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HomeMy WebLinkAboutResolution 1022 SID 422 33 COMMISSION RESOLUTION NO. 1022 A RESULUTION 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. 422 TO ThE C11~ of H0ZEMAN I F'uR litHE PURPOSE OF CONS'l'RUC'l'ING AND INSTALLING A WATER MAIN ON NORTH TENTH A VENUE FROM WEST BEALL STREET TO DURSTON ROAD AND FOR THE ~JRTHER PRUPOSE OF CONSTRUCTING AND INSTALLING A SEWER MAIN IN THE NORTH-SOUTH ALLEY BETWEEN NORTH TENTH A VENUE AND NORTH ELEVENTH AVENUE EXTENDING FROM WEST BEALL STREET TO DURSTON ROAD, INCLUDING THE NECESSARY PEIPE LINES, MAN HOLES, DRAIN INLETS, AND OTHER NECESSARY APPURTENANCES AND WORK INCIDENTAL THERETO. WHEREAS, there has been filed witn the Clerk of tne City Commission of the City of Bozeman, Montana, a petition in due form o~ certain owners of properties situated on North Tenth Avenue between West Beail ~treet and Durston Road 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 Tenth Avenue from West Beall street to Durston Road and in the North-South alley between North Ten- th Avenue and North Eleventh Avenue extending from West Beai1.Street to Durston Road; and W1illREAS, at a regular meeting of the City Commission of the City of Bozeman, Montana, held on the ~th day of July 1961, the aforesaid petiition was respect- ively considered and granted; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN: Section 1 Declaration of Intention That it is declared to be the intention of the City of Bozeman to create a apecial improvement district to be known and designated as ~pecial Improvement ~I District No. 422 of the City of Bozeman for the purpose of constructing and install- ing a water main on North Tenth Avenue from West Beall Street to Durston Road and for the purpose of constructing and installing a sewer main in the North-South alley between Nortn ~enth Avenue and North Eleventh Avenue extending from West Beall Street to Durston Road, and to include the necessary pipe lines, man holes, drain inlets, and other necessary appurtenances and work incidental thereto. Section 2 Boundaries The boundaries of said Special Improvement District No. 422 are described as follows: Beginning at the point of intersection of the centerline of West Beall Street with the centerl1.ne of North Eleventh Avenue, thence in a North- erly direction along the centerline of North Eleventh Avenue to a point on the centerline of Durston Road; thence in an Easterly direction along the centerline of Durston Road to a point 120 feet East of the East line of North Tenth Avenue; thence in a Southerly direction, 120 feet East of and parailel to the East iine of North Tenth Avenue to a point on the centerline of West Beail Street; thence in a Westeriy direction along the centerline of West Bea~l Street to the point of beginning. Section 3 Character of Improvements The improvements to be constructed under this Special Improvement District include the installation of a six inch water main on North Tenth Avenue extend- ing from the existing ten inch water main on West Bea~l Street to the existing I four inch water main on Durston Road together with required valves, hydrants and fittings and to include the installation of an eighty inch sanitary sewer main in the North-South alley between North Tenth Avenue and North Eleventh Avenue extending from West Bea~l Street to Durston Road and East alon~ Durston Road to the existing manhole 110 feet East of the East line of North 'enth Avenue together with manholes, wyes and appurtenances. Section 4 Es tima te of Cas t The preliminary estimate of cost is $2l,UOO.00 including trenching, back fi~ling, material, insta~lation, engineering and incidentals. -----.-. -.-..--.. ..--.~. 34 Section 5. Method of Assessment Cost of the water main installation will be assessed against Traot 3, Durston Sub-division, Lots 13 to 24 inclusive, Block 1; Lots 1 to 13 inclusive, Block 2; Lots 5 to 8 inclusive, Blook 4; and Lots 1 to 3 inclusive Block 5; all in Brunton - Palffy He-arrangement of a portion of Durston Sub-division, on a front foot basis with the total front footage being 2401.23 lineal feet. I Cost of the sewer main installation will be assessed against Lots 1 to 24 inclusive of Block 1; and Lots 1 to 4 inclusive, Block 4, all in Brunton-Palffy Rearrangement of a portion of Durston Sub-division, on a front foot basis with the total front footage being 20e2.17 lineal feet. Section 6 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 pro- perty 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 ]mprovement District No. 42~. as authorized by law. SuCh bonds will be in denominations fo $lUU.UO each and fractions or multiples of $lOU.UO where necessary, to be issued and chargeable against a fund to be known and designated as SpeciaL Improvement District No. 422 Fund of the City of Bozeman. The bonds will be redeemable at the option of the Ci ty, singlely or in multiples, and in the order of their registration, when- ever funds are available for the purpose in said Special Improvement District No. 422. Said bonds shall ~aw a simpLe interest from the date of their regi- stration until called for payment, at a rate not exceeding six (6) per cent per annum, which interest shaLl be chargeable as a part of the cost of the constr- uction 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, Revi- sed 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 I Protests and Notice That the regular session of the City Commission of the City of Bozeman, to be held at the Commission Chamber, City Hall Building, Bozeman, Montana sn the 23rd day of August , 1~6l at the hour of one o'olock P.M. of said day, are ~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. 422 the improvement proposed to be made pursuant thereto and the extent and character thereof, or either thereof; and the Clerk of the City Connnission 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 Resolution of Intention. Adopted by the Commission of tlle City of Bozeman, Montana, at a regular and stated session of said Commission held on the 2nd da y of August _, A.D. 1961.. s/ Arnold M. Swanson , , .Mayor ATTEST: ~~/d!4'~<;i/ Cler . of the C ty ommission "'_"WIII_"'_ NOTICE IN HE I COMMISSION REOLUTION NO. lU22 OF THE CITY OF BOZRMAN DECLARING THE INTENTION OF THE CITY OF BOZEMAN TO C REA TE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AND DESIGNATED AS "SPECIAL IMPROVEMENT DISTRICT NUMBJBER 422" Notice is hereby given that on the 2nd day of August , A. D., 1961, at a regular meeting of the Commission of the City of Bozeman, Commissioner Reso- lution Number 1022 entitled: ..-... --. .-- ...- 35 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO CREATE A S~EC- TAL nnpROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 422 TO THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING A WATER MAIN ON NORTH TENTH AVENUE FROM WEST BEALL STREET TO ~TR3TON ROAD AND FOR THE FUR~IER PURPOSE OF CONSTRUCTING AND INSTALL- ING A SEWER MAIN IN THE NORTH-SOUTH ALLEY BETWEEN NORTH TENTH AVENUE AND NORTH ELEVENTH AVENUE EXTENDTNG FROM WEST BEALL STREET TO DURSTON ROAD, INCLUDING THE NECESSARY PIFE LINES, MAN HOLES, DRAIN INLETS, AND I OTHER NECESSARY APPURTENANCES AND WORK INCIDENTAL THERETO. was passed and adopted. That Wednesday, the 23rd day of A~ust . , A. D., 196L, at one O'CiOCK P.M. at the Commission Room of the City Ha 1, Bozeman, Montana, is designated by said Resolution No. 1022 as the time and pLace for hearing objections to the action proposed to be taken by said resolution, and when and where any and all persons whose property is within said proposed Special Improvement District No. 422 on North ~enth Avenue from West BeaLl ~treet to Durston Road and in the North-South Alley between North 'l'enth Avenue and North Eleventh Avenue extending from Wes t BeaLl Street to Vurston Road in said City May appear and show cause, if any the! have, against said proposed improvement. Objections must be made in writing an 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 mak- ing such improvement within said District, including all materiaLs, installation coats, engineering and incidentaLs, which is to be specially assessed against the property within said District is $21,000.UO Coat of the water main installation will be assessed against Tract 3, Durston Sub-division, Lots 13 to 24 inciuslve, Block 1; Lots 1 to 13 inclusive, Block 2; Lots 5 to 8 inclusive, Block 4; and lots ~ to 3 inclusive, Block 5; all in Brunton - Palffy Rearrangement of a portion of Durston Sub-division, on a front foot basis with the total front footage being 2401.23 lineal feet. Cost of the sewer main installation will be assessed against Lots 1 to 24 inclusive of Block 1; and Lots 1 to 4 inclusive, Block 4, all in B~lnton-Palffy Rearrangement of a portion of Durston Sub-division, on a front foot basis with the total front footage being 2082.17 lineal feet. Payment for the improvements I 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 (6) per cent per annum, payable 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. 422 reference is hereby made to Resolution No. 1022 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 generaliy. This notice is given pursuant to the provisions of Section 11-2204, Revised Codes of Montana, 1947. Dated this 2nd da y 0 f Au~st , A. D. 1961. ~t(W'~<C~~ ~ler y omm ssion Published in the Bozeman Daily Chronicle Au.'!:. 7..- 8, 9. 10 & 11. 1961. ~ - ~ ~ ~ ~ - - ~ ~ - - ~ - - State of Mon tana ) ) ss. I County of Galla tin) I, C. K. Wilson, Clerk of the commission of The City of Bozeman, do hereby certify the foregoing Notice in Re, Commission Resolution No. 1022 was published at length in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City in the issues beginning August 7th thru August 11th, 1961 inclusive, and due proof of such publications are on file in my office. IN WITNESS WHEREOF I HEREUNTO set my hand and affiX the corporate seal of my office this 14th day of August, 1961 . ~ /=k/ti~~ /1/7 // Clerk, he ty ~onnnlsslon - ~ - ~ ~ ~ - - ~ -