HomeMy WebLinkAboutResolution 574 Creates SID No. 341
-..-----
. ..- ..-.........
:Jl~'
~
COMMISSION RESOLUTION NO. 574 ......~4p~ o:~(l"
· "-: (J/ i!3
A RESOLUTION OF THE COMYI SSION OF THE CITY OF BOZ1<:MAN, MONTANA, ....=t;..;.., .... .
DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO CREATE ....~~,?....
A SPECIAL IMPROVE1~NT DISTRICT OF SAID CITY TO BE KNOWN AND DE- ....
SIGNATED AS SPECIAL IMPROVEMENT DISTRICT NUMBER 341 FOR THE PUR-
POSE OF INSTALLING SANITARY SEWERS AND WATER MAINS WITHIN SAID
DISTRICT AS IN TIns RESOLUTION SPECIFIED AND TO ASSESS THE EN-
TIRE COST AND EXPENSE OF SUCH INSTALLATION AGAINST THE PROPERTY
I WITHIN SAID SPECIAL IMPROVKMENT DISTRICT ON THE: AREA BASIS, ALL
UNDER AND BY VIRTUE OF THE PROVISIONS OF SECTIONS 5225 to 5277,
BOTH SECTIONS INCLUDED, REVISED CODES OF MONTANA, 1935, AND ANY
AMENDMENTS TlffiREOF OR TlffiRETO.
BE IT RESOLVED BY THE CO!n~ISSION 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 to be known and designated as Special Improvement District Number 341 of
said City, for the installation of sanitary sewers and water mains in Willson Avenue,
Sou th, from Grant Street to Lincoln Street; on Grand Avenue, South, from Grant Street
to Lincoln Street; and Third Avenue, South from Garfield Street to Lincoln Street; on
Fourth Avenue, South, from Grant Street to Lincoln Street; and on Fifth Avenue,
South,
from Hayes Street to Lincoln Street. All within the boundaries of said proposed Spec-
ial Improvement District Number 341 as hereinafter described.
Section 2. BOUNDARIES OF DISTRICT. The boundaries of said Special Improvement
District No. 341 shall be as follows:
Beginning at a point where the South city limits, which is
30 feet South of the North line of Lincoln Street, in t-er-
sects the East city limits 160 feet East of the East line of
I Willson Avenue, South, said point being also the Southeast
corner of Butte Addition to Bozeman; thence West along said
South city limits to the center line of the alley between
Fifth and Sixth Avenues; thence North along the center line
of said alley to the center line of West Hayes Street; thence
East along the center line of said Hayes Street to the center
line of the alley between Fourth and Fifth Avenues; thence
South along the center line of said alley to the center line
of Grant Street; thence East along the center line of Grant
Street to the center line of Fourth Avenue; thence North along
the center line of said Fourth Avenue to the center line of
Garfield Street; thence East along the center line of Garfield
Street to the center line of the alley between Grand and Third
Avenues; thence South along the center line of said alley to
the center line of Grant Street; thence East along said center
line of Grant Street to the East line of Butte Addition, said
line being the East city limits; thence South along said East
city liwits line 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. 341 as said boundaries are specified and described in Section 2
of this Resolution, will be specially and equally benefitted by the construction and in-
stallation of said improvements, to-wit, sanitary sewers and water mains, 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 IMPROVEW~NTS. The character of the improvements to be
made within said proposed Special Improvement District No. 341 is the construction of
extensions of the sanitary sewer mains, and also of water mains, on Willson Avenue,
Sou th, from Grant Street to Lincoln Street, on Grand Avenue, Jouth, from Grant Street
to Lincoln Street, on Third Avenue, South from Garfield to Lincoln Street; on Fourth
Avenue, Sou th, from Grant Street to Lincoln Street, and on Fifth Avenue,
,:)outh, frum
,.':1..
.....-.------"'. ...----.--.-.--
---.--.-----
-.--.-.".
a80
Hayes Street to Lincoln Street.
Section 5. AREA AND APPROXIMATE COST. It is proposed to pay
the cost of said
improvements by assessment of the land within the boundaries of said proposed district,
on the area basis, each lot, piece and parcel of land within such boundaries to be
assessed therefor in the proportion which its area bears to the area of all of the
land within the boundaries of said proposed special improvement district as described I
in Section 2 of this Resolution, on the square foot basis. The
total area of all of
the land within such boundaries is 807,084 sauare feet. The preliminary and approxim-
ate estimate of the cost of said improvements, including sewer pipe, wye branches,
manholes, water pipe, valves, fittings, ins talla tion,
engineering, inspe c tion, and in-
cidental expense, is $18,565.00. The sauare footage of 807,084 square feet of land
within the boundaries of said proposed district is exclusive of streets, avenues,
alleys and public places, and the rate of assessment per square foot is $0.023 on the
preliminary and approximate estimate of total cost in the sum of $18,565.00 and a total
square footage of 807,084, as aforesaid.
Section 6. PAYMENT OF COST. It is proposed to pay the entire cost and
expense
of the construction and installation of said improvements with cash to be obtained
from bonds of said Special Improvement District No. 341, as authorized by law.
Such
bonds will be in denominations of $100.00 each and fractions of $100.00 where necess-
ary, to be issued and chargeable against a fund to be known and designated as ~pecial
Improvement District No. 341 Fund of The City of Bozeman. The bonds will be redeem-
I
able at the option of The City of Bozeman, singly or in multiples, and in the order
of their registration, whenever ~lnds are available in said Special Improvement Dis-
trict No. 341 Fund for that purpose. Said bonds shall draw simple interest from the
date of their registration until c aIled 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 the
construction and installation of said improvements. 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 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 being 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 amend-
ments thereof or thereto.
Section 7. SPECIAL ASSESSMENT. To pay said bonds and the interest
thereon, re-
presenting the cost and installation of said improvements, a special assessment shall
be levied against all of the land within the boundaries of said proposed Special rm- I
provement District No. 341 as defined in Section 2 of this Resolu tion,
807,084 square
fee t, each square foot of said area to be assessed for its proportionate share of
such entire cost as finally determined; said area of 807,084 square feet being exclu-
si ve of streets, avenues, alleys and public places.
Section 8. ASSESSMENTS PAYABLE IN INSTALLMENTS. Tha t 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. 341 as hereinbefore defined, sha 11 be
Resolution No. 574
')"1
',.?<<
CJ\.j ...
payable immediately upon the final ascertainment and levy thereof in the manner pre-
scribed by law, or, at the option of the owner of such lot, piece or parcel of land,
or
10 ts, pieces and parcels of land held in the aggregate and in the same ownership,
in ten
(IO) 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 inter-
I est from the date of such levy until paid at the rate at which the bonds to pa y for the
cost of said improvements are sold and issued, at not to exceed six (6%)
per cent per
annum.
Section 9. REVOLVING FUND. The payment of the bonds of said proposed
Special Im-
provement District No. 341, as to delinquencies and deficiencies, 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 sections included,
Revised Codes of Montana 1935 and any amendments thereof or
there to .
Section 10. TIME FOR PROTESTS. That the regular session of The
City Commission
of The City of Bozeman to be held at the Commission Chamber, City Hall Building,
Bozeman,
Montana on Friday, the 19th day of July, 1946,
at the hour of 7:30 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
Specia 1 Improvement Dis tric t No. 341, the improvements proposed to be made pursuant
thereto and the extent and character thereof, or either thereof.
Section 11. CLERK TO GIVE NOTICE. Too t the Clerk of the
Ci ty Commission be, and
I he is hereby, directed to give notice in the manner and for the tiJr1e as by law required,
of the adoption of this Resolution of In tention.
Adopted by the Commission of The City of Bozeman, Montana, at a stated and regular
session of said Commission held on the 21st day of June, 1
I
Ma
yor .
ATTEST:
d~i..ion.
I
,\ .
Resolution No. 574
----
-" ,.- .
'38?
, j'-..J
NOT 1. C E
NOTICE IS HEREBY GI\~N That at a stated and regular meeting of the City Commis-
sion of The City of Bozeman, Mon tan a , held on the 21st day of June,
1946, a resolution
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. 341 of The City of Bozeman, for the purpose of making and in- I
stalling the improvements described as follows:
The installation of sanitary sewers and water mains in Willson Avenue, o:;)ou th,
from
Grant Street to Lincoln Street; in Grand A venue, ~outh, from Grant Street
to Lincoln
Street; in Third A venue, ::louth, from Garfield Street to Lincoln Street;
in Fourth Avenue,
South, from Grant Street to Lincoln street; and in Fifth Avenue, .:)ou th,
from Ha ye s
Street to Lincoln Street.
Said resolution, which is Commission Resolution No. 574,
further declares it to
be the intention of said City Commission to assess the entire cost and expense of
making and installing said improvements against the property within the boundaries of
said proposed Special Improvement District No. 341 as defined in said Resolution of
Intention No. 574, on the area basis, each lot,
piece and parcel of land within 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. 341,
exclusive
of streets, avenues, alleys and public places.
The estimated cost of said improvements is $18,565.00, and the
total area to be
assessed, as aforesaid, is 807,084 square feet; the estimated
rate of assessment per I
square foot being $0.023.
Tha t Frida y, the 19th day of July, 1946,
at 7:30 o'clock P.M., being the regular
and stated meeting time of said 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 and pass upon all protests duly and regularly
made and filed against said proposed improvements and the creation of said proposed
Special Improvement District No. 341, or either, or both.
Any time within fifteen (15) days after the first publication of
this no tice any
property owner whose property is liable for assessment on account of said proposed im-
provements may in person or by duly authorized agent make protest against the same,
the extent or charac ter thereof or agains t the crea tion of said proposed improvement
di s tric t, or 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) days period; and such protests,
if any, will
be duly considered and passed upon by the Ci ty Commis sion a t the time and place as
I
aforesaid.
For a description of the boundaries of said proposed Special Improvement Dis-
trict No. 341, reference is made to City Commission hesolution No. 574 declaring
said Commission's intention to create said district, which said resolution of inten-
tion is on file in the office of the undersigned Clerk of the City Commission, in the
Resolution No. 574
'~ R '.~
'-" L ,
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 22nd day of June, 1946 .
I ~~L~8ion.
(First publication July 2nd, 1946.)
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 Resolution was published at length in the Bozeman Daily Chronicle,
a newspaper of general circulation printed and published in said City in the issue of
July 2nd, 1946, 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
3rd day of July, 1946. .~~~.
lerk 01" the City ommlssion.
I
I
Resolution No. 574
-., -