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HomeMy WebLinkAboutResolution 1085 Creates SID No. 436 . ...-.------. .n _ _ __._._ :I ~)9 COMMISSION RESOLUTION NO. ~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 436 TO THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING A WATER MAIN ON NORTH NINTH AVENUE BETWEEN BEALL STREET AND DURSTON ROAD, I SAID WATER MAIN TO BE EIGHT (8) INCHES AND OF CAST IRON, AND TO INSTALL A SIX (6) INCH CAST IRON WATER MAIN ON WEST VILLARD BETWEEN NINTH AVENUE AND SEVENTH AVENUE, AND ALSO TO INSTALL WATER SERVICE LINES TO ALL LOTS WITHIN THE DISTRICT, INCLUDING NECESSARY VALVES AND FIRE HYDRANTS AND OTHER NECESSARY APPURTENANCES AND WORK INCIDENTAL THERETO. WHEREAS, there has been filed 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 North Ninth Avenue between Beall Street and Durston Road and on West Villard between Ninth Avenue and Seventh Avenue, asking that a special improvement district be created for the purpose of constructing and installing a water main to serve the property fronting on North Ninth Avenue between Beall street and Durston Road and on West Villard between Ninth Ave- nue and Seventh Avenue; and WHEREAS, at a regular meeting of the City Commission of the City of Bozeman, Mon tana , held on the 21st day of August, 1963, the aforesaid petition was respect- ively considered and granted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN: See tion 1 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. 436 of the Oity of Bozeman for the purpose of constructing I and installing an eight (8) inch cast iron watermain on North Ninth Avenue between Beall Street and Durston Road and to install a six (6) inch cast iron watermain on West Villard between Ninth Avenue and Seventh Avenue, to include the necessary valves and dire hydrants and other necessary appurtenances and work incidental thereto. Section 2 Boundaries The boundaries of said Special Improvement District No. 436 are described as follows: Beginning at the North one-quarter corner of Section 12, Township 2 South, Range 5 East, Montana Principal Meridan, thence N 89~39' E along the northerly line of said Section 12, being the northerly line of the Brunton-Palffy Rearrangement of a Portion of the Durston Subdivision to the City of Bozeman, Montana, a distance of 5U5.6 feet to the true point of beginning; thence in a southerly direction along the easterly alley line of Block 2 of said Rearrangement, being along the westerly lot lines of 14 thru 26 of said Block 2, to the sou th- westerly corner of Lot 14 of Block 2; thence southerly across West Villar ~treet to the northwesterly corner of Lot 4 of Block 5 of said Rearrangement; thence southerll along the wester1.Y lot lines of Lots 4,5,6 and 7 of said lock 5 to the southwest corner of said Lot 7; thence southerly parallel to and 150 feet westerly from the westerly line of Ninth Avenue North to a point of intersection with the southerly line of West Beall Street; I thence easterly along the southerly line of West Beall Street to a point 150 feet easterly of the easterly line of Ninth Avenue North; thence northerly parallel to and 150 feet distant from said easterly line of Ninth Avenue North to a point common to Lots 1,2,7 and 8 of Block 6 of said Rearrangement; thence easterly parallel to and 58.2 feet distant from the southerly line of West Villard Street to a point of intersection with the centerline of Seventh Avenue North, thence northerly along said center- line of Seventh Avenue North, a distance of 187.5 feet; thence westerly to the northeasterly corner of Lot 13 of .......----.--.---.------- .--.--- -...-.-...-..- --..-... 200 Block 3 of said Rearrangement; thence northerly along the easterly line of Block 3 to a point of intersection with the northerlY line of said Rearrangement; thence westerly along said northerly line to the true poin t of beginning. Including within the above described exterior boundaries the following lots and portions of lots or tracts: Lots 14 thru 26 inclusive of Block 2; Lots 1 thru 13 inclusive of Block 3; Lots 4 thru 7 inclusive of Block 5; Lots 1 thru 4 inclusive and lot 8 of Block 6; all within the Brunton- I Paltry Rearrangement of a Portion of the Durston Sub- division; and also portions of Tracts 2,3,7,8 13 and 14 of Durston Subdivision. Section 3 Character of Improvements The improvements to be constructed under this Special Improvement District include the installation of an eight (8) inch cast iron water main on North Ninth Avenue between Beall Street and Durston Road and a six (6) inch cast iron water main on West Villard between Ninth Avenue and Seventh A venue, together with required valves, hydrants and fittings and other necessary appurtenances and work incidental thereto. Section 4 Estimate of Cost The preliminary estimate of cost is $21,750, including trenching, back filling, material, installation, engineering and incidentals. Section 5 Method of Assessment The cost of such improvements is to be assossed against the entire district, each lot or parcel 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, exclusive of s tree ts, a venues, alleys and public places. Sec tion 6 I Pa ymen ts That payments for said improvements shall be made in twenty (20) 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 date by any property owner who desires to do so. It is proposed to pay the entire cost and expense of the construction and installation of said improvements with cash to be obtained from the sale of bonds of said Special Improvement Dis tric t No. 436, as authorized by law. Such bonds will be in denominations of $lUU.OO each and fractions or multiples of $100.00 where necessary, to be issued and chargeable against a fund to be known and designated as Special Improvement District No; 436 Fund of the City of Bozeman. The bonds will be redeemable at the option of the City, singley or in multiples, and in the order of their registration, whenever funds are available for that purpose in Special Improvement District No. 436. Said bonds shall draw a simple interest from the date of their registration until called for payment, at a rate not exceeding six (6) percent 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 sold in accordance with the provisions of Section 11-2232 and Section 11-2271, Revised Codes of Montana, 1947, and all other applicable provisions of Title 11 of the Revised Codes of Montana, 1947, relating to Special Improvement Districts in cities and towns, and any amendments thereof or thereto. Section 7 Protests and Notice That the regular sessionof the City Commission of the City of Bozeman, I to be held at the Commission Uhamber, Uity Hall Building, Bozeman, Montana, on the 18th day of September, 1963, 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 proposed Special Improvement District No. 436, the impro ve- ment proposed to be made pursuant 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 required, of the adoption of this R~solution of Intention. ADOPTED by the Commission of the City of Bozeman, Montana, at a regular and stated session of said Commission held on the 21st day of August, 1963. ATTEST: sl Pred M. Staudaher s/ C. K. Wilson Mayor Clerk of the City commission 201 NOTICE IN RE COMMISSION RESOLUTION NO. 1085 OF THE CITY OF BOZEMAN DECLARING Trlli INTENTION OF THE CITY OF BOZEtMN TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AND DESIG- NATED AS "SPECIAL IMPRO'IEMENT DISTRICT NO. 436." I Notice is hereby given that on the 21st day of August, 1963, at a regular session of the Commission of the City of Bozeman, Commission Resolution No. 1085, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 436 TO THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING A WATER MAIN ON NORTH NINTH AVENUE BETWEEN BEALL STREET AND DURSTON ROAD, SAID WATER MAIN TO BE EIGHT (8) INCHES AND OF CAST IRON, AND TO INSTALL A SIX (6 ) INCH CAST IRON WATER MAIN ON WEST VILLARD BETWEEN NINTH AVENUE AND SEVENTH AVENUE, AND ALSO TO INSTALL WATER SERVICE LINES TO ALL LOTS WITHIN THE DISTRICT, INCLUDING NECESSARY VALVES AND FIRE HYDRANTS AND OTHER NECESSARY APPURTENANCES AND WORK INCIDENTAL THERETO. was passed and adopted. That Wednesday, the 18th day of September, 1963, at one orc~ock p.m., at the Commission Room of t~ity Hall, Bozeman, Montana, is designated by Resolution 1085 as the time and place for hearing objections to the action pro- posed to be taken by said resolution, when and where all persons whose pro- perty is within said proposed Special Improvement District No. 436 on North Ninth Avenue between Beall Street and Durston Road and on West Villard between Ninth Avenue and Seventh Avenue, may appear and show cause, if any they have, against said proposed improvement. Objections must be made in writing and filed wi th the Clerk of the Ci ty Commission not 1a ter than fifteen (15) days after date of the first publication of this notice. An approximate prelininary estimate of the cost of doing such work and making such improvements within said district, including trenching, back filI- I ing, material, installation, engineering and incidentals, which is to be spe- cially assessed against the property within said district is $21,750.00. Costs of the project will be assessed against the entire district, each lot or parcel 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, exclusive of streets, avenues, alleys and public places; Payment for the improvements is to be made in twenty equal annual installments. For a description of the boundaries of said Special Improvement District No. 436, reference is made to Resolution No. 1085 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 said City of Bozeman, State of Montana, and open for inspection to all interested parties and the public generally. This notice is given pursuant to the provisions of Section 11-22U4, Revised Codes of Montana, 1947. Dated this 30th day of August, 1963. s/ C. K. Wilson Clerk of the City Commission First published in the Bozeman Daily Chronicle August 30, 1963. - - - - - - - - - I State of Montana ) County of Gallatin) ss City of Bozeman ) I, C. K. Wilson, Clerk of the Commission of The 61ty of Bozeman, do hereby certify the foregoing Notice in Re, Commission Resolution No. 1085, was published at length in the Bozeman DailY Chronicle, a ~newspaper of general circulation printed and publi- shed in said City in the issues of August 30th thru September 5th, 1963, inclusive, and due proof of such publications is on file in my office. IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of ~y office this 10th day of 3ep~ember, 1963. .. r;;? ~~ "". -</ Clerk 0 the city Commission