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HomeMy WebLinkAboutResolution 602 Creates SID No. 346 .-...---- 465 COMMISSION REGOLUTION NO. 602 A RE3)LUTION OF THE CITY COMMISSION OF THE C';'TY OF BOZEMAN, MO NTANA, DECLARING IT TO BE THE INTENTION OF SAID CONu\lISSION TO GREATE A SPECIAL IMPROVEMENT DISTRICT OF SAID CI TY TO BE KNOWN AND DESIGNATED AS bPEClAL IMPROVEMENT DISTRICT NUMBER 346, FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING OF A SANITARY SEWER ON WEST LAMME STREET, IN SAID CITY, FROM. THE CENTER OF NINTH AVENUE, NORTH, WESTWARD TO THE CENTER OF THE I ALLEY BETWEEN TENTH A~D ELEVENTH AVENUES, NORTH, THEt-C E SOUTH ALONG SA.iD ALLEY TO THE C ENTER OF MENDENHALL -STREET, AND TO SPECIALLY AS.sES5 THE COST THEHEOF AGAINST THE PROPERTY WITHIN THE BOUNDARIES OF SAID SPECIAL IMPROVEMENT DISTRICT, ON THE AREA BASIS, EXCLUSIVE OP STREETS, AVENUES, ALLEYS AND PUBLIC PLACES, PURSUANT TO THE STATUTES IN SJCH CASE MADE AND PROVIDED. BE IT Rl';illLVED BY THE COMMISSION OF THE CITY OF BOZEl~iAN:. Section 1. DECLARATION OF' INTEJ~TION. 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 lcnown and designated as ,Special Improvement District No. 346, for the construction of a sanitary sewer in West Lamme Street, in s ai d (: i ty , from the center of Ninth Avenue, North, Westward to the center of the alley between Tenth and Eleventh Avenues, North, thence South along said alley to the center of Mendenhall Street, and to specially assess the cost thereof against the property within the boundar- ies of said district as hereinafter defined, on the area basis, exclusive of streets, avenues, alleys and public places. Section 2. BOUNDARIES OF' DISTRICT. The boundar ie s of s aid Special Improvement District No. 346 shall be as follows: I Beginning at a point in the center line of Ninth Avenue, North, said point being 150 feet North of the North line of West Lamme street, thence West parallel with and 150 feet North of the North line of West Lamme Street to the East line of Eleventh Avenue, thence South along the East line of Eleventh Avenue to the center line of West Mendenhall Street, thence East along the center line of West Mendenhall Street to the center line of Tenth Avenue, thence North along the center line of Tenth Avenue to a point 150 feet South of the South line of West Lamme street, thence East parallel with and 150 feet South of the South line of West Lannne street to the center line of Ninth Avenue, thence North along the center line of Ninth Avenue to the point 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 Im- provement District No. 346, as said boundaries are defined in Section 2 of this Resolu- tion, exclusive of streets, avenues, alley and public places, will be specially and equally benefitted by the construction and installation of said sewer and should equally bear the cost thereof in accordance with the laws of Montana in such case made and pro- vided. I Section 4. CHARACTER OF lMPROVEMENT. The character of the improvement to be made in s aid proposed Special Improvement District No. 346 1s the construction and installation of a sanitary sewer as specified and described in Section one of this Resolution. __on --- 4J)() See tion 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, ex- clusive of streets, a venue s, alleys and pUblic places, on the area basis, each lot, piece and parcel of land within such boundaries to be assessed therefor in the propor- tion which its area b ears to the area of all the land wi thin such boundaries, with the exclusions specified, as described in Section 2 of this Resolution, on the square foot I basis. The total area of all the land within such boundaries, with exclusions as stated, is 174,000 square feet, and a preliminary estimate, approximate, of the cost of said improvemen t, including sewer pipe, wyw branches, manholes, installation, engineering, inspection and incidental expense, is $3,079.00. The total assessable square footage within the boundaries as specified and with the exclusions as stated, 174,000 square feet, makes the estimated rate of assessment $0.0176954 per square foot. Section 6. PAYMENT OF COST. 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 of bonds of said Special Improvement District No. 346, 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. 346 Fund of The City of Bozeman. The bonds will be redeemable at the option of the City, single or in mul tiple s, and in the order of their registration, whenever funds are available in said Special Improvement District No. 346 Fund for that purpose. Said bonds will draw simple interest from the date of their re- I gistration until called for payment, at a re.te not exceeding six (6%) per cent per annum, which interest shall be chargeable as a part of the co s t 0 f the cons true t ion and in- stallation of said improvement. The bonds will be issued and sold in accordance with the provisions of Section 5250 and 5277.3, Revised Codes of Montana of 1935 as said sections are amended by the provisions of Chapter 178 as to Section 5250 and by Chapt- er 179 as to Section 5277.3, both Chapters of the Laws of the 29th Legislative Assemb- ly of The State of Montana, 1945, and all other applicable provisions of Chapter 398 of the Political Code, Revised Codes of Montana, 1935, relating to special Improvement districts in cities and towns, and any amendments thereof or thereto. Section 7. SPECIAL ASSE.SSMENT. To pay said bonds and the interest thereon, re- presenting the cost of said improvement, a special assessment shall be levied against all of the land within the boundaries of said proposed Special Improvement District No. 346, as defined in Section 2 of this Resolution, 174,000 square feet, exclusive of streets, avenues, alleys and public places, each square foot of said area to be assessed for its proportionate share of such entire cost as finally determined. Section 8. ASSESSMENTS PAYABLE IN INSTALLMENTS. That such special assessments I on each separate lot, piece or parcel of land, on the area basis, within the boundar- ies of said Special Improvement District No. 346 as hereinbefore defined, shall be payable immediately upon the ascertainment and levy thereof in the manDer as by law prescribed, or, at the option of the owner of such lots, pieces and parcels of land held in the aggregate and 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 Resolution No. 602 467 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. Section 9. REVOL VING FUN D. The payment of the bonds of said proposed Special I Improvemen t Dis trict No. 346 as to delinquencies and deficiencies, if any, will be pro- vided for under the provisions of Ordinance No. 612 of The City of Bozeman setting up a Revolving Fund pursuant to the provisions of Sections 5277.1 to 5277.5, both sections included, Revised Codes of Montana, 1935 and any amendments 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, Ci ty H.all Building, Bozeman, Montana, on Wednesday, the 25th day of June, 1947, at the hour of one o'clock P.M. of said day, are the time and pIece when end where the City Commission will hear and pass upon all protests duly and regularly made and filed against the cre9tion of said proposed Special Improvement District No. 346, 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 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 and regular session of said Commission held on the 28th day of May, 1947. I Mayor. ATTEST: ~J~ - . lerk of the Ci ty Commission. 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 28th day of 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 of said City to be known and designated as Special Improvement District No. 346 of The City of Bozeman, for the mAking and in- stalling of the improvement described as follows: The installation of a sanitary sewer in West Lamme Street, in said City, from the center of Ninth Avenue, Nor th, Westward to the center of the alley between Tenth and Eleventh Avenues, Nor th, thence South along said alley to the center of Mendenhall I Street. Seld Resolution, which is Commission Resolution No. 602, fUrther declares it to be the intention of said City Commission to assess the entire cost and expense of making and installing said improvement against the property within the boundaries of said pro- posed Special Improvement District No. 346 as defined in said Resolution of Intention No. 602, on the area basis, each lot, piece and parcel of land within such boundaries Hesolution No. 602 _. 468 to be so assessed in the proportion it bears to the area of all of the land wi thin such boundaries, exclusive of streets, a venues, alleys and public places. The total area of all of the land within such boundaries, with the exclusions as stated, is 174,000 square feet, and a preliminary and approximate estimate of the cost of said improvement, including sewer pipe, wye branches, manholes, installation, engineering, inspection and incidental expense, is $3,079.00. The total assessable square feet, I 174,000, upon the approximate estimate of total cost of $3,079.00, makes the estimat- ed rate of assessment $0.0176954 per square foot. That Wednesday, the 25th day 0 f June, 1947, at one o'clock P.M., being a regular and stated meeting time of said City Commission, at the Commission Room in the ~ity Hall Building, Bozeman, Montana, has been designated as the time and place when and where said City Commission will consider and pass upon all protests duly and regular- ly made and filed against said proposed improvement and the creation of said proposed Special ImDrovement District No. 346, or ei ther, or both. At any time within fifteen ( 15) days after the first publication of this notice, any property owner whose property is liable for assessment on account of said proposed improvement if and when made, may in person or by duly authorized agent make protest against the same, the extent and character thereof, or ageins t the creation of said propos ed improvement dis tric t, or either or any thereof, in the manner 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, Boz eman, Mont ana, not lRter than five (5) o'clock P.M. of the last day I within said fifteen (15) days period, and such protests, if any, will be duly consider- ed 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. 346, reference is made to City Commission Resolution No. 602 declaring it to be the in ten tion of said Ci tyCommiss ion to create s aid District, which Resolution No. 602 is on file in the office of the undersigned Clerk of the C1 ty Commission, in the City Hall Building, Bozeman, Montana, and open to the inspection of all interested persons and to the public generally during the regular office hours of said Clerk. Dated at Bozeman, Montana, this 9th day of June, 1947 and first published June 10 th, 1947. ~,.6(~. Clerk of the City Commission. STATE OF MONTANA ) ) ss COUNTY OF GALLATIN ) I, L. G. Shadoan, Clerk of the Commission of The City of Bozeman, do hereby certi- fy 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 I June 14th, 1947, 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 16th day of June, 1947. ~~~~~/ C erk of the City 'Commission. Resolution No. 602