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HomeMy WebLinkAboutResolution 575 Creates SID No. 342 884 COMMISSION RESOLUTION NO. 575 A RESOLUTION OF THE comnss ION 01" THE CITY OF BOZEMAN, MONTANA, DECLAR- ING IT TO BE THE INTENTION OF SAID COMMISSION TO CREATE A SPECIAL IMfROVE- MENT DISTRICT OF SAID CITY TO BE KNOWN AND DESIGNATED AS SPECIAL IMPROVE- MENT DISTRICT NUMBER 342, FOR THE PURPOSE OF INSTALLING AN EXTENSION OF THE SANITARY SEWER MAIN IN THE ALLEY BETWEEN ELEVENTH AND TiNELF'I'H A VENUES FROM THE PRESENT TERMINUS OF SAID SEWER AT STORY STREET, SOUTH TO THE EAST AND WEST ALLEY IN BLOCK 24 OF GLENDALE REARRANGE~mNT OF A FORTION OF WEST SIDE ADDITION TO BOZEMAN AND THENCE WEST IN SAID ALLEY A SUFl'-'ICIENT I DI STANCE TO SERVE THE LOTS FRONTING ON WEST COLLEGE STREET, APPROXIMATELY NINETY (90) FEET: AND TO SPECIALLY ASSESS THE PROPERTY IN SAID SPECIAL IM- PROVEMENT DISTRICT ON THE AREA BASIS. ALL UNDER AND BY VIRTUE OF THE l'RO- VISIONS OF SECTIONS 5225 TO 527'1, BOrrH SECTIONS INCLUDED, REVISED CODES OF MONTANA 1935 AND ANY AMENDlVTENTS THEHEOF AND THI<";RETO. BE IT RESOLVED BY THE C01vTMISSION OF THE CITY OF BOZE-:MAN: 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 of said City, to be known and designated as Special Improvement District Number 342, for the installation of an extension of the sanitary sewer main from its present terminus, in the alley between 11th and 12th Avenues, said terminus being at Story Street, South to the East and West alley in Block 24 of Glendale Rearrangement of a portion of West Side Addition to Bozeman, and thence West in s aid last-mentioned alley a sufficient distance to serve the lots fronting on West College Street, approx- imately ninety (90) feet. Section 2. BOUNDARIES OF DISTRICT. The boundaries of said Special Improvement District No. 342 shall be as follows: Be~inning at a point in the center line of Eleventh Avenue, South, where said line is intersected by the center line of West Story I Street; thence South along the center line of Eleventh ~venue, South, to the center line of West Colle~e Street; thence West along the cen- ter line of West College Street to the center line of Twelfth Avenue, South; thence North along the center line of Twelfth Avenue, ~outh, to the center line of West Story Street; thence East along the center line of West Story Street to the point of the beginning of this descrip- tion. 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 Spec- ial Improvement District No. 342 as said boundaries are specified and described in Section 2 of this Resolution, will be specially and equally benefitted by the con- struction and installation of said sewer and should equally bear the cost thereof in accordance with the laws of The State of Montana in such case made and provided. Section 4. CHARACTER OF IMPROVEMENT. The character of the improvement to be made within said proposed Special Improvement District No. 342 is the construction and installation of an extension of a sanitary sewer as stated and specified in Sec- tion 1 of this Resolution. Section 5. AREA A1TD APPROXIMATE COST. It is proposed to pay the cost of said improvement by assessing 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 assess- I ed therefor in the proportion which its area bears to the area of all the land within such boundaries as decribed in Section 2 of this Resolution, on the square foot basis. The total area of all the land within such boundaries is 252,700 square feet. The pre- liminary and approximate estimate of the cost of said improvement, including sewer pipe, wye branches, manholes, installation, engineering, inspection and incidental - BSFj expense is $4,371.67. The square footage within the boundaries aa specified, exclusive of a tre e ts , avenues, alleys and public places being 252,700 square feet, the ra te of assessment per square foot is estimated at $0.0173. Section 6. PAYMENT OF COST. It is proposed to pay the entire coat and expense of the construction and installation of said improvement with cash to be obtained from the I sale of bonds of said Special Improvement District No. 342, 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 Improve- ment District No. 342 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 said Special Improvement District No. 342 Fund for that purpose. Said bonds shall draw simple interest from the date of their registration un- til called for payment, at a rate not exceeding six (6%) per cent per annum, which in- terest 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 provis- ions of Section 5250 and ~ection 5277.3, Revised Codes of Montana 1935 as said sections are amended by the provisions of Chapters 178 as to Sec tion 5250, and by Chapter 179 as to ~ection 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 improvement districts in cities and towns, and any amendments thereof or thereto. I Section 7. SPECIAL 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. 342 as defined in Section 2 of this Resolution, 252,700 square feet, each square foot of said area to be assessed for its proportiona te share of such entire cost as finally determined; said area of 252,700 square feet being exclusive of streets, aVenue s, alleys and public places. Sec tion 8. ASSESSMENTS 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 District No. 342 as hereinbefore defined, sha 11 be pa y- able immediately upon the final ascertainment and levy thereof in the manner prescribed by law, or, at the option of the owner of such lot, 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 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 UIll..il paid at the rate at which the bonds to pay the cost I of said improvement are sold and issued, and at not to exceed six (6%) per cent per annum. Sec tion g. REVOLVING FUND. The payment of the bonds of said proposed .special Im- provement District No. 342, 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 52'77.5, both sections Resolution No. 575 .-... .. -... .- :3S{) included, Revised Codes of Montana 1935 and any amendments thereof or thereto. 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, Boze- man, Montana on Friday, the 19th day of July, 1946, 1946, at the hour of 7:30 o1clock 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 I said proposed Special I~provement District No. 342, 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 renuired, of the adoption of this Resolution of Intention. Adopted by the Commission of The City of The City of Bozeman, Man tana, at a stated and regular session of said Commission held on the 21st day of June, 1946. ayor. ATTEST: ~Jf~ . Clerk of~ission. NOT ICE I ------ NOTICE IS HEREBY GIVEN, That at a stated and regular meeting of The City Commis- sion of The City of Bozeman, Montana, 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. 342 of The City of Bozeman, for the purpose of making and installing the improvement described as follows: The ins talla tion of an extension of the sanitary sewer main from its present terminus, in the alley between 11th and 12th Avenues, said terminus being at Story Street, ~outh to the East and West alley in Block 24 of Glendale Rearrangement of a portion of West Side Addition to Bozeman, and thence West in said last-mentioned alley a sufficient distance to serve the lots fronting on West College Street, approx- imately ninety (90) feet. Said Resolution, which is Commission Resolution No. 575, further declares it to be the intention of said City Commission to assess the entire cost and expense of mak- ing and installing said improvement against the property within the boundaries of I said proposed Special Improvement District No. 342 as defined in said Resolution of Intention No. 575, 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. 342, exclu- sive of streets, avenues, alleys and public places. The estiwated cost of said improvement is $4,371.67 and the total area to be assessed as aforesaid, is 252,700 square feet; the estimated rate of assessment per Resolution No. 575 . -- .. - --. ,..- ..---.- ..-....".-- .-.- .-.-..-.--. -...... .-.. aH'7 square foot being $0.0173. 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 Ci ty Commission will hear and pass upon all protests duly and regularly I made and filed against said proposed improvement and the creation of said proposed Special Improvement District No. 342, 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 said proposed improvement may in person or by duly authorized agent make protest against the same, the extent or character thereof, or against the creation of said proposed improvement dis 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 periodi and such protests, if any, will be duly considered and passed upon by the City Commission at the time and place as aforesaid. For a description of the boundaries of s aid proposed Special Improvement Dis trict No. 342, reference is made to City Commission Resolution No. 575 declaring said Commis- sion's intention to create said district, which said resolution of intention to create said district is on file in the office of the undersigned Clerk of the City Commission, in the City Hall building, Boz emen, Mon tana, and open to the inspection of all inter- I ested persons, and to the general public, during the regular office hours of said Clerk. Dated at Bozeman, Montana this 22nd day of June, 1946. ~~/~~ Clerk of the ity omrnisslon. (First ~lblication June 25th, 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 Notice was published at length in The Bozeman Daily Chronicle, a news- paper 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. ~~~~10n. I Resolution No. 575 .-."..- --.--