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