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HomeMy WebLinkAboutResolution 660 Creates SID No. 359 138 COMMISSION RESOLUTION NO. 660 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 SPECIAL IMPROVEMENT DISTRICT NO. 359 OF THE CITY OF BOZEMAN FOR THE PUR'" POSE OF CONSTRUCTING AND INSTALLING A SANITARY SEWER ON NORTH BLACK AVENUE BETWEEN COTTONNOOD AND TAMARACK STREETS IN SAID CITY. WHEREAS: There has been filed with the Clerk of the City Commission of the City of Bozeman, Montana, a petition in due form of certain property owners on North Black Avenue I between Cottonwood and Tamarack Streets asking that a special improvement district be created for the purpose of constructing and installing a sanitary sewer on said street; and WHEREAS: That at a regular meeting of the City Commission of the City of Bozeman held on the 21st day of September, 1949, the aforesaid petition was respectively considered and granted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY CO'M1HSSION 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. 359 of the City of Bozeman for the purpose of const- ructing and installing a sanitary sewer on North Black Avenue between Cottonwood and Tam- arack Streets in said City. Section 2. Boundaries. The boundaries of said proposed Special Improvement District Number 359 are described as follows: Beginning at the intersection of the center line of East Tamarack Street and the center line of the alley between North Black Avenue and North Tracy Avenue; thence south along the center line of said alley to the center line of East Cottonwood Street; thence east along the center line of East Cottonwood Street to the center I line of the a Lley between North Black A venue and North Bozeman Avenue; thence north along the center line of said alley to the center line of East Tamarack Street; thence west along the center line of East Tamarack Street to the point of beginning. Section 3. Character of Improvements. The character of the improvement to be made in Special Improvement District No. 359 is the construction and installation of an eight (8" ) inch sanitary sewer on North Black Avenue from East Cottonwood Street to East Tam- arack Street. Section 4. Estimate of Cost. The preliminary estimate of the cost of the improve- ment to be made within Special Improvement District No. 359, including trenching, mater- ial, installation, engineering and incidentals, is Two Thousand Four Hundred Thirty-nlne and no/lOOths Dollars ($2,439.00). See tion 5. Method of Assessment. The preliminary estimate of cost of said improve- men ts , including trenching, ma tarial, installation, engineering and incidentals as set forth above, is to be assessed against the property within said District on a front foot basis. The estimated rate of assessment is Two Dollars and 3/100ths ($2.03) Dollars per front foot. Section 6. Actual Frontage of District. The total ac~!al frontage of all property I within sAid proposed Special Improvement District No. 359 is 1200 feet, which is the frontage on which all protests will be received, considered, and determined. Sec tion 7. Paymen ts. That payments for sald improvements shall be made in ten (10) annual installments extending over a period of nine (9) years, but this shall not be construed to prevent payment in full at any regular payment date by any property owner who desires to do so. 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 - ....-. 139 of bonds of said Special Improvement District No. 359, as authorized by law. Such bonds will be in denominations of $100.00 each and fractions of $100.00 where necessary, to be issued and chargeable against a fund to be known and designated as Special Improvement District No. 359 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 I funds ere available in said Special Improvement District No. 359 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%) 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 pro- visions of Chaptors 178 as to Section 5250 and of 179 as to Section 5277.3, both Chapters of the Laws of the 29th Legislative 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. Sec tion 8. Protests and Notice. 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 second day of NQvember, 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 I proposed Special Improvement District No. 359, the improvement proposed to be made pur- suant thereto and the extent and character thereof, or either thereof; and 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. Adopted by the Commission of the City of Bozeman, Montana, at a regular and stated session of said Commission held on the 13th day of October, A.D. 1949. At te s t : ~~~ eL t:hJAAAA/]~ / lerk of the Commission Mayor v NOT ICE ----...... COMMISSION RESOLUTION NO. 660 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. 359." Notice is hereby given that on the 13th day of October, A.D. 1949, at a regular meet- ing of the Commission of the City of Bozeman, Commission Resolution No. 660 entitled: 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 SPECIAL IMPROVE;MENT DISTRICT NO. 359 OF THE CITY OF BOZEMAN FOR THE PURPOSE I OF CONSTRUCTING AND INSTALLING A SANITARY SEWER ON NORTH BLACK AVENUE BETWEEN COTTON- WOOD AND TAMARACK STREETS IN SA ID CITY. was passed and adopted. That tNednesday, the second day of November, A.D. 1949, at one o'clock P.M. at the Commission Room of the City Ball, Bozeman, Montana, is designated by said Resolution No. 660 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. 359, on North Black Avenue from East Cotton- wood Street to East Tamarack Street, may appear and show cause, if any they have, against Resolution No. 660 - Page 2 140 said proposed improvement. Objections must be made in writing and filed with the Clerk of the City Commission not later than fifteen (15) da~rs after the date of the first pub- lication 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 District, is $2,439.00. The total actual frontage of all property wi thin the proposed I District, exclusive of streets, alleys, avenues and public places, is 1200 feet. Payment for the improvement is to be made in ten (lO) annual 1nstallments 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 pay- ment in full at any regular payment date by any property owner. For a description of the boundaries of said Special Improvement District No. 359 reference is hereby made to Resolution No. 660 of the Commission of the City of Bozeman declaring the intention to create said District, which 18 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 13th day of October, 1949. By order of The Commission of the City of Bozeman. cl~~ ~ rk of the City Commission I State of Montana } ) ss 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 printed and published in said City, in the issues of October 15th through October 20th, 1949, 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 21st day of October, 1949. ~~ C erk 0 the City Commission I Resolution No. 660 ... Page 3 -- ..........----- --