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HomeMy WebLinkAboutResolution 79 Creating SID No. 261 CITY COMMISSION RESOLUTION NO. 79. A RESOLUTION OF T}m CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID CITY COMMISSION TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AND DESIGNATED AS SPECIAL H1PROVEliIENT DISTRICT NO. 261 OF SAlD CITY, FOR THE PURPOSE OF CONSTRUCTING A SANITARY SEWER IN THE ALLEY IN GARDNER & SMITH'S REARRANGE- I MENT OF BLOCK 2 , .,CAPITOL HILL ADDITION , FROM FIFTH AVE. TO FOURTH AVE.; THENCE SOUTH I ON FOURTH AVE. TO TEE GENTER OF ARTHUR STREET; ALSO A LATERAL SEWER IN THE .ALLEY IN BLOCK 15 OF SAID ADDITION, AS RE~~RANGED, A DISTANCE OF APPROXI1~TELY 180 FEET, ALL WITHIN SAID CITY, A1irn TO SPECIALLY ASSESS THE ENTIRE COST AND EXPENSE OF MAKING SAID IMPROVEMENTS AND Tlm MAINTENANCE THEREOF AGAINST THE PROPERTY WITHIN SAID DISTRICT, UNDER AND BY VIRTUE OF Tlm PROVISIONS OF SECTIONS 5225 TO 5277 INCLUSIVE, OF THE RE- VISED CODES OF MONTANA, 1921, AND ANY AMEND~~NTS THERETO. BE IT RESOLVED BY TIm COlmISSION OF THE CITY OF BOZEMAN: Sec. 1- That it is.hereby declared to be the intention of the City Commis- sion of the City of Bozeman, State of Montana, to create a special improvement dist- rict to be known and designated as 81'e'c1al Im1'roveme'ritDis-brict No. 261 of said City, for the purpose of making the improvements within said special improvement district herein described. Sec. 2. That the boundaries of said Special Improvement District No. 261 to be created are as follows: All that portion of the City of Bozeman, Montana, within the following metes and bounds, to-wit: Beginning at a point in the center line of Fifth Ave. S. where the same is intersected by the north line of the alley in Gardner & Smith's Rear- rangement of Block 2 of Capitol Hill Addition to the City of Bowreman; r--, thence east along the said north line of the alley in said Block 2 and I I said line extended to the east ).ine of' Fourth Ave. S.; thence south along cJ said east line of FOurth Ave. S.. to the south line of W. Arthur Street; thence west along said sout;h .line of W. Arthur Street to the center line of the alley west of said Fourth Ave.S.; thence north along the center line of said alley thru Block 18, of Capitol Hill Addition; along the line between Lots 13 & 14 of Jolliffe's Rearrangement of Block 15 of Cap- itol. Hill Addition, and along the center line of the alley thru the north half' of Block 15, of said Capitol Hill Addition, and said line extended, to the north line of Harrison street,. the same being also the south line of Gardner & Smith's Rearrangement of Block 2 of said Capitol Hill Addi- tion; thence west along the said south line of Block 2 to the southwest corner of Lot 17, of said Block 2; thence north along the west line of said Lot 17, to the south line of the alley insald Bloc]c2; thence west along the south line of said alley, and the same, extended to the center line of Fifth Ave. 8.; thence north along the said center line of Fifth Ave. S. to the place of beginning. S ec .3. That it is hereby declared to be the intention of said City Commis sion of the City of Bozeman, State of Montana, that all of the land wlthJn said pro- posed special improvement district as defined in Section 2 of this Resolution, abu t- ting on said improvement, Will be specially and equally bEmefi tted by the improve- ments contemplated, and should equally bear the cost of said improvements in accord- ance wi th the laws of the State of :Montana in such case made and provided. Sec. 4. That the character of the im:provements to be made within said district is as follows: The digging of the necessary trenches and layingofasj,x",inchvitri:t'ied tile sewer pi:pe, together with the installation of all manholes, wyes and other a:prrurtenances necessary to construct and complete a sanitary sewer in the alley in Gardner & Smith's Rearrangement of Block 2, Capitol Hill Addi- tion, from the center of Fifth Ave. to the center of Fourth Ave.; thence south on Fourth Ave. to the center of Arthur street, also a lateral sewer in the alley in Block 15, of said capitol Hill Addition, as rearranged, a dis- tance of approximately 180 feet. .......-."..------ Sec. 5. That an approximate estimate of the cost of doing all of the work, iricluding pi:pe,wyes, man}ioles, trenching, pipelaying, backfilling, engineering, in- spection and incidentals, is Three Thousand Three Hundred Sixty-five and 10/100 Dol- lars (t;~3365.10) . Sec. 6. That the total area of the land wi thin said proposed district to be taxed for the cost of said improvements (exclusive of streets, avenues, alleys and DubHe places) is One hundred forty-six thousand eight hundred sCJ.uare feet (146800) and an. approximate estimate of the cost of said improvement to be spccially taxed and assessed against the land therein, is ;pO.022923 per square foot of said land. Sec. 7. That the entire 'cost and expense of making said s:pecial improve- ments in said pro:posed District No. 261 shall be :paid by Special Improvement Dist- rict Ooupon Bonds as authorized by the laws of the State of Montana, which bonds shal. be in the denomination of One Hundred Dollar's (:;plOO .00 ) each and in fractions where necessary, to be iss\1ed and chargeable against a fm1d to be known as Special Improve..; ment District No. 261 Fund, said bonds to be redeemable at the option of the Oi ty of Bozeman, Montana, whenever funds are available for that purpose from said Special Im- pI' ovement Distr fct No. 261 Furtd. Said bonds shall draw simple interest at the rate of six :per. cent. per annum, which shall be chargeable as a part of the cost of said improvement and shall run from the date of the registration of said bonds until said bonds are paid. Sec. 8. To pay said bonds and interest thereon, re:presenting the cost of said improvement, a special assessment shall be levied against all of the lands with- in said pro:posed Special Improvement District No. 261 as hereinbefore defined, each square foot of the area thereof to .1>e assessed and taxed for its proportionate share of such entire cost, exclusive of streets, avenues, alleys and public places. Sec. 9. Said assessment and taxes shall be payable in eight annual install ment s wi th six per cent. annual intere st on deferred :payments co mmenc ing vvi th the year-1927, but this provision shall not be constrU8cl to prevent full payment at any time. Sec. 10. That the regular session of the Oity Commission of the City of Bozeman, State of Montana, to be held in the Commission Cham.ber, Ci t.y Hall Building, City of Bozeman, on Friday, the 1st day of April, 1927, at 7:30 o'clock P.M. of said day, are the time and place designated when and where the said City Commission will hear and pass upon all protests duly and regularly made and filed., against said pro- posed improvement and tlm creation of said proposed improvement district, and the ex- tent and character thereof, or of ei the l' thereof. Sec. 11. That the Clerk of the said City Commission of the City of Boze- man, State of Montana, be, and he is hereby directed to give notice as required by law, of the adoption of this Resolution. _u__ _____ - - -------...----------- -..-- , Passed by the City Commission of the City of Bozeman, Montana, and approve by the Mayor of said City, this 4th day of March, A.D. 1927. ATTEST; ~~4~A/ :!IlIA YOR . CIERK OF THE CO]\;!MISSION. NOTICE Notice is hereby given that at a regular meeting of the City Commission of the City of Bozeman, State of Montana. held on Friday, the 4th day of March. A.D. 1927, a Resolution of said Commission was duly passed and adopted. declaring it to be the intention of said Commission to create a special improvement district to be known and designated as Special Improvement District No. 261 of said City of Boze- man. Mon tana, for the purpose of making improvements as follows: The construction of a sanitary sewer in the alley in Gardner & Smith's Re- arrangement of Block 2. Capital Hill Addition, from Fifth Ave. to Fourth Ave.; thenc e south on Fourth Ave. to the center of Arthur street, together with a lateral sewer in the alley in Blocl{ 15 of said Capitol Hill Addition, as rearranged, a distance of approximately 180 feet, all in the City of Bozeman. Montana. And declaring it to be the intention of said City Commission to ~ecially assess the entire cost and expense of said improvements,. including pipe, wyes, manholes, trench- ing, pipe laying, backfilling, engineering, inspection and incidentals, against the land within said special improvement district, each square foot of the area of the land. within said district to be assessed and taxed for its proportionate share of said entire cost, exclusive of str~ets, avenues, alleys and public places. , That the wtima te of the, ap:proximate co st of oonstructing said im:provement is Three Thousand Three Hundred Sixty~five'and 10/100 Dollars ($3365.10): that the total area of the :property wi thin said district to be asse ssed and. taxed for said improvements is 146800 square feet, and the estimated cost per square foot of said area to be so ~ecial1y assessed and taxed, is $0.022923. That Friday. the 1st day of April, 1927, at 7;30 o'clock P.M. of said d.ay at the Cpmmission Chamber, City Hall Building. said City of Bozeman, State of Mon- tana, has been designated as the time and place when and where the said City Commis- sion will' hear and pass upon all protests against the proposed improvement or crea- tion of said. special irrlprovementdistrict, and the land therein to be assessed, or' either both or any thereof. That at any time within fifteen days after the first publication of this noticeanyownerofp:t"operty liable to be assessed on account of said proposed improvement may ma,ke protest against said improvement or against the extent 91' creation of said S]lecial.improvement district in the manner provided by law, such protest to be filed with the Clerk of said City Commission at the City Hall of said City of Boz;eman, state of Montana, and such protestor protests will be duly considered by said City Commission at the time and place as hereinbefore sp ecifi.ed. That fOr a description of the boundaries of said Special Improvement District No. 261 reference is hereby macle to the Resolution of the City Commission of the City of Boz'e an declaring the iptention to create the same, which is on file in the of rice of the undersigned Clerk of said Commission in the City Hall of said City of Bozeman, State of Montana, and open for inspection to all interested parties and to the public gen- erally. Dated at Bozeman, Montana, this 4th day of March, A.D. 192'7. ~~'~~SSION.