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HomeMy WebLinkAboutResolution 149 Create SID No. 279 ~-)90 --.---. COM1HSSION HESOLUTIOI'I NO. 149 A RESOLUTION OF THE COIvu,USSION 01" 'nns CITY OB' 30ZEl,.L'~N, l'':::JNTlI1U., DJDCLARING IT 11'0 BE I THE INT:<::r;ri:ION OF SAID COlnHSSION TO CREi:/{'E .i'. S.i:'ECIAL U:J.:PROV:CiiEI:rr DISTH.ICT TO BE KNO\;N AND DESIGN-Alj'reD AS SPECIAL Brr';tCVE;J,,:;Zwr DIS'rrnC: 1W. 279 OF SAID CITY, FOE 'l\EE PUHPOSE OFSX11'ENDING AND Cmr:PLET ING TIn; CONSTRUCTION OF A PRIVATELY CQl.;U1.::rRUCTED SANITARY SEViER ON WB;ST COLLEGE ~YI'ltEri:T BETWEEN FOUHTE AND }i'JFHl'E AVENUES SaUTE 'I,'HTHIH SAID CITY, AND 110 SPECIALLY ASSESS '~IIE EW2Ilue cosrr ,AND ;~LPEr~;13; OF TI ET'~XTE:NSIOlJ AND OlUGINAL COSl1' Oli' 'I'HE I'HIVNl'ELY CONS'I'H,lJC1l'ED l)OH'l.'ION :\GAINsrj~ Il'ITE PHOFJmTY VlT;.'HIN SAID DISTRICT, UTIDER AND lY VIRTUE OF THE PROVISIONS OF SEC~IONS 5225 to 5277 INC., R. C. 10 . 1921, AIm ANYA]\!JENmmN'fS rfm":!ZETO, Section 1. That it is hereby declared to be the intention of the Commission of Lhe City of Bozeman, state of Montana, to create a Special Improvement District to be known and designated as Special Improvement District No. 279 of said City for the purpose of makinE, the improvements within said Special Improvement District hereinafter described. Section 2. ;l'ha t the boundaries of said Special Improvement District No. 279 to be created are as follows: Beginning at a Doint in the center line of Fifth Avenue South, where the same is intersected by the north line of West College Street; thence east along the said north line of wpst College Street to a point 50 feet east of the east line 6f said Fifth Avenue South; thence north parallel with said east line of Fifth Avenue South 50 feet; thence 'east parallel with and 50 feet north of said north line of West Colleee Street I to tbe west line of Fourth Avenue South; thence south along said west line of Fourth Avenue :Jouth to a point :)0 feet south of the south line of said West College Street; thence west parallel with and 50 feet south of said south line of ~est College Street to a point 50 feet east of the east line of said. Fifth Avenue South; thence north parallel with sa~d east line of Fifth Avenue South; to the south line of said West College street; t~ence west along the said south line of West Colle-ge street to the center line of said 'B'ifth Avenue south; thence north along the said center line of Fifth Avenue South, to the place of beginning. Section 3. That heretofore in the year 1926 b;.,r and with the approval of the then Ci t:l ]'.:anager, John Hancock-,: L. G. Hines, Fredo Schwan, and. J. E. "lIolst, for the purpose of serving properties owned by them on \1est College Street between li'ourth and Fifth Avenues~ constructed a sanitary sewer and defrayed the cost and expense thereof; that the sanitary sewer so constructed by them was necessary in order to properly accommodate their properties and that by and, with'the construct- ion thereof the said sanitary sewer so constructed served and accommodated properties owned, o,r now oVlned, by property o~ners as follows: Name Lot Blk. Addi tion ~\'lr s. c. lG . Sime Lo t s. 0 f.' Lo t 12 47 IJark I J. N. C1ark(Clark Estate) " 13 47 .2ar}c Ivirs. W .\-. Smi th 6 and E. 2017 2 Cap. Ilill L. A. Brittain 4 & 5 2 Cap. }Ci 11 Freda Schwan Vi 5' of 7-8 - E 15' of 9 2 Cap. Hill L. G. Hines W. 10' of 9-l0-~5' of 11 2 Cap. r-ill John Hancock 12 and \V 20 I of 11 2 Cap. Hill ---.--- - -- - ..-.'" -...- ~-) () 1 . ~:) ~.~ -' -- that neither J. ~. Clark (Clark Estate), 1,irs. \'L Y. Smi th ,;1' L. A. I3rittain have ,.--.. paid or defrayec,- any proportion of the construction of this sewer; that it is .. necessary that the said sewer so constructed be extended and t~at in the extension hereof it \'i 11, in addition to the foregoing properties,. accomulOdate and serve properties owned by Krs. W. . Smith, to-wit: Lots 1-2-3 Block 2, Capitol Hill Addition; that all of t,he fore{;oir:(' described propel'ties served by said seV1cr as constructed, and the extension ttercof to be constructed are within the proposed Special Improvement District; tha t ]!'redo Schwan, L. G. Hines, John!ancock, and C. E. Sime ( J. II. Lolst) are entitled to credit for the cost of the construction of the sewer I I i in front of their respective premises and they are likewise entitled to be reim- i bursed proportionately and ratably for construction of the sewer in front of the 'N. Y. Smith, L. A. Brit ian, and J. N. Clark ( Clark Estate) properties. Section 4. 'rha tit is hereh;! declared to be tlH:: intention of the Commission of the City of Bozeman to c:'cate said district, extend and complete the construction of the privately ovnled sewer and properly connect it with the general sewer; that ~ the entire cost of the original construction paid for by the seve:al property I owners as hereinbefore Get forth shall be assessed to the several properties and . paid for by the owners thereof in proportion to the front~ge o,ned by them and each of them, it "ueing the de:.errnina tion of the Cou:lission tha t the several property owners who have already paid Cor the construction of the sewer in front of their properties shall receive credit therefor and that they and each of them shall be reimbursed for monies tl_at 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. 'rhat it is hereby declared to be the intention of theCommission ot' the Ci t~T of Bozeman tha t all of the land wi thin said progosed Special Impc'ove- ment District as defined by Section 2 of this Resolution abutting on said improve- ment will be speciall,:, and equally bene.fi tted. by the lmprovements mad.e and contemp12ted and should equally bear the cost of said improvements in accordance with the laws of the State of Montana in such case made and provided. Section 6. That the charac tel' of the irnprovemen ts to be made wi thin wald .......... . district is as follows: The extension of the sewer on West College Street between ;. 70urth and Fifth Avenues a sufficient distance to serve all the properties fronting on said West College Street between Fourth flud Fifth Avenues; said extension to include a concrete manhu10 at the intersection of Fifth Avenue ar!d College Street; that thereupon the sewer on COllege Street between Fourth and Fifth Avenues will be complete.