HomeMy WebLinkAboutResolution 154 Creating SID No. 279
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COM11J1ISSION RESOLUTIon NO. 154
I A RESOLUTION OF THE cm'i]vTlSSIOI-j OF 'rHJ~ c ITY ,~F BO;~E1:"4.n, },10iTIJ.'ATJA, CHEATING Sl'ECIAL
IIvLPHOVEliEN'T DISTlucrr NO. 279 OF 1'HE CITY OF BOZEMAN, ST jvrl~ OF }WNrr ANA, FOn TIrE
}'URPOS}~ OFE:XTErmING AND Cm.iPLErrING THE CONSTrtUCTIOlT OF A l'RIVAT'SLY CCNSTRUCTED
SA.NITARY SlGWIGH ON \VESil: COLLEGE STREET BErrWEEN FOUHTL AND FIFTH AVENUES SOUTH
WITHIN:..JAID CI'fY, AND '1'0 SPECIALLY ASSESS frEE ENTIRS COST ANDK~.PENSE OF TEE
EXTENSION j\JT) ORIGUTAL COS'[1 OF TEE PRIVArr'~LY CONSTRUVPED pownON (SUBJECT TO
PROPER CREDIT AND EEli'UND rre THE CERTAIN PROPERTY OWNERS FOl1 COST OF sr;'iiEH IIE:~E;rro-
FORE CONSTRUCTED), AGAINST THE P20PERTY WITHIN SAID DISTRICT, UNDER AND BY VIRTUE
OF TIlE PHOVISIONS UF SBC'].'IONS b225 TO 5277 INCLUSIVE, OF T, E REVISED CODES OF
},TCHI'AlJA, 1921, AND A.NY AJVIENDI,:J~NTS THE?ETO.
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\VI,X}:R.E,A.S :
At a reL~lar session of the Commission of the City of Bozeman, state of
Montana, held on the 9th day of August, 1929, the said Commission duly passed,
Commission Resolution No. 149 entitled:
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!fA RESOLUTION OF i.'liE COMIHSSION OFrHE CITY OF BOZE1,lAN, MOr.prANA,
D'GCLARING IT rro Bli: THE INTENTION OF SAID COTfJvTISSION '1'0 C~Ei.rl'E
A SPECIAL D.:LPROVfCMENT DISTHICT rro BE KNO'/i:: AND DESIGNATED AS
SPECIAL D/]2RCVEM5.:H'r DISTRICT NO. 279 OF SAID CE~Y, :B'Oc~ THE
PURPCSE 0;" EXTENDING AND C01',~PLETING fHE COliSTRUCTION OF A .
PRIVATEJ..Y CONSTRucrrED SANITARY SEWER ON 'NEST COLLEGE ~3Tlm;)~T
BE'rWEEN FcunTH AND ~i'IFTn AVENUES SOUTE WITHIN SAID CITY, Ai~D
fJ.'Q SPECIALLY ASSESS TE-; ElJTIEE COST AND EXPENSE OF TIm; EXTENSION
ADD ORIGHIAI. CO s'r OF THE PIn V,'I.'IIELY CONSTRUcrl'ED })CHTION AGAINST
fl'}-!E )?ROPEHTY WITHIN SAID DISTRICT, lINDEH AND BY V1HTUJI: OF TEE
PROVISIUNS OF SECTIONS 5225 to 5271 INCLUSIVE, ,RCM, 1921, AND
ANY AlIfIEFDMENTS TFEREI'O. 11 ,
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I which said Commission Res;jlution No. 149 is hereby referred to and made a part
hereof for further particulars in respect to the boundaries of said district, the
estimated cost of' said improvement and the method of assessing 'the same against
the property within said district,
And, Notice of the passage of Commission Resolution No. 149 was duly
published in the Bozeman Weekl;,-' Chronicle, a weekly newspaper printed and published
in said City of Bozeman, to-wit: In the issue of Aut,:;ust 15, 1929 anQ by sending
a copy of such notice by registered mail, to each person, firm or corporation, or
agent of such person, firm or corporation having IJroperty wi thin the propo sed
district at his last known address upon the same day such notice was fi~st
published as aforesaid, and due proof having been made of the publication of said
not;ice;
And, within the time provided by law and publicationof the notice there
were filed VIi th the Clerk of the Commission no protests against the proposed work
and against the creation and extent of said district to be assessed; and the
I s8.id Commission was in regular session on the 30th da~l of August, 1929, at four
o ' clo ck }). l',:., of said day, at the Commission Chamber in the City Hall Building
in the said City of Bozeman, the same being the time and place designated for
hearing and passing upon all protests, if an:?, against the proposed work or
against the creation or extent of said district, or both; and the Commission having
found t,hat no ~,rotests against the creation of said district had been made or
filed; and it, further appeared that all of the proceedings for the creation of said
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district have been had as provided by law.
I.J C\-;: , fJ::I:LS:{SFORE, BE IrC nES01VsW BY rrHE cOJv!1':rSSION O'T rrmG CITY \"F 30Z~i!]l:AN,
srrATE OJ? MO:NrrANA:
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Section 1. That said Special Improvement District No. 279 of the City of
Bozeman, State of Montana, be, and the same is hereby created for the purpose of
making the iwprovements therein as hereinafter described.
Section 2. Tha t said special improvements be, and the same are hereby
ordered to be made in Special Improvement District lIo. 279 as follows:
fTThe exte:r..sion of the sewer on West College street between Fourtrl
and Fifth Avenues a sufficient distance ta serve all the properties
fronting on said West College Street between [i'9urth andlTifth Avenues;
said extension to include Ej, concrete manhole ae; the interf3ection
of Fifth Avenue and College Street; the), t thereupon the sewer on
Colleee Street between Fourth and Fifth _Avenues will at3 complete"
Section 3. '1'ha t Lere tofare in the year 19;~G b:r anet wi th the approval of
the then City Manager,; John Bancoc., L. G. liines, Freda Schwan and J. E.
Eolst,
for the PIU'lJOSe of serving properties owned by them on ~est Collcec ~treet between
Fourth and Fifth _Avenues, constructed a sanitary sewer and defrayed the cost
and
expense thereof; that tho sanitary sewer so constructed by them was necessary in
order to }JrOl)erl," accommoda te the ir propertie sand tLat by ancL \' i th the con~3 trilC tioD
thereof the said sanitary sewer so consLructed servea and accommodated properties
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owned, or no Vi owned, by yroperty OVmel'S a.~ _;'0110'::;;:
rame
Lot 31k i\.dd i tion
Mrs. C. E. Sime Lot S. of Lot 12
47 1)ark
,J. N. Clark (Clark "Ssta te) Lot 13
47 Park
L. A. Brittan Lo 't s 4 c';; ))
2 Cap.
i..ill
Mrs. '~~-. Y. Smith Lot 6 and J:G. ~;O ' of 7
2 Cap. Eill
Fredo Sch\van N. 5' of 7, 8 & E. 15'
of 9 q Cap.
=_i11
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L. G. E_Lnes Vi. 10' of 9, 10 & E. 5'
of 11 12 Cap. Eill
John Hancock 12 and, 'l'l. 20 f of 11
2 Cap. Fill
that neither J. N. Clark(Clar~ Estate), ~rs. kf. "Y'.. Slid tlJ or J~.A.
Brittan have paid
or defrayed any proportion of the construction of this sewer; that said sewer so
constructed. is hereb:l extended. and in the extension thereof it will serve in al.:di t ion
to the foregoing properties, accoIrlLioda te and, serve the properties owned by Mrs.
W. Y. Smith, to-viit:
Lots 1-2-3, Block 2 Capi tol
Hill Jidd it ion;
tha t J;i'redo Schwan, L. G. T-lines, John !:-:ancock, and 1:1'
s . C y' Sir:"le ( ,J. E. To 1 s t ) are
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. .w.
entitled to credit for the cost of the construction of the seVIer in front of their
respective pre~ises and they are likewise entitled to be reimbursed, pl'oportiona tely
and ratably for construction of the sewer in front of the :"'.1 V
SmitL, L. A.
'j ~ . ~ .
Brittan, and ,J. l]. Clar" (Clar}: Estate) DrOl)erties.
Section 4. That the entire cost of the original construction paid for by
the several rroperty owners as hereinbefore set forth shall be ass0s:,eCl to t,lle
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several properties and paid for by the owners thereof in proportion to the frontage
owned by them and each of them, it being the determination of the Commission tha t
I the several property owners who have already paid for the construction of the sewer
in front of their prol)erties shall receive credit tlierefor and that they and each
of ~hem shall be reimbursed for monies that they and each of them have expended in
construction of said sewer in front of properties whose owners have not paid their
proportion of the cost thereof.
Section 5. Tha t the entire co st ant'i expense of making the special
improvements herein set forth in said Special Improvement District No. 279 su all
be paid by Special Improvement Dl strict Bonds of the denomination of One Iiundred
Dollars each, and in fractions wlJere necessary, to be issued and charCeable against
a fund to be known as Special Improvement District No. 279 Fund; said
bonds to
be redeemable at the option of the City of Bozeman, Montana, ..vhenever .funds are
available for that purpose from said ;,)pecial Improvement District IJo. 2'19 l"und;
said bonds shall draw simple interest at the rate of six IJer cent per annum, which
shall be chargeable as a part of the cost of said special improvement and shall run
from the date of the registration of said bonds until said bonds are paid and
such interest, from the date of the registration of the bonds until the payment of
I the first installment, will be collected by the Director of Finance of said City of
Bozeman at the time of collecting such first installment; that the entire cost
and eXl)enSe of said it1.provement wi thin said district shall be defra;,red by a special
assessment against the entire district, each lot or parcel of land within said
district viherein the i1ilprOVemen~s shall be faade, t~ be assessed for its proportion
of such expense, each linear foot of the frontaBe of such lots or parcels of land
within said Special Improvement District No. 279 exclusive of streets, avenues,
alleys and l)U:Jlic places to be assessed for its proportionate share of sucL entire
cost; that the amount assessed against each lot or parcel of land shall be paid
in equal annual installments extending over a period of seven years.
Section 6. That with the construc~ion of the extension of sai sewer as
herein provicLed t;le said sew.er "viII serve and accommodate the properties as follows:
Name Lot
Blk Add. Frontage
,Assessable
Krs. C. E. Sime La t S. of Lot l(~
47 Park 165
J. ~. Clark(Clur~ Estate) It 13
47 IT 115
I 1.1' s. '.'l. Y. Smith Lots 1-2-3
2 Cap. Eill. 75
L. A. Brittan \I 4-5
2 " " 50
Ers. W. Y. Smith Lot 6 anci .,., sO I Of Lot 7 2
It TI 45
i..:.J .
}i1reclo Schwan \~ . U' of 7-8 E. 15' 01' 9
2 " " 4~
L. G. Hines W. 10 ' of 9-10 I~. 5' of 11
2 " " 40
Jo1m Hancock 12 and Vi. 20' of 11
2 11 11 45
To tal 1~'rontage ~-5tITfF t .
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That with the :::~ssessment of the entire cost axd c:q.:ense as herelnlJcfore prov:Lled.
1.:'~ 1. S . C. E. Sime ( J. IT FoIst) , Freda Schwan,. L.
G. Eine 3, :..::.nc1. Jol;n Hancock are to
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receive credit for trio co i3 t of construction in front of their properties and are
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to be rei:..b"urc;ed fol' i:lonies expell'lecl in eonstruction of the sewer ill frOD t of
J. F Clark (Clar1~ Estate), L. A. i3rittan, and Irs. 'i7.
Y. Sr':ith, (except Lot~;) 1,
, .
9 and 3, i31:lf . 2. c. E. Addition) propertieB.
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3ectiol1 7. That the City Engineer be, ,lnd he is hereby
directed to prepare
plans and_ spec if iea tions 1'0 r the do ing of sai (1 viork Cll1c1 clakiw. said improvements.
Seetbn (3. That the Clerk of the Commission be, and he is hereby directed
to publish a notice inviting propos&ls for the furn i s:r,il1t~ of nm terial s, the
doine
of the wor1: and. maki1:g of said improvement s in sCe id. Special lrilprover~1erl t '01 f3tr let
No. 27? referring to plans and specifications on file, b~,' publj sllin{; the B:J.Cce
in
two issues of the Boze!l1an Dail:v Chronicle, a dE.ily newsp:.:"pOl' printed. and IJ'.lbli shed
in the said City of Bozeman, not ;less than ten days before the tlme such bids will
be openet1, v:hich shall be at a meetint'; of the Commission to be .held on;?I'icl;:~y, the
6th day of September, 19(~9 .
Passed and adopted by the Commission of the C1 ty of Bozeman at a re{"ular
session therof, held On the 30th da;y of August, 1929.
Approved by the Ma;yor on the 30tb day of August, 1929.
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CLERK C~ ~[1. J CON.11rSSION
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