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HomeMy WebLinkAboutResolution 1118 Creates SID No. 439 ~H8 CO~~ISSION RESOLUTION NO. 1118 - A RESOLUTION OF THE CITY COMMISSION O'F THE CITY OF BOZEMAN DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPEC- IAL IMPROVEMENT DISTRICT NO. ~39 FOR THE PlffiPOSE OF CON- STRUCTING AND INSTALLING EIGHT (8) INCH LATERAL SANITARY SEWERS TO SFRVE LOTS 1 TO :5. INCLUSIVE OF BLOCK "A" AND LOTS I 1 THROUGH 1'/ INCLUSIVE OF BLOCK "B" OF GRAF'S FIRST REARRANGEMENT OF BLOCK 6, KIRK SECOND SUBDIVISION, BOZEMAN, MOrTTANA, SAID SANITARY SEWER PROJECT TO INCLUDE ALL APPURTENANT WORK, INCLUDING NECESSARY PUrE LINES, MANHOLES AND OTHER NECESSARY AL'PURTENANCES. WHEREAS, there nas been filed with the Clerk of the City Commission of the City of Bozeman, MontHna, a petition in due form of certain owners of properties situated on the streets hereinafter specified, asking that a special improve~ ment district be created fQr the purpQse of constructing and installing eight (8) inch lateral s~nitary sewers to provide sanitary sewers for all lots within the district. WHEREAS, that at a regular meeting of the City CQmmission of the City of Bozeman held on the 3rd day of June, 1964, the aforesaid petitiQn was respect~ ively considered and granted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN: SectiQn 1 Declaration Qf Intention Tha t 1 t is hereby decl.ared to be the in ten tion of the C1 ty of Bozem~n to create a special improvement district to be knQwn and designated as Special Improvement District No. 439 of the City of Bozeman for the purpose of constr~ ucting and installing an outfall sewer, said project to incLude all appurtenant work, for the cQnstruction Qf a sewerage system to provide sanitary sewers for all lots within the district. I SectiQn 2 Boundaries The boundaries of said Special Improvement District No. 439 are described as fOllOWS: Beginning at the northwest CQrner of SectiQn L2, town~ ship 2 South, Range 5 East, M..P.M., being the northwest corner of said Kirk's SecQnd SubdivisiQn; thence North 89053'38" East aLong the northerLY line Qf said Section 12, being the centerline of Durston Road a distance of 49U_~3 feet; thence south 00025'38" West along the east~ erLY alley line of BloCk "B" of said Graf's First Re- arrangement of BIQCk 6 Qf said Kirk's SecQnd Subdivision and said east alley line produced a distance of 1.3Ul.77 feet to a point of intersection with the center line of West Beall Street; thence South H~016 '0'1" Wes"C along said centerline of West Beall street and said line extended a distance Qf bUu.~~ feet to a PQint Qf intersectiQn with the westerly line of said Section i2; thence NQrth vao 5.1 r 38" East along said section line a distance of l3u7.40 feet to the point of beginning_ Sec tion 3 Character of Improvements Construct1Qn of eight (B) 1nch La teral sani tary sewers tQ serve Lots 1 to 34 inclusive of BLoCK "An and Lots I through L? incLusive of B.lock "B" of Graf's I First Rearrangement of Block 6, Kirk SecQnd Subdivision, Bozeman, MQntana, said sanitary sewer project to include necessary pipe lines, manholes and Qther necessary appurtenances. Section' Estimate of Cost Preliminary estimate of cost for this project is $lB,OUU.uu, including all trench exc~vatlQn and bacKfill, ail materials, instaLlation costs, engineering and incidenta.1S. SectiQn 5 MethQd Qf Assessment 2ti9 The cost of such improvement is to be assessed against the entire district, each lot or parce~ of land within such district will be assessed for that part of the whole cost, Which its area bears to the area of the entire district exc~u- sive of streets, avenues, al~eys and pub~iC p~aces. Section 6 Pa ymen ts I The payments for said improvements snal~ be made in twenty (2u) annual installments extending over a period of nineteen (19) years, but ~1s snal~ not be construed to prevent payment in fUll at any regular payment date by any pro- perty owner who desires to do so. It is proposed to pay the entire cost and exyense of the construction and inata~~ation of said Im~r\Jvements with cash to be obtained from the sale of bonds of said Special Improvement District No. ~39, as authorized by law. Such bonds will be in denominations of $luu.Ou each, and fractions or multiples of ~lvO.OU where necessary, to be issued and chargeable against a fund to be known and designated as Special Improvement District No. .39 Fund of the City of Bozeman. The bonds will be redeemable at the option of the City, singlY or in mulitiples, and in the order of their regi- stration, whenever funds are avaiLabie for tne purpose in said Special Improve- ment District No. ~39. Said bonds shall draw a simple interest from the date of their registration untiL caLled for payment, at a rate not to exceed six percent (6%) per annum, which interest shall be chargeable as part of the cost of construction and installation of said improvements. 'rbe bonds will be issued and sold in accordance with the provisions of Section li-2232 and Section 11-2271, Revised Codes of Montana, 1947, and all other applicable provisions of Title 11 of the Revised Codes of Montana, 1~~7, relating to special improve- ment districts in cities and towns, and any amendments thereof or thereto. Section 7 Protests and Notice That the regular sess~on of the City Commission of the City of Bozeman, to be held at the Commission 0hamber, City Ball Building, Bozeman, Montana, on Wednesday, the 2~th day of June, A.D. 196~, at the hour of one o'clock p.m. of said day, is 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 proposed Special Improvement District No. ~39, the improvements proposed to be made pursuant thereto and the extent and character thereof, or either I thereof; and the C~erk of the City Commission ge, and he is hereby directed to give notice in the manner and for the time as by law required, of the adoption of this Resolution of Intention. ADOPTED 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, 1964. sj R. Harry Morrow Me yor ATTEST: 3/ C. K. Wilson Clerk of the City Commission _ iIIIt _ _ _ NOTICE IN RE COWnSSION RESOLUTION NO. 111S OF THE CITY OF BOZEMAN DBCLARING THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVENENT DISTRICT TO BE KNO\VN AND DESIGNATED AS "Sl-'ECIAL n'PROVEMENT DISTRICT NO. 439." I Notice is hereby given that on the 3rd day of June, i964, at a regular session of the Commission of the City of Bozeman, Commission Resolution No. 1118 en ti tled: A RESOLTJTION OF THE CITY COMMISSION OF THE CITY OF BOZEHAN DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A S.t'ECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS Sr'EC- TAL n~l:'ROVEMENT DISTRICT NO. ~39 FOR THE PTTRr'OSE OF CON- sTRucTING AND INSTALLING EIGHT (8) INCH LATERAL SANITARY SEWERS TO SERVE LOTS 1 TO 34 INCLUSIVE OF BLOCK "A" AND LOTS 1 THROTJGH 17 INCLUSIVE OF BLOCK "B" OF GRAF' S FIRST REARRANGE~mNT OF BLOCK 6, KIRK SECOND SUBDIVISION, BOZEMAN, MONTANA, SAID SANITARY SEWER PROJEOT TO INCLUDE ALL APPURTENANT WORK, INCLTJDDm NECESSARY PIPE LINES, MANHOLES AND OTHER NECESSARY APPURTENANCES. 2r70 was passed and adopted. That Wednesday, the 24th day of June, 1~6~, at one o'Clock p.m. at the Commission Room of the Cityliall, Boz6'i!i'a'n, Montana, Is designated by Resolution No. 1118 as the time and place for hearing objections to the action proposed to be taken by said resolution and when and where anl and all persons whose pro- perty is within said proposed Special Improvement istrict No. 439, may appear and show cause, if any they have, against said proposed improvements. Objections must be made in writing and filed with the Clerk of the City Commission not later than fifteen (15) days after date of the first publication of this Notice. An approximate preliminary estimate of the cost of doing such work and I making such improvements within said District, 1ncluding all trench excavation and backfil.l, a.l.l ma teria.Ls, installation costs, engineering and incidentals, which is to be specially assessed against the property within sald District 1s $18,000.00 and costs will be assessed on an actual area basis. The payment for the improvements is to be made in twenty (20) annual installments over a period of nineteen (19) years with interest on the deferred payments not to exceed six percent (6%) per annum, payab~e annuallY, but this shall not be construed to prevent payment in fUll at any regular payment date by any property owner. For a description of the boundaries of said Special Improvement District No. 439, reference is hereby made to Resolution No. 1118 of the Commission of the City of Bozeman declaring the intention to create said District, which is on file in the office of the undersigned Clerk of said Commission in the City Hall of sa id Ci ty of Bozeman, State of Montana, and open for inspection to all interested persons and the public generally. This notice is given pursuant to the provisions of Section 11-22U4, Revi- sed Codes of Montana, 1947. Dated this 5th day of June, 1964:. C. K. Wilson Clerk of the City Commission First published in the Bozeman Daily Chronicle June ~, 196~. - - - - - - S ta te of Mon tana ) I County of Gallatin) ss City of Bozeman ) I, C. K. Wilson, Clerk of the Commission of The City of Bozeman, do hereby certify that the foregoing Resolution Notice No. 1.111:3 was published at length in the Bozeman Daily Chronlc~e, a newspaper of general circula tion printed and publis}'ed in said city in the issues of ~une 5th thru June lU" .L964:, Inc.Lusive, !:Ind due proof of such publication is on file in my office. IN WITNESS WHEREOF I hereunto set my hand and affix the corporate se!:l.l of my office this 12th day of June, HH:$ 4 . ~&~4;~-A~/ Clerk of the ity-Co~~ission - - - - - .' I