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HomeMy WebLinkAboutResolution 1119 Creates SID No. 440 ..-- -.-.....-..--."'..- 2t71. COMMISSION RESOLUTION NO. 1119 - A RESOLUTION OF THE CITY COMVISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COM~'~ISSION TO CREATE A SPECIAL IMPROVE~mNT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 440 TO THE CITY OF BOZE~ffiN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING A WATER MAIN ON ELEVENTH AVENUE NORTH BETWEEN MENDENHALL STREET AND I DURSTON ROAD, INCLUDING NECESSARY VALVES AND FIRE HYDRANTS AND OTHER NECESSARY APPURTEEANCES AND WORK INCIDENTAL THERETO. WHEREAS, there has been fi~ed with the Clerk of the City Commission of the City of Bozeman, Montana, a petition in due form of certain owners of properties situated on Eleventh Avenue North between Mendenhall Street and Durston Road, asking that a special improvement district be created for the purpose of constr- ucting and installing a water main to serve the property fronting on Eleventh Avenue North between Mendenhall Street and Durston Road; and WHEREAS, at a regular meeting of the City Commission of the City of Bozeman, Montana, held on the 3rd day of June, 1964, the aforesaid petition was respect- ively considered and granted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN: Section ~ Declaration of Intention That it is declared to be the intention of the City of Bozeman to create a special improvement district to be known and designated as Special Improve- ment District No. 440 of the City of Bozeman for the purpose of constructing and installing a six (6) inch cast iron water mHin on Eleventh Avenue North between Mundenhall Street and Durston Road, to include the necessary valves and fire hydrants and other necessary appurtenances and work incidental thereto. Section 2 I Boundl:l.ries The boundaries of said Special Improvement District No. 44U are described 8S follows: Beginning at the southeasterly corner of Lot 15 of Block 5 of the Springbrook Addition to Bozeman, Montana; thence norther~y along- the wes terly .line of the alley of said Block and across West Lamme Street to the southeasterly corner of Lot 9 of Block 12 of said addition; thence con- tinuing northerly along the wester.ly alley line of said Block 12 and across West Beall Street to the southeasterly corner of Lot 4 of Block 4 of Brunton-Palffy Rearrangement of Durston Subdivision; thence continuing northerly along the westerly line of the alley of said Block 4 and across West Villard Street to the southeasterLY corner of Lot 12, Block 1 of said Brunton-hilffy Rearrangement; thence con- tinuing northerly along the westerly line of the alley of said Block 1 and said line projected to the centerline of Durs ton Road; thence westerly along the said centerline of Durston Road a distance of 316 feet to a point 118 feet westerly of the northerly one-quarter corner of Section 12, ~ownship 2 South, Range 4 East, thence southerly parallel to and 118 feet distant wester~y therefrom the north-sou~ one-quarter line of said Section .12, being the westerly line of the said Brunton-Palffy Rearrangement to a point on the southerlY line of the Northeast Quarter of the Northwest Quarter (NEiNW't) of said Section 12; thence easter~y a distance 18 feet; thence southerly parallel to and distant 100 feet westerLY therefrom the north-south one- I quarter line of said Section 12 a distance of 53U.93 feet; thence easterly across Eleventh Avenue North to the south- wester~y corner of Lot Lb of Block 5 of said Springbrook Addition; thence easterly along the southerly line of said Lot 15 to the southeasterly corner of said Lot 15 being the point of beginning_ Containing within the above described exterior boundaries the fOllowing lots and tracts'of land, to-wit, Lots 15 through 24 inclusive of Block 5 and Lots 9' through 16 inclusive of Block 12 all in Springbrook Addition, Lots 1 through 4 in- clusive of Block 4 and Lots 1 through 12 inclusive of Block 1 all in Brunton-Palffy Rearrangement of Durston Subdivision, 272 alSo portion of the Northeast QUHrter of the Northwest Quarter (NEtNWtJ and the Southeast Quarter of the Northwest Quarter (SEtNWtJ of Section 12, Township 2 South, Range 5 East, all in Bozeman, Montana Section 3 Character of Improvements I The improvement to be constructed under this Special Improvement District include the installation of a six (6) inch cast iron water main on Eleventh Avenue North between Mendenhall Street and Durston Road, together with required valves, hydrants and fittings and other necessary appurtenances and work inci- dental thereto. Section 4 Estimate of Cost The preliminary est~mate of cost is $21,5vv.OV, including all trench excavation and backfill, installation of cast iron pipe and fittings, hydrants and valves, furnishing of aLL ma terials, engineering and incidentals. Section 5 Method of Assessment The cost of such improvement is to be assessed against the entire district each lot or parce.1 of l~nd wi thin such distric t WiLL be assessed for tha t part of the whole cost, which its area bears to the area of the entire district exclusive of streets, avenues, alleys and public places. Section 6 Payments That payments for said improvements shall be made in twenty (2v) 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 dHte by any pro- perty owner who desires to do so. It is proposed to PHY the entire cost and I expense of the construction and installation of said improvements with cash to be obtained from the sale of bonds of said Special Improvement District No. 44U, as authorized by law. Such bonds will be in denominations of $lUU.OV each and frac tions or mul tiples of $lOv.UU where necessary, to be iss1~er1 and charge- able against a fund to be known and designated as Special Imppauement District No. 44U Fund of the City of Bozeman. The bonds wili be redeemabie at the option of the C1 ty, singley or in muLtiples, and in the order of their registration, whenever funds are avaiLable for the purpose in suid SpeciHl Improvement Dist- rict No. 44U. Said bonds shall draw a simpLe interest from the date of their registration until calLed for payment, at a rate not exceeding six percent (6%) per annum, which interest shall be chargeabLe as a part of the cost of the construction and installation of said improvement. The bonds wilL be issued and sol in accordance with the provisions of Section ll-~232 and Section 1.1-22'(1, Revised codes of MontHna, 1947, and alL other applic~bLe provisions of TitLe 11 of the Revised Codes of Montana, 194?, relating to SpaciHl Improvement Dist- ricts in cities Hnd towns, and any amendments thereof or thereto. Section '1 Protests and Notice That the regular session of the City Commission of the City of Bozeman, to be held at the Commission Chamber, City HaiL Building, Bozeman, Montana, on the 24th day of June, 1964, at the hour of one o'Clock p.m. of said day, are the time and place, when and where the City Commission will hear and pass upon all protests duly and regularLY made and fiLed against the creation of said pro- posed Special Improvement District No. 44u, the improvement proposed to be made pursuHnt 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 re~uired, of the adoption of this Resolution of Intention. I ADOP~~D by the Commission of the City of Bozeman, Montana, at a regular and stated session of said Commission heLd on the 3rd day of June, L964. S/ R. Harry Morrow Ma yor ATTEST: 31 C. K. Wilson Clerk of the City Commission