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HomeMy WebLinkAboutResolution 564 Creates SID No. 340 fi~i~'f) U{]t COMMISSION RESOLUTION NO. 564 l'l'oof n..~q and Obucli:;e(\ A RESOLUTION OF THE COM1{ISSION OF THE CITY OF BOZEMAN, MONTANA, ..~...I'Y:Z1/-IL." DECLARING IT TO BE THE INTENTION OF SAID COMN'ISSION 10 CREATE A ~ ..~.- -h~Ji:.tJ:1.~......:.......,. SPECIAL IMPROVEMENT DISTRICT OF SAID CITY TO BE KNOWN AND DESIG- NATED AS SPECIAL IMPROVEMENT DISTRICT NUMBER 340, FOR THE INSTALLA- TION OF A SANITARY SEWER ON FIFTH AVE1~, NORTH, IN SAID CITY AND DISTRICT, FROM TIlli PRESENT SEWER ON PEACH STREET, SOUTH A SUFFICIENT DISTANCE TO SERVE ALL PROPERTY FRONTING OR ABUTTING ON SAID FIFTH I AVENUE, NORTH, SOUTH OF PEACH STREET AND NORTH OF A LINE PARALLEL WITH AND FIFTY FEET SOUTH OF THE SOUTH LINE OF WEST BEALL STREET. BE IT RESOLVED BY THE COmf:ISSION OF THE CITY OF BOZEMAN: Section 1 Declaration of Intention It is hereby declared to be the intention of the Commission of The City of Bozeman, Montana, to create a special improvement district to be known and designated as Special Improvement District Number 340, of said City for the installation of a sanitary sewer in Fifth Avenue, North, in said City and District, from the present sewer on Peach Street South a sufficient distance to serve all property fronting or abutting on said Fifth Avenue, North, South of Peach Street and North of a line parallel with and fifty feet South of the South line of West Beall street, all within the boundaries of said propos- ed Special Improvement District No. 340 as such boundaries are specified and described in the following section (2) of this Resolution. Section 2 Boundaries of District The boundaries of said Special Improvement District No. 340 so to be created shall be as follows: .1 Beginning at a point in the center line of West Peach Street (also called "Dura ton Road") where the same is intersected by the center line of the first alley east of said Fifth Avenue, North, (now being platted in a new addition by John Karp)j thence south along the center line of said alley, and said line extended to a point fifty (50) feet south of the south line of West Beall street; thence west parallel with and fift, (50) feet south south of the south line of West Beall street to extension of the center line of the alley between Fifth and Sixth ~venuea as platted in Violet Addition to The City of Bozeman; thence north along the center line of said alley so extended, to the center line of west Peach street (or Duraton Road) ; thence east along s aid center line of West Peach 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 said proposed Special Improvement District No. 340 as said boundaries are defined and specified in section 2 of this Resolution, will be specially and equally benefitted by the construction and installation of said improve- ment, to-wit, a sanitary s ewer, and should equall y bear the cost thereof on the front foot basis, in accordance with the laws of Montana in such case made and provided. I Section 4 Character of Improvement The character of the improvement to be made in said proposed Special Improvement District No. 340 is the construction of a sanitary sewer in Fifth Avenue, North, from the present sewer on Peach Street South therefrom a sufficient distance to serve all of the property fronting or abutting on said Fifth Avenue, North, which lies South of West Peach Street and North of a line parallel with and fifty (50) feet South of the South line of West Beall Street. --.-....- 3iw'l 'aL, ' Section 5 Frontage and Approximate Cost It is proposed to pay the cost of said improvement by a ssessment on the frontage basis of all of the property within the boundaries of said proposed Special Improve- ment District No. 340 which has a frontage on Fifth Avenue, North. A preliminary es- timate of the total cost of s aid improvement is $4,061.00, which includes pipe, wye branches, manholes, installa tion, engineering, inspection and incidentals. The total I frontage so to be specially assessed is 2279.2 linear feet and the estimated rate of assessment per front foot to be assessed is ~1,782. Section 6 Assessments Payable in Installments That such special assessments on each separate lot, piece or parcel of land, on the frontage basis, within the boundaries and with the frontage so specified, shall be payable immediately upon the final ascertainment and levy thereof in the manner prescribed by law or, at the option of the owner of the property so specially assess- ed, in not to exceed ten (10) equal (as near as may be) annual installments, with interest on the deferred installments at not to exceed six (6) per cent per annum from the date of levy until paid. Section 7 Payment of Cost It is proposed to pay the entire cost and expense of constructing and installing said sewer in cash to be obtained from the s ale of special improvement district coupon bonds, as authorized by law. Said bonds will be in denomination of $100.00 each and fractions of $100.00 where necessary, to be issued and chargeable against a fund to be I known and designated as Special Improvement District No. 340 Fund. The bonds will be redeemable at the option of The City of Bozeman, singly or in multiples and in the order of their registration, whenever funds are available in s aid Special Improvement District No. 340 for that purpose, first to the payment of acrued interest on all of said bonds and then to principal. 'l'he bonds shall draw simple interest 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; interest to be payable on the first day of January of each year, as funds are available, but also with accrued interest on any of said bonds called for payment ad interim. The bonds will be issued and sold in accordance with the provisions of Section 5250 and Section 5277.3 of the Revised Codes of Montana, 1935, as said sections are amended by the provisions of Chapter 178 as to Section 5250, and by Chapter 179 as to Section 5277.3, of the Laws of the 29th Legislative Assembly of The State of Montana, 1945, and all other applicable provisions of Chapter 398 of the Po- litical Code, Revised Codes of Montana, 1935, re Ie ting to special improvement districts and special improvements in cities and towns, and any amendements thereof or thereto. I The pa yment of s aid bonds, as to delinquencies and deficiencies, if any, will come under the provisions of Ordinance No. 612 of The City of Bozeman setting up a Revolv- ing 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 amendments thereof or thereto. Resolution No. 564 -"..._- 3r.r- . at) Section 8 Time for Protests That the regular session of the City Commission of The City of Bozeman to be held at the Commission Chanber, City Hall Building, Bozeman, Montana, at the hour of 7:30 o'clock P.M. on Friday the 2nd day of November, 1945, are the place and time designated where and when the City Commission will hear and pass upon all protest I duly and regularly made and filed against the creation of said proposed Sepcial Im- provement District No. 340, the improvement proposed to be made pursuant thereto and to the extent and character thereof, or either thereof. Section 9 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. Adopted by the Commissior: of The Ci ty of Bozeman, Montana, a t a stated and regul- ar session of said Commission held on the 12th day of October, 1945. ATTEST: ~~iSSion NOTICE IN RE. CITY COMMISSION RESOLUTION NO. 564 NOTICE IS HEREBY GIVEN: That at a regular and stated meeting of The City Commission I of The City of Bozeman, Montana, held on the 12th day of October, 1945, a resolu tioD of said Commission was duly passed and adopted declaring it to be the lntention of said Commission to create a special improvement district of said City of Bozeman to be known and designated as "Special Improvement District No. 340", for the purpose of installing a sanitary sewer in Fifth Avenue, North, in said City and District, fiDrn. the present sewer in Peach Street, south a sufficient distance to serve all of the property fronting or abutting on said Fifth Avenue, North, south of Peach Street and north of a line parallel with and fifty (50) feet sou th of the south line of Wes t Beall Street. Said ResollJtlon further declares it to be the intention of the Ci ty Commission to assess the entire cost and expense of making said improvement against the property within the boundaries of said proposed Special Improvement District No. 340 as such boundaries are defined and specified in said Resolution of Intention, on the frontage basis, each lot, piece and parcel of land within such boundaries to be so assessed in the proportion which the frontage of each such lot, piece or parcel of land bears to the entire frontage within the boundaries of said proposed special improvement district. The estimated cost of said improvement is $4,061.00, which includes pipe, wye bran- I ches, manholes, installation engineering, inspection and incidentals. The frontage to be assessed is 2279.2 linear feet and the estimated rate of assessment per front foot is $1.782. That Friday, the 2nd day of November 1945, at 7:30 o'clock .t.M. Of said day, being the reg-ular and s ta ted time of meetlne: of said Ci ty Commis sian, a t the Commi sslon Room in the City Hall, Bozeman, Mlntana, has been designated as the time and place when said City Commiss'-on will consider and pass upon all protests duly and regularly made and filed Resolution No. 564. at3G against the said proposed improvement, the creation of said prop0sed special improvement district, or either or both thereof. Any time within fifteen (15) days after the first pubQcation of this notice any owner of property liable to be assessed on account of said proposed improvement n'ay in person or by duly anthorized agent make protest against the creation of said proposed district, the extent or character of the improvement proposed to be made tr:erein, or either or any there- I of, in the manner as by law provided. Such protest must be in writing and be delivered to the Clerk of the Oi ty Commission at his offic e in the Ci ty Hall Building, Bozeman, Montana, ~ot later than 5 o'clock P M. of the last day within said fifteen (15 ) da ys period; and such protest and protests, if an y, will be duly considered and passed upon by said City Commission at the time and place as aforesaid. For a description of the boundaries of said proposed Special Improvement District No. 340, reference is made to City Commission Resolution No. 564 declaring it to be the in- tention to create said district, which said Resolution of Intention is on file in the office of the undersigned Clerk of the City Commission, in the City Hall Building, Bozeman, Mon tans, and open to the inspection of all interested persons, and to the general public during the regular office hours of sa id Clerk. Dated At Bozeman, Mnntana this 16th day of October, 1945. U~ ~l rk of the City Commission (First Publication October 16th, 1945. ) I State of Montana ) 0 ss County of Gallatin) I, L. G. Shadoan, Clerk of the Commission of The City of Boze~an do hereby certify tha t th e foregoing Commis sion Resoln tion No tice N:!. 564 was pUblished at length in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said Ci ty in the issues of October 16th 1945 through October 20th, 1945, and that due proof is on file in my office. IN WIT~SS WHgREOF I hereunto set my hand and affix the seal of my office this 23rd day of October, 1945. ~~ '6l r 0' the Commis sion I -... -.-.-..-.....-...--- ----..--.....- _.._. __.n n_ _______._____ -.-----..---....- (Continued from Page 352. Resolution No. 563) 3f)7 Any time within fifteen (15) days after the first purlication of this notice any owner of property liable to be assessed on account of said proposed improvsment may in person or by duly authorized agent make protest against the creation of saId proposed district, the extent or character of the improvement proposed to be made the rein, or ei ther or any there- of, in the manner as by law provided. Such protest must be in writing and be delivered to I tbe Cle rk of the City Commission ~t his office in the City Hall building, Bozeman, Montana, not later than 50 'clock P.M. of the last day within said fifteen (15) days period; and such protest and protests. if any, will be duly considered and passed upon b;7 said City Commis- sion a t the time and place as aforesaid. For a description of the coundaries of said proposed Special Improvement District No. 339, reference is made to City Commission Resolution No. 563 declaring it to be the inten- tion to create said district, which said Resolution of Intention is on file in the office of the undersigned Clerk of the City Commission, 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 16th da' of October, 1945. 6~ Clerk of the City Commission (First publication, October 16th, 1945. ) S ta te of Won tana ) I ) ss County of Gallatin ) I, L. G. Shadoan, Clerk of the Commis~ior of The Gity of Bozeman do hereby certify that the foregoing notice Commission Resolution No. 563 was published at length in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City in the issues of October 16th, 1945 through October 20th, 1945 and thst due proof is on file in my office. IN WITNESS WHEREO~, I hereunto set my hand and affix the seal of my office this 23rd day of October, 1945. ~~ 1erk of the Commission I Resolution No. 563.