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HomeMy WebLinkAboutResolution 696 Intention to create SID 364 --.------.-. . -...-.. ..----.. -... .-..-.....--. 248 CON'MISSION RESOLUTION NO. 696 A RESOLUTION OF' TFE crry CmJflllISSION OF TI-IE CITY OF BOZEMAN, MONTANA, DECLARPTG IT TO BS TIm INTENTION OF SAID COllJf1VISSION TO CREATE A SPECIAL P~PPOVETirEHT DISTRICT OF SAID 8ITY TO BE K~;01fJN AND DESIGNATED AS "SPECIAL IMPROVE1V1T;;NT DISTRICT NUMBER 364" FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING A SIX INCH WATER MAIN ON TVVELFTH AVENUE SOUTH FROM WEST KOCH STREET TO WEST CURTISS STf?EET IN THE CITY OF BOZEMAN, MONTANA, AND TO SPECIALLY ASSESS TEE COST OF SUCH CONSTRUCTION AND INSTALLA'I'ION AGAI1':ST THE PROPERTY WITHIN THE COUNDAPIES OF SAID SPECIAL IMPRO\lEMENT DISTRICT SO CREATED ON AN AREA BASES, PURSUANT TO TI-IE STATUT-c.~2, IN SUCH CASES MADE AND PROVIDED. I 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, M:mtana, to create a Special Improvement District of said City, to be known and designated as Special Improvement District No. 463, for the construction and installation of a six inch water main on Twelfth Avenue South from West Koch Street to West Curtiss Street in s",id City of Bozpman, Mon tana . Sect1.on 2 Boundaries of District The boundary of said Special Improvement District Number 364 shall be as follows: Begin~ing at a point where the west line of Twelfth Avenue South intersects the center line of West Koch Street; thenc e west along the center line of West Koch Street a distance of one hundred twenty six feet to the intersection of the center line of West Koch Street with the eas t line ( pro ,j ec ted) of the vacated alley in Block 7, West Side Addition to the City Of Bozeman; Thence north along the east line of said vacted alley in said Block 7 a distance of three llilndred sixty I (36U) feet to the center line of the vacated portion of West Curtiss Street between Block Saven (7) and Block Two (2) of said West Side Add! tion; thence east along the center line of West Curtiss Street and the vaca ted portion therpof to a point one hundred twenty-six (126) feet east of the east line of Twelfth Avenue South; thence south along a line one hundred twen ty six ( 126 ) feet east fro~and parallel to the ea s t line of Twe Ifth Avenue Sou th to the cen ter line of Wes t Koch Street; thence west along the center line of West Koch Street to the point of beginning. Section 3 Benefits Declared It is hereby declard by the Commission of The. Ci ty of. Bozeman that all of the land within the b01mdaries of the said proposed Special Improvement District Number 364, as said boundaries are specified and described in Section 2 of this Resolution, will be specially and equally benefitted by the const~iction and inst~llation of said water main and Should ~qually bear the cost thereof in accordance with the laws of the State of Montana in such case made and provided. Section 4 Character of Improvement The character of the improvemen t to be made within said proposed Special Improvement D1.strlct Number 364 Is the const~Jction and I installation of a six (6") inch, cast iron water main on Twelfth Avenue South from West Koch Street to West Curtiss Street and to connect said water main to the exlsting wAter main on West Koch Street, ass ta ted and specified in Section 1 of this Resolution. Section 5 Area and Approximate Cost It 1.8 proposed to nay the "ost of sRid i~provement by assessing the land within the boundaries of said proposed District on an area basis, . each lot, piece and parcel of land within such boundaries to be assessed 249 therefor in the proportion which its area bears to the area of all the land within such boundaries as described in Section 2 of this Resolution on an area basis. The total area of' all the land within such boundaries is '79, 380 square feet. The preliminary and approxiamte estimate of the cost of said improvement, including all pipe, fittings, valves, accessories, I engineering, installation, inspection and incidental expenses is $1,260.00. The total area within t he boundaries as specified, exclusive of streets, avenues, alleys and public places, being 79,380 square feet, the ra te of assessment per square foot is estimated at $0.015873. Section 6 Payment of Cost It is propsed 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. 364, as authorized by law. Such bonds will be in denominations of $100.00 each adn fractions of $100.00 where necessary, to be issued and chargeable against a fund to be known and designated as Special Improvement District No. 364 Fund ot 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 a va iIable in said Special Improvement District No. 364 for that purpose. Said bonds shall draw a simDle interest from the date of their registration I until called for payment, at a rate not exceeding six ( 6Jb) per cent per annum, which interest shall be chargeable as a part of the cost of the construct- ion 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, 194'7, and all other applicable provisions of Title 11 of the Revised Codes of Montana, 1947, re la ting to special improvement dis- tric ts in c1 ti es and towns, and any amendmen ts thereof or thereto. Section 7 Special Assessment To pay said bonds and the in tare s t ther !"on, representing 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 Dis tric t No. 364, as defined in Section2 of this Resolution, 79 ,380 squa re fee t, each square foot of said land to be assessed for its proportionate share of such entire cost as finally determined, said 79, 380 square feet being exclusive of streets, a venues, alleys and public places. Sec tion 8 I That such special assess~ents on each separate lot, parcel or piece of land, on the area bases, within the boundaries of said Special Improvement Dls tric t No. 364 as hereinbefore defined, shall be payable 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 land, or lots, pieces and parcels of land held in the aggregate and in the same ownership, in ten (IU) equal (as nearly as may be) annual installments commencing on or before the thirtieth day - 250 such deferred installment the improvement within the District is co~pleted, payments to bear interest fro"'" 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 at not to exceed six (6%) per cent per annum. See tion 9 Revolving Fund The payment of the bonds of said proposed Special Improvement District I No~ 364 as to delinquencies and deficiencies, if any, will be provided 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 10 Time for Protests Tha t the refJ:ular sess ion of the Cl ty Commiss ion of the CIty of Bozeman to be held at the Commission Chamber, City Hall Building, Bozeman, Montana, on Wednesday, the 8th day of November, 1950, at the hour of l:UO o'Clock P.M. of said day, are the time and place when and where the Oi ty Commission will hear and pass upon all proyests duly and regularly made and filed against the creation of said proposed Special Improvement District No. 364, the improve- men t propsed to be made pursuan t there to, and the extent and character thereof, or either thereof. Section 11 Clerk to Give Notice I That the Clerk of 'lhe 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. Adopted by the Commission of the City of Bozeman, Montana, at a stated and repllar session of said Comm:'!ssion held on the 12th day of October, A.D. 1950. #/~ At'l 'Cl'e~k' ~SS10n NOTICE IN HE COMMISSION R"SOLUTION NO. 696 OF THE CITY 0FBOZEMAN DECLARING THE INTENTION OF' _THE CITY OF BOZEMAN TO CHEA'm A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AND DESIGNATED AS "SPECIAL IVPROVEMTr DISTRI crr N1TMBTi~R 364." Notice is hereb~ given that on the 18th day of October, .A.D. 195u, at a regular meeting of the Commission the The City of Bozeman, Commission Resolution No. 696 entitled: I A RESOLTTTION OF TIm CITY COMT'lISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO CREATE A SPECIAL DlfP'ROVEMENT DISTRICT OF SAID CITY TO BE KNOWN AND DESIGNATED AS "SPECIAL DfPROVETlrRNT DISTRICT NUMBER 364" FOR TJ:E PURPOSE OF CONSTRUCTING AND INST....LLING A SIX INCH WATER MAIN ON TV'JELFTH AVENUE SOUTH FROW Vi'EST KOCH STREET TO WEST CURTISS STREET D' THE CITY OF BOZEMAN, MONTANA, AND TO SPECIALLY ASSESS THE COST OF SUCH CONSTRUCTION AND INST/\LLA TION AGAINST 'J'TIE PROPERTY WITHIN THE BOUNDARIES OF SAID SPECIAL P~PROVEMT.G'NT DIS'I'RICT SO CREATED ON AN AREA BASIS, PURSUANT TO THE STATUTES IN SUCH CASES MADE AND PROVIDED. was passed and adopted. - ~_._-~~--- -- . - . -- .-- --.--...---.-.- - 251 That Wednesday, the 8th day of November, A.D. 1950, at one o'clock . P.M. at the Commission Room of the City Hall, Bozeman, Montana, is design~ ated by said Resolution No. 696 as the time and p18ce for hearing objections to the action propsed to be taken by said resoln tion, and when and where any and all persons whose property is within said proposed Special Improvement District No. 364 on Twelfth Avenue South from West Koch Street to West I Curtlss Street in said Clty may appear and show cause, if any they have, .. aga ins t sa id propsed lmprovemen t. ab ,j ec tLms mus t be made in wri ting and filed with the Clerk of the City Commission not later than fifteen (15) days after the da te of' the firs t publica tion of this Notice. An approximate and preliminary estimate of the cost of doing such work and making such improvement within said District, including all pipe, f1 ttings, va 1 ves, accessories, engineering, ins talla tion, ins::'ec tion and incidental expenses, whlch is to be specially assessed apainst the property within said District, is One 'l'housand Two Hundred Sixty and nO/lOa ($1,260.00) Dollars. The total a ctual area of a 11 property within the proposadDistrict, exclusive of streets, alleys, avenues and public places, Is '79,380 square feet. Payment for the irrprovement is to be made in ten (10) annual install~ ments over a period of nine (9) years, wi th interest on the deferred pay~ ments 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. The first of said installments shall be paid I on or before thethlrtieth day Of. November in the wear in which the improve~ ment within the District 1s completed. For a description of the boundaries of said Special Improvement District No. 364 reference is hereby made to Resolution No. 696 of the Commission of The City of Bozeman, 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 Bozewan, State of Montana, and open for inspection to all in teres ted parties and the plJblic generally. This notice is ~iven pursuant to the provisions of Section ll~22U4 Revised CQdes of Montana, 1947. Dated this 20th day of October, A.D. 1950. By order of the Corom:: s 2ion of the Ci ty of Bozeman. 4~ Clerk 0 the ty ommission . Published in the Bozeman Daily Chronicle October 26th, 1950. I. Sta te of Montana ) Ss County of Gallatin) I, L. G. Shadoan, Clerk of the Commission of the City of Bozeman, do hereby certify tha t t' e foregoing Notice was published a t length in the Bozeman Daily Chronicle, a newspaper of gnenral circulation p~inted and published in said City, in the issue of October 26, 195U, and that due proof is on file in my office. IN WITNESS WFlliREOF I hereunto set my hand and affix the seal of my office this 27th day of October, L950. ... ~ /,,~ Cl~k o' the 1,ty Commission Resolution No. 696 -_._~--~