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HomeMy WebLinkAboutResolution 465 Creates SID No. 331 88 \~# . & ~ J" ~. c'"" i I l-.'- g.~.l> t!-"''::'' / COMMISSION RESOLU'I'ION NO. 465 ",;.11-1 }/ A RESOLUTION OF' TIlE C OmlISS I 01, 01' 'rIlE CITY OF' 30~Eh1AN, S TA '1'8 01' liON TAli A, .;/./ Cr:I!:A'I'ING A SFT~CIAL n.'JP~OV]i:tH~NT DISTInCT rro B~~ KJiJOVi'N AND D8SIGNJi'1'~tD AS "SPI~CIAL n;::FROVE1,E~;NT DIS~l'Rlc.~rr NlJMl3ETI 33111 OF SAl I) GITYl:"OIl 'I'EE PURl.'OSE OF HTS'rALLING' A SANITARY SEVn~:t Ol: Y';ASrl' MAIN STR;,;:srl' PR01~ THE II;ANHOLE AT TIlE INTEHSEC'l'ION OP EASrl' IvlAIN S'rmmT AND DROADVJAY '1'0 A POIN'l' 150 FEE'l' EAS'l) OF Tlill'2ASrr LINE OF CYPR8SS AVll:riur~, IN SAI:) ':i I 'l"'Y ,AND TO SFECIlILLY ASSESS TIEE:N'I'lRE COST ANu :::XPFmm~ 01" cor-:S'rWCTlhG SAID SANITARY 3:2Vii::n AGAINS,' 'I'l-m PR01'U:n'I'Y WI'l'H SAID DIS11IGC'I' tTliDEHAKJ 13:: VrH'FlJE Q,e 'TES ?ROVISIONS OF I SECTIONS 5225 TO 5277, nWLUSIV:2, HEVISrj:.:J COD~S OF gOETANA, 193E) , IIN D ANY Al'JrmDMEN'l'S Tf-llinETO. Wlff':REAS: At a regular session of the Commission of The C1 ty of GOZ0:r:1an, Sta. te of Montana, held on the 29th day of Warch, 1940, the said Commission dul'Y passed Com- mission Resolution No. 463 declaring it to be the Intent:ion of saiu COJ:.D:nission to create a special Improvemen t dis tric t to be mown and des igna ted as Spec ial Improv0r.len t Dis- tr i c t No. 331, of said C1 ty for tile purpose of ins talling a sani tar;! sewer on Eas t Main Street from the manhole at the intersection of East 1'tain Street and Broadway to a point 150 feet East of the East line of Cypress Ave., in said City of Boze~n, and to spectally 8.f:1sess the entire cost Hnd expense of ma1dng said improvement a:::calnst the propert:r wi tilln said dis tric t under and by virtue of the provls ions of Sec tions 5225- 5277, inclus:t ve, R . C. Mon tana , 1935, and any amendments t~t'Grcto which said Commission Resolution No. 463 is :hereby referred to and made a part hereof for further particular s in rcspect to the boundaries of said district, the estl~ated cost of said improvement and the method of assessing the same ap:ainst the property wlUdn saId district; and, 'NHT':I'U<;,'\S: Notice of the passaf7e of said Commls'sion ResollJ.tion No. 463 was (iuly pub- lishod as required by law in 130zeman Daily Chronicle, a dally ,newspaper of ceneral I circula tion printed and published in The C1 ty of Bozemar., ~,:on ta na, and by sendine; a copy of such notice by TJ. S. Mai 1 to each person, firm, or corporation, having property wi t~in the proposed dls tric t, at his last lmown address, 11pon the same day that 81l.oh no tice as firs t pl.lblished a s aforesaid; and due proof h.av1n.cr,:Jecn ma,j.e of the piJbllca- tion and service of said notice; and ViHI';-[1I'~AS: Wi thin the time provided by law and said published and served notice there were not sufficient protests a~ainst the proposed work and a~alnBt the crea tion and/or extent of said proposed special irnpro""emen t district to~)e assessed; and the Ci ty Commission was in 1'8(':1.110.1' sesslon on said 19th da:r of April, 1940, at 7:30 o'clock P . J.: . of said day at the C01111?1ission Chamber in the City Hall Building in the said Oity of Bozeman, the same be In,t the ti~e and place designated for passing upon all protests, if any, against the proposed work or arrainst the creation or extent of said district, or both; and it further appearing that all of the proceedings for the creation of said district have been lawful and regular, now therefore, BE IT HESOI...VSD BY TIlE COM\:rSSION OP 'rEE Crrry OF noz:~;r',TAN: Section 1 I That said Special Improvement District No. 3(a of 'Ehe City of Bozeman, State of Mon tana, be, and tLe same is hereb :/, crea ted for the purpose of ma1:1ng the improve- men ts therein as hereinafter described. Section 2 ThH t said special iJ:1provemen t be and the SRT'~.e is hereby, ordered to be made in _. R!) "<:'-t.. said Special Improvement District No. 331 as follows: 'rIlE INSTALLATION OF A SANITARY S~:JER ON SAS'l' Ii1AIN STRlmT FROM 'l'HS tlA1-:IIOLE AT TIE INllil\STECTION OF BAS '1' !<:i:AIl; STHE~T A}ID 3ROAfYNAY TO A POINT 1501:"88:1' EAST 01i' TIlE r<':AST LIlm OP CYPRESS AVENUE. Section 3 That the entire cost and expense of makinf! the specIal improvement herein se t I forth in said Spec ial Tr.1Prover'1<,)D t Di s tric t 1;0. 331 is to be as sessed as follo'~vs: Fifty per cent (50/~) of the to tal cos t is to be assessed against the property we s t of the wes t line of CY~Jres sAve. on the basis of the East Main Street frontac:e. Of the remaining fifty per cent ( 5')1{) the property east of the west line of Cypress Ave. vvithin the dlstrict, will be assessed at the same rate as the property \;e3 t of Cypress Ave. and of the remaining portion of said fif ty per cen t ( 50};) the owner of the property North of Eas t Ma in S tree t will pay in cash a suffic ien t amount to make forty per cen t ( 40;0) of said fifty per cent (50;; ) or twenty per cent (20%) of total cost and the ovmer of the property Soutb of said Eaf't l\:ain Street and east of Cy~/ress Ave. will pay in cash a sufficient amount to make sixty per cent ( 60/b) of said fifty per cent ( 507;) or thirty per cent (30)0) of the total cost. The portion assessed by frontage is to be paid in ten (10) annual installments. EXAMPLE: Accoru:ng to the plan of assessment outlined above Charles Nunnelly, the owner of' the proper'ty north of Main Street and east of the we::t line of Cypress Ave, would and shall pay, on a frontage of 210 feet, ~~176.Gl in anm.i.al installments, to which is I added $135.59 in cash, to be paid by him, makinr~ a to tal of ;ip312.20 or 40,; of :::;Ol'~ of the total. 1:oel ..). Simmons oymeI' of the property sou th 0:' Kain Stree t and eas t of Cy- press Ave., would pa:r on 150 fee t fron tac:e ~~12G .15 in annual ins tallmen ts, to which he would, and he s added, $342.15 in cash, making a '" .. .-f. I the total of ~468.30 or 60~ of 50~ of total co:st. Section 4 Tha t the Oi t:-r Engineer be, and he 18 hereb:!, direc ted to prepare plans and speclfi- cations for the doing of said work and making of said improvement. Section 5 That the clerk of the commission be, and he is her:':?by directed to publish a notice invitinG proposals for the furnishinp: of ma terials and the doing of the work and the makinc of said improvement in said Special Improvement District No. 331, referring in sa:d notice to plans and specifications therefor on file. Said notice shall be published not less than twice in Bozeman Daily Chronicle, a newspaper of general circulation printecl and published dally (except Monday) " The first publ~ca- in The C1 ty of Dozernan. tieD or said notice shall be maJe not rnore than 22 days and not less than 1.5 days before I the time set In said notice for the consideration of bids for said work and material, anc~ the second publica tion thereof shall be made not less than 1'ive days and not more than ten days before said da to for considera ti on of bids. The tin:e for open InG and cen~idering such bids or porp Isals shall be a t a regular mee tine of the Ci tJT Comm1 ssion to be held on Fr!day, the loth day of May, 1940, at 7:30 o'clocl{ P.M. at the regular mee tine; place of the Commis Gion in the City Hall bul1din~ of The City of Bozeman. 90 Passed and adopted a t a re71Jlar r.1eetin7' of the 81 ty COTnmis iJ ion of The C1 t:'l of Bozeman held on the 19th day of April, Hl 40 . Atte~:._ . // Hayor I ~ C erk of the Commission --- Sta te of ~i:on tans ) ) ss Coun ty 0 f Galla tin ) I, L. G. Slwd ann, Clerk of the Commission, of The Cit~ of Bozeman do hereby certify tha t tho forep:olnrr Resolution 110. 465 was DublisllCd b"y ti tle and mJmber in ,",.J '. ,: ......~, the Bozeman Dai 1:,7 Chronicle, a nev,spaper of general circula tion printed and published ~n said City in the issue of April 21st, 1940, and that due proof is on file in my office. IN WITNb;SS ViliEEEOF I EI~m~;ll}::rrO set my har:d and affix the seal of my office t[J_is 22nd day of April, 1 9 40 . ~~~:2:!'- vOTr1"i1is ~1 ion I I Resolu tionNo. 4.65