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HomeMy WebLinkAboutResolution 645 Creates SID No. 357 96 COMMISSION RESOLUTION NO. 645 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN DECLARING IT TO BE THE INTEN'l'ION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 357 OF THE CITY OF BOZEMAN FOR TIm PURPOSE OF CONSTRUCTING AND INSTALLING A SANITARY SEWER ON WEST BEALL STREET BETWEEN THIRD A VENUE AND FIFTH A VENUE IN SAID CITY. WHEREAS: There has been filed with the Clerk of the City Commission of The City ot I Bozeman, Montana, a petition in due form of certain property owners on West Beall Street between North Third Avenue and North Fifth Avenue 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 20th day of April, 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 Number 357 of The City of Bozeman for the purpose of constructing and installing a sanitary sewer on West Beall Street between North Third Avenue and North Fifth Avenue in said City. Section 2. Boundaries. The boundaries of said proposed Special Improvement District No. 357 are described as follows: Beginning at a point on the west line of North Third Avenue 50 feet south of the I south line of West Beall Street; thence west along'a line 50 feet south of and parallel with the south line of West Beall Street to a point 42 teet east of the east line of North Fifth Avenue; thence north along a line 42 feet east of and parallel with the east line of North Fifth Avenue to the North line of West Beall Street; thence east along the north line of West Beall Street to a point 125 feet east of the east line of North Fifth Avenue; thenoe north 50 feet; thence east along a line 50 feet north of and parallel with the north line of West Beall Street to a point 100 feet wes t of the west line of North Third Avenue; thence south to the north line of West Beall Street; thence east along the north" line of West Beall Street to the west line of North Third Avenue; thence south along the west line of North Third Avenue to the point of beginning. Section 3. Character of Improvements. The character of the improvement to be made in Special Improvement District No. 357 is the construction and installation of an eight (en) incn sanitary sewer main on West Beall Street between North Third Avenue and North Fifth Avenue. Section 4. Estimate of Cost. The preliminary estimate of the cost of the improvement to be made within Special Improvement Distriot Number 357, including trenching, material, installation, engineering and incidentals, is One Thousand Eight Hundred Sixty-Six C$1,866.00) Dollars. Section 5. Method of Assessment. The preliminary estimate of the cost of said improvements, including trenching, I material, installa tion, engineering and inciden tals as set forth above, is to be assess- ed against the property within sqid District on a front foot basis. The estimated rate of assessment is Two Dollars and 4/100tha ($2.04) Dollars per front foot. Section 6. Actual Frontage of Distriot. That the total aotual frontage of all property within said proposed Special Improve- ment District Number 357 is 912.79 feet, which is the frontage on which all protests will be reoeived, considered, and determined. .._.n_ 97 Section 7. fa ymen 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 1s proposed to pay the en tire cost and expense of the oonstruotion and installation I of said improvement with cash to be obtained from the s81e of bonds of said Special Improvement Distriot No. 357, 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 Speoial Improvement District No. 357 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. 357 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 oost 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 Legislative Assembly of the State of Montana, 1945, and all other applic- able 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 I or thereto. Section 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 first day of June, 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 Special Improvement District No. 357, the improvement proposed to be made pursuant thereto and the extent and character thereof, or e~ther thereof, and the Clerk of the City Commission be, and he Is hereby direoted to give notice in the manner and for the time as by law required, of the adopt- ion 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 11th day of May, A.D. 1949. CP~<!2 $~Fy1/ Attest: 'Mayor I ~~,.t~ C-lerk 0 the ty omm. asion Resolution No. 645 - Page 2 -- 98 NOTICE IN RE COMMISSION RESOLUTION NO. 645 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. 357". Notice 1s hereby given that on the 11th day of May, A.D. 1949, at a regular meeting of the Comm1ssion of the City of Bozeman, Commission Resolution No. 645 entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO I BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 357 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING A SANITARY SEWER ON WEST BEALL STREET BETWEEN THIRD A VENUE AND FIFTH A VENUE IN SAID CITY. was passed and adopted. That Wednesday, the first day of June, A.D. 1949, at one o'clock P.M. at the Comm- ission Room of the City Hall, Bozeman, Montana, is designated by said Resolution No. 645 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. 357. on West Beall Street between North Third Avenue and North Fifth Avenue in said City, and may appear and show cause, if any they have, against said improvement. Objections must be made in writing and filed with the Clerk of the City Commission not later than 15 days after the first publication of this Notice. An approximate and preliminary estimate of the cost of doing *uch .ork and making such improvement which is to be speoially assessed against the property within said District is $1,866.00. The total actual frontage of all property within the proposed District, exclusive of streets, alleys, avenues, and public places, 1s 912.79 feet. Pa oym.en t for the improvement 1s to be made in ten (lu) annual installments over a period of nine years with I 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 pay- ment date by any property owner. For a description of the boundaries of said Speo1.al Improvement District No. 357 reference is hereby made to Resolution No. 645 of the Commission of The City of Bozeman 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 Bozeman, State of Montana, and open for inspection to all interested parties and the public generally. This notioe is given pursuant to the provisions of Section 5227, Revised Codes of Montana, 1935. _..~,.- Dated this 11th day of May, A.D. 1949. By order of the Commission of the City of Bozeman. d~~10n State of Montana ) ) sS County of Gallatin) I, L. G. Shadoan, Clerk of the Commission of the City of Bozeman do hereby certify I that the foregoing Notice was published at length in the Bozeman Daily Chronicle, a news~ paper of general circulation printod and published in said City, in the issues of May 12, 1949 thru May 17, 1949, both dates inclusive, and that due proof 1s on file in my office. IN WITNESS WHEREOF I hereunto set my hand and affix the seal of my offioe this 17th day of May, 1949. . . ~I~n Resolution No. 645 - Page 3