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HomeMy WebLinkAboutResolution 654 Creates SID No. 358 121 COMMISSION RESOLUTION NO. 654 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS sprCIAL IMPROVEMENT DISTRICT NO. 35B OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING A STORM SEWER IN THE FIRST ALLEY SOUTH OF EAST MAIN STREET BETWEEN SOUTH BOZEMAN A VENUE AND SOUTH TRACY A VENUE IN SAID CITY. WHEREAS: There has been filed with the Clerk of the City Commission of the City of I Bozeman, Montana, a petition in due form of certain property owners owning property abutt~ ing on the first alley south of East Main street between South Bozeman Avenue and South Tracy Avenue, asking that a special improvement district be created for the purpose of con~ struoting and installing a storm sewer in said alley; and WHEREAS: That at' a regular meeting of the City Commission of The City of Bozeman held on the 13th day of July, 1949, the aforesaid petition was respectively considered and granted; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF BOZEMAN: Section 1. Declaration of Intention. That it is hereby declared to be the intention of The City of Bozeman to create a special improvement district to be known and designated as Special Improvement District No. 358 of The City of Bozeman for the purpose of con8truct~ ing and installing a storm sewer in the first alley south of East Main street between South Bozeman and South Tracy Avenue in said City. Section 2. Boundaries. The boundaries of said Speoial Improvement District No. 358 are described as follows: Beginning at the northeast corner of Block B, Original Townsite of The City of Bozeman I Mon tana , thence south along the west line of South Bozeman AVenue to the north line of East Babcock Street, thence west along the north line of East Babcock Street to the east line of South Tracy Avenue, thence north along the east line of South Tracy Ave. to the south line of Main Street, thence east along the south line of Main Street to the point of beginning. Section 3. Character of Improvements. The character of the improvement to be made in Special Improvement Distriot No. 358 is the construction and installation of an eight (8") inch storm sewer with necessary inlets and one manhole, said storm sewer to be located in the first alley south of East Main Street between South Bozeman Avenue and South Tracy Avenue. Section 4. Estimate of Cost. The preliminary estimate of the cost of the improvement to be made within Special Improvement Distriot No. 358, including trenching, material, inst- allation, engineering and incidentals, 1s Three Thousand Five Hundred Twenty.seven and 12/ lOOths ($3,527.12) Dollars. Section 5. Method of Assessment. The preliminary estimate of cost of said improve- ments, including trenching, material, installation, engineering and incidentals as set forth above, is to be asse~sed against the property within said District on a front foot basis. The estimated rate of assessment is Two and 794/lUOOths ($2.794) Dollars per front foot. See tion 6. Actual Frontage of District. The total actual frontage within said pro~ I posed Special Improvement District No. 358 is 1262 feet, which 1s the frontage on which all protests will be received, considered and determined. Sec tion 7. Payments. That payments for said improvements shall be made in five (5) annual ins tallments extending OVer a period of four (4) years, but this shall not be const- rued to prevent payment in full at any regular payment date by any property owner who des~ ires to do so. It is proposed to pay the entire cost and expense of the oonstruction and installation of sRid improvement with cash to be obtained from the sale of bonds of Said Special Improvem.ent District No. 358, as authorized by law. Such bonds will be in denom- 122 inatioDS of $100.00 each and fractions of $100.00 where necessary, to be issued and charge- able against a fund to be known and designated as Special Improvement District No. 358 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. 358 for that purpose. Said bonds shall draw a simple int- erest from the date of their registration until called for payment, at a rate not exceed- I Ing 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. The bonds will be issued and sold in accordance with the provisions of Section 5250 and Section 5277.3, Revised Codes of Montana, 1935, as said sections are amended by the provisions of Chapter 178 as to Section 5250 and of 179 as to Section 5277.3, both Chapters of the Laws of the 29th Leg- islative Assembly of the State of Montana, 1945, and all other applicable provisions of Chapter 398 of the Political Code, Revised Codes of Montana, 1939, relating to special improvement districts in cities and towns, and any amendments thereof or thereto. Section 8. Protests and Notice. That the regular session of the Commission of The City of Bozeman to be held at the Commission Chamber, City Hall Building, Bozeman, Montana, on Wednesday, the 7th day of September, A.D. 1949, at the hour of one 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. 358, the improvement proposed to be made pursuant thereto and the extent and character thereof, or either thereof; and the Clerk of the City Comm- ission be, and he is hereby, direoted to give notice in the manner and ,for the time as by I law required, of the adoption of this Resolution of Intention. Adopted by the Commission of The City of Bozeman, Montana, at a regular and stated session of said Commission held on the 17th day of August, A.D. 1949. Atte~ ~ (!~ %~ ~ o~a ty Commission Me yor NOTICE IN HE COMMISSION RESOLUTION NO. 654 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 NO. 358." Notice is hereby given that on the 17th day of August, A.D. 1949, at a regular meeting of the Commission of The City of Bozeman, Commission Resolution No. 654 entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN DECLARING IT TO BE THE INT- ENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 358 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONST- RUCTING AND INSTALLING A STORM SEWER IN THE FIRST ALLEY SOUTH OF EAST MAIN STREET BETWEEN SOUTH BOZEMAN AVENUE AND SOUTH TRACY AVENUE IN SAID CITY, was passed and adopted. I That Wednesday, the seventh day of September, A.D. 1949, at one o'clock P.M. at the Commission Room of the City Hall, Bozeman, Montana, is designated by said Resolution No. 654 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. 358, abutting on the first alley south of East Main Street between South Bozeman Avenue and South Tracy Avenue in said city, may appear and show cause, if any they have, against said proposed improvement. Objections must be made Resolution No. 654 - Page 2 .. -- -...-- -..- 123 in writing and filed with the Clerk of the City Commission not later than fifteen (15) da ys after the da te of the firs t publication of this notice. An approximate and preliminary estimate of the cost of doing such work and making such improvement, which is to be specially assessed against the property within said Dist- rict, is $3,527.12. The total actual frontage of all property within the proposed District, I exclusive of streets, alleys, avenues, and public places, is 1262 feet. Payment for the improvement is to be made in five (5) annual installments over a period of faur (4) 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 Improvement District No. 358, ref- erence is hereby made to Resolution No. 654 of the Commission of the City of Bozeman declar- ing 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 Bozeman, State of Montana, and open for inspection to all interested parties and the public generally. This notice is given pursuant to the provisions of Section 5227, Revised Codes of Montana, 1935. Dated this 17th day of August, A.D. 1949. By order of the commission of the City of Bozeman. I ~:!~ C erk of the City Commission Sta te of Montana ) ) sa County of Gallatin) I, L. G. Shadoan, Clerk of the Commission of the City of Bozeman, do hereby certify that the foregoing Notice was published at length in the Bozeman Daily Chronicle, a daily newspaper of general circulation printed and published in said City, in the issues of the I~t:/ day of August through the ,~~ day of August, both dates inc~ls1~e, 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 ~ day of August, 1949. d~~ the City Commission I Resolution No. 654 - Page 3