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HomeMy WebLinkAboutResolution 466 Creates SID No. 333 ~}1. cmnnSSIOlJ RESOLUTIOh NO. 466 A RESOLU'l'IOll OF' 'l'IIE CI'l'Y COM},7ISSION OP THE CITY OF' BOZEl,rAn, fI::Ol~TANA , D:2:CL:'\IUNG IT TO BE TE~ INTl~NTIOF 01" 'l'llE CITY OF BOZEI::i\N '1'0 cnEA'l')!; A '<'i4q ..cLA"'>" SPECIAL n!PRov:n,'!:~rT ::) ISTRIC 'I' '1'0 BE KlW"iil'1 AS SI ECIAL IIv;.PHOVEI;J:;N'r 1)1 s- ~g:>> TInCT }TUBBER 333 OF THE CITY OF DOZEEAH POR TH:'; P1JRPOSE O~F' CONs'rRUC- /71 /'l2 Tn~G CURBS, s'.romr SE'.ar,~ns AND PAVEr,E1'JT ON Tr?ACY AVr~'NUE Br';TjjEEN COLL.tWE r/- .-3"".-" AND Iu"cRRISOE STRi-';:=;'I'S, SEVENTE A Vl~l;m~ B.E'I\VE'~'~r C OLI,T;;CE AlE) lIAHRISON ST::EETS, GRAND AVEliUE Bi";T'jK~;l\ ARThlJH AND G[iRFIELD S'I'nl~ETS, SIX '.L'E A VENUE I BT':T,,-Ef:N CAnFIELD AN:) LUICOLl-.J STREE'rs, PIP'I'H A VL~NUE BErr,VEEr) COLLEGE AND 8ARFIELD STRE~TS, lIi\ERISOl:; STR:-:r-</l' 13ET\/EEN TRACY AIm E1 Gl-i'l'i:" A VENUES, OARPI,';LJ S'l'E!;>~;T I3I';'I'VIEEN WILLSCK AN::) SIXTH Ai.:I":EUSS /\:!'W t,RTlIUR S'1'REE'l' BET.;K:~N J?IF'TH AND SIXTH A VENUES. WHEREAS: There has been presented to the Commission of The City of Dozem:ul, a pe ti tion of many property' OWDOrf'" res lden t wi thin the Special Improvement Dis tri c t pro- posed to be created and as hereinafter described, askine; for the creation of said district for the purpos e of ins tallin:::" curbs, storm sew~;rs and pa vernon t on certain s treats and aVenues as described in the title hereof, and said petition and oral arguments for and against the ~rar\tinc of the same have been fully and carefully considered by saia City and after such consideration it has been dec::'ded. by said City Commission Commission/to create said Special Improvement District as so petitioned for and as here- inafter described. NOW '1'~18R ~1:<'OR:~, !3E I'l' R~SOLVED B,r 'I'EE CI'n cmm'.ns,'; ION OF 'J:lIE CITY OF Bozml':Al;: See tion 1 Declaration of Intention rl'ha tIt is hereby dec lared to be the intention of 'J.'he Ci ty of bozeman to create a Special IMprovement District to be known and desiGTIated as Special Improvement District Ilia. 333 of The C1 t;r of Bozcman for the purpose of cons truc ting curbs, storm sewers and I pavement on '1'rac::r l\venue between Col1cr~e and IIarrison Streets, Seventh Avenue between Col1ec;e and Harrison Streets, Grand Avcnue between Arthur and Garfield Streets, Sixth Avcnl1e between Garfield and Lincoln Streets, Fifth Avenue between Coll07e and Garfield S tr e e t s , Harrison Stree t between 'l'racy and Eighth Avenues, Garfield Street between V>lillson and Sixth Avenues and Arthur Street between Fifth and Sixth Avenues. Section 2 Boundaries The 30lmdarie[~ 0 f said proposed Special Improvement ....Jlstrict loio. 333 are described as follows: Beginninr: at a point in the south line of College Street, said point being 150 feet east of the east line of Tracy Ave, S . THENCE south parallel with . , and 150 feet east of said east line of Tracy Ave. S. to the north line of Har- rison StrefJt; THEITC1~ wes t alonE': sald north line of Harrison Street to the east line of said Tracy Ave. s. ; 'l'HEIJCE sou th 30 fee t; wes t 30 fee t; sou th 30 feet and west 30 feet to the intersec tion of the south LLne of Harrison Street \yith the west line of Tracy Ave. S; TlffiNCE south along said west line of 'I'racy Ai/e. S. 150 feet; THENCE west parallel with said south line of Harrison Strefe t and 150 fee t sou tli of same to the eas t line of ~~illson Ave. S . TlJENCE . , north along saId ens t line of 'iJillson Ave. (, to trle sou th line of IIarrison ~. Street; TIn~ECE west alone the south line of said Harrlson Street to the west line of Grand Ave. S.; TIIENC:r.; south along said west line of Grand Ave. s. 150 feet; 'I'HENCE wes t paralle 1 wi th and 150 fee t wou th of' said sou th line of V':. Harrison Street to a po:!.nt 143 feet east of the 99 I~ tLe west line of said Willson Ave. S.; TESXCE soutl: alone'- said west line of Willson Ave. S, to a point 150 feet sou th of said south line of Garfield Street; 'I'Imn CE west parallel wi th and 150 feet 'W'outL of said sou.th line of w. Garfield Street to a poin t in the wes t line 0 f the alley between Fif th andSixth Avenues S.; said point heing 143 feet east of the east line of sa.1.d Sixth Avenue S.; TlJENCE south along the said west line of the alley between Fifth Flnel Sixtt Avenues S. to the north line of Lincoln Street; THgNCE west alon~ said north line of W. Lincoln Street to a point 143 feet west of the west line of sald Sixth Ave. S.; Tlrr:UCg nortL parallel wi th and 143 fee t wes t of said west line of Sixth Ave. s. to a point 28 feet south of the south line of 1;1. Garfield S tree t (Vacated); Tl-rE~~CE east parallel with and 2i~. feet south I of said south line of W. Garfield Street (Vacated) to the east line of said Six tbAve. s.; 'rrrrmCE north along said east line of Sixttl Ave. S. to a point 150 feet north of tIle north line of IN . Arthur Street; THENC'ft- eas t para 1181 wi th and 150 fee t north of said north line of W. ArUmI' Street to a point 143 feet west of the west llne o:r Fif tJ::, Ave. S. ; 'J:l:HENCE north parallel wi th and 143 feet west of said west line of Fifth Ave. ,", to a point in the ..,). nortb line of the east and west alley bet\veen Cleveland and IIarrj son Streets; THENCE west along said nortr} line of the alley between Cleveland and Har- rison Streets to the east line of Sixth Ave. s. ; rrlmNCE nortb along said east line of Sixth Ave. S. to the south line of W. Harrison Street; T~illlJ CE'iiEST alan!! said sou th lin e of VI. Earrison Stree t to the wes t line o.f Seventh Ave. S. ; THENCE south along said west line of Seventh Ave. s. to a point 150 feet south of the south line of Vi. Harrison Street; 'l'HENCE wes t paralle 1 wi tb and 150 fee t sou th of said sou th 1 ine of '(i. Harrison Street to tbe east line of Eighth Ave. S.; TllliNCE north along said east lino of Eig...~ th Ave. s. , as oriGinally platted, to a point 150 feet north of tho north line of said W. Harrison Street; 'rE1-~IJC::i: east parallel with said north line orN. Harrison Stree t and 150 feet no rth of same to the east line of the allye between Seven th and Eighth Aves. CI . T~iliNCE nort:: along said east l].ne of the alley .;> . , between Seventh and Ei~hth Avenues s. to the soutt.L line of W. College Streetj '-' TL3NCE eas t alonr: sa~Ld south 1 jne of W. ColI er-e Stree t to the wes t line of the alley between Si:x:th and Seventh Avenues S.; Tk~}TCg south along said west line of the alley between Sixth and Seventh Avenues S. to the north line of V~. Harrison Street; TIIENCE eas t along said north line of i.. Harrison Street to its :intersection wi th the east line of Sixth Ave. S.; 'l'llCNCE north along said east line of Sixth Ave S. to a point 150 feet north of the north line of said '1' IIarrlson St.; TF::Q';CE east parallel wi th and 150 feet north of said north ,I . line ofW. Harrison Street to the east line of the alley between FiftL and SL"':: th l\venues S; TIJENCE north along said east line of thealley betweenl::"ifth and Six th Avenues S. to the SOU th line 01"\1. Colle 'e S tree tj THENCE east alon8 said south line of W. Col1Ege Street to a point 143 feet east of the east line of said Fir th Avenue S.; THE1:CE south parallc 1 v"i th said eas t line of I Fifth Ave. 1:;). and 143 feet east of same to 11 point 150 feet nort!.1 of tb.e north lIne of said VI. harr:'Lson Street; THENCE eHst parallel wi ttl sold north line of VI. - __n_..._..___ Ba See tion 4 . Es tima te of Cos t The preliw.inary es tir~a te of tllO cas t of said improvemen t including curbs, grading, pa vemen t, storm sewers, enG~.neer .Lng and :1nc identals is Eighty-seven Thousand Dollars (~~87 ,000.00) . Section 5 I Method of Assessment The met:'rJOd of assessment of the cost of said improvemcnt aE=ainst the property within said district shall be as follows: Because some of the streets in said proposed Special Improvement District No. 333 run E8.s t and Wes t and s orne North and South and in some of the streets to be improvod the lots run parallel with the street and in others the lots front on the street and the i;y>provemen t, thH t iY1 0 reler to provide a just and equitable method or' methods of assess- nen t, it is necessary and desirable to di'lTide the district into eight see tions, with ,~ifferin:'" me ttods of assessment, which sections together with the part of the en tire cost to be assessed against each section, and the me thod ai' assasmnen t, a.re described as follows: SECTION (1) , TH.ACY AVENU.:c; DETVmEII COLLEGE AN~) HAnnISON STREETS. '1'he prelimInary es tlT:1ate of cas t 0 f the improvements to be made in and assessed acalnst the property in Section (1) is $4260.00 or approximately 4.896% of the total esti"cted cost of tho i!'l1proveT:1ents to be !:'lade in the entire dls trict, which will be assessed against the actual araa of the propert~ within said Section, the same being I all property located within 150 feet of either side line of' 'I'raey Ave. S. bebi\ieen the south line of ~. CollcfJ'e Street, anc:" the Dartt line of E. Earri son S treE1; '1'he Be tual area of sa iel proper t;" be:.n['; 99000 square fee t and the estimated rate of assessment $0.04303 per square Foot. s~~crn011 (2 ) -- Sl~V}~l;Tl1 t. VJ~~11J"j.'_~ s. BI~TWE~m COLL~GE AN,:) HlJ\.RrSON S'l'HEE'l'S 'l'he prelisinary estimate of co::,t of the improvements to be made . X d. t In assesse aCalDs the property within section (2) is $3800.00 or approximately 4.368% of the to tal es tirna- ted cost of the improvements t, be made wi thin the en tire dis triet. See tion (2 ) in- cludes all the property Incated within 128 feet of either side line of said Seventh Ave. S. between the sou th line of 'Wes t College Stree t and the north line 0 f W. Harrison Street, the actual area of which Is 84480 square teet and the cstimated rate of asoeBS- ment ;~;0.044D8 per square foot. SECTION (3 ) -- GRAlL) ^ V;;:' . SOUTH Br~Tij-!"!::~~~~ ARTHUn AND GAHFIELD STREL';'l'S fJ:'he prelIminary estima te of the cos t of the Imj:)rovemen ts to be made in r-mQ assessed agains t the propel'ty wi thin Sec tion (3 ) is~4500.00 or 5.173% of t.f.:1e to tal e s ti.rna teu I cas t of the irr:pro vernen ts to be P18.de wi thin the en tire dis trl c to S'JO tion (3 ) includes all the property locH ted wi thin 135 feet of either side line of said Grand A venue S. between the north l'.ne of "ii. Arthur 3treet an" the nore, line 0 f 'ii. GarfielC1 Street, the ac tual area of vt:. lch, exclusive of streets, avenue~ , alloys or 1molic places, 1s 81000 square feet and. the extlmatecl rate of assessment ;~0.055556 per square foot. Sl~.~CTIO}J (4) - - SIXTH: A vr~p:}I~ soun~ I3::T,TE:2r G Al1FIELD S'I'I=?E'.::T A J'rJ LINCOLl: S'rmLT ~)4 of the total estimated co~t of the improvements to be maJe within the entire district. Section (4 ) includes all the proport;' locqted with:n 143 foot of either side lIne of Sixth Ave. S. between a line par:clllcl ",lit!} and 28 feet Sout~l of the south 11ne of Vi. Garfield Street and the north line of'i,. Lincoln Street, the actua.l area of whicll, ex- clusive of' streets, avenues, alleys and public p1a C0S, is 299283.27 squ are fee t and the rate of assessment $0.04344 per square foot. I S1~CTION (5) -- FIIi'TH AV~~~KeE S. Bii;T",,-mL:i:F COLU';Cm AND G/'>.p..r/I;~LO S'l'HEl':rrS The preliminary estima te of the COf t of the lYnprovcments to be ma.de In and assessed again.st the propert;T withln Section 5,01' saId ;:Jistrict hOe 333, Is v17l00.00 or 19.655% of the to tal es tlma ted cas t of the improvernents to be made wi thin the entire J.istrict. S, cUon 5 :i.ncludes all the property loca ted wi thin 143 fee t 0 l' eIther side line of Pifth Avenue S. between t::le sou. th line of ',:. Colleze Street and the north line of ..cst Garfield Street., the area of' which, with the 25 feet nearest adjacent t;J said Plfth AVBnue South talcen at double its actual area, and exe lusi ve of s tree ts, avenues, alleys, and public places, Is 404124 square fee t and tb.e ra tc of assessment $0.04232 per square 1'00 t. SECTION (6) -- HAHEIS01; STY'{\;:.;'r BErrVrET,:w THACY AND EL:H'l'E I\Tvl::~:UES S:JTFl1IT, !~~(Gr~PT PF\EVIOUSL Y FA 'lED PORTIOnS. The preliminary estimate of the co:" t or t.he improvemen ts tn be made in and assess- ed agains t the property within Section 6, of said District 333, i s ~22340 .00, or 25. 67li/j of the total est.i.rnated cost of the improvements to be macle wi thin the entlre ells trict, Section 6 includes all the property locnted wi Ulln 150 feet of' either side line of I I~rrison Street between the wes t line of' Tracy Avenue S. anJ the east line of Eighth Avenue S., as originally platted, excepting the property 1 ying be t',veen Viillson and Grand Avenues S. and between Six th and Seventll A venues S., where pavemen t has previously been cons truc ted, the area of which, with the 25 feet nearest adjacent to said Harrison Street taken a t double :L ts ac tual area, and exclusive of streets, a venues, alle ys and public places, is 56(3400 square feet and the ra te of assessmen t ,~O .()393J35 p,er srruare foot. SEG'EION (7) \,'.qc'T CAHPIFL') ("J1Rr,'i"T IF'T'CFTi'F "'II' "ON il.YD ('1/'11-1 lVSJlJlTT"S cWTTH , W.L:J...) r , ...j.,J" 0 .a.. .-...J".._ ,~I"~ ",,J.I...:J \ yjl ..11.....1...) ;- ,""" ..::> .j., ...,1, 1 .f .~...J u..... L . rl'he pre11minary es tima te of the co st of the improvemen ts to be made w~" thIn 8nd assessed agalnst the property within Section 7, of said District 333, is ,!pl0290 .00, or 21.023;& of tl:e total estimated cost of the improvements to be made wi Ldn the en- tire district. Section 7 includes all the property .L:)cDted wi thin 150 feet of e1 ther side line of West Garfield Street between the west line of Willson Ave. (/ and the ea,":t 0. line of Sixth Ave. c' the area of which, wi tL the 25 feet lyinG neares tact jacent to u. , said 'N. Garfield 8tr'eet tal-:en 8t double its actual area, and exclusive of streets, avenues, alleys and public places, is 467950 square feot and the rate of assessrlent I '" ~O.0390835 per square foot. S~C 1'1017 (8) -- WEST AH;i'EU~.[ S;i'l\l~~'r I3I~T';;Ei';F FTt:<'Tl! i~l!l) S1.:. 'l'E A'IE1:HJES SOU'rII. The preliminary estl-:-nate of the cost of the iTprovemen ts to be made wi tiLi.n and assessed against the property within Section 8 of said District 333, Is :~37lv.OO, or 4 .264i~ of tho to tal es time ted cos t of the improvements to be made within the entire dis trict. Section 8 includes all tho property loc ted wIthin 150 feet of' eltiler side L1ne of ','[es t Arthur Strce t be tween the west line of Fifth Ave. ;:)ou th and the cas t line Hesolu.tion No. 466 . --- ...----.- - .-- .--...-....---.--". !)fj of Sixth Avenue S., the area of which, with the 25 feet lying nearest adjacent to said Artlmr Street considered as corner lots and taken at double its actual area, exclusive of streets, avenues, alleys and public places is 99050 square geet and the ra te of assessment (i~O.037456 per square foot. Section 6 I Actual Area of District rrhe total actual area of all propert:T wi thin said projJosecl Special Impr ovemcn t ~istrict No. 333 exclusive of streets, avenues, alleys and public places is 1,601,291.27 square feet, which is the area on which all protests will be decided. Section 7 Pa yment Tha t pa~lmen t for said improvemen ts shall be made in twenty (20) annual installments .' extending over a period of nineteen (19 ) years with interest on the deferred pa'YTIlonts at not to exceed six per cent (6;0 per annum; but this shall not be construed to prevent pay-men t in full a t an~r the by any propert:l owner who desires to do so. Section 8 rl'ha t trle regul,' r mee tine: of the 01 ty Commis sian of The Oi ty of Boz eman to be held on Friday the 17th day of ray, 1940 at 7:30 o'clock P.M. e t the Commis s lon Hoom in the Ci ty Hall Building of 'I'he City 0 f Bozeman is the time and place when and where pro tea ts aga.inst the creation of said district will be heard and considered; and the C1 ty Ji:anager 1s hereby directed to cause notice of this resolution of intention to be served upon all persons whose property ~s wit111n proposed Spec:tal Improvement District No. 333, and. as I hereinbefore described, all in the manner and form as prescribed by Section 5227 R.C. Montana, 19~55 . IJassod and adopted by the C1 ty Commission of The Ci ty of Bozeman at a rOF,;u-lar ses- sion of said COlTI,,'TIisslon held on the 26th day of April, 1940. ~/~ NOf).'ICE IN RE cm.n.aS3 ION R8S0LUT'ION NO. 466 01<' 'l'IiE C Irl'Y OF' DOZE},'lAN No tice is hereby f~i ven tha t on the 26th day of April, 1940 at a regular session, the CormnisGion of The Cat~i of 30zeman, Montana, passed and adopted Con1."n1ss:ion Hesolu- tion ITa. 466 which declares the in ten ti on of' the Commis sion to crea te a Special Improve- ment District No. 333 for the purpose of com truc t:i.ne: curbs, storm sewers, and pa vemen t on Tracy Avenue t5etween College and Harrison Street/?, Seventh Avenue between Colle ue I and Harrison Streets, Grand Avenue between Arthur and Garfield Streets, Six th A venue between Garfield and Lincoln Streets, .F'ifth Avenue between College and Garfield Streets, Harrison Street betvieen 'l'racy and 21[)'11 th Avenues, Garfield Street between Willson and Sixtb Avenues and Arthur Street between Pifth and Six th Avenu,es. The estimated cost of said improvement, which is to be specially assessed a~ain3t the property within said district, is Ei:rht:r-seven Thousand Dollars (~t87 , 000.00) . The total actual area of all property within said porposed Special Improvement District No. Resolution No. 466 -------- ----- .---- ....---..--- ._n .._._._n_._._u_.. Hf) 333, exclusive of streets, avenues, alleys and ~lblic places, is 1,601,291.27 square feet. pa:.rment for tile improvement is to be made in twen t y (20) annual installmen ts over a period of nineteen (19) years wi th in te res t on tho deferred paymen ts at no t to exceed six per cent \ 6;b) per annum, payable annuully. 'l'hi8 provision, however, will not prevent the paynwn t in full b~r any property owner affected upon the completion of the i1iprovement and the final adoption of the resolution levylnc; the as 8es snIen ts . I Por a particular description of the boundaries of proposed i;)peclal Improvemen t Dis trlct 1<0. 333 reference Is hereby made to sal~ Resolution of Intontion No. 466 on file in the office of the Clerk of triO ...; i tv I.i orrmds s Ion in the G i tv IIa 11 in The C i tv ...' ,... ~ of Boz oman and whl ch Res olution ~f Intention No. 466 is open to the inspection, d Iring reGular office hours, of all interested p')rtics and the public generally. NotIce is fl:rther gl ven that said district is divided into eight sections with varying rates and r.:ethods of assessment within each section, because some of the streets in said proposed Special Improvement ~i8trict No. 333 run East Hnd Hest and some North and Sou th, and in some of the s tree ts to be impro ved the 10 ts nm parallel wi th the s tree t 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. 466 together wi tl1 that part of the total cost of sHid improvement to be assessed ae;a~nst each section, and this jnf'oI'!TlD. tion, too, can be obtaIned by inspection of said Resolution of Intention No. 466 as aforesaid. No tiee Is further hereh;' E~iven thr; t Friday, the 17th day of ~ay, 1940 , at 7:30 01 cloc k P. T,;. of' said day at the COnl"Ylission TIoom in tho eitv Hall Buj.ldint"", dozeman, I ~ ~~ Man tana , Is desirrnated as the time and place for he<:rinl" objections an,':;' protests to <"..,,,) the action proposed to be taken by said Resolution of IntentIon No. 466 to create said Special Improvement District No. 333 and to make the impro ve men ts therein pro- pos ed . Obiections must be in writinn: and be filed with the Clerk of the Citv Corr:- I~ \..._.' t,! mlsslon withIn fifteen (15) days after tho date of the first publication of this notice of the adoption of said Resolution of Intention No. 466 to create said Special Improver:ent 0istrict No. 333, which final date for filinp; protests will be the 16th day of May, 1'040. In anticipation of the expression of intention of the Ci ty Commission to croate sald Speclal Improvement -vistrict No. ;333 certain propert;' owners witilln said district as proposed, have already filed protests. Such protestants are hereby notified that their protests, so f'l..led, aro prams bJre beCallSe filed before the adoptinn of any reso- lution of intention to create said Special Improvement District No. 333 and cannot be considered. Such prates ting propert:, owners, if they ctill desire to protest, must renew their objections in w!':!. tin.,,,: and wi th.Ln the time and in tl1c WEnner specl fied I in this notice. Dated this 26th day of April, 1940. 13;1 order of the Commis s Ion of The City of Bozeman. L1~~~- Clerk of the Commis.slon Resolution No. 466 -. --.-..- - ---- ... !l7 P~~blished in Bozerr..an Dally Chronicle May Is t, 1940. Sta te of Man tana ) ) 38 County of Gallatin ) I, L. v. Shadoan, 01 erk of the Commis sian of The Oi t:.r of' Bozeman, do horeby certify tlmt the foree;olng Notice CommiSt3ion Hesolution No. 466 was published at length in I the Bozeman Daily Chronicle a newspaper of general circul!:.ttion print cd and p'Jbllshed in said City in the issue of May 1st, 1940 aJcd tha t due proof is on file In m:r office. D:- '/JIrrNESS Vv'r:EREOF I rmH:UNTO SET my hand and affix the seal of my office this 7 th day of Iv!ay, 1940. ~~;J . ulc ,{ of the uOm1TIl., "ion I I Resolution No. 466 -.