HomeMy WebLinkAboutResolution 686 Intention to create SID 363
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COMWISSION RESOLUTION NO. 686
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA,
DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO CREATE
A
SYECIAL IMPROVE~~NT DISTRICT OF SAID CITY TO BE KNOWN AND DESIGNATED
AS "SPECIAL IMPROVEMENT DISTRIC NUMBER 363 FOR THE PURPOSE
OF CONSTRUCT+
ING AND INSTALLING A SIX INCH WATER MAIN ON WP~S'T' BEALL STREET
BETWEEN
NORTH THIRD AVENUE AND NORTH FIFTH AVENUE IN THE CITY OF BOZEMAN,
MONTANA, AND TO SPECIALLY ASSESS TIill COST OF SUCH CONSTRUCTION
AND
INSTALLA TION AGAINST THE PROPErTY WITHIN THE BOUNDARIES OF
SAID SPECIAL
I
IMPROVEMEN'I' DISTRICT SO CREA TED 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
Ci ty, to be known and designated as Special Improvement District
No. 363,
for the construction of a six inch water main on West Beall Street between
North Third Avenue and North Fifth Avenue in said City of Bozeman, Montana.
Section 2
Boundaries of District
The boundary of said Special Improvement District Number 363
shall
be as follows:
Beginning at a point on the west line of North Third Avenue
50' north of the north l1ne of West Beall Street; THENCE west
along
a line 50' north of and parallel with the north line of West
Beall
Street to the east line of North Fifth Avenue;
THENCE south along
the east line of North Fifth Avenue to a point 50' south of
the
south line of West Beall Street; THENCE east along a line 50'
south
of and parallel with the south line of West Beall Street Ito
the wast
I
line of North Third Avenue;
THENCE north along the west line of
North Third Avenue to the point of beginning.
Sec tion 3
Benefits Declared
It is hereby declared by the Commission of The City of Bozeman
that all
the land within the boundaries of the said proposed Special Improvement
District Number 363, as said boundaries are specified and described in Section
2 of this Resolution, will be specially and equally benefited by the con-
struction and installation of said water main and should equally bear the
cost thereof in accordance with the laws of the State of Montana in
such
case made and provided.
Sec tlon 4
Character of Improvement
The character of
the improvement to be made within said proposed
Special Improvemen t Dis trict Number 363 is the cons truc tion and ins talla tion
of a water main, as stated and specified in Section 1 of this Resolution.
Sec tion 5
Area and Approximate eost
I
It is propsed to pay the cost of said Improvement by
assessing the land
within the boundaries of said proposed district
on a frontage basis, each
lot, piece and parcel of land within such boundaries
to be assessed therefor
in the proportion which its frontage bears to the frontage of all the land
wi thin such boundaries as described in Section 2 of this Resolu tion on the
front foot basis. The
total frontage of all the land within such boundaries
is 1179.79 front feet. The preliminary and approximate estimate
of the
cost of said improvement, incll1dinp all pipe, fittings,
valves, accessories,
214
engineerlnp;,
ins ta 11a tion, inspection and
incidental expenses if $2,095.UO.
The fron t foot8ge wi thin
the boundaries as
specified, exclusive of streets,
avenues,
alleys and public places, bein~ 1179.79 front feet,
the ra te of
assessment per front foot is estimated at $1.'775.
Section 6
payment of Cost
It is proposed to pay the entire cost and expense of the construction
I
and installation of said improvement with cash to be obtained from the sale
of bonds of said Special Improvement District No. 363, as authorized by law.
Such bonds will be in denominations of $lOO.UO each and fractions of $lOO.UO
where necessary,
to be issued and chargeable ageins t a fund to be known and
designated Special Improvement District No. 363 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 registra tion, whenever funds are a vaiIable in said
Special Improvement District No. 363 tor 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 annum, which interest
shall be chargeable as a part of the cost of the Construction and installation
of said improvement.
T~e bonds will be issued and sold in accordance with
the provisions of Section 11-2232 and Section 11-227,
Revised Codes of Montana,
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.
I
Section 7
Special Assessment
To Pay said bond a and the interest thereon,
representing the cos t of
making said improvement,
a special assessment shall ~e levied against all
of the land within the boundaries of said proposed Special Improvement
District No. 363, as defined in Section 2 of this Resolution,
1179.'79 front
feet, each front foot of said land to be assessed for its proportionate share
of such entire cost as finally determined,
said 1179.79 front feet being
exclusive of streets,
avenues, alleys and public places.
Section 8
Assessments Payable in Installments
That such special assessments on each separate lot,
parcel or piece of
land, on the front foot basis, within the boundaries of said Special Improve-
ment District No. 363 as hereinbefore defined,
shall be payable immediately
upon the final ascertainment and levy thereof in the manner prescribed by law,
or,
at the optionor the owner of such lots,
piece or parcel of land, or 10 ts ,
pieces and parcels of land held in the aggregate and in the same ownership,
I
in ten (IU)
equal (as nearly as may be)
annual installments commencing with
the
year in which such levy is made, as
by law provided, 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 at not to exceed six
(6%) per cent per annum.
Section 9
Revolving Fund
That payment of the bonds of said proposed Special Improvement District
~. "".-
No. 363 as to delinquencies and deficiencies, if any, will
be provided for 215
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,
buth sections included, Revised Codes of Montana,
1947, and any amendments
thereof or thereto.
Section 10
I
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 4th day of October,
195U, at the hour of l:uO 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. 363,
the
improvementpropsed to be made pursuant thereto, and the extent and character
thereof, or either thereof.
Section 11
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 Resoluti6n of Intention.
Adopted by the Commission of The City of Bozeman, Montana, at a stated
and regular session of said Commission held on the 13th day of September,
I
A.D. 195(). f ~
~~ I
Mayor
Ac?l .
Clerk O~..10n
NOTICE IN RE
COMMISSION RESOLUTION NO. 686 OF THE CITY OF BOZEMAN DECLARING THE
INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT
DISTR.ICT TO BE KNOvVN AND DESIGNATED AS "SPECIAL IMPROVEMENT DIS'1'RICT
NUMBER 363."
Notice is hereby given that on the 13th day of September, A.D. 1950,
at a regular meeting of the Connnis4ion of The City of Bozeman,
Commission
Resolution Number 686 entitled:
A RESOLUTION OF THE CITY CmffMISSION OE<' THE CITY OF BOZEMAN, MONTANA,
DECLARING IT TO BE TEE INTE1'!TION OF SAID COMMISSION TO CREATE A SPECIAL
IMPROVEMENT DISTRICT OF SAID CITY TO EE KNOWN AND DESIGNATED AS "SPECIAL
IMPROVEMENT DISTRICT NUMBER 363" FOR THE PUR')OSE OF CONSTRUCTING AND
INSTALLIHG A SIX INCH WATER MAIN ON WEST BEALL STREET
BETWEEN NORTH
THIRD AVENUE A1\'D NORTH FIFTH AVENUE IN THE CITY OF BOZEMAN, MONTANA,
Al\TD TO SPECTALLY ASSESS THE COST OF SUCH CONSTRUCTION AND INSTALLATION
AGAINST THE PROpTmTY WITHIN THE BOUNDARIES OF SAID SPECIAL IMPROVEMENT
I
DISTRICT SO CREATED ON A FRONT FOOT BASES,
PURSUSANT TO THE STA TUTES
IN SUCH CASES N-:ADE AND PROVIDED.
was passed and adopted.
Tua t Wednesda y,
the 4th day of October, A.D.
195U, at one 6~dlock P.M.
at the Co~mission Room of the City Hall, Bozeman,Montana,
is designated by
said Resolution No. 686 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 proposed Special Improvement
District No. 363 on West Beall Street between North Third Avenue and North
Resolution No. 686
216
Fifth Avenue in said City may appear and show cause, if any they have, against
said proposed improvement. Ob.jections must be made in writing and filed with
the Clerk of the City Commission not later than fifteen (15) days after the
date of the fipst publication of this Notice.
An approxiam te and pre liminary es tima te of the cos t of doing such work
and making such lmprovem.ent With..in sai. d Dlstri. ct, including all pipe, fittings, I
valves, accessories, engineering, inStallation, inspection and incidental
expenses, which is to be specially assessed against the property within said
District, is $2,095.00. The total actual frontage of all property within
the propsed District, exclusive of streets, alleys, avenues and public
places, is 1179.79 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, payable
annually, but this shall not be construed to prevent payment in full at any
regular payment date by any property owner.
For a description of the Boundaries of Said Special Impro~ement District
No. 363 reference is hereby made to Resolution No. 686 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 Hell of said City of Bozeman, State of Montana, and open for
ins pee tiOIl to a 11 in tere s ted pB rties and the public generally.
This notcie is given pursuant to the provisions of Section 11-2204
Revised Codes of Montana, 1947. I
Da ted this 13th da y of September, A.D. 1950.
Bu order of the Commission of the City of Bozeman
/~
r?'j .
Cier 0 the ty Commission
Published in the Bozeman Daily Chronicle September 16th, 1950.
S ta te of Mon tana )
) ss
County of Gallatin)
I, L. G. Shadoan, Clerk of the Commission of th.e City of Bozeman,
do hereby certify that the foregoing Notice was published by title
and number in the Bozeman Daily Chronicle, a newspaper of general cfr-
cula tioD prin ted and published in sa fd Ci ty, in the is sue of September
21st, 1950.
IN WITNESS ~rnEREOF I hereunto set my hand and affix the seal of
my office this 22nd da y of September, 195u. .' // . . I
oI~~
Clerk of the ty omm ss on