HomeMy WebLinkAboutResolution 557 Creates SID No. 338
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COMMISSION RESOLUTION NO. 557 a,nd Oh6Ckcd
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A RESOLUTION OF THE CITY COM!lGSSION OF THE CITY OF BOZEMAN, MONTANA DECLAR- _
ING IT TO BE THE INTENTION OF SAID COMMISSION. TO CREATE A SPECIAL IMPROVEMENT--~~2.6.fi:L_.o
DISTRICT OF SAID CITY TO BE KNOWN AND DESIGNATED AS "SPECIAL IMPROVEMENT DISTRICT
NUMBER 338" FOR THE PURPOSE OF INSTALLING SANITARY SEWERS IN CERTAIN STREETS AND
ALLEYS WITHIN SAID DISTRICT AS CREATED AND AS SUCH STREETS AND ALLEYS ARE HERE-
INAFTER SPECIFIED, AND SPECIALLY TO ASSESS THE ENTIRE COST AND EXPENSE OF SUCH
INSTALLATION AGAINST THE PROPERTY WITHIN SAID SPECIAL IMPRO\~MENT DISTRICT SO
CREATED AND HEREIN DESCRIBED, ON THE AREA BASIS, ALL UNDER AND BY VIRTUE OF THE
I PROVISIONS OF SECTIONS 5277, BOTH NUMBERS INCLUDED, REVISED CODES OF MONTANA,
1935, AND ANY AMENDMENTS THEREOF OR THERETO.
BE IT RESOLVED BY THE COMWISSION OF THE CITY OF BOZEW~N:
Section 1
Declaration of Intention
It 1s 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 338" for the installation of sanitary sewers on West Curtiss
Street from the alley between lOth and 11th Avenues, South, to the alley between 11th
and 12th Avenues, South; thence South in said alley between 11th and 12th Avenues to
Story Street. Also along West Koch Street from the alley between 11th and 12th Avenues,
South, to 13th Avenue, South, and in the alley between 12th and 13th Avenues, South,
from West Koch Street to West Story Street; and all within the boundaries of said
Special Improvement District No. 338 as hereinafter described.
Section 2
Boundaries of District
The boundaries of said Special Improvement District No. 338 so to be created,
shall be as follows:
I Beginning at a point in the North line of West Curtiss Street where the same
is intersected by the center line of the alley between Tenth and Eleventh
. Avenues; thence South along the center line of said alley to its intersection
with the South line of West Curtiss Street; thence West along the South line
of West Curtiss Street to the West line of Eleventh Avenue; thence South along
the West line of Eleventh Avenue to the South line of West Story Street; thence
West along the South line of West Story Street to the center line of Thirteenth
Avenue; thence North along the center line of Thirteenth Avenue to a point 150
feet North of the North line of West Koch ~treet; thence East parallel with the
North line of West Koch Street and 150 feet North of said North line, to the
center line of Twelfth Avenue; thence North along the center line of Twelfth
Avenue to the North line of West Curtiss Street; thence East along the North
line of West Curtiss Street to the center line of the alley between Eleventh
and Twelfth Avenues; thence North along the center line of said alley to the
North line of West Side Addition, the same being also the City Limits; thence
East along said City Limits to the West line of Eleventh Avenue; thence South
along the West line of Eleventh Avenue to the North line of West Curtiss Street;
thence East along the North line of West Curtiss Street to the place of beginn.
ing.
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. 338 as
said boundaries are specified in Section 2 of this Resolution, will be specially and
equally benefitted by the construction and installation of said improvement, wo-wit,
I sanitary sewers, and should equally bear. the cost thereof, in a ccordance 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 Improve-
ment District No. 338 is the construction and installation of sanitary sewers on West
Curtiss Street from the alley between Tenth and Eleventh Avenues to the alley between
Eleventh and Twelfth Avenues; thence South in said alley to Story Street. Also along
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West Koch Street from the alley between Eleventh and Twelfth Avenues to Thirteenth
Avenue, and in the alley between Twelfth and Thirteenth Avenues from West Koch Street
to West Story Street.
Section 5
Area and Approximate Cost
It is proposed to pay the cost of said improvement by assessment of the land I
within the boundaries of said proposed Special Improvement District No. 338 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 all of the land within the boundar-
ies of said proposed district as described in Section 2 of this Resolution, on the
square foot basis. The total area of all of the land within the boundaries of said
proposed Special Improvement District No. 338 is 291,572 square feet. The preliminary
and approximate estimate of the cost of said improvement, including pipe, wye branches,
manholes, installa tion, engineering, inspection, and incidentals,
is $7,578.00. The
square footage of 291,572 of the land within said proposed district is exclusive of
streets, avenues, alleys and public places, and the rate of assessment per square
foot
is $0.02599 on an area of 291572 square feet and a preliminary and approxima te cost
estimate of $7,578.00 for the improvement.
Section 6
Payment of Cost
It is proposed to pay the entire cost and expense of constructing and installing
said sewers in cash to be obtained from the sale of special improvement district coupon
bonds, as authorized by law. Said bonds will be in denominations of $100.00 each and
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fractions of $100.00 where necessary, to be issued and chargeable against a fund to
be known and designated as "Special Improvement District No. 338 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 said "Special Im-
provement District No. 338 Fundlt for that purpose. They shall draw simple interest
from the date of their registration until called for payment at a rate not exceeding
six percent {6%} per annum, which interest shall be chargeable as a part of the cost
of the installation and construction of said improvement. 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 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 Political Code, Revised Codes of Montana, 1935,
rela ting to
Special Improvement Districts in cities and towns, and any amendments thereof
or thereto.
Section 7
Special Assessment
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To pay said bonds and the interest thereon, representing the cost of such installa-
tion and construction, a special assessment shall be levied against all of the land
within the boundaries of said proposed Special Improvement District No. 338 as defined
in Section 2 of this Resolution, each square foot of such area to be assessed for its
proportionate share of such entire cost as finally determined, exclusive of streets,
avenues, alleys and public places.
Resolution No. 557
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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 boundaries so defined, shall be payable immediately
upon the final ascertainment, and levy thereof in the manner prescribed by law, or,
I 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 extending over a period not to exceed ten
years, commencing with the year in which such levy and assessment is ascertained and
made, as by law provided.
Section 9
Revolving Fund
The payment of the bonds of said proposed Special Improvement District No. 338,
will as to delinquencies and deficiencies, 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 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, Bozeman, Montana,
at the hour of 7:30
o'clock P.M. of said day, to-wit, the 20th day of July,
A.D. 1945, are the place and
I time designated 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 Improve-
ment District No. 338, the improvement proposed to be made pursuant thereto and the ex-
tent 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 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 Commission held on the 29th day of June, 1945.
Ma
yor.
ATTEST:
I G?f~~.
Clerk of the City Commission.
NOTICE
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NOTICE IS HEREBY GIVEN, That at a regular and stated meeting of The City Commission
of The City of Bozeman, Montana, held on the 29th day of June,
1945, 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
Resolution No. 557
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"Special Improvement District Number 338" of said City, for the purpose of making and
installing the improvement described as follows, to.wit:
The construction and installation of sanitary sewers
on West Curtiss Street from the alley between Tenth
and Eleventh Avenues to
the alley between Eleventh
and Twelfth Avenues,
then South in said alley to Story I
Street. Also along West
Koch Street from the alley
between Eleventh and Twelfth Avenues to Thirteenth
Avenue, and in the alley between Twelfth and Thirteen-
th Avenues from West Koch Street to West Story Street.
Said Resolution further declares it to be the intention of said City 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. 338 as defined
in said Resolution, on the area basis, each lot,
piece and parcel of land within such
boundaries to be so assessed in the proportion which the area of each such lot, piece,
or parcel of land, bears to the area of all the land within the boundaries of said pro-
posed special improvement district, exclusive of streets, avenues, alleys and
public
places.
The estimated cost of said improvement is $7,578.00 and the area to be assessed, as
aforesaid, is 291,572 square feet, and the estimated rate of assessment per square foot
is $0.02599.
Tha t Frida y, the 20th day of July, 1945,
at 7:30 o'clock P.M. of said day, being I
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 said Commission will hear and pass upon all protests duly and regularly made and
filed against the proposed improvement and the creation of said proposed Special Im-
provement District, or either, or both.
Any time within fifteen (15) days after the first publication of this notice any
owner of property liable to be assessed on account of said proposed improvement, may
in person or by duly authorized agent make protest against the same, the ex ten t or
character thereof, or against the creation of the proposed district, or either or any
thereof, in the manner provided by law. Such protest must be in writing and be deliver-
ed 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
City Commission at the time and place as aforesaid.
For a description of the boundaries of said proposed Special Improvement District
I
No. 338, reference is made to City Commission Resolution Number 557 declaring its in-
tention to create said district, which said Resolution of Intention is on file. in the
office of the undersigned Clerk of said 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 2nd day of July, 1945
~~on
(First publication July 3rd, 1945)
Resolution No. 557
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State of Montana )
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County of Gallatin)
I, L. G. Shadoan, Clerk of the Commission of The City of Bozeman, do hereby certify
that the foregoing Notice, Commission Resolution No. 557, was published at length in the
Bozeman Daily Chronicle, a newspaper of general circulation printed and published in
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said City in the issues of Soptem &r 1, 1945 through Soptom er , 1945, 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
5th day of September, 1945. (~~on.
S ta te of Mon tana )
) ss
County of Gallatin )
I,'--I..-__Q!__~~a_doan, Clerk of the Commission of The City of Boz eman, do hereby certify
tha t the foregoing ~-~-soIuti:en_w:?~ published by ti tIe and number in the Bozeman Daily
Chronicle, a newspaper of general circulatlonprlnted and published in said City in
the issues of September 1, 1945 through September 4, 1945, 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
5th day of September, 1945 .
I ,.-- Clerk of the vommlssion.
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