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HomeMy WebLinkAboutResolution 621 Creates SID No. 347 14 COMMISSION RESOLUTION NO. 621 A RESOLUTION OF THE CITY COMMISSION OF TIm CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO CREATE A SPECIAL IMPROVEMENT DIST. RICT OF SAID CITY TO BE KNOWN AND DESIGNATED AS "SPECIAL IMPROVEMENT DISTRICT NUMBER 347" FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING WATER MAINS IN NORTH 4TH AVENUE AND NORTH 5TH AVENUE FROM VILLARD STREET TO DURSTON ROAD, IN VILLARD STREET FROM 4TH AVENUE TO 5TH AVENUE AND IN DURSTON ROAD FROM 3RD AVENUE TO 5TH AVENUE, AND TO SPECIALLY ASSESS THE COST OF SUCH CONSTRUCTION AND INSTALLATION AGAINST THE PROPERTY WITHIN THE BOUNDARIES OF SAID SPECIAL IMPROVEMENT DISTRICT I. so CREATED, ON A FRONTAGE 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 City, to be known and designated as Special Improvement District Number 347, for the construction of six inch Water Mains on North 4th Avenue and North 5th Avenue from Villard Street to Durston Road, on Villard Street from 4th Avenue to 5th Avenue and on Durston Road from 3rd Avenue to 5th Avenue. Section 2 Boundaries of District The boundary of said Special Improvement District Number 347 shall be as follows: Beginning at the point of intersection of the center line of the alley between 5th Avenue and 6th Avenue and the center line of West Villard Street to the center line of North 5th Avenue; thence south along the center line of North 5th Avenue to the center line of the alley between West Beall Street and West Villard Street; thence east along the center line of said alley to the projected east line of Block 5 of Karps Addition; thence north along a line coinciding with the East line of Block 5, Block 4, and Block 1, Karps Addition, to a point on the south line of the S.E.! of I Section 1, T. 1 South of Range 5 East, 286 feet West of the Southeast corner of said section; thence north 166.5 feet; thence west on a line parallel with the south line of Durston Road to the east line ot 5th Avenue extended; thence south 162.5 feet to a point on the south line of the S.E.t of Section 1 T. 1 South of Range 5 East, 722.5 feet west of the Southeast corner of said Section 1; the nce south to the Northwest corner of Block 2, Karps Addition; thence west along the north line of said Block 2 extended and along the north line ot Block 1 of the Violett Addition to the center. line of the Alley between 5th Avenue and 6th Avenue; the nce south along the center line of said Alley to the point of beginning on Villard Street. Section 3 Benefits Declared It 1s hereby declared by the Commission of The City of Bozeman, tha t all of the . land within the boundaries of the said proposed Special Improvement District No. 347 as said boundaries are specified and described in Section 2 of this Resolution, will be specially and equally benefited by the construction and installation of said water mains and should equally bear the cost thereof in accordance with the laws of The Ssate of Montana in such case made and provided. Section 4 Character of Improvement The character of the improvement to be made within said proposed Special Imp. rovement District No. 347 is the construction and installation of water mains as stated and specified in Section 1 of this Resolution. I Section 5 Area and Approximate Cost It is proposed to pay the cost of such improvement by assessing the land within the boundaries of said proposed district, on a frontage basis, 8ach 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 land within such boundaries as described in Resolution No. 621 15. Section 2 of this Resolution on the front foot basis. The total frontage of all the land within such boundaries is 4071.1 feet. The preliminary and approximate estimate of the cost of said improvement, including all pipe, fittings, valves, accessories, engineering, ins talla tion, inspection and incidental expenses is $11,392.82. The front footage within the boundaries as specified, exclusive of streets, avenues, alleys and I public places, being 4071.1 feet, the rate of assessment per front foot is estimated at $2.80 Section 6 Payment of Cost It is proposed to pay the entire cost and expense of the construction and install- ation of said improvement with cash to be obtained from the sale of bonds of said Special Improvement District No. 347, 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 Dist- rict No. 347 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. 347 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 inter- est 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 pro- visions of Section 5250 and Section 5277.3, Revised Codes of Montana, 1935, as said I sections are amended by the provisions of Chapters 178 as to Section 5250, and by Chapter 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 applice:b1e._"prov1sions 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 7 Special Assessment To pay said bonds and the interest thereon, representing the-'costof making said improvement, a special assessment shall be levied against all the land within the boundaries of said proposed Special Improvement District No. 347, as defined in Section 2 of this Resolution, 4071.1 front feet, each front foot of said land to be assessed for its proportionate share of such entire cost as finally determined, said 4071.1 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, piece or parcel of land, on the front foot basis, within the boundaries of said Special Improvement District No. I 347 as hereinbefore defined, shall be payable immediately upon the final ascertain- ment and levy thereof in the manner prescribed by law, or, at the option of the own- er of such lots, piece or parcel of land, or lots pieces and parcels of land held in the aggregrateisnd in the same ownership, in ten (10) 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. Resolution No. 621 16 Section 9 Revolving Fund The payment of the bonds of said proposed Special Improvement District No. 347 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 5277.1 to 5277.5, both sections included, Revised Codes of Montana 1935, and any amendments thereof or thereto. I Section 10 . 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 19th day of May, A.D., 1948, at the hour of 1:00 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 Dist.. rict No. 347, The improvement proposed 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 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 In ten tion . Adopted by the Commission of the City of Bozeman, Montana, at a stated and regular session of said Commission held on the 28th day Of" AP,riY:D., 19:8. . I ~/P(J )!Ji)J, 1 ;'M~, in>! I ATTEST: _ ._. ' Mayor ~~~~~ion NOTICE IN RE CITY COMMISSION RESOLUTION NO. 621 NOTICE IS HEREBY GIVEN, That at a stated and regular meeting of the City Commission of The City of Bozeman, Montana, held on the 28th day of April, 1948, a resolution of said Commission was duly passed and adopted declaring it to be the intention of said Commission to create a Special Improvement District to be known and designated as Special Improvement District No. 347 of The City of Bozeman, for the purpose of making and installing the improvements described as follows~: The construction and installation of six inch water mains on North 4th Avenue and North 5th Avenue from Villard Street to Durston Road, on Villard Street from 4th Avenue , to 5th Avenue, and on Durston Road from 3rd Avenue to 5th Avenue. Said Resolution, which is Commission Resolution No. 621, fUrther declares it to be I the intention of said City Commission to assess the entire cost and expense of making . and installing said improvements against the property within the boundaries of said proposed Special Improvement District No. 347 as defined in said Resolution of Intention No. 621, on a frontage basis, each front foot of each lot, piece and parcel of land with" in such boundaries to be so assessed in the proportion that it bears to the front foot- age of all the land within the boundaries of said proposed Special Improvement District Resolution No. 621 17,.: ~", No. 347, exclusive of streets, avenues, alleys and public places. The estimated cost of said improvements is $11,392.82, and the total front footage of the area to be assessed, as aforesaid, is 4071.1 feet; the estimated rate of assess- ment per front foot being $2.80. Tha t Wednesday, the 19th day of May, 1948, at 1:00 o'clock P.M., being the regular I and stated meeting time of said City Commission, at the Commission Chamber in the City Hall Building, Bozeman, Montana, has been designated as the time and place when and where said City Commission will hear and pass upon all protests duly and regularly made and filed against said proposed improvements and the creation of said proposed Special Improvement District No. 347, or either, or both. 'Any time within fifteen (15) days after the first publication of this notice any property owner whose property liable for assessment on account of said proposed improve- ments may in person or by duly authorized agent make protest against the same, the extent or character thereof, or against the creation of said proposed improvement district, or either or any thereof, in the manner as by law provided. Such protest must be in writing and delivered to the Clerk of the City Commission at his office in the City Hall Building, Bozeman, Montana, not later than five (5) o'clock P.M. of the last day within said fifteen (15) day period, (May 17, 1948) and such protests, if any, will be duly considered and passed upon by the City Commission at the time and place as aforesaid. For a description of the boundaries of said proposed Special Improvement District No. 347, reference is made to City Commission Resolution No. 621, declaring said Commission's I intention to create said district, which said resolution of intention to create said district is on file in the office of the undersigned Clerk of the City Connitission, in the City Hall building, Bozeman,.Montana, and open to the inspection of all interested persons, and to the general public, during the regular office hours of said Clerk. Dated at Bozeman, Montana, this 1st day of May, 1948. ~~~ C erk 0 the City Commission S ta te of Mon tana ) ) 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 newspaper of general circulation printed and published in said City, in the issue of May 2nd, 1948, and that due proof is on file in my office. IN WITNESS WHEREOF I hereunto set my hand and affix the seal of my offioe this 3rd day of May, 1948. ~;{~~10n I sa I, L. G. Commission of the City of Bozeman, do hereby certify that the foregoing Resolution No. as published by title and number in the Bozeman Daily Chronicle, a newspaper of general c tion printed and published in a aid City, in the issue of and that due pr s on file in my office. IN WITNESS WHEREOF I hereunto set my hand and affix al of my office this Resolution No. 621