HomeMy WebLinkAboutResolution 224 Creates SID No. 285
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COMMISSION RESOLUTION NO. 224
A RESOLUTlOiJ OF TEE cOn.nSSION OF THE CITY OF BOZElilA1J, STATE OF M,_:~TTAI\A, CREATliJG
A SI)ECIAL IM.}:'ROVEL::ENT DISTRICT TO BE IGjOln; Aim DESIGJfATED AS ItSrECIAL IlJU-:nOVK'J-UJT
DIST~ICT NO. 285" OF SAID CITY, YOR TILT, rU7;IJOSE OJ!' CONSTRUCTING A SANITARY SEWER
Oli EAST DICKERSOlT STREET, EAST OI!' SOUTH BUCT; .A VENtJE, WITHIN SAID CITY, AIID TO I
SPECIAI"LY ASSESS THE ::::NTIRE COST AND EXPENSE OF COHSTRuC'DTG SAID SANI'rARY SEVlER
AGAINST THE PROPERTY WIThI:T SAID DISTRICT, UNDER AIm BY YIRTUE UF Tiill PHOVISIONS
OF SECTIONS 5225 TO 52??, INCLUSIVE, POLI~ICAL CODE, R.C.i.". 1921 AND ANY AI,IEND-
EmITS TJIERETO.
VI I-I E H E AS:
I.
At a regular session of the Cor:lItl.Lssion of the City of Bo~,eman, state of
Montana, held on the 28th day of August, 1931, the sa~d Commission duly passed
Commissi~)n Resolut ion No. 221, entitled:
"A RESOLUTIOiJ OF THE C01'!MISSION OF THE CI'l'Y OF BOZEl.l,~,., STATE OF
MONTAI!A , DECLARIHG IT TO BE THE INTEIU'ION OF SAID Cm.iMIS..jION TO
CREATE A SPECIAL IMPROVE~ENT DISTRICT TO BE K1~OWN AlJD DESIGNATED
AS 'tSPECIAL IMPROVEbmNT DISTIUCT NO. 285ft, OJ!' SAID CITY, ]'OR THE
PURPOSE OF CONSTRUCTING A SANITARY SE'vVER ON EAST DICh.,ERSON
ST REj~T , EAST OF SOUTH BLAC:.: AVENUE, WITHIN SAID CI'I'Y, AND TO
SPECIAlJ.,Y ASSESS THE ENTIRE COST ,AND EXPENSE OF C01JSTHU~~TL,G
SAID SANITARY SEViER AGAINST THE PROPERTY WITHIN SAID DISTHICT,
UlJDER AND BY VIRTUE OI' T~E PROVISIONS OF SECTIONS 5225 TO 52??,
INCLUSIVE, POLITICAL CODE, R.C.M. 1921, AND fuTY AMENDMENTS THERETO",
which Corm:lissi:m Resolut ion No. 221 is hereby referred to and made a part hereof
for complete particulars in respect to:
(a) boundaries,)f said Special Improvement District No. 285;
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(b) The general character of t!1G improvements proposed to be mr,de;
( c ) '1'he est i1ne ted cost of the construct ion of said improvement, to wit,
a sanitary sewer;
(d) The method of asses,:,ing the cost 01' the constrt~ction;
( e) The })eyrnent thereof;
and
II.
Notice of the passage of said Connnission Resolution No. 221 waB duly
published in five (5) issues of the Bozeman Daily Chronicle, a daily newspaper
printed a~ld published in said City of Bozern.an, to wit, in the issues of" September
1st, 2nd, Brd, 4th and 5th, and a copy of said Notice was mailed to each person,
firm or corJ)orc.tio.~, or to the agent of such person, f"irm or corporation, llaving
property within said proposed district, at his last known address, UpOE the S8me
day such Notice was first publislled, to wit, on the 1st day of SeI)tember, 1931 ;
and due proof having been made of the publication and mailing of said Notices, as
c,.foresaid; and
III.
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Ff'iday, the 18th day of SeI)teraber, 1931, at 4:00 o'clock P. M. of said
clay, in the Corm:lission Chamber of" the City Hqll in the City of .bOZeElDn, having been
designated as the time and place when the Commission will hear and pass uIJon all
protests that are made against the proposed work, or against the extent and creation
of said district to be assessed, or both; and
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IV.
No protests having been made or filed within the time provided by law,
I and on or before the 18th day of September, 1931 , against the rH'oposed work,
the
creat ion ;)1' said SDecial Improvement District No. 285 and the extent thereof; and
v.
The Commission of the City of Bozeman, in regular session, on the 18th
day of 8epte::J.ber, 1931, at 4:00 o'clock P. M., in the ComI:1ission Chamber of tile
City Hall in the said City, the same be ing the time and place designated for the
lle"rill[~ of protests, 8.S aforesaid, after the expiration of the time wi thin which
said protests may be so made, having found and determined that no protests had
been made to the prOIJOsed work, the creation of said Special Improvement District,
No. 285, and the extent thereof; and that, therefore, the said District should
be created as set forth in said CO~Qission Resolution No. 221 ;
NOW, THEREFORE,
BE IT RE;.;OLVED BY THE COlvlj:'.iISSION OF THE CITY OJ!' BOZEIvIAN:
Section 1.
NO PROTESTS
That no protests to the creation of said propQ[jed Special Improvement
Distri ct No. 285 have been filed, and that the said District should be created;
I Section 2.
DISTRI CT CREATED
That said Special Improveraent District No. 285 of the City of Boz,eman,
State of Montana, bl and the same is hereby, created for the purpose of making
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the improvements in said S::ecio.l Improvement District No. 285 hereinafter
described;
Section 3.
PUHPOSE
That the improvement to be made is for the purpose of constructing a
ijanitary Sewer on East Dickerson street, east of South Black Avenuc, within said
Ci ty;
Section 4.
:COU1IDAHIES Aim AREA
That the boundaries of said Special Improvement District No. 285 to be
created are as toL.ows:
All that port ion of the City of' Bozen'L" Mont o.rw, within the
following metes and bounds, to wit:
BeginninG at a point in the center line of Black Avenue South
I where the samre is intersected by the north line of East Dickerson
street; thence Bast ulonc said north line of East Dickerson Street
to a point fitty (50) feet east of the east line of said Black
Avenue South; thence north parallel with said east line of Black
Avenue South to the south line 01" the alle> in Block "Bt! of Hoff-
man's Addition; thence east along the south line of said alley
in Bloc};: liE" to the east line 01' said Block nBn, the same being
also the east line of said Hoffman's AddiL;ion; thence south along
the east line of said Hoffman's Addition to the north line of
the alley in Block "c" of said Hoffman's Addition; thence west
along the north line of said alley in Block nctt to a point
fifty (50) feet east of the east line of f)a id Black Avenue South;
thence north parallel with the east line of said Black Avenue
South to the south line of said East Dickerson Street; thence
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west along the south line of said East Dickerson street, extencied,
to the center line of said Blacic Avenue South; thence north along
the said center line of Black Avenue South to the point of beginning.
Section 5.
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DETEPJiIINIlIG BEN:r;:FIT S
That it is hereby declared that the 2Hoperty embraced within said Special
Improvement District No. 285, hereinbefore described, will be specially benefited
by the improvement to be made, to wit, the construction of a Sanitary Sewer on East
Dickerson street, east of South Black Avenue;
Section 6.
CHARACTER
That the character of the improvement to be made within said Special
Improvement District No. 285 is as follows:
The installation of a Sanitary Sewer, including pipe, wye
branches, manhole, trenching, pipelaying, bacl:filling, engineer-
in~' inspection and incidenta10;
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Section 7.
ESTIMATED COST
rrhat an ap:',ro:ximate estimate of the cost of doing all of the Vlor}:,
including pipe, wye branches, manhole, -f;renching, pipelaying, baclcfilling, engineer-
ing, inspection Gnd incidentals is SIX iIUlTDHED THIRTY-SIX and 66/100 DOLLARS ($636.66);
Section 8.
M.ETHOD OF ASSESSIvlEHT
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That the total number of lineal feet of' property included within said
Spec ia1 Im}}'~ovemCJnt Dist :.'ictNo. 285 (exclusive of streets, avenues, alleys and public
places) , fronting on said proposed Sanitary Sewer, is Three Hundred Thirty-six
(336) lineal feet, and an approximate est irnate of the cost of said construction to
be specially assessed against the land therein is ~;;1.8948 per lineal foot of said
frontage, (fifty feet frontage of Lots 9 and 10 of Block "B" and fifty feet frontage
of Lots 7 and 8 of Block "C", Hoffman '6 Additio;l, bordering on said Dickerson Street,
is speoifically eliminated from the cost of said construction for the reason that
said propert ies are served by a Sanitary Sewer on BID-ck Avenue) ;
Sect ion g.
BONDS AND Ft7ND
Tho.t the entire cost and expense of construe .,ing said Sanitary Sewer in
said proposed S~ecial Improvement District No. 285 shall be paid by Special
Improvement District Coupon Bonds as authorized by the laws of the state of
lvi.ontana) 'which bonds shall be in the denomination of One Hundred Dollars (tanoo .00) ,
each, and in fractions where necessary, to be issued and chargeable agains-[; a fund
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to be;~novm as "S})ec i~~,l Irl1proveracnt District No. 285 Jfund II , said bonds to be red-
eemable at the optior,6:fjthe Cit:,c of Bozeman, Liontana, whenever funds are available
for that IJurpose from said S'ecial Improvement District No. 2e5 Fund; t h[l t said
bonds sha-l draw siml)le interest ~tt the rate of six (6) per cent per annu~TI which
shall be chargeable as a part of the cost o:!/,said construction and shall run frorll
the date of the registration of said bonds until said bonds are paid;
Section 10.
rAY;.J~:JT OF ASSESSlviENT--AN:r:mAL II.JS'l'ALlJ\lEIT'I'S
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That to pay said bonds and interest thereon) respesent ing tile cost of
said construction, a special assessment shall be levied again,t all of the lands
\7~"thin said pro--osed Specio.l Improvement District No. 285, as hereinbefore defined,
I each lineal foot of the frontage thereof to be assessed and taxes for its proportionate
share of 2uch entire cost, e~clv~ive of streets, avenues, alleys and public places;
tha.t said assessment and taxes shall be payable in seven installments, extending
over a period of six years) with six per cent annual interest on deferred payments,
commenc iug Y/i th the year 1932) but this provisio~hal1 not be construed to I)revent
full payment at any time;
Sect ion 11.
PAYMEHT GUARANTEED
That the prompt payment of the bonds herein set forth has been
specifically provided for by the creation of a Special Improvement Distri~t
Revolving Func1 for the purpose and in order to secure the prompt payment of said
Special Improvement District Bonds and the interest thereon, by the levy of a tax
of one-half mi~l on eac~ dollar of the assessed valuation of the property in said
Gi ty of Bozeman, l:Iontana) all this pursuant to the provisions of C~pter 24, LaVIs
-::)f J:'hontan:, Twenty-first Session, 1929 ;
;~;ection ~2.
RESOLUTIONS
I That the Resolution levying the assessment for the construction of
said Sanitary Sewer shall be had and Inf'l.de as provided by Sections 5225 to 527'7,
inclusive) Folitical Code, R. C .M . , 1921, and any amendment s thereto;
Section 13.
IJLANS AND SrECIFICATIONS
Tho. t the City Engineer be, and he is hereby direoted, to prepare Flans
and Specifications for the construction of said Sanitary Sewer, 8.nd shall file a
copy of the same with the Clerk of the Commission and shall keep a copy on file
in his office during all of the time of the publication of the Notice Inviting
Proposals for the doing of the work in said Special Improvement District No. 285 ;
Section 14.
NOTICE INVITING PROPOS.,',LS
That the Clerk of the Cmmmissionbe, and she is hereby directed to publish
a Notice invi t illg proposals for tl~e furnishing of rr-aterials) the doinG of the work,
and the Inalcing of said improvement s in said Special Improvement District N, . 285,
referring to Plans and Specifications on file, b publishing the same in two issues
I of the Eozema.. Dai17:l Chronicle, a do. ily nevlspaper prilltecl an(, phblished in the said
Ci ty of Bozenoll) not less than ten deys before the time slich bids will be opened,
which shall be at a meeting of the Commission to be held on Friday, the 2nd day of
October, 1031.
. Passed and adopted by the COllll!lission of tI@f Bozeman
seSSlon thereof held on the l8tn day of September, A D. ~t
A Act ing l'<1a.yor
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I, Carolyn Westlake, 01e1'1: of' the Comraission of the City of' Boz-
man, Montana, do hereby cert ify tl~at tiLe fo1'e{';o ir C Resolut ion No. 224 was published
b:r tit Ie in the Bozeman Daily Chronicle, a daily new~parcr of general circulatiun, I
printed and published in the City of EOZer;l[)n, in the issue of Septewber 25, H:31,
and that due IJI'oof of said }n:,blicat ion was made und filed in lay offioe.
IN WITNESS WHEREOF I have hereunto set my hand ,~',ncl the cor:';orate
seal of said City this 25th day of September, 1931.
({kfUA '"
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the Commission.
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