HomeMy WebLinkAboutResolution 547 Creates SID No. 337
- -.... -.....---.--.-- .-.. ....--.-............---
B04
,(;.
<~(",,~ -/:I.
of''> '",o:,{,; f ~
\n~'. O\~. ~
f-\-"JJq,~ COMMISSION RESOLUTION NO. 547
/1J.5>/ A RESOLUTION OF TIm CITY COMMISSION OF THE CI'lY OF BOZEMAN, MONTANA, DECLARING
- -.' IT TO BE THE INTENTION OF' SAID COMMISSION TO CREATE A SPECIAL IMJ'RQVElYIENT DI3-
,,' '!'RICT TO BE KNOW'N AI'tD DF.SIGNATED AS "SPECIAL IMPROVEM"NT DISTRICT NUMBER 337"
FOR THE PURPOSE OF INSTALLING A SANITARY SEWF:R ON EAST TAMARACK STREET IN SAID
CI'lY AND TO SP"?CIALLY ASSESS T:H"'F. ENTIRE COST AND EXPENSE OF SUCH INSTALLArrION
AGAINST TIm PRopimTY WITHIN SAID SPSCIAL IMPROVE~/'T:~NT DISTRICT SO CREATED AND
HERRIN DESCRIB"RD, ON 'T'HE FRONT FOOT BASIS, UNmm .Al'TD BY VIR'rUE OF TI-rE
PROVISIONS
OF SECTIOIlTS 5225 TO 5277, BOTH NUMBERS INCLUSIVE, REVISED CODES OF ~~ONT,\NA OF
I
19::'i5 A]\!D ANY AMEI'ID1'fENTS THEREOF OR THERETO.
BE IT RESOLVED BY
THE COMMISSION OF Trill crrY OF BOZE11J\N:
Section 1. DECLARA'I'ION OF INTENTION. It is
hereby declared to be the intention
of the Comm:i.ssion of The City of Bozeman, Montana, to create a Special Improve~ent
District to be Imown and designated as "Special Improvement Distr:i.ct ~hJmber 337",
for
the construction of a sanitary sewer on East Tamarack Street,
in said City, and wi thin
the boundaries of said Special Improvement District No. 337 as so created and as herein-
after described.
Section II. BOUNDAR IE S . The boundaries of said
Special Improvement District No.
337 so to be cree ted sha 11 be as follows:
Beginnlng a t a point in the cen ter line of Rouse Avenue North where
said
center line 1s intersected by the center line of the alley running east
and west between Tamarack and Juniper Streets,
thence east along the cen-
ter line of said alley to its intersection with the center line of Church
A venue Nor th, thence south alonR; said center Une of Church
Avenue North
to its intersection with the center line of the alley running east and
wes t between Tamarack and Aspen Streets, thence west along the center line
of said alley to its intersection with the center line of Rouse Avenue
North, thence north along the center lj.ne of said Rouse AvemJe North to
the place of beginning.
See tion III. BENEFITS. It is hereby declared
bv the Commission of The City of I
..,..... ~
Bozernan, ~~on ta na, that all of the land within said proDosed Special Improvement
Dis-
trict No. 337 as described in Section II hereof and abutting on said sanitary sewer
when constructed will be specially and equally benefitted by the construction and in--
a talla tiOD thereof and should equally bear the cos t of sU8h construe tion and
in s talla t:1 on
in accordance with the laws of The State of Montana in such case made and provided,
to-
wi t, Section 5225 to 5277, inclusive, R. C. Montana 1935, and any amendments thereof
and thereto.
Section IV. CHARACTER OF IMPROVEMENT. The
character of the improvement to be
made within said Special Improvement District No. 337 when created is as follows:
The construction of a Sanitary Sewer on said East Tamarack Street from
the manhole at the intersection of Rouse Avenue North and ~ast Tamarack
S tree t, east alonf! said Tamarack Street a sufficient distance
to serve
the properties located on both sides of sald East Tamarack Street between
Rouse Avenue North and Church Avenue North,
a distance of approximately
313 feet.
Section v. PRONT AGE AND APPROXIMA 'I'}~ COST.
The total number of lineal feet front-
ing on said East Tamarack Street and within the boundaries of said Special Improvement
District No. 337 proposed to be created and which is to be specially assessed for the
I
cost thereof, exclusive of streets, a venues,
alleys and public places, is 625.5 lineal
feet; the estimated total cost of said improvement is $967.00 and the esti~ated cost
p""r front foot of such frontage is $1.54t, to be assessed against the East Tamarack
Street frontage of 625.5 feet, as aforesaid.
Section VI. PAY~TENT IN BONDS. That the entire
costs and expense of constructing
said sanitary sewer shall be paid by special improvement district coupon bonds as au-
l,
thorized by law, which bonds shall be in denominations of $100.00 each anCi fractions
.-...----. ...-....-.
30[j
of $100.00 where necessary, to be issued and chargeable against a fund to be known and
designated as Special Improvement District No. 337 Fund;
said bonds to be redeemable at
the option of '1'he City of Bozeman whenever funds are available for that purpose in said
Special Improvement District No. 337 Fund. S~id bonds shall draw simple interest from the
date of their registration until called for payment, at a rRte not exceeding six
(6 ) per-
I cent per annum, which -interest shall be chargeable as a part of the cost of the installa-
tion and const~)ction of such sanitary sewer; all in accordance with the provisions of
Section 5249 R. C. Mont. 1935 as amended by the provisions of Chapter 23 of the
Laws of
the 25th Legislative Assembly of The State of Montana, 1937.
Section VII. SPECIAL ASSESSMENT. To pay said bonds and
the interest thereon, rep-
resenting the cost of such installation and construction, a special assessment shall be
levied against all of the lands fronting on said East Tamarack Street, as aforesaid,
which
are within the boundaries of said Special Improvement District No. 337 as defined in Sec-
tion II hereof, each lineal foot of such frontage to be assessed and taxed for its propor-
tionate share of such entire cost as finally determined, exclusive of streets,
avenues,
alleys and public places.
Section VIII. ASSESSM:~NTS IN INSTALLM}~NTS. Tha
t such assessments and taxes shall be
payable at once upon the ascertainment and levy of such assessment as by law provided or,
a t the option of the owner of the property so assessed and levied upon,
in ten (10) annual
installments extending over a period of ten years, commencing with the year in which such
levy and assessment is made; but this provision shall not be construed to prevent full
I payment at any time after such assessment is finally made and levied as by law provided.
Sec tion IX. REVOLVING FUND. That prompt payment of the bonds herein provided
for
and pursuant to this Resolution of Intention, has been provided for by the creation of a
Special Improvement District Revolving Fund through the levy, when necessary, of
a tax of
one-half mill on each dollar of the taxable value of the assessed valuation of the taxable
property in The Ci ty of Bozeman, pursuant to the provisions of Chapter 24 of the Laws of
the 21st LegislatIve Assembly of The State of Montana, now Sections Nos. 5277.1 to 5277.5
both inclusive, Revised Codes of Montana 1935.
Sec tion X. TI~ffi FOR PROTESTS. Tha t the r"gl1lar session of
the Commission of The
City of Bozeman to be held at the Commission Chamber, Ci ty Hall Building,
Bozeman, Mcm tana,
on Friday the 13th day of October, 1944, at the hour of 7:30 o'clock P.M.
of said day, are
the place and time 0esIgnated when and where said City Commission will hear and pass upon
all protests dlJly and regularly made and filed against the creation of said pro})osed
Special Improvement Di8trict No. 337, the improvement proposed to be
made purslJant thereto
and the extent and character thereof, or either thereof.
Section XI. CLERK TO GIVE NOTICE. The t the Cle rk of
the City Commission be, and he
I is hereby directed to give notice, as reouired by law, of the adoptio;~ of this Resolution
of Intention.
Passed and adopted by the Commission of The Cit~T of Bozen'lan, Montana, at a re.I::!:JJlar
session of sa:i.d \Jommission held on the 22nd day of September, 1944.
~~
A/J
lerk of the ommission
Ma yor
Commission Resolution No. 547.
30G
NOT ICE
------
NOTICE IS HEREBY GIVEN THAT AT a reQ'ular meetinl=!' of the Citv Commission of The Citv of
',~") '. ): _~ t."
Boze~an, Montana held on the 22nd day of September, 1944, a
resolution of said Commission
was duly passed and adopted declarinl=!' it to be the intention of said Commission to create a
special improvement district to be known and designated as "Special Improvement District No.
337" of said City for the purpose of making the following described improvement, to-wit:
I
The construction of a sanitary sewer on East Tama-rack Street fror:1 the manhole at
the intersection of Rouse Avenue North and East TAMatack Street, east along
said
East Tamarack Street a sufficient distance, aEProxlm8tely 313 feet, to serve the
property on both sides of said East rpamarac~{ ,treet between Ron.se Avenue North
and Church AvemJe North.
Said resoll) tion f1..1rther declares it to be the intenti01: of said Ci ty Commis sion to
specially assess the entire cost and expenpe of said improvement against the property
frontinlr on said East Tamarack Street between Rouse Avenue North and Church Avenue North
and within the boundaries of said proposed Special Improvement District No. 337 when so
created, each lineal foot of such frontage to be assessed and taxed for its proportionate
share of the entire cost of said improvement, exclusive of streets, avenues, a lleys and
public places.
The estimated cost of sald proposed improvement is $967.00, the
total frontage to be
so assessed is 625.5 feet, and the esti1"1a ted cost per front foot is $l.541t.,
ThAt Friday, the 13th day of October, 1944,
at 7:30 o'clock P.M. of said day, being a
re~lar meeting time of said City Commission, at the Commission Chambor in the City Hall
Building, Bozeman, Montana, has been des1.gn8ted as the time and place when said Commission
- .
will hear and pass lJpOn all protests duly and rer;ularly made and filed, against the proposed
I
improvement and the creAtion of said special improvement district, or either,
or both.
Th8 tat any time wi thin fifteen (15) days after
the first plblic8tion 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 said proposed improvement or
against the extent or character thereof, or the creation of said proposed district,
or
either, or any, ther eof, in the manner as provided b;r law;
such protest to be in writing
and delivered to the clerk of the City Commission at his office in the City Hall Building,
B07.eman, Montana, not later than 5o'clock P.M. of the last day within said fifteen (15)
days period; and such protests, if any, will be duly considered and pas:1ed lJpOn by the
Ci ty Commis sian a t the time and place as aforesaid.
< -
For a description of the boundaries of said proposed Special Improvement Dis trict No.
337, reference is made to Resolution No. 547 of said City Commis,sion declaring its inten-
tion to create such Special Improvement District No. 337, which said Resolution is on file
in the office of the undersi~ned Clerk of said City Commission, in the City Hall Building,
Bozeman, Montana, and open to the inspection of all interested persons and to the public
generally durinr; the regular office hours of said Clerk.
I
Dated at Bozeman, Montana this 26th day of September,
1944. ;2
~~
State of Mnntana )
Clerk 0 tlie Oi tv. Commis sion
County of Gallatin ) ss
I, L. G. Shadoan, Clerk of the Commission of the City of Bozeman do hereby certify that
the foregoing notice was published a t length in the Bo ~~eman Daily Chronicle, a newspaper
of general circulation printed and published in said city in the issue of September 26th
to 30th, 1944, and that due proof is on file in mv office.
IN WETHESS WHEREOF I hereunto set my hand Hnd affix the ~eal of my office
this
19th day of October, 1944. .
~
(, - - , /~.
Clerk of the Commission
Resolu tion No. 547