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HomeMy WebLinkAboutRes 941: Creating SID No. 174 . ---..-..---. -- ......-...---.......-.... - _u_.~., .~- - - ~"--'~'~ ~~-~-'" ,~- ~~~ ~~~ -- COUNCIL RESOLUTION NO. 941. A COUNCIL RESOLUTION CREATIlW SPECIi~1 IMPHOVEl.lliHT DISTRICT no. 174 0]' THE CITY OF BOZBIvtAN. STATE O:b' MONTANA, li'OR TIlli l?URJ?OSE OJ:!' COllSTRUCTING A SANITARY SEWER Ol~ EAST LAM1lli STREET PROM WALLACE A VEllUE TO IDA A VENUE V:ITHIN SAID CITY. OHDLR lUG SUCH riORK TO BE DOl~B TJlliHEIN ..'\HD PROVIDING pon A SBECll.L AS3.IJ:SSMENT 01:' THE BUT IRE COST AND EXPE1ISE 0]' MAKING SAID nIJIPEOVlMill~TS AGA INST TEE PIW- PERTY WITHIN Sl..LD DISTnrCT, UlmER AND BY VIRTUE 0]' THE PROVIS- IONS 0]' CHAPTER 89, LAWS 0]' 1IONTANA, 13TH SBSSIOlI. 1913, liS AMENDED BY CHAPTER 142, LAWS 0]' IVWIfTANA, 14~H SBSSIOH, 1915 WEEREAS, at 8 ref'ular session of the City Council of the City of Bozemo.n, state of Montana, held on the 17th day of April. 1919, the said City Council duly passed Council Resolution Ho. 923 A, declaring it to be the intention of the said City Council to create a special improvement district, to be known and designated as "Special Improvernont District No. 174 of the said City for the purpose of constructing a sanitary sewe~ on East Larmne street from Wallace l~venue to Ida Avenue within said City and to specially assess the en- tire cost and expense of making said imDTovoments and con- structing said sanitary sewer against the property within snid ~istrict, under tJnd by virtue of the provisions of Chap- ter [39, Laws of Montana, 13th Session, 1913, as amended by Chapter 142,11 Laws of Montana, 14th Session, 1915; which said Council Heso1ution No. 923 A is hereby referred to and made a part hereof, for further particulars in respect to the bound- aries of said District, the estimoted cost of said improvements and the method of assessing the same against the property with- in said District; and WHEREAS, notioe of the passage of st..id Cou.ncil Res- olution Ho.923 A was dul;;.?" published in one issue of the (Bozeman Courier) Weekly Courie.!,I, a weekly news})sper printed Dnd published in said City of Bozeman, to-wit: in the issue of April 23rd. 1919 and by mailing e co~y of such notice ,to each person, firm or c orporat ion, or the agent of such persOIl, firm or corpora ti on having property wi thin se id proposed District, at his Ie t:;j~ i, , ~.\. known address upon the same day that such notioe was published. ': and due proof having been made of the publication and mailing of such notices, and --------.---.-.---.---- ......___._______.u .- .- ,. ~~ -,.~~-~--~_._-- .- =-. = -"~~~ ~u..=,. .-.. - .~- -==. - ---- -...............~~~- ~ -{..i.- WHERE.AS t wi thin the time provided by said Council Hes- olution No. 923 A and said notice, on or before the 15th day of May, 1919, prote~tswere delivered to and presented to the City Clerk, (Clerk'of the City Counc~l) in writing against the pro- I posed work and the creation of said District and the extent j thereof, and said Oi ty Council was in regul!:lr session on Tlmrs- day, the 15th day of May, 1919, et seven-thirty o~clock, P. M., at the Council Chamber, said Oity, the same being the time Bnd place designated for heBring protests, if any, ap:einst the pro-- posed work, or t~e creation of said Distriot or the extent there- of, and at said regular session held on said date, the matter of said protests and the creation of said District was referred to the Sewer Committee and to the Secretary of the Board of Health for investigation, report and reconunendation; and W:a:BREAS, at an adjourned ree-ular session of the City Council held on the 9th day of ,June, 1919, the said Sewer Comn1ittee and Herbert H. Judd, City Health Officer, and Sec- retary of 'the Board of Health, did make the following report and recommendation, to-wit: "The total frontage in the c.listrictis 884 lint ft.; the total fronta~e on the protests is 499 lint ft. or 56% of the total frontage in the district. In view of the fact thnt" the ground s1 tUCJtion .is such that toilets cannot be safely connected w:t th cesspools Dnd that the claim of the protestants that the sewer will be too shallow to Serve their houses is incorrect, we recommend thr:t the protests be over-ruled and the district be created". AND WHEREAS, the said City Council deems it necessary to the public health of the said Oity and the sanitat:ton of sBid District, and that said sanitary sewer be constructed notwith- standing the protests presented and filed as aforesaid; And it appearing that all proceedings for the creation of said District have been complied ~ith. ---...-..-----.----..--.----------------.-.------.....--.-....- -- .-...--.-..-..-.. -..--- ~._.___.__w.~_.,., '-.----,,-. ~~,~~~~~~.__.~-~. ._, ~~~~w_.~_.. _W~~ ~__~_.~.~~_~"~,,...~,~~~'''_N.'.~~' ~_" -- - ~-~- -3- sidered by the said City Counoil be, and the same are hereby over-ruled. Section 2- That the said Spe,cial Improvement Dis- . trict No. 174 of the City of Bozermin, ~}tate o:fHontans, 'be, and the same is hereby created for the purpose of mnkinr the improveme~ts therein as hereinafter described; " Section 3- That said 8'1)eci81 improvementSb$, and the same are hereby, ordered to be made in said Special Im- provement District No. 174 a8 follows: The digging of the neoessary trenches, and laying of a six inch sanitary sewer, vitrified tile sanitary sewer pipe, together with the laying and installing of all man- holes, wyes, or other appurtenanoes neoessary to construot and complete 8 sanitary sewer on said East Lamme Street, from Weflace Avenue to Ida Avenue, a distance of 448 feet, which sanitary sewer will conneot with the main sewer at Wallace Avenue; Section 4- That the entire cost and expanse of making the special improvements hereinbefore set forth in said Special Improvement District No. 174 shall be paid by special improvement District Counon Bonds of the denomination of One Hundred Dollars (or fraction thereof where necessary) to be drawn agDinst a fund to be known as "Special Improve- ment District No. 174 }t'und"; that such bonds shall be redeem- able at the option of said City at any time that there Bre funds to the credit of said Speci"l Improwcmont J.)istrict No. st the rate of six per cent per annuM, and suoh interest 174 for the redemption thereof, and 8h[111 draw simple interesil from the date of the registration of the bonds until the pay- ment of the first installment will be c(;lle cted et the time of collecting suoh first installment; that the entire cost and ex- pense of said improvements within said District fJhell be de- frayed by a spccial assessment against the entire District, eaoh lot or parcel of land within said District, bordering or . . abutting on both sides of East Lamme street. from Wallace Avenue to Ida Avenue within said distriot, whereon <:r wherein the improvement has been me de, to be assessed in proportion to the lineal feet abutting or bordering the same; that the amount ~~.. , . .~~~-----.--.-------~~~-~ _~~~....-------~~~""~"'M~'~'_ . ~_~"N~.'_.~"_ 'm~.~.~"~~ ~~-~~.~. ~ ~~ ~..=. . ._~,~.~~.',~ = .. .~ ~_.- =----.=~~~ .''''~''-"~:.. '7~=-'~~~~";;=~~=..:..;;; .,~~~"..~~~~~-_._~...............--~-' - -4- Seotion 5- That the City Bne;ineer, be and he is here- by directed to prepare plans and specifications for the doing of said work und the InBking of said improvements; Section 6- That the City Clerk, be Bnd he is hereby directed to publish a notice invitjng proposals for the fur- nishing of materials, the doing of the work, ond the making of the improvements in said Special ImprovE:ment District No. 174 and referring to the ~3pecific!;tions on file, by publishing the same in two issues of the Bozemf~n Daily Chrohicle, at least ten days before the t im.e such bids will be opened, which shall be at the meeting of the City Council which shall be held on Thursday, the 3rd day of July, 1919. Passed and adopted by the City COlmail of the City of Bozeman, at a regula.r session thereof, held on this 19th day of June ,1919. Approved by the Mayor, this 19th day of June, 1919. C. W. Sweet Li18 YOI:-- (SEAL) Attest: C . A. S pie th City Clerk ,I .