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HomeMy WebLinkAboutResolution 733 SID 370 for Sewer 351 COMMISSION RESOLUTION NO. 733 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DE- CLARING IT TO BE THE INTENTION OF SAID COMMISSION TO CREATE A SPECIAL IM- PROVEMENT DISTRICT OF SAID CITY TO BE KNOWN AND DESIGNATED AS "SPECIAL IMPROVEMENT DISTRICT NO. 370 OF THE CITY OF BOZEMAN" FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING A SANITARY SEWER IN SOUTH CHURCH AVENUE FROM STORY STREET SOUTH FOR A DISTANCE OF APPROXIMATELY FOUR HUNDRED (400) FEET, AND TO SPECIALLY ASSESS THE COST OF SUCH CONSTRUCTION AND INSTALLATION AGAINST THE PROPERTY WITHIN THE BOUNDARIES OF SAID SPECIAL IMPROVEMENT I 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: Section 1. DECLARATION OF INTENTION. It Is hereby declared 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. 370, for the construction and installation of a sanitary sewer in South Ohurch Avenue from Story Street South for a distance of approximately Four Hundred (400) feet. Section 2. BOUNDARIES OF DISTRICT. T he boundary of said Special Improvement Dis- trict No. 370 shall be as follows: Beginning at the Northwest Corner of Lot Fifteen (15) of Block Two (2) of the Electric Heights Addition to the City of Bozeman, Mod ana, thence Easterly along the North Lines of Lots Fifteen (15), Fourteen (14), Thirteen (13), and Twelve (12), of said Block Two (2), 100 feet; thence Southerly 100 feet distant from and parallel to the West Lines of Blocks Two (2) and Three (3), of said Electric Heights Addition and said Lines extended, to the center line of vacated Alderson Street; thence Westerly along the center line of said vacated Alderson Street to an intersection with the Southerly extension of the West Line of said Block Three (3); thence Northerly along the Southerly extension of the West Line of said Block Three (3) to an intersection with the Easterly extension of the South Line of a tract conveyed by Albert Nyhus and Anna Nyhus to Robert K. DeWeese and Genevieve A. DeWeese on May 18, 1950, and recordedin Gallatin County Record of Deeds, Volume 101, Page 476; thence Westerly I along the extension of the South Line of said DeWeese tract and the .:>outh Line of said tract to a point 100 feet Westerly from the Southeast Carner of said tract; thence Northerly 100 feet distant from and parallel to the West Line of Church Avenue to a point on the South Line of Story Street; thence Easterly along the South Line of Story Street and the extension of said South Line of Story street to the point of beginning. Section 3. BENEFI'rS 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 Im- provement District No. 370, as said boundaries are specified and described in Section 2 of this Resolution, will be specially and equally benefited by the construction and installation of said sanitary sewer and should equally bear the cost thereof in accord- ance 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 370 is the construction and in- stallation of a six inch sanitary sewer in South Church Avenue from Story Street South for a distance of approximately Four Hundred (400) feet as stated and specified in Sec- tion lof this Resolution. Section 5. ESTIMATE OF COST. The preliminary estimate of the cost of the improve- I ment to be made within Special Improvement District No. 370, including trenching, back fill, material, installation, engineering and incidentals, is Two Thousand Nine Hundred Sixteen and nO/lOO ($2,916.00) Dollars. Section 6 AREA AND METHOD OF ASSESSMENT. It is proposed to pay the cost of said improvement by assessing the land within the boundaries of the said proposed District on a frontage basis, each lot, piece and parcel of land within such boundaries to be assess- ed therefor in the proportion which its frontage bears to the frontage of all of the land within such boundaries as described in Section 2 of this Resolution on the front foot basis. -- 352 The total frontage of all land within such boundaries is 912.5$ front feet and the esti- mated cost per front foot of said sanitary sewer line is estimated at $3.195. Section 7. PAYMENT OF COST. It is proposed to pay the entire cost and 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. 370, as authorized by law. Such bonds will be in denominations of $100.00 each and fractions of $100.00 where necessary, I to be issued and chargeable against a fund to be known and designated as Special Improve- ment District No. 370 Fund of The City of Bozeman. The bonds will be redeemable at the option of the City, singly or in multiples, and in the order of their registration, whenever funds are available in said Special Improvement District No. 370 for that purpose. Said bonds shall draw a simple interest from the date of their registration until called for payment, at a rate not exceeding six (6%) percent per annum, which interest shall be chargeable as a p art of the cost of the construction and installation of said improvement. The Bonds will be issued and sold ill accordance with the provisions ofSeetion 11-2232 and Section 11-2273, Revised Codes of Montana, 1947, and all other applicable provisions of Title 11 of the Revised Codes of Montana, 1947, relating to special improvements districts in cities and towns, and any amendments thereof or thereto. Section 8. SPECIAL ASSESSMENT. To pay said bonds Bnd the interest thereon, rep- resenting the cost of making said improvement, a special assessment shall be levied against all of the land within the boundaries of said proposed Special Improvement District No. 370, as defined in Section 2 of this Resolution, 912.55 feet, eachfront foot of said land to be assessed for its proportionate share of the entire cost as finally determined, I said 912.5$ feet being exclusive of streets, a venues, alleys and public places. Section 9. ASSESSMENTS PAYABLE IN INSTALLMEN'rS. That such special assessments on each sepe.rete lot, parcel 01' piece of land, on the front foot basis, within the boundaries of said Special Improvement District No. 370 as hereinbefore defined, shall be payable immediately upon the final ascertainment and levy thereof in the manner pres- cribed 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) equal (as nearly as may be) annual installments commencing on or beforethe 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 issue.d, and are not to exceed sioc (6%) per cent per annum. Section 10. REVOLVING FUND. The payment of the bonds of said proposed Special Im- provement District No. 370 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 ll-2269to 11-2273, both sections I inel uded, Revis ed Co des 0 f Mon t ana, 1947, and any amendments thereof or thereto. 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, City Hall Building, Bozeman, Montana, on Wednesday, the 29th day of April, 1953, 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 pro- Resolution No. 733 .- 353 posed Special Improvement District No. 370, the improvement proposed to be ma.de pursuant thereto, and the extent and character thereof, or either thereof. Section 12. CLERK TO GIVE NOTICE. That the Clerk of The City Commission 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. I Adopted by the. Commission of The City of Bozeman, Mort ana, at a stated and regular session of said Commission held on the 8th day of April, A. D. 1953. Attest: #~ (!;if~ C erk of the City Commission Mayor NOTICE IN RE COMMISSION RESOLUTION NO. 733 OF THE CITY OF BOZEMAN DECLARING THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AND DESIGNATED AS "SPECIAL IMPROVEMENT DISTRICT NUMBER 370." Notice is hereby given that on the eighth day of April, A. D. 1953, at a regular meeting of the Commission of the City of Bozeman, Commissicn Resolution No. 733 entitled: A RESOLUTION OF rrHE CITY COMMISSION OF 'rHE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTIONJF SAID COMMISSION TO CREATE A SPECIAL IMPROVEMENT DIS- TRICT OF SAID CITY TO BE KNOWN AND DESIGNATED AS "SPECIAL IMPROVEMENT DISTRICT NO. 370 OF rrHE CI'IT OF BOZEMAN" FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING A SANITARY SEWER IN SOUTH CHURCH AVENUE FROM STORY STREET SOUTH FOR A DISTANCE OF APPROXIMA 'rEt Y FOUR HUNDRED (400) FEET, AND TO SPECIALLY ASSESS 'rHE COST OF SUCH CONSTRUCTION AND INSTALLATION AGAINST THE PROPERTY WITHIN THE BOUNDARIES OF SAID SPECIAL IMPROVEMENT DISTRICT SO CREATED ON A FRONT FOOT BASIS, PDRSU- I AND TO THE STATUTES IN SUCH CASES MADE AND PROVIDED, was passed and adopted. That Wednesday, the 29th day of April, A. D. 19,3, at one o'clock P.M. a t the Com- mission Room of the City Hall, BozemEn, Montana, is designated by said Resolution 733 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 pro- posed Special Improvement District No. 37D on South Church Avenue from Story Street South for a distance of approximately Four Hundred (400) Feet 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 fif- teen (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 with said District, including all pipe, fittings, valves, accessories, engineering, installation, inspection and incidental expenses, which is to be specially assessed against the property within said District is $2,916.00. Thetotal actual frontage . of all property within the proposed District, exclusive of streets, alleys, avenues and I pub lie places, is 912.5,front feet. Parment for the improvement is to be made in ten (10) annual installments over a period of nine (9) ,years with interest on the deferred pay- ments not to exceed six (6%) percent per annum, payable annually, but this shall not be construed tf) 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:). 370 reference is hereby made to Resolution No. 733 of the Commission ofTha City of Bozeman, Mon tana, declaring the intention to create saidDistrict, which i.s on file in the office Resolution No. 733 -.... 354 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 tre public generally. This notice is given pursuant to the provisions of Section 11-2204, Revised Codes of Montana, 1947 . Dated this 8th day of April, A. D. 1953. I By order of the Commission of The City of Bozeman. ~~ CLerk of the CityCommissian Published in the Bozeman Daily Chronicle April 10th, 1953. State of Montana ) ) ss County of Gallatin ) I, L. G. Shadoan, Clerk of the City Commission of the City of Bozeman, Montana, do hereby certify that the foregoing Notice, Commission Resolution No. 733 was published at length in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City, in five issues, and tha t due proof of such publ ica t ion is on file in my office. IN WI'rNESS WHEREOF I hereunto set my hand and affix the seal of my office this 16th day of April, 1953. ~~A~ I C1 erk 0_ the C1 ty Commis s ion I Reso1ut ion No. 733