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HomeMy WebLinkAboutResolution 644 Creates SID No. 355 91 COMMISSION RESOLUTION NO. 644 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 355 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING CONCRETE CURBS, STORM SEWERS AND PAVEMENT ON SOUTH FIFTH AVENUE FROM KOCH STREET TO STORY STREET; WEST STORY STREET FROM THIRD AVENUE TO SIXTH AVENUE; WEST DICKERSON STREET FROM THIRD AVENUE TO EIGHTH AVENUE AND WEST I ALDERSON STREET FROM FIFTH AVENUE TO NINTH AVENUE IN SAID CITY. WHEREAS: There have been filed with the Clerk of the City Commission of The City of Bozeman, Montana, three petitions in due form of oertain property owners on South Fifth Avenue from Kooh Street to Story Street, West Story Street fron Third Avenue to Sixth Avenue, West Dickerson Street from Third Avenue to Eighth Avenue and West Alderson Street from Fifth Avenue to Ninth Avenue asking that a speoial improvement district be created for the purpose of construoting ooncrete ourbs where needed, storm sewers and pavement on said streets; and WHEREAS: That at a regular meeting of the City Commission of The City of Bozeman held on the 30th day of March, 1949, the petitions oovering South Fifth Avenue from Koch Street to Story Street, West Story Street from Third Avenue to Sixth Avenue and West Dickerson Street from Third Avenue to Eighth Avenue were respectively considered and granted; and at an adjourned meeting of the City Commission of the City of Bozeman held on the 22nd day of April, 1949, the petition covering West Alderson Street from Fifth Avenue to Ninth Avenue was respectively considered and granted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN: I 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. 355 of The City of Bozeman for the purpose of construoting conorete curbs where needed, storm sewers and pavement on South Fifth Avenue from Koch Street to Story Street, West Story Street from Third Avenue to Sixth Avenue, West Dickerson Street from Third Avenue to Eighth Avenue and West Alderson Street from Fifth Avenue to Ninth Avenue in said City. Sec tion 2. Boundaries. The boundaries of said proposed Special Improvement District No. 355 are described as follows: Beginning at a point on the original east line of South Eighth Avenue 150 feet south of the south line of West Dickerson Street; ttence north along said original East line of South Eighth Avenue to the center line of the alley between West Dickerson Street and West Story Street; thence east along the center line of said alley to the east line of South Sixth Avenue; thence north along said East line of South Sixth Avenue to a point 150 feet north of the North line of West Story Street; thence eas t along a lIne 150 feet north of and parallel to the North line of west Story Street to the center line of the alley between South Sixth Avenue and South Fifth Avenue; thence north along the center line of said alley to the South line of West Koch street; thence east along the south line of West Koch Street to a point 150 feet east of the East line of South Fifth Avenue; thence south along a line parallel to and 150 feet east of the east line of South Fitth Avenue to a pOint 150 feet north of the North line I of West Story Street; thence east along a line 150 feet north of and parallel to the north lIne of West Story Street to the west lIne of South Third Avenue; thence south along the west line of South Third Avenue to a point 150 feet south of the south line of West Dickerson Street; thence west along a line 150 feet south of and parallel to the South line of West Dickerson Street to the west line of South Fifth Avenue; thence south along the west line of South Fifth Avenue to a point 150 feet south of the south line of West Alderson Street; thence west along a line parallel to and 150 feet south of the south line of West Alderson Street to the east line of South Ninth Avenue; thence north along the east line ot South Ninth Avenue to a point 150 feet north of the north line of West Alderson Street; thence east along a line 150 feet north of and parallel to the north line of West Alderson Street to the point of beginning. ------------ .._u___... __...._u......._____..n.. .. _... _... ._. _ 92 Section 3. Character of Improvements. The character of the improvements to be made within said Special Improvement District No. 355 ie: The construction of concrete ourbs where none exist; storm sewers: asphalt pavement consisting of a 4" crushed gravel base, a 3" mat ot bituminous material (road mix); and a seal and chip surface on South Fifth Avenue from Koch Street to Story I Street, West Story Street from Third Avenue to Sixth Avenue, West Dickerson Street from Third Avenue to Eighth Avenue and West Alderson Street trom Fifth Avenue to Ninth Avenue in Bozeman, Montana. Seotion 4. Estimate of Cost. The preliminary estimate of the cost of said improvements, inoluding curbs, grading, pavement, storm sewers, engineering and incidentals, is Forty Nine Thousand Seventy~One and 75/100ths ($49,071.75) Dollars. 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: Because some of the streets in said proposed Special Improvement District No. 355 run east and west and some north and south, and in some ot the streets to be improved the lots run parallel with the street and in others the lots front on the street 9nd the improvement, in order to provide a just and equitable method or methods of assessment, it is necessary and desireable to divide the District into five (5) sections, with differing methods of assessment, for purposes of constructing the curbs, storm sewers and pavement I herein provided for, which seotions together with the part of the entire cost to be assess~ ed against each section, the estimated rate of assessment and the method of' assessment are described as follows: SECTION 1. SOUTH FIFTH AVENUE FROM KOCH STREET TO STORY STREET. Section 1 includes all that property lying within 150 feet of the side lines of South Fifth Avenue between the south line of West Kooh Street and the north line of West Story Street, the assessable area of whioh, with the 25 feet next edjacent to the' improvement taken at double its actual area, is 98,5UO square feet. The preliminary estimate of the cost of the improvements to be made in and assessed against the property within Section 1 1s Four Thousand Two Hundred Sixty-Eight and 25/1UOth8 ($4,268.25) Dollars and the estim- ated rate of assessment 1.s $v.0433 per square foot. SECTION 2. VilEST STORY STREET FROM THIRD AVENUE TO SIXTH AVENUE. Section 2 includes all that property lying within 150 feet of the side lines of said West Story Street between the west line of South Third Avenue and the east line of South Sixth A venue, the assessable area of which, with the 25 feet next adjacent to the improvement taken at double its actual area, is 106,752 square feet. The preliminary estimate of the I cost of the improvements to be made in and assessed against the property within Section 2 is Twelve Thousand Seven Hundred Five ($12,705.00) Dollars and the estimated rate of assess- ment is $0.0484 per square foot. SECTION 3. WEST DICKERSON STREET FROM THIRD A VENUE TO SIXTH A VENUE AND SEVENTH AVENUE TO EIGHTH AVENUE. Section 3 includes all that property lying within 150 feet of the side lines of West Dickerson Street between the west line of South Third Avenue and the east line of South Sixth Avenue and also between the west line of South Seventh Avenue and the original east Resolution No. 644 - Page 2 ..m .___.._.____.._._._ 93 line of South Eighth Avenue, the assessable area of which, with the 25 feet next adjacent to the improvement taken at double its actual area, is 347,955 square feet. The preliminary estimate of the cost of the improvements to be made in and assessed against the property within Section 3 is Sixteen Thousand Sixty-Five ($16,065.00) Dollars and the I estlma ted ra te of assessment is $0.0462 per square foot. SECTION 4. WEST DICKERSON FROM SIXTH A VENUE TO SEVENTH A VENUE. Section 4 includes all that property lying within 150 feet of the side lines of West Dickerson Street between the west line of South Sixth Avenue and the east line of South Seventh Avenue, the assessable area of which, with the 25 feet next adjacent to the imp- rovement taken at double its actual area, is 87,500 square feet. The preliminary estimate of the cost of the improvements to be amde in and assessed against the property within Section 4 is One Thousand Seven Hundred Eighty-Five ($1,785.00) Dollars and the estimated rate of assessment is $0.0204 per square foot. SECTION 5. WEST ALDERSON STREET FROM FIFTH A VENUE TO NINTH A VENUE. Section 4 includes all that property lying within 150 feet of the side lines of West Alderson Street between the west line of South Fifth AVenue and the east line of South Nln th A venue, the assessable area of which, with the 25 feet next adjacent to the imp- rovement taken at double its actual area, is 341,900 square feet. The preliminary estimate of the cost of the improvements to be made in and assessed against the property within Section 5 is Fourteen Thousand Two Hundred Forty-Eight and 50/l00the ($14,248.50) Dollars I and the estimated rate of assessment is $0.0417 per square foot. Section 6. Assessable Area of District. That the total assessable area of all property within said proposed Special Improve- ment District No. 355, exclusive of streets, avenues, alleys and public places is 1,138,532 square feet. Protests will be received, considered and determined upon this area upon the same basis that the assessment is made. Section 7. Pa ymen ts . That payments tor said improvements shall be made in twenty (20) annual installments extending over a period of nineteen 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 construction and installation of said lmprovements with cash to be obtained from the sale of bonds of Said Special Imp- rovement District No. 355, as authorized by lsw. Such bonds will be in denominations of $100.00 each and fractions of $100.00 where necessary, to be issued and cgargeable against a fund to be known and designated as Special Improvement District No. 355 Fund of The City of Bozeman. The bonds will be redeemable at the option of the City, singly or in multiples, I and in the order of their registration, whenever funds are available in said Special Imp- rovement District No. 355 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 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 Chapter 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 Sta te of Montana, 1945, and all other applicable provisions Resolution No. 644 - Page 3 94 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. Sec tioD 8. Protests and Notice. That the regular session of the City Commission of The City of Bozeman, to be held at the Commission Chamber, City Hall Building, Bozeman, Montana, on Wednesday, the 25th day of 'May, A.D. 1949, at the hour of one o'clock P.M. of said day, are the time and place, I when and where the City Commission will hear and pass upon all protests duly and regularly made and filed against the creation ofsa1d proposed Special Improvement District No. 355, the improvements 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. Adopted by the Commission. of the City of Bozeman, Montana, at a regular and s ta ted session of said Commission held on the 4th day of May, A.D. 1949. (J~~ ft11:AAA A-AJ(/\ I Attest: Ma yor ~ C~k the ity omm s~ion NOTICE IN RE I COMMISSION RESOLUTION NO. 644 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. 355". Notice is hereby given that on the 4th day of May, A.D. 1949, at a regular meeting of the Commission of the City of Bozeman, Commission Resolution No. 644 entitled: A RESOLUTION OF THE CITY COMMISSION OF T~ CITY OF BOZEMAN DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AND DESIGNATED AS SPECIAL IMPROVEMENT DISTRICT NUMBER 356 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING CONCRETE CURBS, STORM SEWERS, AND PAVEMENT ON SOUTH NINTH AVENUE FROM KOCH STREET TO STORY STREET; WEST STORY STREET FROM THIRD A VENUE TO SIXTH A VENUE; WEST DICKERSON STREET FROM THIRD A VENUE TO EIGHTH A VENUE AND WEST ALDERSON STREET FROM FIFTH AVENUE TO NINTH AVENUE IN SAID CITY. was passed and adopted. That Wednesday, the 25th day of May, A.D. 1949, at one o'clock P.M. at the Commission Room of the City Hall, Bozeman, Montana, is designated by said Resolution No. 644 as the time and place for hear1ng objections to the action proposed to be taken by said resolution and when and where any and all persons whose property 1s wi thin said proposed Sr~ec1al Imp- rovement District No. 355, On South Fifth Avenue from Koch Street to Story Street, West Story Street from Third Avenue to Sixth Avenue, West Dickerson Street from Third Avenue to Eighth Avenue, and West Alderson Street from Fifth Avenue to Ninth Avenue may appear I and show cause, if any they have, against sald 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 $49,071.75. The total assessable area within the proposed District, exclus- ive of streets, avenues, alleys and public places, is 1,138,532 square feet. Property immediately adjacent to and within 25 feet of the proposed improvement is to be assessed Resolution No. 644 - Page 4 95 at double the assessment against other property in the District. Payment for the improve- ment 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 oent per annum, payable annually, but this shall not be construed to prevent payment in full at any regular payment date by any property owner. I Property owners will be given credit for any of the special improvements provided for in the Baid Special Improvement Dlstrict No. 355 which are now installed and are, in the opinion of the City Engineer of The City of Bozeman, usable. For a description of the boundaries of said Special Improvement District No. 355 reference is hereby made to Resolution No. 644 of the Commission of the City of Bozeman declaring the intention to oreate said District, whlch 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. Notice is further given that said District is divided into five sections with vary- ing rates and methods of assessment within each section, because some of the streets in said proposed Special Improvement Disyrict No. 355 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 sections are also set forth in said Resolution of Intention No. 644 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. 644 I as aforesaid. This notice 1s given pursuant to the provisions of Section 5227, Revieed Codes of Montana, 1935. DA ted this 4th day of May, A.D. 1949. By order of the Commission of the City of Bozeman. af~~ Clerk or the 1ty Comm ssion First published in the Bozeman Daily Chroniele May 5th, 1949. S ta te of Mon tana ) ) 88 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 newspaper of general circulation printed and published in said City, in the issues of May 5, 1949, and May 10, 1949, 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 I lOth day of May, 1949. ~~~ Cler 0 e C1tr ODIDI es on Resolution No. 644 M Page 5