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HomeMy WebLinkAboutResolution 728 Create SID 368 336 COMMISSION RESOLUTION NO. 728 A RESOLUTION OF 'rHE CITY COMMISSION OF THE CI'ff OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO CREATE A SPECIAL IMPROVEMENT DIS- TRICT OF SAID CITY TO BE KNOWN AND DESIGNATED AS "SPECIAL IMPROVEMENT DISTRICT NO. 368 OF THE CITY OF BOZEMAN" FOR TliE PURPOSE OF CONSTRUCTING AND INSTALLING A SANITARY SEWER IN NORTH SIXTH AVENUE FHOM VILLARD STREET TO DUFSTON ROAD, AND TO SPECIALLY ASSESS THE COST OF SUCH CONSTRUCTION AND INSTALLATION AGAINST THE PROPERTY WITHIN THE BOUNDARIES OF SAID SPECIAL IMPROVEMEN'r DISTRICT SO CREATED ON A FRONT FOOT BASIS, PURSUANT TO THE STATUTES IN SUCH CASES MADE AND PROVIDED. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF BOZEMAN: I Section 1. DECLARATION OF INTENTION. It is hereby declared to be the intention of the CityCommission of the City of Bozeman, Montana, to create a Special Improvement District of said City,. to be known and designated as Special Improve~ent District No. 368, for the construction and installation of a sanitary sewer in North Sixth Avenue from Villard Street to Durston Road. Section 2. BOUNDARIES OF DISTRICT. The boundary of said Special Improvement Dis- trict No. 368 shall be as follows: Beginning at the Southwest Corner of Lot Nine (9), of Block Three (3), of the Violett Addition to the City of Bozeman, Montana, thence Northerly along the West Lines of Lots Nine (9) to One (1), inclusive of said Block Three (3), and Lots Six (6) to One (1) , invlusive of Block Two (2), of said Vio- lett Addition, to the Northwest Corner of Lot One (1) of said Block Two ( 2) ; thence Easterlr along the North Linss of Lot One (1) of said Block Two (2) and Lot Twelve (12 of Block One (1) of said Violett Addition, to the Northeast Corner of said Lot Twelve (12); thence Southerly along the East Lines of Lots Twelve (12) to Seven (7), inclusive, of said Block One (1), and Lots Eighteen (18) to Ten (10), inclusive, of Block Four (4) of said Violett Addition, to the Southeast Corner of Lot Ten (10) of said Block Four (4.); thence Westerly along the South Lines of Lot Ten (10) of said Block Four (4) and Lot Nine (9) of said Block Three(3) to the point of beginning. Section 3. 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 I Improvement Dis trict No. 368, as said boundaries are specified Hnd described in Section 2 of this Resolution, will be specially and equally benefitted by the construction and installation of said sanitary sewer and should equally bear the cost thereof in ac- cordance with the laws of the State of Montana in such case made and provided. Section 4. CHARACTER OF IMPROVEMENT. The character of the improvement to be made within said proposed Special Improvement District Number 368 is the construction and installation of an 8 inch sanitary sewer in North Sixth Avenue and extending from the manhole on the existing sewer line at the corner of Durston Road and North Sixth Avenue, southerly along North Sixth Avenue to Villard Street, as stated and specified in Sec- tion 1 of this Resolution. Section 5. ESTIMATE OF COST. The preliminary estimate of the cost of the improve- ment to be made within Special Improvement District No. 368, including trenching, back fill, material, installation, engineering and incidentals, is Four Thousand Eight Hundred and Sixty and nO/lOa ($4,860.00) Dollars. Section 6. AREA AND METHOD OF ASSESSMENT. It is proposed to pay the cost of said I improvement by assessing the land within the boundaries of the said proposed District on a frontage bases, each lot, piece and parcel of land wi thin such boundaries to be assessed therefor in the proportion which its frontage bears to the frontage of all of the land within such boundaries as descrlbed in Section 2 of this Resolution on the front foot basis. The total frontage of all land within such boundaries is 1621.09 front geet and the estimated cost per front foot of said sanitary sewer line is es- ti~ated at $3.00. - ,,~ -- ---_._-,- 337 Section 7. PAYMENT OF COST. It is proposed to pay the entire cost Bnd expense of the construction and installation of said improvement with cash to be obtained from the sale of bonds of said Special Improvement District No. 368, as authorized by law. Such bonds will be in denominations of $100.00 each and fractions of $100.00 where necessary, to be issued and chargeable against a fund to be known and designated as Special Im- I provement District No. 368 Fund of The City of Bozeman. T he bonds will be redeemable at the option of the City, singly or in multiples, and in the order of their registra- tion, whenever funds are available in said Special Improvement District No. 368 for that purpose. Said Bonds shall draw a simple interest from the ds.te 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 p&rt of the cost of the construction and installation of said improvement. The bonds will be issued and sold in accordace with the provisions of Section 11-2232 and Section 11-2273, Revised Codes of Mo~an~, 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 8. SPECIAL ASSESSMENT. To pay said bonds and the interest thereon, representing the cost of mkaing said improvement, a special assessment shall be levied against all of the land within the boundaries of said proposed Special Improvement District No. 368, as defined in Section 2 of this Resolution, 1621.09 feet, each front foot of said land to be assessed for its proportionate share of the entire cost as finally determined, said 1621.09 feet being exclusive of streets, avenues, alleys and public places. I Section 9. ASSESSMENTS PAYABLE IN INSTALLMENTS. That such special assessments on each separate lot, parcel or piece of land, on the front foot basis, within the bound- aries of said Special Improvement District No. 368 as hereinbefore defined, shall be payable immediately upon the final ascertainment and levy thereof in the manner prescrib- ed by law, or, at the option of the owner of such lots, piece or parcel of land, or lots, pieces and parcels of land held in the aggregate and in the same ownership, in ten (10) e q ua 1 (as nearly as may be) annual installments commencing on or before the thirtieth day of November in the year in which the improvement within the District is completed, such deferred installment payments to bear interest from the date of such levy until paid at the rate at which the bonds to pay the cost of said improvement are sold and is sued, and are not to exceed six (6%) per cent per annum. Section. REVOLVING FUND. The payment of the bonds of said proposed Special Im- provement District No. 368 as to delinquencies, and deficiencies, if any, will be pro- vided for under the prov lsi.ons of Ordinance No. 612 of the Ci ty of Bozeman setting up a Revolving Fund pursuant to the provisions of Section 11-2269 to 11-2273, both sections incl uded, Revised Codes of Mont ana, 1947, and any amendments thereof or thereto. I Section 11- TIME FOR PROTESTS. That the regular session of the City Commission of the City of Bozeman to be held at the Commission Chamber, Ci ty Hall BUilding, Bozeman, MJntana, on Wednesday, the 29th day of October, 1952, at the hour of 1:00 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. 368, the improvement proposed to be m~de pursuant thereto, and the extent and character thereof, or either thereof. Resolution No. 728 338 That the Clerk of the City Commission be, and Section 12. CLERK TO GIVE NOTICE. he is hereby, directed to give notice in the manner and for thet'Lne as by law required, of the adoption of this Resolution of Intention. Adopted by the Commission of the City of Bozeman, Montana, at a stated and regular session of said Commission held on the eighth day of October, A. D. 1952. w-<< 1ur I Mayor NOTICE IN RE COMMISSION RESOLUTION NO. 728 OF THE CITY OF BOZEMAN DECLARING 'rHE INTENTION OF THE CI'rY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AND DESIGNATED AS "SPECIAL IMPROVEMENT DISTRICT NUMBER 368!' Notice is hereby given that on the 8th day of October, A. D. 1952, at a regular meeting of the Commission of the City of Bozeman,CommissionResolution Number 728, entitled: A RESOLUTION OF 'rHE CITY COMMISSION OF THE Crry OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO CREATE A SPECIAL IMPROVEMENT DIS- TRIC'r OF SAID CITY TO BE KNOWN AND DESIGNATED AS "SPECIAL IMPROVEMENT DISTRICT NO. 368 OF 'rHE C rrY OF BOZEMAN" FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING A SANI'rARY SEWER IN NORTH SIXTH AVENUE FROM VILIA. RD STREl~T TO DURSTON ROAD, AND TO SPECIALLY ASSESS THE COST OF SUCH CONSTRUC'rION AND INSTALLATION AGAINST 'rHE PROPERTY WITHIN THE BOUNDARIES OF SAID SPECIAL IMPROVEMENT DISTRICT SO CREATED ON A FRONT FOOT BASIS, PUR.SUANT TO THE STATUTES IN SUCH CASES MADE AND PROVIDED. was passed and adopted. That Wednesday, the 29th day of October A. D. 1952. at one o'clock P.M. at the Commission Room of the City Hall, Bozeman, Montana, is designated by said Resolution 728 as the time and place for hearing objections to the action proposed to be taken by I said resolution, and when and where any and all persons whose property is within said proposed Special Improvement District No. 368 on North Sixth Avenue from Villard Street to Durs ton Road in said Ci ty may appear and show caus e, if any they have, against said proposed improvement. . Objections must be mnde in writing and filed with the Clerk of the City Commission not later than fifteen (15) days after the date of the first pub- lication of this Notice. An approximate and preliminary estimate of the cost of doing such work and making such improvement with said District, including all pipe, fittings, valves, accessories, engineering, installation, inspection and incidental expenses, which is to be specially assessed against the property wit~in said Dist~ict is $4,860.00. The total actual front- age of all property within the porposed District, exclusive of streets, alleys, avenues and public places, is 1621.09 lineal feet. Payment for the improvement is to be made in ten (10) annual installments over a period of nine (9) years with interest on the deferred payments not to exceed six (6%) per cent per annum, payaole ahnually, but this shall not be construed to prevent payment in full at any regular payment date by any property owner. I For a description of the boundaries of said Special Improvement District No. 368 reference is hereby made to Resolution Number 728 of the COr.1n1ission of the City of Bo~eman, Montana, 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 Bo zeman, State of Montana, and open for inspection to all int erested pa rties and the public generally. Resolution No. 728 339 This notice is given pursuant to the provisions of' Section 11-2204, Revised Codes of Montana, 191+7. Dated this 8th day of October, A. D. 1952. By order of the Commission of the City of Bozeman. I q'!~~ Clerk o. the City Commission Published in the Boze~an Daily Chronicle October 11th, 1952. State of Montana ) ) ss Cou..'1ty of Gallatin ) I, L. G. Shadoan, Clerk of the Commission of The City of Bozeman, do hereby certify that the foregoing Notice, Resolution No. 728 was published at length in the Bozeman Daily Chronicle, in the issue of October 11th, 1952, and that due proof is on file in my office. IN WITNESS WHEREOF I hereunto set my hand and affix the seal of my office this 14th day of October, 1952. ~~ C e of the Commisslon- I I Resolution No. 728