HomeMy WebLinkAboutResolution 180 Creating SID No. 283
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COIVIMISSION EESOLUTION NO. 180
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A RESOWTION OF THE G011MISSION OF THE CITY 0:1"' BOZEMAN, MONTANA, ANillNDING COIJJIVIISSION
RJ~SOLUTION NO. 178 OF TI-IE CITY OF BOZEr:.LAN CHEATING 8r:'ECI.AL IIJ.cPHOvJ~mN'r DISTRICT
NO. 283 OF TITE CITY OF BOZEIvLAN, STATE OF MONTANA, I<'OR TIm: I)URl'OSE OF CONSTRUCTING A
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SA..""1ITARY SEWER IN TIm: ALLEY Ole BLOCK 11 OE PARI): ADDITION FROM TIIE PRESENT SEVIER ON
OLIVE STREET TO A POINT TEN FEEl' FROM '1'l-IE SOUTH LINE, I'RO JEC'rED, 0]' LOTl7,
IN SAID !
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BLOCK, AND TO SPECIALLY ASSESS TIm: ENTIRE COST AND EXPENSE OF ~UUGD~G SAID IN~ROVE-
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MENTlLND 1'BE IvlAINTENANCE THEHEOF AG.lINST TIm PRon:HTY WITHIN SAID DIST'HICT, UNDER
AND BY VIRTUE 0]' 'l'lLE PROVISIONS OF SECTIONS 5225 to 5277,
INCLUSIVE, o Ii' TEE
REVISED DODES OF MONTANA, 1921, AND ANY
.AIdENDMENTS THERETO
BE IT FtESOLVED BY TI-IE COMMISSION OF THE CITY OF BOZElVli,N:
WHEREAS,
at a regular session of the Commission of the City of Bozeman,
State of Montana, held on the 18th day of April,
1930, the said COlmrrission duly
passed Commission Resolution No. 1'75,
"deelar:ing it to be the intention of said Commission to create
a specia11mprovement district to be l-mown and designated as
Special Improvement District No. 283 of said City,
for the
purpose of constructing a sanitary sewer in the alley in Block
11, .of Park Addition, from the present sewer on Olive Street
to a point midway between Olive and Curtiss streets, with
the addition of an "uprB.ise" at the south end to permit of
flushing,
all within said City, and to specially assess the
entire cost and expense of mal-::inc saidimprovcra ents against
the property wi thin said district under and by virtue of the
provisions of Sections 5225 to 5277,
inclusive, of the Revised
Codes of Montana,
1921, and any mnenclment s therc-)to"
which said OommissionResolution No. 175 i.8 hereby referred to and made a part
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hereof for further particulars in respect to the boundaries of said district,
the
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estimateCl cost of said improvement and tJ:1e method. of assessing the same against
the property within said district; and
WHEREAS,
J. E. PHILLIPS is the owner of
Lots 17 and 18, Block 11, Park Addition to the City of Bozeman,
with a frontage of 50 fGet on said alley in said Block 11;
and GEORGE W. HENRY is the owner 0::'
Lot s 19 and 20,
in Block 11, Park Addition to the City of
Bozeman, with a frontage of 50 feet on said alley in said Block 11;
that they are the only persons interested in the creation of said Special Improve-
ment District No. 283 for the construction of the said Sanitary Sewer,
and their
property, described as aforesaid,
is the only property that will be assessed to
defray the cost and eXI)ense thereof; that J.E. PhilliIJS has mortgaged the
property owned by him to the Security BuilcUnc: and Loan Assoc iation of Billings,
Montana, to secure an indebtedness owing by him to it; that George W. Henry has
mortgaged the property owned by him to the Security Euilding and Loan Association
of Billings, Montana; that attached to said Commission Resolution N~~ 175,
and made
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a part thereof, is a Waiver signed by the said J. E. Phillips and Security
Building IJ
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and Loan Association and George. Vi. Henry and Security Building and Loan Assoc-
iation, waiving all legal formalities in the matter of the creation of said
Special Improvement District No. 283,
and the constructj.on of the ,;-:;anitary Sewer
therein, and requesting thnt the said Sanitary Sewer be constructedJ
and that "the
cost and expense thereof' be assessed against the properties of the said J .E. Fhillip
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and George Vi. Henry,
that by rease, of s(,id :"0';upst
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as aforesaid;
it "I'II1S"l1eC-
essary that the ususl !Totice of Intent ion to Crea'ce said Special Im.provernent
Di5triot be published; that no Notice of the levy of tho assesSLlent therefor i::;
necessary, and that
said Distriot oan be oreated '\7ithout the usual formalities,
and that the only Notice to
be published is the Notice to Contractors invH:Lnr:
bids for the doing of the work; that by reason of the request,
consent and
frai ver annexed to said Commission Res,olution No.
175, and thereof made a part,
no Notice was required, and no
Notice has been given, but said District can be
created, and upon the completion of the Vlork the assessment
can be ,made without
Hotice;
NOW, THEHEFORE, BE IT RESOLVED BY TIlE COMMISSION OF THE CITY OF
BOZEi.'lAN, STATE OF I.lONTANA:
Section 1. That said Special Improvement District NO. 283
of the
City of Bozeman; State of Montana,
be, and
the same is, hereby created for the
pUl1Jose of' making the improvements therein as hereinafter described;
Section 2. That Section 2 of Commission Resolution No.
178 b~, and the
same is, hereby amended to read as folIous:
"Thct said Special ImProvements be,
and the
same are, hereby ordered to be n~de in Special Improve-
ment ~istrict No. 283,
as follows:
Constructing a Sanitary Sewer in the alley
in Block 11 of Park Addition from the present sewer on
Olive Street to a point 10 feet from
the south 1 ine ,
pro,iected, of Lot
17, Block 111\;
Section 3. That the en.~ire cost and expense of l'!1O.lcinG
the Special
Improvements herein set forth
in said Special Improvement District No. 283 shall
be paid by Special ImproVIDlTlont District Coupon Ihnds,
as authorized by the Laws
of the State of Montana, which
bonds shall be in the denomination of One
Hundred Dollars ($100.00) each,
or fractions thereof where necessary, to
be
issued and chargeable against a fund to be known as "Special Improvement District
No. 283 Fund",
said bonds to be redeema'ble at the option of the City of Bozeman,
whenever funds are available for that pUI'l'Jose from said Special Improvement
District No. 283 Fund.
Said bonds shall draw simple interest at the rate of
::;i:x: per cent per annum, which interest
shall be chargeable as a part of th& cost
of said. improvement ,and shall run from the' date of the registrat ion of' said
bonds unt 11 sa id bonds are paid; and such int erest,
from the date of the reg-
istration of the bonds until the payment of the :fl'1rst inl;r~allment will be
collected by tho Director of Finance of the City of Eozeman at the time of
collect ingsuch first instQllment $; that the ent ire cost and expense 0 f said
improvement within said District shall be a special assessment against the
entire district, each lot or parcel
of land within said district bordering or
abutting on the alley in Block 11,
in said Park Addition, wherein theimpr'ove-
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ment has been made, to be assessed for
its proportion of such expense, each Ij.near
foot of the frontage of said lot or parcel of land bordering or abutting upon
the alley in said Block 11, Park Addition, to
be assessed for its proportionate n
share of such entire cost; that the amount assessed against each lot or parcel
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o.f land shall be paid in eleven equal arulUal installments extend in:; over a period
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of te)l years, with six per cent 8.lmlual interest on the deferred p",YElents,
commen-
cing with the year 1~30;
Section 4.
That the City Engineer be,
and he is, hereby directed to
prepare Plans and Specifications for the doing of said war}. and makinG said
improvements;
Section 5.
That the Clerk of the Commission be, and she is,
hereby
directed, to publish a Notice invit ing proposals for the furnishinG of materials,
the doing of the work, and malting
of said improvements in said Special ImlJrovement
District No. 283,
referring to plans and specifications on file, by J?ublishing
the same in two issues of the Bozeman Daily Chronicle,
a daily ne~spaver printed
and published in the said Oity of Bozemm1, not
less than ten days before the time
such bids will be opened, which shall be at a meeting of the Commission to be
held on Friday, the ~th de. y of May,
1930 ;
Sect ion 6.
That Notice Inviting Proposals has been published,
as U
required by law; that bids have been submitted,
and the bid of the STANDARD
OONSTRUCTION CO. fOr the construction of
said work has been accepted;
Sect ion ?
Tlwt COl11lllLssion Hesolut ion No. 178 is only amended as
provided in Sect ion 2 hereof,
and that this amendment is made for the reason that
J. E. :Phillips ,desires the sewer extended for an additional thirty-five
(35)
feet from tlw point where it was toterminat e under the provis ions of Sect ion 2
of said Commission Resolut ion No. 178,
and that the eJI1endment herein in Section
2 extends the said sewer to be constructed for an additional 35 feet; that said
J. E. 1'11illips and George W. Henry have requested.. this extension,
and have ac;reed
to this amendment, and that the Waiver
signed by the said J. E. l"hillips and
GeorGe W. Henry and the Security Building and Loan Association attached to and
made a part of Commission Hesolution No. 175 of the Commission of the City of
Bozeman, declaring its intention to create said district,
is confirmed by the
saidH E. Phillips and George W. Henry in the matter of the extension of said
sewer and the amendment herein referred to in Section 2 providing therefor.
1P:A.SSED AND ADOPTED by the Commission of the City of ~ozeman at a
regular session thereof held on the 16th day of May,
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Mayo
Attest:
rn Q-<':"'P-.~J.~jL~~A A~A ,
ClerS of the ommission