Loading...
HomeMy WebLinkAboutResolution 789 Intention to create SID 383 I 499 COt~~ISSION RESOL1~ION NO. 789 A RESOL~ION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTE~TION OF SAID COMMISSION TO CREATE A SPECIAL IMPROVEMENT DISTRICT OF SAID CITY TO BE KNOWN AND DESIGNATED AS "SPECIAL IMPROVEMENT DISTRICT NO. 383 OF THE CITY OF BOZEMAN" FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING A SIX INCH WATER MAIN STREET FROM NINTH A VENUE TO ELEVENTH A VENUE, A TEN INCH WATER MAIN ON NORTH ELEVENTH A VENUE I FROM MAIN STREET TO A POINT FORTY FEET NORTH OF MENDENHALL STREET, A SIX INCH WATER MAIN ON WEST MENDENHALL STREET FROM ELEVENTH AVENUE TO SEVENTH AVENUE, AND A FOUR INCH WATER MAIN ON NORTH TENTH AVENlffi FROM MAIN STREET TO MENDENHALl, STREET, AND TO SPECIALLY ASSESS A CERTAIN PORTION OF THE COST OF SUCH CONSTRUCTION AND INSTALLATION AGAINST THE PROPERTY WITHIN THE BOUNDARIES OF SAID SPECIAL IMPROVEMENT DISTRICT SO CREATED ON AN AREA BASIS, PURSUANT TO THE STATmES IN SUCH CASES MADE AND PROVIDED. BE IT RESOLVED BY THE CO~mISSION OF THE CITY OF BOZEMAN: Section 1 Declaration of Intention It is hereby delcared to be the intention of the City Commission of the City of . Bozeman, Montana, to create a Special Improvement District of said City, to be known and designated as Special Improvement District No. 383, for the construction and in- stallation of a six inch water main on West Main Street from Ninth Avenue to Eleventh Avenue, a ten inch water main on North Eleventh Avenue from Main Street to a point forty feet North of Mendenhall Street, a six inch water main on West Mendenhall Street from Eleventh Avenue to Seventh Avenue, and a four inch water main on North Tenth Avenue from Main Street to Mendenhall Street. Section 2 Boundaries of District I The boundaries of said Special Improvement district No. 383 shall be as follows: Beginning a t the Sou thess t Corner of Block fl'hr ee (3) of the Springbrook Addition to the City of Bozeman, Montana, thence Northerly along the West Line of North Ninth Avenue to a point on the center line of the East and West Alley in said Block Three (3); thence Westerly along the said center line of the East and West Alley to 8 point on the center line of the North and South Alley of said Block Three (3); thence Northerly along the said center line of the North and South Alley to a point on the South Line of West Mendenhall Street; thence Westerly along the said South Line to a point of in tersec tion wi th the center line produced of. the alley in Block Five (5) of said Springbrook Addition; thence Northerly along said center line of alley produced and said center line of alley of Block Five (5) to a point of intersection with the North Line produced of Lot Fourteen (14), of said Block Five (5); thence Westerly along said North Line produced and the North Line of said Lot Fourteen (14) to a point on the West City Limits of Bozeman; thence Southerly along the said West City Limits to a point on the East and West center line of Block "H" of Story's Addition to the City of Bozeman; thence Easterly along the East and West center Ilne of said Block "H", said East and West center line produced of Block "H", and the East and West center line of Block "G" of said Story's Addition, to a point on the West Line of South Ninth Avenue; thence Northerly along the said West Line of South Ninth Avenue and said West line produced of South Ninth Avenue, to a point on the North Line of West Main Street; thence Easterly along the North Line of West Main Street to the point of beginning. Section 3 Character of Improvements The character of the improvement to be made within said proposed Special I Improvement District No. 383 is the construction of a six inch water main on West Main Street from North Ninth Avenue to Eleventh Avenue, a ten inch water main on North Eleventh Avenue from Main Street to a point forty feet North of the North Property Line of West Mendenhall Street, a six inch water main on West Mendenhall . Street from Eleventh Avenue to Seventh Avenue, and a four inch water main on North Tenth Avenue from Main Street to Mendenhall Street. The work will include the in- stallation of two hydrants on West Main Street and two hydrants on North Eleventh ~. Avenue, and the installation of valves and fittings as required. --------..-- ~ - -~ 500 Section 4 Benefits Declared It is hereby declared by the Commission of the City of Bozeman that all of the land within the boundaries of the said proposed Special Improvement District No. 383, as said boundaries are specifled and described in Section 2 of this Resolution, will be specially and equally benefitted by the construction and in stallation of said I water main and should equally bear the cost thereof in accordance with the la ws of the State of Montana in such case made and provided. Section 5 Estimate of Cost The preliminary estimate of the cost of the improvement to be made within Special Improvement District No. 383 is Fifteen Thousand Nine Hundred Dollars ($15,900.00) . The installation of the ten lnch water main on North Eleventh Avenue from Main Street to a point forty feet North of Mendenhall Street is considered to be of general benefit to The City of Bozeman and for that reason the City of Bozeman is to pay the difference between the cost of the installation of said ten inch water main thereon and the cost of the installation of a six inch water main thereon, said difference being estimated at One Thousand Four Hundred Dollars ($1,400.00). The installation of all the water mains hereinbefore described is considered to be of special benefit to the Gallatin County High School District, a legal subdivision of the county of Gallatin, State of Montana, and said Gallatin County High School District is to pay seventy-five percent (75%) of the total estimated cost of said improvement, less the I amount to be paid by The City of Bozeman, or an estimated Ten Thousand Eight Hundred Seventy-five Dollars ($10,875.UU), and the property withln said Special Improvement District No. 383 w1l1 be assessed for the remaining twenty-five per cent (25%), or an estimated Three Thousand Six Hundred Twenty-five Dollars ($3,625.00). Section 6 Area and Method of Assessment The balance of the estimated cost of said improvement remaining is to be assessed against the property included in the district on an area basis. The total assessa- ble area of all property within Special Improvement District No. 383, exclusive of streets, avenues, alleys and public places, is 197,696.3 square feet, which is the area upon which all protests wIll be decidod, and the estimated cost per square foot is $0.U183362. Section 7 Fa ymen ts That payments for sa id i1'l'1pro1rement sha 11 be made in ten (10) annual installments extending over a period of nine (9 ) years, but this shall not be construed to prevent payment in full at any regular paym.ent date by any property owner who desires to I do so. It is proposed to pay the entire cost and expense of the construction and installation of said improvement with cash to be obtained from ~e sale of bonds of said Special Improvement District No. 383, as authorized by law. Such bonds will be in denominations of $100.00 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. 383 Fund of The City of Bozeman. The bonds ~ Resolution No. 789 ".__.._..__.m.._"....___ __..., _ _._." ..___ SOl will be redee~able at the option of the City, singly or,in multiples, and in the order of their registration, whenever funds are available for that purpose in said Special Improvement District No. 383. Said bonds shall draw a simple interest from the date of their registration 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 I the construction and installation of said improvement. Th~ 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 ~ny amendments thereof or thereto. Section 8 Protests and Notice That the regular session of th~ City Commission of The City of Bozeman, to be held at the Commission Chamber, City Hall Building, Bozeman, Montana, on Wednesday, the 6th day of July, 1955, 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 re~llarly made and filed against the creation of said proposed Special Im- provement District No. 383, the improvement proposed to be made p~rsuant thereto and the extent and character thereof, or either thereof; and the Clerk of the City Commis- sion be, and he is hereby, directed to give notice in the manner and for the time as by law reauired, of the adoption of this Resolution of Intention. I Adopted by the Commission of The City of Bozeman, Montana, a t a regular and s ta ted session of said Commission held on the 15th day of June~A.D.' 955. L! . . / " ~/c:<' : ~ ~ Mayor. ATTEST: Lfi:~~-J > Clerk of the City Commission. NOTICE IN RE COMMISSION RESOLUTION NO. 789 OF THE CITY OF BOZEMAN DECLARING THE INTEN.. TION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPRO\~~ffiNT DISTRICT TO BE KNOWN AND DESImMTED AS "SPECIAL IMPROVEMENT DISTRICT NO. 383." Notice is hereby given that on the 15th day of June, A.D., 1955, at a regular meeting of the Commission of The City of Bozeman, Commission Resolution No. 789 entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTEUTION OF SAID COMMISSION TO CREATE A SPECIAL I D'PROVEl\mNT DISTRICT OF SAID CITY TO BE KNOWN AND DESIGNATED AS "SPECIAL IMPROVEMENT DISTRICT NO. 383 OF THE CITY OF BOZEMAN" FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING A SIX INCH WATER MAIN ON WEST MAIN STREET FROM NINTH A VENUE TO ELEVENTH A VENUE, A TEN INCH WATER MAIN ON NORTH ELEVENTH AVENUE FROM MAIN STREET TO A POINT FORTY FEET NORTH OF MENDENHALL STREET, A SIX INCH WATER MAIN ON WEST ~lliNDENHALL STREET FROM ELEVENTH AVENUE TO SEVENTH A VENUE, AND A FOUR INCH WATER MAIN ON NORTH TENTH A VENUE FROM MAIN STREET TO MENDENHALL STREET, AND TO SPECIALLY ASSESS A CERTAIN PORTION OF THE COST OF SUCH CONSTRUCTION AND INSTALLATION AGAINST THE PROPERTY WITHIN THE BOUNDARIES OF SAID SPECIAL IMPROVEMENT DISTRICT SO CREATED ON AN I\REA BASIS, PURSUANT TO THE STATUTES IN SUCH CASES 1~DE AND PROVIDED, was passed and adopted.  Resolution No. 789 .----".-.----. . . 502 That Wednesday, the 6th day of July, A.D., 1955, at one o'clock P.M. at the Commission Chamber, City Hall Building, Bozeman, Montana, is designated by said Resolution No. 789 as the time and place for hearing objections to the action pro. posed to be taken by said resolution, and when and where any and all persons whose property is within said proposed Special Improvement District No. 383 on West Main Street from Ninth Avenue to Eleventh Avenue on North Eleventh Avenue from Main Street . to a point forty feet North of Mendenhall Street, on West Mendenhall Street from Eleventh Avenue to Seventh Avenue, and on North Tenth Avenue from Main Street to Mendenhall street in said City may appear and show cause, if any they have, against said proposed improvement. Objections must be made in writing and filed with the Clerk of the City Commission not later than fifteen (15) days after the date of the first publication of this Notice. .. An approximate and preliminary estimate of the cost of doing such work and making such improvement within said District is $15,900.00. The installation of the ten inch water main on North Eleventh Avenue from Main Street to a point forty feet North of Mendenhall Street being considered to be of general benefit to The City of Bozeman, the said City of Bozeman will pay the difference between the cost of the installation of said ten inch water main thereon and the cost of the installation of a six inch water main thereon, said difference being estimated at One Thousand Four Hundred Dollars ($1,400.00). The installation of all the water mains hereinbefore described being considered to be of special benefit to the Gallatin County High School District, I a legal sub.divislon of the County of Gallatin, State of Montana, the said Gallatin County High School District will pay seventy.five per cent (75%) of the total estim. ated cost of said improve~ent, less the amount to be paid by The City of Bozeman, or an estimated Ten Thousand Eight Hundred Seventy-five Dollars ($10,875.00). The balance of Three Thousand Six Hundred Twenty-five Dollars ($3,625.00) is to be asses. sed aginst the property within said district on an area basls. The total assessable area of all property within Special Improvement District No. 383, exclusive of streets, avenues, alleys and public places, is 197,696.3 square feet, which is the area upon which all protests will be decided, and the estimated cost per square foot is $0.0183362. Payment for the improvement to be made in this District is to be made in ten (10) annual installments over a period of nine (9) years with interest on the deferr. ed payments not to exceed six (6) percent per annum, payable annually, but this shall not be construed to prevent payment in full at any regular payment date by any proper. ty owner. For a description of the boundaries of said Special Improvement District No. 383 .. reference is hereby made to Resolution No. 789 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 11.2204, Revised Codes of Montana, 1947. Resolution No. 789 .--.-..--......- .----.---. - .-...-------- 503 Dated this 15th day of June, A.D., 1955. By order of the Commission of The City of Bozeman. . ~A~ .. Clerk of the ~ty Gommiasion '. " --~ Firat published in the Bozeman Daily Chronicle the 20th day of June, 1955. }~-~ Stnte of MJntana ) ) ss County of GBllatin ) I, L. G. Shadoan, Clerk of the Commission of the City of Bozeman, do hereby certify that the foregoing Notice was published five times in the Bozeman Daily Chornicle, a newspaper of genernl circulation, printed and published in said City in the issues of ,Tuen 20th th~u June 2Lj th, 19.55, and thnt due proof of such publication is on file in J1Y offic e. , IN WITNESS WHEREOF I here1mto set my hand and affix the corporate seal of my office . this 25th day of June, 1955. /fr~ Clerk of the City Commission .. -I '. .~ .. Resolution No. 789 -----....- ----...-.-..--...... -...-"...-.---.--..-.. --'" ---.. 504 ". I .. "f. a I ~.&~