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HomeMy WebLinkAboutResolution 80 Creating SID No. 261 CITY COMMISSION RESOLUTION NO. 80. A RESOLUTION OF T}ffi CITY C01~ISSION OF THE CITY OF BOZEAUill, MONTANA, CREATINGSPE- CIAL IMPROVE!lIJENT DISTRICT NO. 261 OF THE CITY OF BOZEMAN, STATE OF MONTANA, FOR THE PURPOSE OF CONSTRUCTING A SANITARY SEWER IN THE ALLEY IN GARDLmR & SMITH'S REARRANGE- l'IENT OF BLOCK 2, CAPITOL HILL .ADD IT ION, FRmvJ: FIFTH AVE,. ,'rOFOURTHAVE.; THENCE SOUTH ON FOURTH AVE. TO THE CENTER OF ARTHUR STREET . ALSO A LATERAL SEWER IN THE .ALLEY IN BLOCK 15 OF SAID ADD IT ION, AS REARRANGED, A DISTANCE OF APPROXn'lATELY 180 FEET, ALL WITHIN SAID CITY, AND TO SPECIALLY ASSESS THE ENTI):1E COST. AND EXPENSE OF MAKING SAID I1WROVEMENTS AGAINST TIm PROpERTY WITHIN SAID DISTRICT UNDER AND BY VIRTUE OF T}ffi PROVISIONS OF SECTIONS 5225 TO 5277 INCLUSIVE, OF THE REVISED CODES OF MON'rANA, 1921, AND ANY .AlvIENmmNTS TfffiRETO. WHEREAS, At a regular session of the City Commission of the City of Boze- man, State of Montana, held on the 4th day of March, A.D. 1927, the said City Commis- sion duly passed City Commission Resolution No. 79, declaring it to be the intention of said City Commission to create a special improvement district to be known and des- ignated as Special Improvement District No. 261 of said City, for the purpose of constructing a sanitary sewer in the alley in Gardner and: Smith's Rearrangement of Block 2 ,Cap! tolHillAddition, from Fifth Ave. to ;Fourth Ave.; thenc e south on Fourth Ave. to the, center of Arthur St.; also a 'lateral sewer in the alley in Blocl<:: 15 of said addition, as rearranged, a distance,of appr'oximately 180 feet, all within said City, and to specially assess the entire cost and expense of making said im- provements against the property within said district under and. by virtue ,of the pro- visions of Sections 5225 to 5277 inclusive, of the Revised Codes of Montana, 1921, a any amendments thereto, which said City Commission Resolution No. 79 is hereby re- ferred. to and made a part hereof for further particulars in respect to the boundarie of said district, the estimated cost of said improvement and the method of assessing the same against the property within said district. AND VHJEREAS, Notice of the passage of C1 ty Commission Resolut ion No. 79 wa duly pUblished in the Bozeman Weekly Chronicle, a weekly newspaper printed and pub- lished in said City of Bozeman, to-wit: ,In the issue of March 10, 1927, and by mail ing.a copy of such notice to each person, firm or corporation, or agent of such per- -son, firm or corporation having property within the proposed district at his last known address upon the same day such notice was first published as aforesaid, and proof having been mad.e of the publication of said notice; AND WHEHEAS, Wi thin the time provided by law and published notice there were filed with the Clerk of the City Commi ssion protests against the propo sed work and against the creation and extent of said. di$trict to be assessed; and, the saie( City Commission was in regular session on the 1st day of April, 1927, at 7:30 o'cloc P.M., of said day, at the Commission Chamber in the City Hall Building in the said Ci ty of Bozeman, the same being the time and place designated for hearing and upon all protests, if any, against the proposed work or against the creation or ex- tent of said district, or both; and the total area of all property within said dist- rict to be assessed being 146,800 square feet, as stated in City Commission Resolu- tion No. 79, w1d the area of all property within said district owned by persons pro- testing being 3400 s~uare feet, the same being 2.32;0 of said to'tal area and less tha 60;1, thereof, said protests were, by regtllar vote of said City Commission, duly over'- ruled; and it further appearing tJ:wt all of the proceedings for the creation of said district have been complied with; NOW THEREFORE, BI~ IT RESOLVED BY THE CITY COMMISSION OF rrI-JE OITY OF BOZE- )\[LAN, STATE OF MONTANA: Sec. 1. That said Special Improvement District No. 261 of the City of Bozeman, State of Montana, be, an d the same is, hereby created for the purpose of making the improvements therein as hereinafter described.. Sec. 2. That said special improvements be, and the same are, hereby or- dered to be made in said Special Improvement District No. 261 as follows: 'rhe construction of a sanitary sewer in the alley in Gardner and Smith's Rearra:ogement of Block 2, Capitol Hill Addition, from Fifth Ave. to Fourth Ave.; thence south on Fourth Ave. to the center of Arthur street; also a lateral sewer in the all~y in Block 15 of said addition, as rearranged, a distance of approximate ly 180 feet. Sec. 3. That the entire cost and expense of mal;:1ng the special improve- ments herein set forth ,in said Special Improvement District No. 261 shall be paid by Special Improvement District Bonds of the denomination of One Hundred Dollars each, and in fractions where necessary, to be issued and chargeable against a fund to be known as Special Improvement District No. 261 Fund; said bonds to be redeemable at the opt.iOD of the Oi ty of Bozeman, Montana, whenever funds are available for that purpose' from said Special Im];irOvementDistrict No .261 Fund.; said bo nds 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 speoial improvement and shall run from the date of the registration of said bonds until said bonds are paid; and s"Uch interest, from the date of the registration of the bonds until the payment of the first installment, will be collected by the Director of Finance of said Oity of Bozeman at the time of collecting such first installment; tJ:~t the entire cost and expense of said improve- ment within said district shall be defrayed. by a special assessment against the en- tire district, each lot or parcel of lancl wi thin said di strict where.in the improve- ments shall be made, to be assessed for its ];Jroportion of such expense, each sg,uare foot of the area of such lots or parcels of land within said Special Improvement Di stric t No. 261, exclusive of streets, avenues, alleys and publiC places, to be as_ sessed- for its proportionate share of such entire cost; that the amount assessed against each lot or parcel of land. shall be paid in eCJ.1l8,l anmw.l installments ex- tending over a period of seven years. Sec. 4. That the City Engineer be, and he is hereby directed to prepare plans and speoifications for i;;he doing of said work and making said improvements. Sec. 5. That the Clerk of the Commission be, and he is hereby directed to publisb. a notice inviting proposals for the furnishing of materials, the doing of the work and making of sa.id improvements in said Special Improvement District No. 261, referring to plans and. specifications on file, by publishing the same in two issues of the Bozeman Daily Chronicle, a daily newspaper printed and. :published in the said City of Bozeman, not le ss than ten daJ1s before the time such bids will be opened, which shall be at a meeting of the City Commission to be held on Friday, the 15th day of April,1927. Passed and adopted by the City Commission of the City of Bozeman at a reg- ular session thereof, held on the 1st day of April, 192: 7 . Approved by the Mayor on the 1st day of April, 1927. ~~AAr~~:;?~ - ATTEST: IvLAYOH. ~~J~~..d/ CLERK OF THE C01TIJISSION. ,""....~ .