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HomeMy WebLinkAboutResolution 563 Creates SID No. 339 -..-... 3;jO W'# CON:MISSION RESOLUTION NO. 563 1'~~"p.\>c~ / ~~o. ji)......... A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, Idl! ~ ..../' DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO CREATE A ..... S.t.:. ." SPECIAL IMPROVEMENT DISTRICT OF SAID CITY TO BE KNOWN AND DESIGNA... .......-. TED AS SPECIAL IMPROVEMENT DISTRICT NUMBER 339, FOR THE PURPOSE OF INSTALLING A SANITARY SEWER IN THE ALLEY BETWEEN TENTH AND ELEVENTH AVENUES, SOUTH, IN SAID DISTRICT AS SO CREATED AND AS SUCH ALLEY IS HEREINAFTER SPECIFIED AND DESCRIBED, AND SPECIALLY TO ASSESS THE ENTIRE COST AND EXPENSE OF SUCH INSTALLATION AGAINST THE PROPERTY WITHIN THE BOUNDARIES OF SAID SPECIAL IMPROVEMENT DISTRICT AS SAID I BOUNDARIES ARE HEREINAFTER SPECIFIED, ON THE FRONTAGE BASIS; ALL UNDER AND BY VIRTUE OF THE PROVISIONS OF SECTIONS 5225 to 5277, BOTH ffiJMBERS INCLUDED, REVISED CODES OF MONTANA 1935, AND ANY AMEND... MENTS TflliREOF OR THERETO. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF BOZEMAN: Section I Declaration of Intention It is hereby declared to be the intention of the Commission of The City of Boze- man, Montana, to create a Special Improvement District to be known and designated as Special Improvement District Number 339 of said Ci ty, for the installation of a sanit- ary sewer in the alley between Tenth and Eleventh Avenues from the existing manhole in West Koch Street, south in said alley a sufficient distance to serve all of the property located between said Tenth and Eleventh Avenues and between Koch Street and College Street, all within the boundaries of said Special Improvement District Number 339 as designated in the following section (2) of this Resolution. Section 2 Boundaries of District The boundaries of said Special Improvement District No. 339 so to be created shall be as follows: I Beginning at a point in the center line of West Koch Street where the said West Koch Street is intersected by the West line of Tenth Avenue, South; thence South along the West line of Tenth Avenue, South, to the North line of West College Street; thence West along the North line of West College Street to the East line of Eleventh A venue, South; thence North along the East line of Eleventh Avenue, South, to the center line of West Koch Street; thence East along the center line of West Koch Street to the place of the beginning of this description. 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. 339 as said boundaries are described and specified in Section 2 of this Resolution, will be specially and equally benefitted by the construction and installation of said improve'" men t , to...wit, a sanitary sewer, and should equally bear the cost thereof on the front foot basis, 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 in s aid proposed Special Improvement I District No. 339 is the construction of a sanitary sewer in the alley between Tenth Avenue, South, and Eleventh Avenue, South, from the existing manhole in West Koch Street, South therefrom a sufficient distance to serve all of the property loca ted between said Tenth Avenue, ~outh, and Eleventh Avenue, South, and between Koch Street and College Street. - '3 i:- ,) t 1:.1_ Section 5 Frontage and Approximate Cost It is proposed to pay the cost of said improvement byassBBsment, on the front- age basis, of all of the property within the boundaries of said proposed Special Im- provement District No. 339 which has a frontage on the alley between Tenth Avenue, Sou th, and Eleventh Avenue, dou th . A preliminary estimate of the total cost of said I improvement is $5240.50, which includes pipe, wye branches, manholes, ins ta lla tion, engineering, inspection and incidentals; the total alley frontage so to be specially assessed is 2517.75 linear feet and the estimated rate of assessment per front foot to be assessed is $2.08. Section 6 Assessments pay~ble in Installments That said special assessments on each separate lot, piece or parcel of land, on the frontage basis, within the boundaries and with the frontage so specified, sha 11 be payable immediately upon the final ascertainment and levy thereof in the manner pre- scribed by law or, at the option of the owner of the property so specially assessed, in not to exceed ten (10) annual installments, with interest on the deferred install- ments at not to exceed six (6) per cent per annum, commencing with the year in which the amount of such assessment and levy is ascertained and made, as by law provided, installments of principal and interest to be spread equally over said ten years period, as nearly as may be. Section 7 Payment of Cost I It is proposed to pay the entire cost and espense of constructing and installing said sewer in cash to be obtained from the sale of special improvement dis trict 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 known and designated as ~pecial Improvement District No. 339 Fund. The bonds will be redeemable a t the option of the Ci ty of Boz eman, singly or in multiples and in the order of their registration, whenever funds are available in said Special Improvement District No. 339 Fund for that purpose. They shall draw simple interest at a rate not exceeding six per cent (6%) per annum, which interest shall be chargeable as a part of the cost of said improvement, such interest to be payable annually on all of the bonds so issued and before payment of the principal of any bond, on the first day of January of each year, as funds are available, and with accrued interest on any of said bonds when called for payment. 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 sa id sections are amended by the pro vis ions of Cha pter 178 as to Section 5250, I and by Chapter 179 as to ~ection 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, relating to special improvement dis tric ts and special improvemen ts in cities and towns, a nd any amendment s thereof or thereto. The payment of said 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 Revolving Fund for such purpose, pursuant to the provisions of Section 5277.1 to 5277.5, both sections included, Revised Codes of Montana 1935 and any amendments Resolution No. 563 -"_--"_0'0__'.". , 3iy) l ,..J thereof or thereto. Section 8 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, a t the hour of 7:30 P.M. on Friday the 2nd day of November, 1945, are the place and the time deslg- I nated where and when 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. 339, the improvement proposed to be made pursuant thereto and 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 Commission of The City of Bozeman, Mon tana , at a stated and regu- lar session of said Commission held on the 12th day of October, 1945. ATTEST: ~~ C rk 0 The ity ommission NOTICE IN RE. CITY COMMISSIOJIT RESOLU'I'ION NO. 563. Notice is hereby Given: That at a reglJlar and stated meeting of The City Commission of I The City of Bozeman, Nnntana, held on the 12th day of October 1945, a resolution of said Com- mission was duly passed and adopted declaring it to be the intention of said Commission to create a special improvementdistric t of said City of Bozeman to be known and designated as ttSpecial Improvement Dis tric t No. 339", for the purpose of in'" talling a sani tary sewer in the alley between Tenth Avenue, Sou th, andEleventh Avenue, Sou th, from the existing manhole in West Koch Street, south in said alley a sufficient distance to serve all of the property fronting on said alley between Tenth Avenue, South, and Eleventh Avenue South, and between Koch Street and College Street. Said Resolution further declares it to be the intention of said city Commission to as- sess the entire cost and expense of makinll said improvement against the propert;/ within the boundaries of said proposed Special Improvement District No. 339 as such boundaries are de- fined and specified in said Resolution of Intention, on the frontage basis, each lot piece and parcel of land within such boundnries to be so assessed in the proportion w1:':1bh the front- age of each such lot piece, or parcel of lanel, bears to the entire frontage within the bound- aries of said proposed special improvement district, on said alley. I The estimated cost of said improvement 1s $5,240.50, the frontage to be assessed is 2517.75 linear fept, and the estimated rate of assessment per front foot if $2.08. the t friday, the 2nd day of November, 1945, at 7:30 o'clock P.M. of said day, being the regular and stated time of meeting of said City Commission, s t the Commiss ion Room in the City Hall, Boz ema ", , Montana, has been designated as the time and place wh9n said City Commission will consider and pass upon all protests duly and reglJlarly made and filed a::~ainst the said proposed improvement, the creation of said proposed special improvement district, or either or both thereof. (Continued on Page 357) Resolution No. 563 ....-----