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HomeMy WebLinkAboutResolution 646 Creates SID No. 356 99' COMMISSION RESOLUTION NO. 646 A RESOLUTION OF THE CITY COMMISSION OF THE CI~~ 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 356 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING CONCRETE CURBS AND BITUMINOUS PAVEMENT ON SOUTH FOURTH AVENUE FROM CLEVELAND STREET TO ARTHUR STREET AND ON ARTHUR STREET FROM SOUTH FOURTH AVENUE TO SOUTH FIFTH AVENUE IN SAID CITY. WHEREAS: There has been filed with the Clerk of the City Commission of the City of I Bozeman, Montana, a petition in due form of certain property owners on South Fourth Avenue from Cleveland Street to Arthur Street and on Arthur Street trom South Fourth Avenue to South Fifth Avenue asking that a special improvement district be created for the purpose of constructing and installing concrete curbs and bituminous pavement on said streets; and WHEREAS: That at a regular meeting of the City Commission of The City of Bozeman held on the 20th day of April, 1949, the aforesaid petition was respectively considered and granted; NOW, THEREFORE, BE IT RESOLVED BY THE 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. 356 of the City of Bozeman for the purpose ot constructing concrete curbs and bitum" inous pavement on South Fourth Avenue from Cleveland Street to Arthur Street and on Arthur Street from South Fourth Avenue to South Fifth Avenue in said City. Section 2. Boundaries. Beginning at a point on the south line of West Cleveland Street 150 feet west of the I west line of South Fourth Avenue; thence south to a point 150 feet north of the north line of Arthur Street; thence west along a line 150 feet north of and parallel to the north line of Arthur Street to the east line of South Fifth Avenue; thence south along the east line of South Fifth Avenue to a point 150 feet south of the south lIne of Arthur Street; thence east along a line 150 feet south of and parallel to the south line of Arthur Street to the west line ot South Fourth Avenue; thence north along the west line of South Fourth Avenue to the north line of Arthur Street; thence east along the north line of Arthur Street to a point 60 feet east of the east line of South Fourth Avenue; thence north along a line 60 feet east of and parallel to the east line of South Fourth Avenue to the south line ot West Cleveland Street; thence west along the south line of West Cleveland Street to the point of beginning. Section 3. Character of Improvements. The character of the improvements to be made within said Special Improvement District No. 358 is: The construction ot concrete curbs and bituminous pavement which shall consist of a 4 inch crushed gravel base, a 3 inch mat of bituminous material (road mix), and a seal and chip surface on South Fourth Avenue from Cleveland Street to Arthur Street and on Arthur street from South Fourth Avenue to South Fifth Avenue in Bozeman, Montana. Section 4. Estimate of Cost. The preliminary estimate of the cost of said improvements including curbs, grading, base, pavement, engineering and incidentals is Eight Thousand One Hundred Forty-Four and Sixty..four/ one hundredths ($8.144.64) Dollars. I Section 5. Method of Assessment. The preliminary estimate of cost set forth above is to be assessed against the prop" erty within said District on an area basis as follows: Because some of the streets in said proposed Special Improvement District No. 356 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 improvement, and in order to provide a just and equitable method or methods of assessment, it is necessary and desireable to dlvide the District into two '2) sections, with differ" ing methods of assessment, for purposes of' constructing the curbs and pavement herein --- 100 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: SECTION 1. SOUTH FOURTH AVENUE FROM CLEVELAND STREET TO ARTHUR STREET. Section 1 includes all that property lying within 150 feet of the west line and 60 feet of the east l1ne of South Fourth Avenue between the South lIne of West Cleveland I Street and the north line of West Arthur Street, the assessable area of which, with the 25 feet next adjacent to the improvement, taken at double its actual area, is 78,000 square feet. The preliminary estimate of the cost of the improvement to be made and ass. essed against the property within Section 1 is Three Thousand Six Hundred Sixty-Seven and l2/100thS ($3,667.12) Dollars, and the estimated rate of assessment is $0.047 per square foot. SECTION 2. WEST ARTHUR STREET FROM SOUTH FOURTH A VENUE TO SOUTH FIFTH A VENUE. Section 2 includes all that property lying within 150 feet of the side lines of West Arthur Street between the west line of South Fourth Avenue and the east line of South Fifth Avenue, the assessable area of whlch, with the 25 feet next adjacent to the improve- ment taken at double its actual area, 13 117,600 square feet. The preliminary estlmate of the cost of the'improvements to be made In and assessed against the property within Section 2 1s Four Thousand Four Hundred Seventy..Seven and 52/l00thS ($4,477.52) Dollars, and the estimated rate of assessment is $0.038 per square foot. Section 6. Assessable Area of District. That the total assessable area of all property within said proposed Special Improve- I ment District No. 356, eEclusive of streets, avenues, alleye and public places, 1s 195,600 square feet, which is the area on which all protests will be decided. Section 7. Pa ymen ts . 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 1s proposed to pay the entire cost and expense of the construction and installation of said improvement with cash to be obtained from the sale of bonds of said Special Improve- ment District No. 356, 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 aa Special Improvement District No. 356 Fund of The City of Bozeman. The bonds will be redeemable at the option of the City, singly or in multiples, and in order of their registration, whenever funds are available in said Special Improvement District No. 356 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 I 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 Resolution No. 646 - Page 2 -- . --. . --- 101/ in oi ties 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 a t the Commission Chamber, City Hall Building, Bozeman, Montana, on Wednesday, the 8th day of June, 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 regul- arly made and filed against the creation of said proposed Special Improvement District No. 356, 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. Adopted by the Commission of The City of Bozeman, Montana, at a regular and stated session of said Commission held on the 18th day of May, A.D. 1949. A tteet: (D~ t~~1 ~~~ Me yor Gler 0 . e C ty ommission NOTICE IN RE COMMISSION RESOLUTION NO. 646 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. 356". I Notice is hereby given that on the 18th day of May, A.D. 1949, at a regular meeting of the Commission of The City of Bozeman, Commission Resolu tion No. 646 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 NO. 356 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING CONCRETE CURBS AND BITUMINOUS PAVEMENT ON SOUTH FOURTH AVENUE FROM CLEVELAND STREET TO ARTHUR STREET AND ON ARTHUR STREET FROM SOUTH FOURTH AVENUE TO SOUTH FIFTH AVENUE IN SAID CITY. was passed and adopted. Tha t Wednesday, the 8th day of June, 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. 646 as the time and place for hearing objections to the action proposed to be taken by said resolu- tion, and when and where any and all persons whose property is within _aid proposed Special Improvement District No. 356, on South Fourth Avenue from Cleveland Street to Arthur Street and on Arthur Street from South Fourth Avenue to South Fifth 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 Commission not later than fifteen (15) days after the date of the first publication of this notice. I An approxima te and preliminary es time te of the cas t of doing such work and making such improvement, which is to be specially assessed against the property within said District, Is $8,144.64. The total assessable area of all property within the proposed District, exclusive of streets, avenues, alleys, and public places, Is 195,600 square feet. Property immediatley adjacent to and within 25 feet of the proposed improvement is to be assessed at double the assessment against the other property in the District. Payment for the improvements 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 Resolution No. 646 - Page :5 102 (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 Improvemen t Dis trict No. 356 reference is hereby made to Resolution No. 646 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 inspeotion to all interested parties and the publio generally. Notioe is further given that said Distriot is divided into two sections with vary- ing rates and methods of assessment within eaoh section because some of the streets in said proposed Special Improvement District No. 356 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. 646 together with that part of the total cost of said improvements to be assessed against each section, and this information, too, can be obtained by inspection of said Resolution of Intention No. 646 as aforrssid. This notice is given pursuant to the provisions of Section 5227, Revised Codes of Montana, 1935. Dated this 18th day of May, A.D. 1949. By order of the Commission of the City of Bozeman. cl~4~ 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 daily newspaper of general circulation printed and published in said City, in the issues of May 19, 1949 thru May 24, 1949, both dates inclusive, and that due proof is on file in my office. IN WITNESS WHEREOF I hereunto set my r~nd and affix the seal of my office this 24th day of May, 1949. Cld!,f~ I Resolution No. 646 - Page 4