HomeMy WebLinkAboutRes 940: Creating SID No. 178
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COUNCIL RESOLUTION NO. 940
A COUNCIL RESOLUTION
CREATING SPECIAL IMPROVEMENT DISTRICT NO. 178. O~-' THE CITY
OF BOZEMAN. STATE OJi-' MON:2ANA I FOR ~HE PURPOSE 01!' GRADIlIG
AND FA VING WITH LIGHT STANDARD BITULITHICPt. VJ:..1vn:;l~T ON A
C3USIlliD ROCK BASE THAT PORTION OJ!-' OLIVE STREET BETWEEN THE
EAST r~INE 0]' BOZEMAN AVEIWE AND ~'HE EAST IJINE OF LINDLEY
PLACE AND TEA':' PORTION OF IJIND1EY PLACE BETWEEN THE SOUTH
LINE OBOLIVE STREET AND '1~HE CENTER IJINE O.1!-' KOCH STREET.
AIm THE CONSTRUCTION O:B' SUCH STORM SEWER AS M.AY BE HECESS-
ARY ']:0 CONVEY THE STORM WATERS PROM THE INTERSECTION 0]' SAID
OLIVE STHEET AND LINDLEY PLACE EAST TO BOZEMAN CR!~EK, II~
THE CITY OF BO;;mvIAH, STATE 0]' MONTANA, ORDERInG SUCH ViORK
TO BE DOHE THBRBIH AIm PROVIDING pon ~m .ASSES31:lENT OE' ~Illi
ENTIRE COST AND EXPElJSE OF llIAKING SA ID U1PROV:Gl.iliHTS AGldHST
THE PROPERTY \"f ITHIN 81. ID DISTHICT, ULmER .AND BY VIRTUE OJP
!J.'HE PROVISIONS OF CHAPTER 89, LAWS OJ!' HONT.AIlA, 13TH SBSSIOlI,
1913, AS AMENDED BY CHAPTER 142, LAWS O:B-' MONTANA, 14TH SESS-
ION, 1915
WHEREAS, at an ad,journed rep:ular session of the City
Council of the City of Bozeman, State of Montana, held on the
20th day of May, 1919, the said City Council duly passed Council
Resolution No. 930, declaring it to be the intention of the
said City Council to create a ~)pecial improvement district to
be known and designated as ttSpecial Improvement District l~o.
178u of said Oity, for the purpose of grading and paving with
light Standard Bitulithic Pavement on a crushed rock bose, that
portion of Olive street between the east line of Bozeman Avenue
and the east line of Lindley Place and tLSt portion of Lindley
Place between the south line of Olive Street Bnd the center line
of Koch street, and the co nstructi on of 611.c11 at arm sewer as may
be necessary to convey the storm waters from the intersection of
said Olive street and Lindley Place east to Bozeman Croek, in
the City of Bozeman, State of Montana, and to specially aBsess
the entire cost and expense of making said inwrawements against
said District, under and by virtue of the provisions of Chapter
89, Laws of Montans, 13th Session, 1913, as emended by Chapter
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Resolution No.
930 is hereby referred to and made a part hereof,
for ~lrther particulars in respect to the boundaries of said
District, the estimvted uost of said improvements, and the
method of assessing the same ag~inst the property within seid
" ~.
District; and
WHEREAS,
notice of the passage of said Council Res-
olution No.
930 was duly published in one issue of the Bozeman
Courier, a weekly newspbper printed and published in the City
of Bozeman, to-wit:
in the issue of l1ay 21st, 1919, and by
mailing a copy of such notice, to each person, firm or 001'-
poration, or the agent of such person, firm or corporution,
having property within said District, at his last known udd-
ress upon the 60me day suoh notice was published, and due
proof having been made of the publication of said notice; and
WHEREAS,
within the time provided by law and such
not ice,
certain protests were delivered to the City Clerk
against the proposed work and creation of said District or
extent thereof, and the said City Council was in ref!'ular
session,
r"
on .l.hursday, the 5th day of June, 1919, at seven-
thirty o'clock, P. H. at the Cotlncil Chamber of said City,
the same being the time and plaoe designated for the hearing
of protests against the propose~ work, and the creation of
said district or ,the extent thereof and the said City Council
having adjourned the said regular session and consideration
of said Resolution and protests until Monday, the 9th day of
June, 1919, at seven-thirty o'clock, P. M. at the Council
Chamber, said City. at whi"ch time and ~olace said protests
were duly considered and it having been ascertained and dec-
laredby the said City C01mcil at the said time and place
that the total area of the !1roposed District is e:pproxirnate1y
107,566.9 square feet; that said protest represents 2,000
square feet, and that said protest represents only approxi-
mately 1.8 per'Lcent of,the entire ares of said district; and
therefore less than one-half of the area of the property to be
ssseBsed for the said improv-ements; and the said City Council
having thereupon found that said protest was insufficient and
having overruled the same, and ordered the creation of said
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of said District had been fully complied with;
HOW c:.'HEHEFORE, BE IT RESOLVED BY =:'HE CITY COUNCIL 01" ':HE
CITY
01' BOZEIvL-'\H, STA T.E OJ!' MONTAlJi>:
Section
1- That" said Special Improvement District
Ho. 178 of the City of Bozeman. State of Montana, be, and the
same 1s hnreby , created for the purpose of making the im-
provements therein as hereinafter described;
Section
2- That Buch special improvel:lOnts be and
the same are hereby, ordered to be mede in said Special Im-
provement District No. 178 as follows:
Grading
and paving with light Standard Bitulithic
pavement on a crushed rock base, all that portion of Olive
Street between the east line of Bozeman Avenue and the east
line
of Lindley Place, and that portion of Lindley Place
between the south line of Olive Street and the center line
of Koch Street and the construction of such storm sewer as
may be necessary to convey the storm water from the intersect-
ion of said Olive street
and Lindley Place east to Bozeman
Creek.
That
the pavement will be one of the following
types. to-wit:
Standard bitulithic on a crushed rock base;
Standard Bitulithic on a concrete base, or Asphalt Macadam
of a standard grade of asnhalt; that bids will be received
on all of the foregoing types of pavement and a selection
will be made therefrom;
That
the petition for the creation of said Dis-
trict specifies light Standard Bitulithic on a crushed rock
base;
Section
3- That the entire cost and expense of
maki.ng the special improvements herein set forth in said
Special Improvement District No.
178, shall be paid by
Special Improvement District Coupon Bonds, of the denomin-
ation of One Hundred Dollars
(or fraction thereof, where
,
necessary), to be drawn against a fund to be known and desig-
nated as "Special Improvement District Ho.
178 Fund", and
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Improvement District No.
178 for the redemption thereof,
and shall draw simple interest at the rate
of six per cent
per annum. and such interest from the date of the reris-
trotion of the bonds until the payment of the first install-
ment will be collected by the City ~reaBurer at the time of
collecting such first installment;
that the entire cost
end expense of the said improvements within said District
shall be defrayed by a special assessment a~ainst the
entire district. eBch lot or parcel of land within said dis-
trict, to be assessed for that portion of the whole cost
which its area bears to the area of the entire district. ex-
clusive of streets, avenues, alleys and public places. and
that tte amount assessed against each lot or parcel of land,
shall be paid in equal annual installments extending over a
period of twenty (20)
years;
Section
4- That the City Engineer be, end he
is
hereby directed to prepare plans and specifications for the
doing of said work and the making of said improvements;
Section
5~ That the City Clerk be, and he is here-
by directed to publish a notice inviting proDosBls for the
furnishing of material, the doing: of the work, Bnd the making
of the improvements in sald Special Improvement Distict No.
178. and referring to the specifications on file. by publish-
ing the same in two issues of the Bozeman Daily Chronicle.
the ti~e fixed for opening of bids to be not less than ten
(10)
days from the ti;:le of the first pUblication of said
notice. which shall be on the 23rd day of Jun~. 1919.
Passed
and adopted by the City Council of the City
of Bozeman, at an adjourned regular session thereof. held
on this 9th day of June, 1919.
Approved
by the Mayor this 9th day of June, 1919.
. ..
M. J. O'Connell
,,<
Acting Mayor
(SEAL)
Attest:
C. A. Spieth
City Clerk