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HomeMy WebLinkAboutResolution 497 Creates SID No. 336 172 COM1HSSION RESOLUTION NO. 497 A RESOLUTION OF' THE COW.TIS::jI ON Oll' 'liES CIT'Y Ol,' BO~2:hlAN, !v!ONT AEA. ,:J2:CLi\HING IT '1'0 BE THE: INTEN'rION OF THE: CITY OP B02~?"~JU~ TO Cl{.:~:ATE A SP8CL\L :;],'FROV~srtENrl' DIS'IiHICT fm BE KNO\'!N AND DESIGIifAfrED AS SFECIAL IMPROVI;:MI~N'l' DIS'I'HICT N1JMBER 336 OIi' 'I'PE 8ITY OF BOZE~tAN FOR THE PURFOSE OF CCNSTRUC'J1IIW CUFms, [\.};J Pi\VEI'iISN'I' m: '\\-~c;S1' ARTI1UR STREET B~~T';mEN THE VJEST LINE: 01<' I"DURTE A V:::::"UE~, SOU 'rE, l\ND 'THEEAS'l' LnJ::':~ OF F IFTII AV~~l~UE:, SOUTH, Ii};:; OK FIFTH AV:~lmE, seUTI:, 3E'l"i,'E:::]~ 'rEE SOU'l'H LINE OF '.VEs'r G"mFIELD STRE::;~T I,I?:) 'THE NORTH LIl:E OF -"I:~S'J' ITAY2S STREST: Al:D A STORM S:.!:''vER ON F'IP'I'E AVENUE, SOU'['TI, 13E'l'~j,-EI~N GJ\:\FIELD AlrD HI\~:':<~S STRL~;:,;r.I'S, INCLUiJn;G A E"JHmill !IT '1'112 PI 1" TH A VENUE AI]) EAyr~s srfR:{';;T INTTi~nSF<~CTION. I Preamble WIl~REAS~ There has been presentsd to the Cit::, Commission a petition of certain~:rop- arty owners resident wi thin the bOlJndnries hereinafter in this Resoluti::m of Intention particub.rl:r described, asking for the creation of a special improven,-ent dis trict for the purpose of constr11cting curbs, pavement and storm sewer on certain streets and avenues as heroinafter speclfied; and the cornnission havinc: heard ar{::;ument for and aeains t the grant- ing of said petition and after hsvlng f1111y and carefully considered tLe same has decided to ,yrant the prayer of said petition and create sald special improvement district, subject to the protest and objection as provided by law; now, therefore, HS IT RESOLVED BY 'l'W'; COM~a:-)SION O:P' 'I'Im CITY OI~ BOZEMl\N: See tion 1. DELCARA'l'IOE OF' INTI~N'I'I ON. I t is her8by dec Inred to be the in ten tion of 1'he City of Bozemnn to create a special improvement district to be knov'm and designated as Speclsll Improve];lent District Eo. 336 of The Cit;r of Bozeman, for the purpose of construct- inn: concrete cl1rbs, and asphal t pa vement havine; a two-inch "1'ono11 thic" wearln;::; slJrface laid on a 4-inch crushed rock baso, on 'dest Arthur Street between t11e west line of Pourth Ave.nue, ;:;>outh, a...nd east LT.re O.f .:<'lftJl Avenue, South, and on Fif.th Avenue, SOl".'th' 'between I the sou th l:i_ne of 1Ncf1t Garfield stroet and the north 15:ne of' "-,'Jest IIayes Strt;6t; also a storr.1 sOVler on Pifth l\venue, ,;)outh, between Garfield and Hayes Street, including the manhole a t the Pifth Avenue and H9yes Stre:;t intersection; all in The Cit:, of .Jozen:an, Gal18 tin County, IITon tana. Section 2. BOUl:D,mIES. The Bound'ries of said proposed Special ImprovcT";ent District No. 336 are as follows: Beglnning at a point in the west line of lo'ifti1 Avenue, South, said point being 150 feet north of tbe north Ltnc of ','lest Arthur Street, thence eost parallel with the nort1: line of ArtJ-mr Street and IbO foetnorth thereof to the west line of Fourt~::. Avenue, South; thence sou th alonr: t.vw west line of i"ourth Avenue, South, to a point 150 feet south of the south l~..ne of 'Nest Arthur Street; thence west parallel with the south line of West Arthur Street and 150 feet south t~'2ereof to the east line ofF'ifth Avenue, South; thence sOlJth aloD[~ tile east line of Fifth J\ver:ue, South_ to the south line of 'vVeot Garfield Streot; tllence esst along the south line of 1[iest Garfield Street 143 feet; thence south parallel with_ the east Line of Pifth Avenue, SOlJt:'1, and 143 feot east thereof to the north line of West Hayes Street; thence west alon!" the north line of 'dest Hayes Street to its Intersection with the east line of the norttl and SOllth alley between Fifth and Sixth Avenues, South, said line be-'Lnr': 143 feet west of the ~ve::~t line of Fifth Avenue, South and parallel therewith; thence {1orth alone the east line of sald alley to the south line ofNes t Gl1rfie Id 3treo t; thence east alon[~ the south line of 1Nest Garfield Street to the west line of B'ifth Avenue, South; thence north alon~ the west L:ne of l"iftll Avenue, Sou th, to the place of beginning. ~ection 3. CHAHAc'r.m.Ol:i' ~Ml)ROVEME}l'TS. The chDrac~er ~f the i,nprovements to be I made In saId proposed Speclal Improve~ent District No. 036 lS: The construction of concrete cnrbs; an asphalt pavement havinG; a 2-inch "I)enoli thic" wearIng slJrfaC0 on a 4 - inch crushe~ ro ck base, on VIes t Arthur Street between theVlest l:ine of Pourtl'1 Avenue, Smlth, and t.he east line of Plfth Avenue, South, and on Fifth Avenue, South, between the south line of West Garfield Street and the north line of West lfuves Street; a storm sewer on Fifth Avenue, :::louth, between Garfield and H~'"yes St;eots, includ:1nc: a manhole at the Fifth Avenue and Hayes Street intersection. Sectlon 4. Estimate OB' COST. The prellminar;y esti.;~ate of the cost of said improve- !"rents, including grading, pavement, curbs, storm sewer and manhold, enzinoering, inspec- -~ 1 t'"'a . , tion and inc ielon tals, is "'7 06\3 10 ~p , "_} \. . i........ Section r:' l'-/':}': TI 10";) C\ l;t ).~~ S S .~:'Z ~J ST:'~ y,.4~}: T . The me tLiocl of assossn:en t of the cos t of saId o. i'Y'provements a~ajnst the prOl)ort' within said propos ell S~)ocial Improvemont.91strlct No. 336, shall he on the area basis, but becaute one of the s tree ts in said proposed district run east and west with tl1,e lots to be assessed rllnn=-n~~ parallel the rewi th and the other I street rUDS north and south wi t:! the lots to be assessed frontln~ tJlere on, b1J t wi th the front portion of some of th.8 10 ts he lcl :r: one ownership and the rear portion in another ownership, ancI also because one of tbe streets reql1:tre s a storm sewer and tlle othe r does not, it is necessary, in order th'Jt the me thod of assessment sha 11 be eqlll table and ,jus t to all concerned, to divide the District into two see tion s with differing ra te s of assess- men t . Such sec tions , and the met\'od of assessment in each, are described as follows: See ti on One: ~\:os t Arthur Street between Fourth and lj'ifth. Avenue s . '1'he preliminary esti~Dte of tho cost of the impro vcments to be made in and assessed asainstthe property in Section 1 is j'3'"'r::C 00 or approximately 48.395~ of the to tal es- i? b'j). '--' , ti.".,a ted cas t of tbe :Ur;provcnen ts to be rrlDde wi ti.ln the en tIre .0 i s tr i e t , Section 1 of which ,'neludes all the- pro pert;' loc8ted within 150 feet of eIther side line of '';/. Arthur Street between the v,'es t line of FourtL Ave. S. , and the west line of Pifth Avo. c; tho assoss- ..;., able area of which, w)_ ti) the 25 feet ly'nr: nearest adjacent to said Vi. Arthur Street con- sidered as corner lots and taken at double t.~e ao tual are a thereof' , is 11'1600 SCluarc fe c t ancl the rate of asse8s.".,ent $0.03279 per square foot. See tion 'J:'vIlo: .8' i l' tb Ave nn 0 , Sou th, between We2t Garf:Lled 3treet fA 'Nest Ha-os Street. I The preliminary estimate of cas t of the i!'nprovements to be ma de in and assessed aga )_ns t the property in Section 2 is ~~4111.92 , or approximatel';>, 51.605;S of tho to ta 1 e s - tlmated cost of the improver; en ts to be made within the entire District, Section 2 of which includes all the propert~;' located wlthin 143 feet of ei thoI' side line of Fif tn iive. S. botween the south 1:1.ne of VI. Garfield Street and tiLe nor tll line ofVJ. Ea yo s Street, the assessable area of vlb1. cL, wIth the 25 feet ly2ng nearest adjacent to said Pifth Ave. s. cons iclered as corner lots Hnd taken at dOLlble the D,C tual area thereof, is lcAJ0800 SQ1J are feet, and the ra te of assessment ,;;,0.04079 per sql13.re foot. Sec tion 6. AHSA. The to tal ac tual area of all land within the proposed Special Improvement District No. 3~"j6 , excl'\Jsi va of streets, avenues, alleys and public pl(~cos , .,. Cj _.L~ IDG,GOO square fect, wIdell. is tho nrea on which all protests will be deicded. See tion 7. P A;[Ii:EI~rI1 . The payment for said improvef.1ents s~la 11 be made ::n twen ty (20) anm18 1 ins tallmen ts over a period of nineteen (19) Y02,rs, wi th 'n teros t on the deferred po. Jlncn ts a t not to exceed six percent ( 6,;) pOI' annum, payable a nnuall y; bu t th-i 3 pro vi- sion shall not be cons trued tn prevent payment in full after final detor:r,jnr( tiOD of the amount of each assessment, at e.ny time the property owner desires to do so, with accrued I Interest, 'i.I' an:', to t!-lO c1'"1 te of p8 :men. t. Sectlon C. pnO~.lEsrI'S -- lTOTICI~. That the re,~ular meeting of Ule Ci t7; 0on:mls8 ion of The City of DozeY.1}}D to be held on l<'irda~T tr-1C 11 th day of July, 1941, at 7:30 O'clock P..r,~. of aaid day, at tte Comnis~' ion Rooy>') in ~-J-;e C i t:r Hall Bll :2. 1 (3.1n,,: of The Cit;. of Bozeman, Is tJ"e tIme and place when and where pro tes ts ar;a in s t tho c rea ti onaf the proposed special improvement district will be heard and considered; and the City riianarer is her0by directed to cause notice of the adoption of this resoln tion of in ten ti on to be givenpnd,served to Resolution IT". 4;D7 , . 174 and upon all persons ownin~, propert;,' wi thin said proposed Special Improvement District No. 3Z,6, as hereinbefore descried; all in the manner and form as prescrib'd in Section 5227 R. C. Montana 1935. Passed and nclopted by the Cit;! GOTr'.i!lission of The Cit;:c of Dozeman at a regular session of said Commission held on the 20th day of June, 1941. ~~. I ~ 7__.._.. At. tes t: .' ~.:avo r jJ ..' J < '_. I /. ,. . . ' . ,/ ".-':- C~ , I{ ~V_<<::.;_,6:,-?;;t:'f'--a11/ Clerk of tree C:at.~ Comm:tss~on IW']'IGE IN Rc; CmniISSIOl'~ nl~SOllf~'IOI: NO. 497 01" 1'[:::2 JIT' 02 BOZEJ,~AIT: l'!O'J'ICE IS i;~nlm~ GIV2~E, '1'ha t on the ~3CJtL dav of June, 1941, the Cit"\," Comrnission of '- < 'The Cit" of Bozeman, Montana, in regl1Vlr session assembled, adopted C01'11rnls:,lon R~solution No. 497, whIch declares the intention of said COD1'11ission to create a special improvement district to be known and designated as Special Improvement District No. 336 of The City of Bozeman, for the purposes ofconstructine; concrete c1Jrbs and asphalt pavement with a "penoli thic" wearIng surface on '\,est Art}lur Street between the west line of 11'ourth Ave- nue, South, and the east line of Fifth Avenue, South, ancl on ;/ifth Avenue, S01Jtl1, between the s01Jth line of 'Nest G,srfield Street and the north line of !dest Hayes Street; also a storm sewer on said Pifth Avenue, S01Jth, bet'."Jeen Garfield and Ha;!es Streets, includ:::.ng a manhole at the Fifth Avenue and I.i:a"es Street interfJection. l'h0 e.s:tir1Bted cost of said ir.lprOVeTJOnt, wLich is to be specially a ssessed ac;alnst the propert" w1.tl::i..n sald District, is ,~7,96G.12. 'rhe total actual area of all property I within tll.c boundaries of said proposed Special Improv8!":"'ccnt District 1'To. 336 is lC6,000 , squore feet, exclus i ve of s treo ts, a venues, alleys 8nd pub lie places. Paymen t for the im::,rovernent is to be made in twenty(20) anmJal installmentf:J over a p(Tlod of' nineteen (19) years, with interest on the deferred payments at not to exceed six p(~rcent (6in pa;rable annually. rrt;is provls10n rrill not , however, prevent pa ym.en t In fu.llLJy any property oymer affected, 1J[)On the complet:'Lon of the improvement and t~ie flnal acloptl,:m of the ordinance lev;<1nr1' the assess!'1cnts, with accI"wd ~ntere8t, if any, to the date of pa ~rmen t . For a particular descriptIon of the bOllndflries of propNJod Special Improvement Distrlc t No. 336, reference ls ho":rob;,' made to the Hesolution of Intention No. 497 on file in the office of tbe Clerk of the Ci ty CommIssion, :)1 ty Hall Building, E3ozeman, Montana, which Resolution of Intention No. 497 is open to inspection durlnE the resular office hours of said Clerk, by all interested persons an~ the public cenerally. Notice is further ~iven that as described :n said Resolution of Intention No. 497, said pro- posed Spec ial Improvemen t Dis tric t No. 336 is di vided into two sec tions, which ~i.re I numbered Section 1 and Section 2, resI)ectively; the reason for 311Gh division is trU1t one of tho streets to be i;:"provecl runs east and wes t wi tb tLo lots to be assessed running parallel therewith, and the other street runs nortlJ and sou th wi th the lots frontinz on the street, but wltL the front portion oi' some of the lots ir: one ownership and the rear portion in another ownership; also, because one of tiN streets requires a storm sewer and the other does not. So to make a ,iust o.nd eqlJl table assessnent of the cost, different metl-:ods of ass'3s~;ment as between t~le two sections of t:,e dl::trlct is Resolution Po. 4S7. '17~ .. a called for, the ra to in ono section being ~O.03279 and in the other $0.04079, per square foot on the area basls, which is the bas is to be used; or, as .1.nformation merely, '1;;5.74 per front foot of Arthur Street frontop-e and ~~G.85 for }:t'ifth Avenue frontaGe. All of which mDre fully appears from the Resolution of Intention to cre8 te said Special Improve- ment District No. 336, on file as afroesald and open to insl)ection. I lJorrIC:'.'~ IS Iiit}R1'l-ISFt }IEI\I~13~r (;I\T~l,;, '1.11viJ. t Frida y, the 11 't."l day of July, 1941, at 7=30 o'clock P.M. of said d8~T, at the Commi8sion Room, in the Ci ty I-lall Buildinr':, BozemAn, ;,Ton tana, is designated as the time \vhen emu t;-"eph,cc vvhere ob,j ec tlonfJ a n::.1oro tea ts aga ins t the creation of said proposed special improvement district will be considered by the City Comm:i.s s1 on. Ob,lections must be In wri tin'" and be fi led wi th the Cl er1.\: of tee n i t~n C OTrJr" ~ co v.... .c \i.L.W- sion during his reSular office hours, not later tr..an 5o'clocl{ ,P.M., and within fifteen ( 15) days after the first pvblic,',tion of this notice of the adoption of said Resolution of In- ten tion No. 497 to create said Special Improvement District No. 3::)6, which final date for filing protest~: will be ,July 0 th, 1941. Protec-' t8, if any filed before tile adoption of said Resolution of Intention No. 497, on June 20 th, 1941, are ineffective and cannot be considered because prematurely made. Such protestIng property owners, if an:T, if they still desire to protest, Imlst renew their protest in writing and within the time and in the manner as provided b:r law and as spec ified in this no tic o. " Do tad tbls r53rd da;T of ,Tune, 1941, l"irst public:~tion <Tune ~24th, 1941. By order' of t.. C ~ s" . f 'I'h ";., t~T f B rilOD tan a . ..8 OY'1f'1.L "lon 0 e l" oozeman, I :U? ! / t 'x-./.. -~-'. f:.:/ .- __,..-., ._..,-'F_,.' >1 J. .,,--. . ~~2:::.-.-._<> _-<~vt.----"J ,,/ ~erk of the City Commission State of Kontana ) ) ss County of Gallatin ) I, L. " Shacloan, CIerI: of the Com.>nission of The City of Dozer-l:?n do hereby certify \,.J . that the foregoing Notice, COID."1ission Resolution No. 4U7, v;as publ~shed a t length in the Bozeman Daily Chronicle, a newspaper of gEneral circulation printed and ;ubllshed in said City in tLe issue of June 20 tL, 1941, and that duo proof is on file in my office. It' "T'rr--'-''''''' ''')'''' 'n-" I 1 . ' d d '-f~ th. . 1 f 1'1". \ tn' , \\,~ 't'nJu iJ,..:.n:.cI..racreunto set my nan ,g,n a ~X -,l.O sea 0, m:' 0 lce ,_..lS 30 th da 7~ of ,Tune, 1041. ~ /J ' v/.. / ~"<,,,:"'~c.~-z:Z--'- the- Ci ty COJ:TI.miss-i-orl"' I Re801ution No. 497. .-.