HomeMy WebLinkAboutResolution 587 Creates SID No. 344
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COMMISSION HESOLUTION NO. 587
A RESOLUTION OF rrHE Crrry COMM1SSION 0 F' THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THL INTENTION OF SAID COMMISSION
TO CREATE A SPECIAL IMPROVEMENT DISTRICT OF SAID CITY TO BE
KNOWN AND DESrG NATED AS SPECIAL IMPROVU1ENT DISTRICT NUMBER
344, FOn THE PURPOSE OF GONSTRUCTING AND INSTALLING WATER
MAINS IN WEST KOCH STREBT FROM 13th AVENUE TO 15th AVENUE,
I AND IN 12th, 13th AND 14th AVENUES FROM KOGH STREET TO COLL-
EGE STREET AN D IN WEST COLLEGE STREET FROM 11 th AVENUE TO
15th AVENUE: AND TO SPECIALLY ASSESS THE COST OF SUCH CON....
STRUCTION AND INSTALLATION AGAINST THE PROPERTY WITHIN THE
BUUl~DAHIES OF SAID SPECIAL IMPROVEMENT DISTRICT SO CREATED,
ON TH:C AREA BASIS, PURSUANT TO THE STATUTES IN SUCH CASES
MADE AND PHOVIDED.
BE IT RESOLVED BY THE COhlM1SSlON OF THE CITY OF BOZEMAN:
Section 1. DECLARATiON OF INT1NT1ON. 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 Dis tric t No.
344, for the construction of six inch Water Mains on West Koch ,street from 13th Avenue
to 15th Avenue and on 12th, 13 th, and 14th Avenues from Koch Street to ~ollege street
and four inch Water Mains on 15th Avenue from Koch Street to College Street and on West
College Street from 11th Avenue to 15th Avenue.
Section 2. BOUNDARIES OF DiSTRICT. The boundaries of s aid Speci~tl Improvemen t
District No. 344 shall be as follows:
Beginning at the point of intersection of the center line of West Koch Street with
the center line of the alley between 11th and 12th Avenues South; thence South along the
I center line of said alley between 11th and 12th Avenues and said line extended to the
center line of West College Street; thence West along said center line of West College
Street, the same being also the City Limits and the South line of Glendale and Normandy
Rearrangement of portions of West Side Addition, to the West line of Normandy Rearrange-
men t, the same being also the West City Limits; thence North along se.id WastGi ty Lim-
its to a point 150 feet North of the North line of West Koch Street; thence East parall-
el with and 150 feet North of said North line of West Koch Street to the center line of
13th Avenue; thence South along said center line of 13th Avenue to the center line of
West Koch Street; thence East along said center line of West Koch Street 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 the said proposed Special Im-
provement District No. 344 as said boundaries are specified and described in Section 2
of this Resolution, will be specially and equally benefitted by the construction and
installation of said mains and should equally bear the cost thereof in accordance with
the laws of The State of Montana in such case made and provided.
I Section 4. CHAHACTER OF ..LNlPROVE11ll1T. The character of the improvement to be made
within said proposed Special lmprovement District No. 344 is the construction end in-
stallation of water mains as stated and specified in Section 1 of this Resolution.
Section 5. AREA AND APPROXIMATE COST. It is proposed to pay the cost of said im-
provement by assessing the land wi thin the boundarie s of said proposed dis tric t, on the
area basi s, each lot, piece end parcel of land within such boundaries to be assessed
420
therefor in the proportion which its area bears to the area of all the land within
such boundaries as described in Section 2 of this Resolution, on the square foot
basi s. The total area of all the land within such boundaries is 1,220,915 square
feet. The preliminary and appro:xirna te estima te of the cost of said improvement,
including water pipe, and special casting s, insta.llation, engineering,
inspection I
and incidental expense is $23,806.00. The square footage within the boundaries as
specified, exclusive of streets, avenue s, alleys and public places
being 1,220,915
square feet, the rate of assessment per square foot is estimated at $0.0915.
Section 6. PAYMENT OF' CO ST. It is proposed to pay the entire cost and expense
of the cons truction and installation 0 f s aid improvement wi th cash to be obtained
from the sale of bonds of s aid Special Improvement District No. 344, 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 end design-
ated as Special Improvement District No. 344 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 s aid Special Improve-
ment District No. 344 Bund for that purpose. Said bonds shall draw simple interest
from the date of their registration until called or payment, at a rate not exceed-
ing 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, I
Revised Codes of Monta.na 1935 as said sections are amended by the provisions of
Chapters 178 as to Section 5250, and by Chapter 179 8S 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 1935, relating to special improvement districts in cities and towns,
and any amendments thereof or thereto.
Section 7. SP EG lAL ASSESSMENT. To pay said bonds and the interest thereon,
representing the cost of making said improvement, a special assessment shall be
levied against all of the land within the boundaries of said proposed Special Im-
provement District No. 342 as defined in Section 2 of this Resolution, 1,220,915
square feet, each square foot of said area to be assessed for its proportionate
share of such entire cost as finally determined; said area of 1,220,915 square 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 area basis, within the bounda-
ries of said Special Improvement District No. 344 as hereinbefore defined, shall
be I
payable iIDIT,ediately upon the final ascertainment a.nd levy tIlereof in the manner pre-
scribed by law, or, at the option of the owner of such lots, piece or parcel of land,
or lots, pieces and parcels of land held in the aggregate and in the same ownership,
in ten (10) equal (as nearly as ma.y be) annual ins tallments,
commencing with the year
in which such levy is made, as by law provided, such deferred installments payments
, to bear interest from the date of such levy until paid at the rete at which the bonds
to pay the co st of s aid improvement are sold and issued, and at not to exceed six(6)
per cent per annum.
Resolution
No. 587
421
Section 9. REVOLVING FUND. The payment of the bonds of said proposed Special Im-
provement District No. 344 as to delinquencies and deficiencies, if any, will be provid-
ed 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
I included, revised codes of Montana 1935 and any amendments thereof or thereto
Section 10. TIME F'OH PHOTESTS. That the regul ar sessions of the
City Commission
of The City of Bozeman to be held at the Commission Chamber, City Hall Building, Boze-
man, I.lontana, onWedne sday, the end day of October, 1946,
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 proposed Special Improvement District No. 344, the improvement proposed to be
made pursuant thereto and the extent and character thereof, ore i the r the reo f.
Section 11. CLERK TO GiVE NOTICE. That the Clerk of
the City Cormnission 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 stated and regular
session of said Commis sion held on the 4th d9.y of September,
ATTEST:
Mayor. -
~~~
I C erk 0 the Ci ty C'ommis sion.
NOT1.QE
NOTICE IS HEHEBY GIVEN, That at a stated and regular meeting of 'rhe City Commiss-
ion of The City of Bozeman, Montana, held on the 4th day of September, 1946,
a resolu-
tion 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. 344 of The City of Bozeman, for the purpose of
making and installing the improvement described as follows:
The character of the improvements to be made wi thin s aid Special Improvemen t Dis-
trict No. 344 is the construction of six inch Water Mains on West Koch Street from 13th
Avenue to 15th Avenue and on 12th, 13th, and 14th Avenues from Koch Street to College
Street, and four inch Water Mains on 15th Avenue from Koch Street to College Street
and on West College Street from 11th Avenue to 15th Avenue.
Said Resolution, which is Commission Resolution No. 587 further declares it to be
I the intention of said City Commission to assess the entire cost and expense of making
and installing sald improvement against the property within the boundaries of said pro-
posed Special Improvement District No. 344 as defined in said Resolution of Intention
No. 587, on the area basis, each lot, piece and parcel of land wi thin such boundaries
to be so assessed in the proportion it bears to the area of all the land within the
boundaries of said proposed Special Improvement District No. 344, exclusive of Streets,
avenues, alleys and public places.
Resolution No. 587
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The estimated cost of said improvement is $23,806.00 and the total area to be
assessed as aforesaid 1s 1,220,915 square feet; the estimated rate of assessment per
square foot being $0.0195.
That Wednesday the 2nd day of October, 1946, at one o'clock P.M.,
being the re-
gular and stated meeting time of sald City Commission, at the Commission Chambers in
I
the City Hall Building, Bozeman, Montana, has been designated as the time and place
when and where sald City Commission will hear and pass upon all protests duly and re-
gularly made and filed against saId proposed improvement and the creation of said
proposed Special Improvement District No. 344, or either, 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 s aid pro-
posed improvement may in person or by duly authorized agent make protest against the
same, the extent or character thereof, or against the creation of s aid proposed im-
provement district, oe 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; and such Drotests,
if any,
will be duly considered and passed upon by the City Commission at the time and place
as a.foresaid.
For a description of the boundaries of said proposed Special Improvement District
No. 344, reference is made to City Commission Resolution No. 587 declaring said Commis-
I
slon' 8 intentlon to create s aid district, which said resolution of intention to create
sald district is on file in the office of the undersigned Clerk of the City Commis-
sion, in the City Hall Building, Bozeman, Mont ana, and open to
the inspection of all
interested Dersons, and to the general public, during the regular office hours of
said Clerk.
Dated at Bozeman, Montana this 12th day of September, 1946.
m:~/~'
Cler of the CityCommlssion
(First publication September 13th, 1946).
state of Montana )
) sa
County of Gallatin )
I, L. G. Shadoan, Clerk of the Commission of The City of Bozeman do hereby certi-
fy that the foregoing Notice in Re COnIDlission Resolution No. 587 was published at leng-
th in the Bozeman Daily Chronicle, a newspaper of general circulation printed and pub-
lished in said City in the issue of September 13th, 1946, and that due proof is on
I
flle in my office.
INvVlTNESS VVHEHEOI" I hereunto set my hand and affix the seal of my office this
14th day of ueptember, 1946.
~J~~-
Clerk of the City Commission.
Resolution No.
587