HomeMy WebLinkAboutResolution 497 Creates SID No. 336
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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.
.-.