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HomeMy WebLinkAboutResolution 584 Creates SID No. 343 410 COMh!lSulON RESOLUTION NO. 584 A RESOLu'rION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLAHING IT TO BE THE INTE1-JTION OF SAID COMMISSION TO CREATE A SPEC- LlI.L IMPHOVEMENT DISTinCT OF StUD C 1'l'Y TO BE ri:NOWN AND DESIGNATED AS SPECIAL IMPHOVH,iENT DISTRICT NUMBER 343, FOR THE PURPOSE 01" INSTALL- ING A SA1\[ ITARY SEWER IN WEST KOCH STREET, IN SAID CITY, FHOM THE PRESENT TEc'11\llNU3 OF SAID SE'NEH AT THIRTEENTH AVENUE, 'NES'l' TO THE ALLEY bETWEEN FOURTEbNTH AND FIFTEENTH AVENUES AND IN erHE ALLEY BE- TWEEN TWELFTH AND THIRTEENTH AVENUES FROM STORY STREET TO T HE 'EAST I AND WEST ALLEY IN BLOCK 23 OF GLENDALE REA.HHANGErfiEN'r AND IN SAID EAST AND WEST ALLEY A SUYFIC lENT DISTAll: E EAST AND WE.sT TO ,SERVE ALL OF' THE LOTS FHONTING ON WEST COLLEGE srrHEET; ALSO SEWERS IN EACH OF THE ALLEYS IN NOHMANDY REARRANGEMENT FROM WEST :KOCH STREET A SUF- FICIENT DISTANCE TO SERVE ALL OF THE LOTS IN SAID NORMANDY ADDITION; AND TO SPECIALLY ASSESS THE COST OF SUCH INSTALLATION AGAINST 'rIlE PROPERTY lvlTHIN 'rEE BOUNDARIES OF SAID SPECIAL IMPROVEMENT DISTRICT SO GRENfED, ON THE AREA BASIS, PURSUANT TO THE STA'fUTES IN SUCH -CASE MADE AND PROV lDED. BE IT RESOLVED BY THE COJ\.lrilIS:&LON OF THE CI TY OF' BOZEMAN: Section 1. DECLARATION OF INTENTION. It is hereby declared to be the inten- tion of the City Commission of The City of Bozeman, Montana, to create a Special Im- provement District of said City, to be known and designated as Special Improvement District Number 343, for the construction of a ten (lO) inch sani tary s ewer on West Koch Street from its present terminus at Thirteenth Avenue, West to the alley be- tween 14th and 15th Avenues, and eight (8) inch sewers in the alley between 12th and 13th Avenues from Story Street to the East and West alley in Block 23 of Glend- ale Rearrangement, and in said East and West alley a sufficient distance East and West to serve all of the lots fronting on West College street; also eight (8) inch sewers in each of the alleys in Normandy Rearrangement from 'Nest Koch Street a I sufficient distance to serve all of the lots in. sald Normandy Rearrangement. Section 2. BOUNDARIES OF THE D1STRIGT. The boundaries of said Special Im~ provement District No. 343 shall be as follows: Beginning at the point of intersection of the center line of 12th Avenue South with the center line of West Story Street; thence South along the center line of said 12th Avenue South to the center line of West College Street (said line being also the Ci ty 1imi ts and tIle South line of Glendale and Normandy Rearrangement s of por tions of West Side Addition); thence West along said center 1 ine of VVest College Street to the West line of said Normandy Rearrangement; thence North along said West line of Norm- andy Rearrangement to the center line of West Koch Street; thence East along said center line of West Koch street to the center line of the alley between 14th and 15th Avenues as originally platted North of said West Koch street; thence North along the center line of said alley as originRlly platted, now Vac at ed, to a point 150 feet North of the North line of said West Koch street; thence East par~llel with and 150 feet North of said North line of West Koch Street to the center line of 13th Avenue; thence South Rlong SRid center line of 13th Avenue to the center line of West Story I Street; thence East along saId center line of West story to the place of beginning. Section 3. BENEFITS DECLARED. It is hereby declared by the Commis sion of The 01 ty of Bozeman, that all of the land wi thin the boundaries of the said proposed Special Improvement District No. 343 as said boundaries are specified and described 4tl in Section 2 of this Resolution, will be speci~lly and equally benefitted by the con- struction and Ins talll1tion of said sanitary sewer and should equally bear the cost thereof in accordance with the laws of The State of Montana in such case made and pro- vided. See tion 4. CHARACTER OF IMPROVDV\ENT. The character of the improvement to be made I within said proposed Special Improvement District No. 343 is the construction and in- stallation of an extension of a sm1itery sewer as stated and specified in .Section 1 of this Resolution. Section 5. AREA AND APPROX1MATE COST. It is proposed to pay the cost of said improvement by assessing the land within the bounda.rles of said proposed district, on the area basis, each lot, piece a.nd parcel of land within such boundaries to be assess- ed therefor in the proportion which its area bears to the area of all the land wi thin such boundaries as described in Section 2 of this Resolution, on the square foot basis. The total area of all the land within such boundaries is 970,077 s~Jare feet. The pre- liminary and approximate estimate of the cost of said improvement, including sewer pipe, wye branches, manholes, ins tellA. tion, engin eeri ng, inspection and incidental expense is $19,019.00. The square footage within the boundaries as specified, exclusive of streets, avenues, alleys and public places being 970,077 square feet, the rate of assessment per square foot is estimated at $0.019606. Section 6. PAYMENT 0 F CO.sT. It is proposed to pay the entire cost and expense I of the cons truction and ins talla tion 0 f said improvement w 1 th cash to be obtained from the sale of bonds of said Special Improvement District No. 343 as mlthorized by law. Such bonds will be in denominations of $100.00 each and fractions of $100.00 where nec- essary, to be issued and chargeable against a fund to be known qnd designated as Spec- ial Improvement District No. 343 Fund of The City of Bozeman. The bonds will be re- deemable at the option of the City, singly or in multiples, and in the order of the ir registration, whenever funds are available in said Special Improvement District No. 343 Fund for that purpose. Said bond s shall draw simple interest from the date of their registration until called for payment, at a rate not exceeding six (6%) per annum, which interest shall be ct~rgeab1e as a part of the cost of the construction and installation of said improvement. The bonds will be issue d and sold in accor'dance with the provisions of Section 5250 and Section 5277.3, Revised Codes of Montana 1935 as said 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 applicable provisions of Chapter 398 of the Poli tical Code, Revised Codes of Montana 1939, relating to special improve- I ment districts in cities Bnd towns, and any amendments thereof or ~hereto. Section 7. SPECLAL ASSESSMENT. To pay said bonds and the interest thereon, re- presenting the cost of making said improvement, a special assessment shall-be levied against all of the land within the boundaries of said proposed Special Improvement District No. 343 as defined in Section 2 of this Resolution 970,077 squ9.re feet, each square foot of said area to be assessed for its proportionate share of such entire cost Resolution No. 584 412 as finally determined; said area of 970,077 square feet being exclusive of streets, avenues, alleys and public places. Section 8. ASSESSME1~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 Dis tric t No. 343 as hereinbefore defined, shall be payable immediately upon the final ascertAinment and levy thereof in the manner pre- I scribed by law, or, at the option of the owner of such lot, piece or parcel of land, or lot s, 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 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 en Dum. Section 9. HEVOL'v ING F'UND. The payment of the bonds of s aid proposed Special Improvement District No. 343, 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 Sections 5277.1 to 5277.5, both sec- tions included, Revised Codes of Montana 1935 and any amendments thereof or thereto. Section 10. TIME FOR PROTESTS. That the regular session of the Dity Commission of The City of Bozeman to be held at the Commission Chamber, City Hall Building, Bozeman, Montana, on Wednesday the 2nd day of October, 1946, at the hours of 1:00 I o'clock P.M. of said day, are the time P-nd place when and where the City Co~~lssion will hear and pass upon all Drotests duly and regularly ma.de and filed against the creation of said proposed Special Improvement District No. 343, the improvement pro- posed to be made pursuant thereto and the extent and character thereof, or ei ther thereof. Section 11. CLERK TO GIVE NOT ICE. Tb.at the Clerk of the City Commission be, and he 1s hereby directed to give notic e in the manner and for the time as by law r e- quired, of the adoption of this Resolution of Intention. Adopted by the Commission of The City of Bozeman, Mon tane, at a stat ed and re- gular session of said Commission held on the 4th day of Septembe 1 94 6. / AT'rEST: ~~~ r 0 the City Commission. I Resolution No. 584 41a NOT ICE ------ NOTICE IS HEREBY GIVEN, That at a stated and regular meeting of The City Commis- sion of The City of Bozeman, Mont ana" 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 I of said Commission to create a special improvement district to be known and designated as Special lmprovement District No. 343 of The City of Bozeman, for the purpose of mak- ing and installing the improvement described as follows: The character of the improvement to be ma,de wi thin said Special improvement Dis- trict No. 343 is the construction of a 10 inch sanitary sewer on West Koch Street from its present terminus at 13th Avenue, West to the alley between 14th and 15th Avenues and eight inch sewers in the alley between 12 th and 13th Avenues from Story Street to the East and West alleys in Block 23 of Glendale Rearrangement, and in said East and West alley a sufficient distance East and West to serve all of the lots fronting on West College Street; also eight inch sewers in each of the alleys in Normandy Rearrange- ment from 'Uest Koch Street a sufficient distance to serve all of the lots in s aid Norman- dy Rearrangement. Said Resolution, which is Commission Resolution No. 584 further declares it to be the Int en tion 0 f said City CO\TImisslon to assess the entire cost and expense of making and installing sal d improvement against the property wi thin the boundaries of sai d pro- I posed Special Improvement District No. 343 as defined in s aid Resolution of Intention No. 584, on the area basis, each lot, piece and parcel of land within such bound arie s to be so assessed in the proportion it bears to the area of all the land within the boundaries of sald proposed Special Improvement District No. 343 exclusive of streets, avenues, alleys and public places. The estimated cost of sl9.id improvement is .)pIg, 019.00 and the tot al area to be assessed as aforesaid is 970,077 square feet; the estimated rate of assessment per square foot being $0.019606. That Wednesday the 2nd day of October, 1946, at 1:00 o'clock P.M., being the re- gula.r and stated meeting time of said City Commission, at the Commission Chambers in the City Hall Building, Boz eman, Montana, has been designated as the time and place when and where s nid City Commission will hear and pass upon all protests duly and regularly made and filed against said proposed improvement and the creation of said proposed Special Improvement District No. 343, or either or both. At any time within fifteen (15) day s after the first publication of this notice any property owner whose property is liable for assessment on account of s aid proposed . I 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 improvement district, or e1 ther or any thereof, in the manner as by law provided. Such protest must be in w ri ting and delivered to the clerk of the City Commission at his office in the City Hall building, Boz eman, Montana, not 1a ter than five (5) o'clock P.M. of the last day within said fifteen (15) days period; and such protests, if any, will be duly ~ considered and passed upon by the City Commission at the time and place as aforesaid. Resolution No. 584 414 For a description of the boundaries of s aid proposed Special lmprovement Dis- trict No. 343, reference is made to City Commission Resolution No. 584 declaring said Commission's intention to create said district, which said resolution of inten- tion to create said district is on file in the office of the undersigned Clerk of the City Commission, in the City Hall building, Bozeman, MontAne, and open to the inspec- I tion of all interested persons, and to the general public, during the regular office hours of said Clerk. Dated at Bozeman, Montana this 12th day of September, 1946. First publication September 13th, 1946 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 in Re Commission Resolution No. 584 WB.S published at length in the Bozeman Daily Chronicle, a newspaper of general c ircula tion printed and published in s aid City in the issue of September 13th, 1946, and that due proof is on file in my office. I IN W~TNESS ~HEREOF I hereunto set my hand and affix the seal of my office this 14th day of September, 1946. -L~ Clerk of the City Commission. I Hesolution No. 584