said Resolution of Intention No. 640 together with that part of the total cost of said improvement to be assessed against each section, and this information, too, can be obtained by inspection of said Resolution of Intention No. 640 as aforesaid. Resolution No. 640, Page 3 81 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. I ~~~ S10n 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 news- paper of general circulation printed and published in said City, in the issues of March 9th to March 13th, both dates 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, 1949. ~~r&~S10n Montana ) ) ss llatin) I. L. Clerk of the 8ommission of the City of Bozeman, do hereby certify that the foregoing published by title and number in the Bozeman Daily Chronicle, a newspaper of general printed and published in said City I in the issue of and that due in my office. IN WITNESS WHEREOF I hereunto set my hand Cle rk of the City Commission I Resolution No. 640, Page 4 ..--..