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HomeMy WebLinkAboutResolution 600 Creates SID No. 345 - .--------- 4'-7 .... .;} COMMISSION RE2DLUTION NO. 600 A RESOLUTION OF THE COIidVI1SS10N OF THE CITY OF BOZEMAN, MONTANA DECLAR.LNG IT TO BE 'rHI. INTENrr .LON OF BALD COlviM...S310N TO CREATE A SPE.CIAL IMPROVEMENT D1STRl.CT OF SA1D C lTY TO BE KNOWN AND DESl.GNATED AS SPECIAL IMPROVEME1-JT Dl.STR1CT NUMBER 345, FOR THE PURPOSE OF CONSTHUCTING AND INSTALLING WATER MAINS IN TRACY A VENU E, NORTH, FROM THE PRESENT WA'rEH MAIN 'rEHlvllNUS AT ASPEN STREET TO A POINT NIN~TEEN (19) FEET SOUTH OF THE NORTH LINE I OF TAMARACK STREET, SAID WATER MAIN TO BE SIX INCHES IN SIZE: ALSO A }<'OUR-INCH EXTENSION ALONG TAMARACK STH11T FroM THE END OF SAID SIX-INCH MAIN TO illNdECT WJ..TH PRESENT SIX-INCH MAIN IN BLACK A VENUE, NORTH: AND TO SPEC lALLY AS.SESS THE COST OF SUCH CONSTRUCTION AND INSTALLATION AGAJ..NST 'rHE PROPEHTY WITHIN THE BOUNDARIES OF SUCH SPEGLAL IMPROVEMENT DJ..STRlCT S) CREATED, ON THE AREA BASIS, PURSUANT TO THE STATUTES IN SUCH CASE MADE AND PliO VIDED. BE IT RESOLVED BY THE CO MMISS10N 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 improve- ment district of said City, to be known and designated as Special Improvement District Number 345, for the construction and installation of a 6-inch water main from the present water main terminus in Tracy Avenue, North, at Aspen Street, to a point 19 feet south of the north line of Tamarack Street, said water main to be six (6) in ch e s in size; also a four-inch (4) water main extension along Tamarack Btreet from the end of said 6-inch main to connec~ with the present 6-inch main in Black Avenue, North; and to specially assess the cost of such construction and installation against the property within the boundaries of such special improvement district so created, on the I area basis, as by law provided. Section 2. BOUNDARIES OF D1STRICT. The boundaries of said proposed Special Im- provement District No. 345 shall be as follows: Beginning at a point in the North line of Aspen Street where it is intersected by the center line of the alley between Black Avenue, North and Tracy Avenue, North; thence West along said North line of Aspen ~treet to the center of the alley between Tracy Avenue, No rth, and Willson Avenue, North; thence North along the center line of said last described alley to the North line of Tamarack Street; thence East along the North line of Tamarack Street to the West line of Tracy Avenue, North; thence North along the West line of Tracy Avenue, North, to a point 100 feet North of the North line of Tamarack Street; thence East and parallel with and 100 feet North of the North line of Tamarack Street to the center line of Black Avenue, North; thence South along the center line of Black Avenue, North, to a point 100 feet South of the South line of Tamarack ~treet; thence West parallel with and 100 feet South of the South line of Tamarack Street to the center line of the alley between Black Avenue, North, and Tracy Avenue, North; thence South along the center line of said alley to the place of beginning. Section 3. BENEFITS DECLARED. It is hereby declared by the Commission of The City of Bozeman that all of the land within the boundaries of said proposed Special Improvement District No. 345 as said boundaries are specified and described in Section 2 of this Resolution, will be specially and equally benefitted by the construction and I installation of said water mains and should equally bear the cost thereof in accordance with the laws of The State of Montana in such case made and provided. Section 4. CHARA'CTER OF IMPROVEMENT. The character of the improvement to be made within said proposed Special Improvement District No. 345 is the construction and in- stallation of water mains as specified and stated in Section 1 of this Resolution. Commission Resolution No. 600 -----.- 4t-R .~J . Section 5. AREA AND APPROXIMATE COST. It is proposed to pay the cost of said improvement by assessing the land within the boundAries of said proposed district on the area basis, each 10 t, piece and parcel of land within such boundaries to be assess- ed therefor in the proportion which its area bears to all of the land within such boundaries as described in Section 2 of this Resolution, on the square foot basis. -I The total area of all of the land within such boundaries, exclusive of streets, avenu- es, alleys and public places, is 128,400 square feet. The preliminary and approximate estimate of the cost of such improvement, including pipe, fittings, valves, installa- tion, engineering, inspection and incidental expenses, is $2,667.70, if cast iron pipe is used, and $2,021.80 if "Transite" pipe is used. On the basis of 128,400 square feet to be assessed, the rate of assessment per square foot if cast iron pipe is used, is estimated at $0.020776 per square foot, and if "Transite" pipe is used at $0.01575 per square foot, cast iron fittings to be used in either case. Section 6. PAYMENT OF' COST. It is proposed to pay the entire cost and expense of said improvement with cash to be obtained from the sale of bonds of said proposed Spec- ial Improvement District No. 345 if and when created and the improvement made, as author- ized by law. Such bonds will be in the denomination of $100.00 each a nd fractions of $100.00 where necessary, to be issued and chargeable against a fund to be known and designated as Special Improvement District Number 345 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 regi stration, whenever fund s are avalla ble in sai d Speci 901 Improvemen t I District No. 345 Fund for that purpose. Said bonds shall draw 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 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 amended, and all other applicable provisions and requirements of law of The State of Montana relating to special improvement districts in cities and towns of the state. Section 7. SPECIAL A5.SESSMENT. To pay s aid bonds and the interest thereon, re- presenting the cost of said improvement, a spec ial assessment shall be levied against all of the land within the boundaries of said proposed Special Improvement District No. 345 as said boundaries are defined in Section 2 of this Resolution, 128,400 square feet, exclusive of streets, avenues, alleys and public places, each square foot of said area to be assessed for its proportionate share 0 f such cos t as finally determined. Section 8. ASSESSMm~TS PAYABLE IN INSTALLMENTS. That such special assessments on each separate lot, piece or parcel of land, on the area basis, within the boundar- ies of said Special Improvement District No. 345 as hereinbefore defined, shall be 1 payable immediately upon the final ascertainment and levy thereof in the manner as by law provided, or, at the option of the owner of Slch lot, piece or parcel of land, or lots, pieces and parcels of such land held in the aggregate and 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 Resolution No. 600 -.-- 4r)~) bear interest from the date of such levy until paid at the rate at which the bonds to pay the cost of such improvement are sold and issued, and at not to exceed six (6%) per annum. Section 9. REVOLVING FUND. The payment of the bonds of said proposed Special Improvement District No. 345 as to delinquencies and deficiencies in the payment of I. assessments, if any, will be provided for under the provisions of Ordinance No. 612 of The City of Bozeman setting up a Revolving Fund for such purpose pursuant to the provisions of Sections 5277.1 to 5277.5, both sections included, Revised Codes of Montana 1935 and any amendements thereof or thereto. Section 10. TIME FOR PROTESTS. That the regular meeting of the City Commission of The City of Bozeman to be held at the Commission Chamber, City Hall Building, Bozeman, Man tana, on Wednesday the 11th day of June, 1947, at the hour of one o'clock P.M. of said day, at the time and place when and where the City Commission will hear, consider and pass upon all protes:ts duly and requle.rly made and filed against the creation of said proposed Special Improvement District No. 345, the improvement propos- ed 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 Resolution of Intention. Passed and adopted by the Commission of The City of Bozeman, Montana, at a stated I and regular session of said Commission held on the 14th day of May, 1947. 7~"-MaYor. NfTEST: r-I)~~~~ Clerk of the City Co~ssion. NOTICE ------- NOTICE IS HEREBY GIVEN, That at a stated and regular meeting of the City Commission of The City of Bozeman, Montana, held on the 14th day 0 f May, 1947, a resolution of said Commission was duly passed and adopted declaring it to be the intention of said Commis- sion to create a special improvement district to be known and designated as Special Im- provement District No. 345 of The City of Bozeman, for the purpose of making and install- ing the improvement described as follows: The character of the improvement to be made within said proposed Special Improvement 1 District No. 345 1s the construction and insta.ll.gtion of water mains as follows:: A six- inch water main from the present water main terminus in Tracy Avenue, North, a t Aspen street to a point 19 feet South of the North line of Tamarack Street; also a four-inch water main extension along Tamarack street from the end of s aid six-inch main to connect with the present six-inch main in Black Avenue, No rth; and to specially assess the cost of such construction and installation against the property within the boundaries of said - special improvement district so created, on the area basis, as by law provided. Resolution No. 600 4 f)() Said Resolution, which is Commission Resolution No. 600, further declares it to be the intention of said Commission to assess each lot, piece and parcel of land within the boundaries of said proposed Special Improvement District No. 345, exclusive of streets, avenues, alleys and public places, for its proportionate share of such co st a s finally determined, in the proportion to which each such lot, piece or parcel of land bears to the entire area of the land within such district, with the exclusions I as stat ed. The preliminary estimate of the cost of said improvement is $2,667.70 if cast iron pipe is used, and $2,021.80 if "Transite" pipe is used. The area of said pro- posed special improvement district, exclusive of streets, avenue s, alleys and pUblic places, is 128,400 square feet, and ~he rate of assessment per square foot to be assess- ed is $0.020776 if cast iron pipe is used, and $0.01575 per square foot if "Transite" pipe is used, cast iron fittings to be used in either case. That Wednesday, the 11th day of June, 1947, at the hour of one o'clock P.M. of said day, being a regular and stated meeting of the 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, consider and pass upon all protests duly and regularly made and filed against the creation of said proposed Special Improvement District No. 345, or against the extent or character of the propos- ed improvement, or either or any thereof. At any time within fifteen (15) days after the first publication of this notice, I any property owner whose property will be liable for assessment on account of said proposed improvement may in person or by duly authorized agent make protest against the same or against either or any thereof, in the manner and form as by law provided. Such protest must be in writing and be 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 f if teen (15) days period; and such protests, if any, will be duly heard, considered and passed upon by the said City Commission at the time and place as aforesaid. For a description of the boundartes of said proposed Special lmprovement District No. 345, reference is made to City Commission Resolution No. 600, declaring it to be the intention to create said district, whi ch said resolution of intention is on file in the office of the undersigned Clerk of the City Commission, in the City Hall Build- ing, Bozeman, Montana, and open to the inspection of all interested persons, an d to the general public, during the regular office hours of said Clerk. Dated at Bozeman, Montana, this 22nd day of May, 1947. ,j-: ~JV~~ I C-lerk' of the City Cornmis sion. (First Publication May 23rd. 1947 ) Resolution No. 600 461 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 I newspaper of general circulation printed and published in said City in the issue of May 23rd, 1947, and that due proof is on file in my office. IN WITNESS WHEREOF 1 hereunto set my hand and affix the seal of my office this 24th day of May, 1947. ~~~~- . Clerk of theCi ty Commis sion. I I Resolution No. 600