HomeMy WebLinkAboutResolution 729 Create SID 369 Water main
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COMMISSION
,RESOLUTION NO. 729
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A RESOL urION OF THE crry COMMISSION
OF 'rIfE CITY OF BOZEMAN, M.)NTANA, DECLARING
Ifr 'I'D BE 'rIlE IN'l'ENTION
OF SAID COMMISSION TO CREA'rE A SPECIAL IMPROVEMENT DIS-
TRICT OF SAID CI'l'Y TO BE
KNOWN AND DESIGNATED AS "SPECIAL IMPROVE1vlEWr DISTRICT
NO. 369 OF THE CI'ry OF BOZEMAN"
FOR 'rHE PURPOSE OF CONSTRUCTING AND INSTALLING
A SIX INCH WATER MAIN ON DUPSTON
ROAD FROM NORTH FIFTH AVENUE TO NORTH SIXTH
AVENUE, AND ON NORTH SIx/rH
AVENUE FROM DURs'rONROAD TO VILLARD S'rRl<::E'r, AND TO
SPECIALLY ASSESS '.IRE CO ST
OF SUCH CONSTRuc'rI IN AND INS'rALIJ'rION AGAINST 'rEE
PROPERTY WITHIN THE BOUNDARIES
OF SAID SPECIAL IMPROVEMENT DISTRICT SO CREATED
ON A FRONT l'-'OOT BASIS, PURSUANT
TO THE STA'rUTES In SUCH CASES MADE AND PROVIDED.
BE 1'1' RESOT.J,VED BY THE
COMMISSION OF 'rHE crl'Y OF BOZEMAN:
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Section 1. DECLARATION OF INTENTION.
It is hereby declared t 0 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.
369, for the constructLm
and installation of a six inch water main on Durston Road from
North Fifth Avenue to North Sixth Avenue,
and on North Sixth Avenue from Durston Road to
Villard Street.
Section 2.
BOUNDAEIES OF DISTRICT.
The boundary of said Special Improvement Dis-
trict No. 369 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(l), inclusive, of said Block Three
(3), and Lots Six (6) to One
(1), inclusive, of Block Two (2) of said Vio-
lett Addition, to the Northwest
Corner of Lot One (1) of said Block Two (2);
thence Easterly along the North
Line of Lot One (1) of said Block Two (2) to
the Northeast Corner of said
Lot One (1); thence Northerly along the West Line
of vacated North Sixth Avenue
to its point of intersection with the Westerly eX~
tension df the NOrth Line of
Lot Ten (10), of Block One (1), of the North
Seventh Add! tion to the Ci
ty of bozeman; thenceEasterly along the Westerly ex-
tension of the North Line of
s aid Lot 'ren (10) an d the North Lines of Lots
Ten (10) to Thirteen (13),
inclusive of Block One (1) of said North Seventh
Addition to the Northeast Corner
of said Lot Thirteen (13); thence Southerly
along the East Line of said
Lot Thriteen (13) to the Southeast Corner thereof;
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thence Westerly along the South
Lines of Lots Thirteen (13), Twelve (12),
and Eleven (11), of Block One
(1) of said North Seventh Addition to
a point
of intersection with the Northerly
extension of theEast Line of Lot Twelve
( 12)
of Block One (1), of said Violett Addition;
thence Southerly along the
said Northerly extension of
the ERst Line of Lot Twelve 112) and along the
East Lines of Lots Twelve (12)
to Seven (7), inclusive, of Block
One (1), of
said Violett Addition, and
Lots Eighteen (18) to Ten (10), inclusive, of Block
Four (4), of said Violett Addition,
to the Southeast Corner of Lot Ten (lO)OF
said Block Four (l.d; thence
Westerly along the South Lines of Lot 'ren (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 Bo~eman that all of theland within the boundaries of the said proposed Special Im-
provement District No.
369, as said boundaries are specified and described in Section 2
of this Resolution, will be specially and equally benefitted by the construction and
installation of said water main and should equally bear the cost 1hereof in accordance
with the laws of the state of Montana in such case made and provided.
Section 4.
CHARACTER OF IMPROVEMENT. The character of theimprovement to be made
within said proposed Special Improvement District Number 269 is the construction and in-
stallation of a six inch water main on Durston Road from North Fifth Avenue to North
Sixth AvenUe and on North Sixth Avenue from Durston Road to Villard Street,
as stated I
and specified in Section 1 of this Resoluion.
Section 5.
ESTIMATE OF COST. The preliminary estimate of the cost of the improve-
ment to be made within Special Improvement District No. 369,
including trenching, back
fill, :naterial, installation,
engineering and incidentals, is FiveThousand Six Hundred
and Ninety Five and no/100($5,695.00) Dollars.
Section 6.
Area and Method of Assessment. It is proposed to pay the cost of said
improvement by assessing the land within the boundaries of the said proposed District on
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a frontage basis,
each lot, piece and parcel of landwithin 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 described
in Section 2 of this Resolution on the front basis.
The total frontage of all land
within such boundaries if 1897.09 frontage feet and the
estimated cost per front foot
of said water main is estimated at $3.01.
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Section 7.
PAYMENT OF COST. It is proposed to pay the entire cost and expense of
the cons tructio'l and installation of said improvement with cash to be obtained from the
sale of bonds of said Special Improvement District No.
369, as authorized by
law. Such
bonds will be in denominations
of $100.00 each and fractions of ~lOO.OO where necessary,
to be issued and chargeable
against a fund to be known and designated as Special Improve-
ment District No.
369 Fundof the City of Bozeman. The
bonds will be redeemable at the
option of the city,
singly or in multiples. and in
the order of their registration, when-
ever funds are available in
said Special Improvement District No. 369 for that purpose.
Said bonds shall draw a simple
interest from the date of their registration until called
for pay-ment,
at a rate not exceeding six (6~) per cent per
annu~, 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 11-2273, Revised Codes
of Montana, 191+7,
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 ASSESSME~T. To pay said bonds and the interest thereon,
repre-
I senting the cost of
making said improvement, a special assessment shall be levied against
all of the land within the boundaries of said proposed Special Improvement District No.
369, as defi.ned in
Section 2 of this Resolution, 1897.09 feet,
each front foot of said
land to be assessed for its
proportionate share of the entire cOst as finally determined,
said 1891+.09 feet be ing excl
us i ve of s treats, avenues, alleys and public places.
Section 9.
ASSESSMENTS PAYABLE IN INSTALLMENTS. That such special assessments
on each separate lot, parcel
orpiece of land, on the front foot
basis, within the boundaries
of said Spa cial Improvement
Dis trict No. 369 is hereinbefore defined,
shall be payalbe
immediately upon the final
ascertainment and levy thereof in the manner prescribed by law,
or, at the option of the owner of such lots,
piece or parcel of ]and, or lots, pieces and
parcels of land held in the
aggregate and in the smae ownership, in ten
(10) equal
(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 issued, and are not
to exceed six (6%)
per cent per annum.
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Section 10.
REVOLVING FUND. The payment of the bonds of said proposedSpecial
Improvement District No.
369 as to delinquencies, and deficiencies,
if any, will be pro-
vided for under the provisions of Ordinance No.
612 of the City of Bozeman setting up a
Revolving Fund pursuant to
the provisions of Section 11-2269 to 11-2273, both sections
included, -Revised Codes of
Montana, 1947, and any amendments thereof or thereto.
Section 11.
TIME FOR PROTESTS. That the regular session o.f the Ci ty Commiss lon of
the City of Bozeman to be held
at the Commission Chamber, City Hall Building, Bozeman,
Montana,
on Wednesday, the 29th day of October,
1952, at the hour of 1;00 o'clock P.M.
Resolution
No. 729
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are the time and place when and
where the C~y Commission will hear and pass
of said day,
upon all protests duly and regularly made and filed against the creation of said proposed
Special Improvement District No.369, the improvement proposed to be made pursuant thereto,
and the extent and character thereof, or either thereof.
-Section 12.
CLERK TO GIVE NOTICE. That the Clerk of the Ci ty Commis s iO'l be,
andhe
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.
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Adopted by the Commission of
the City of Bozeman, Montana, at a stated and regular
session of said Commission held on the 8th day of October, A. D.
19:;2.
Attest:
iJ~
g(/~Sion
();.
Mayor
NOTICE IN
RE
COMMISSION RESOLUTION NO. 729
OF THE Crrry OF BOZEMAN DECLARING rrHE INTENTION OF
THE CITY OF BOZEMAN TO CREATE
& SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AND DES-
IGNATED AS "SPECIAL IMPROVEMENT
DISTRICT NUMBER 369.tf
Notice is hereby given that
on the 6th day of October, A. D. 1952,
at a regular meeti.'"1g
of the Commission of the City. of Bozeman, Commission Resolution Number 729,
entitled:
A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF BOZEMAN, MONTANA DECLARING
IT TO BE :mE INTENTION OF SAID
COMMISSION TO CREATE A SPECIAL IMPROVEMENT DIS-
TRICT OF SAID CITY TO
3E KNOWN AND DESIGNATED AS "SPECIAL IMPROVEMENT DISTRICT
NO.
369 OF THE CITY OF BOZEMAN't FOR THE PURPOSE OF CONSTRUCTING AND INSrrALLING
A SIX INCH WATER MAIN ON DURSTON
ROAD FROM NORTH FIFTH A VENUE TO NORTH SIX'rH A VE-
NUE, AND ON NORTH SIXTH AVENUE
FROM DURSTON ROAD TO VILLARD STREET, AND TO
SPECIALLY ASSESS THE COST OF
SUCH CONSTRUCTION AND INSTALLATION AGAINST 'rHE
PROPERTY WITHIN THE BOUNDARIES
OF SAID SPECIAL IMPROVEMENT DISTRICT SO CREATED
ON A FRONT FOOT BASIS,
PURSUANT TO THE STATUTES IN SUCH CASES MADE AND PROVIDED.
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was passed and adopted.
That Wednesday, the 29th day
of October, A. D. 1952,
at one O'clock P.M. at the Com-
mlssion Room, of the City Hall, Bozeman, Montana, is designated by said Resolution 729
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 wi thin said proposed
Special Improvement District No.
369 on Durston Road from North Fifth Avenue to North
Sixth Avenue, and on
NorthSixth Avenue from Durston Roa.d to Villard Street in said city
may appea.r and show cause,
if any they have, a.gainst said proposed improvement.
Objec-
tions must be made in writing and filed with the Clerk of the CityCommission not later
than fifteen (15)
days after the date of the first publication of this Notice.
An approximate and pr eliminary
es ti:nate of the co st of doing such work and making
such improvement with said District,
including all pipe, fi ttings,
valves, accessories,
engineering, installation,
inspection and incidental expenses, which is to be specially
assessed against the property within saidDistrict if $5,695.00.
The total actual frontage
af all property within the proposed District,
exclusive of streets, alleys, avenues and
pUblic places, is 1897.09
1 ineal feet. Payment for the improvement is to be made in ten
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(10) annual installments
over a period of nine (9) years with the 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.
F.or a description of the boundaries
of saidSpecial Improvement District No.
369
reference is hereby made to Resolution No. 729 of the Commission of the City of Bozeman,
Montana, declaring the intention
to crea.te saidDistrict, which is on file in the office
of the undersigned C~rk of the said Commission in the City Hall of said City of B~eman,
Resol ut ion No. 729
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State of Montana,
and open for inspection to all interested parties and the public gen-
erally.
This notice is given pursuant to the provisions of Section 11-220~., Revised Codes
of Mon ta.na.,
1947.
Dated this 8th day of October, A. D. 1952.
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By Order of the Commis sion 0 f the C1 ty of Boz emE:n.
gfl~
.1 r of the
City Commission
Published in the Bozeman Daily
Chronicle October 11th, 1952.
State of Montana
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ss
County of Gal~in
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I, L. G. Shadoan, Clerk of the Commission of
The City of Bozeman, do hereby certify
that the foregoing Notice,
Resolution No. 729 was published at 1 ength in fi va is s;,es
of
the Bozeman Daily Chronicle, a newspaper of general circulation printed and published
in the.issue beginning October
11th, 1952, and that due proof of such publication is on
file in my office.
IN WITNESS WHEREOF I hereunto set my hand and affix the seal of my office, this
14th dayof October,
1952.
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Cler of tne
City Commission
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Resol utian No. 729