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HomeMy WebLinkAboutResolution 1864 Special Improvement District 576 228 COMMISSION RESOLUTION NO. 1864 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVE- MENT DISTRICT NO. 576 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CON- STRUCTION AND INSTALLATION OF WATERMAIN AND SANITARY SEWER MAIN AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: A SIX (6) INCH WATERMAIN AND APPURTENANCES ON THE ENTIRE LENGTH OF NORTH TWENTY-SECOND AVENUE BETWEEN BEALL STREET I AND DURSTON ROAD; A TEN (10) INCH WATERMAIN AND APPURTENANCES ON A PORTION OF DURSTON ROAD FROM A POINT APPROXIMATELY 117 FEET WESTERLY OF THE WEST LINE OF NORTH TWENTY-FIRST AVENUE TO A POINT APPROXIMATELY 117 FEET WESTERLY OF THE WEST LINE OF NORTH TWENTY-SECOND AVENUE; AN EIGHT (8) INCH SANITARY SEWER LATERAL MAIN AND THE NECESSARY APPUR- TENANCES ON THE ENTIRE LENGTH OF NORTH TWENTY-SECOND AVENUE BETWEEN BEALL STREET AND DURSTON ROAD TO SERVE LOTS 16 THROUGH 31 OF BLOCK 3 AND LOTS 1 THROUGH 16 OF BLOCK 4 OF WEST PARK MANOR, SECOND ADDITION TO THE CITY OF BOZEMAN, MONTANA. THE CONSTRUCTION AND INSTALLATION OF THE WATERMAIN TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, CAST IRON WATERMAIN, VALVES, FITTINGS, HYDRANTS, SERVICE LINE STUBS, AND OTHER NECESSARY APPURTENANCES. THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER MAINS SHALL INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, INSTALLATION OF SEWER MAIN, NECESSARY WYES, SERVICE LINE STUBS, MANHOLES, AND OTHER NECESSARY APPURTENANCES THERETO. WHEREAS, at a regular session of the City Commission of the City of Bozeman, held on the 2nd day of February, 1977, the said City Commission duly passed Commis- sion Resolution No. 1858, declaring it to be the intention of the said City Commission to create a special improvement district to be known and designated as Special Im- provement District No. 576 of the said City for the purpose of constructing and in- stalling lateral watermains and appurtenances to serve the adjoining properties, and to specially assess the entire cost and expense of making said improvements against the property within the said district under and by virture of the provisions of the I laws of the state of Montana in such case made and provided, and said Commission Resolution No. 1858 is hereby referred to and made a part hereof for further par- ticulars in respect to the boundaries of said Special Improvement District No. 576, the estimated cost of said improvements, and the method of assessing the same against the property of said district; and, WHEREAS, notice of the passage of said Commission Resmlution No. 1858 was duly published, as required by law, in the Bozeman Daily Chronicle, a daily newspaper of general circulation printed and published in the City of Bozeman, Montana, and by sending a copy of such notice by U.S. mail to each person, firm, or corporation having property within the proposed district at his or its last known address, upon the same date that such notice was first published as aforesaid, and due proof having been made of the publication and service of said notice; and, WHEREAS, within the time provided by law and said published and served notice, there were not sufficient protests against the creation of said proposed Special Improvement District No. 576, and the City Commission was in regular session the 2nd I day of March 1977, at 1:15 o'clock p.m. of said day, at the Commission Chamber in the City Hall Building in the said City of Bozeman, Montana, the same being the time and place designated in said notice for passing upon all protests, if any, against the proposed work or against the creation or extent of said district, or both or either; and it further appearing that all of the proceedings for the creation of said district have been lawful and regular. COMMISSION RESOLUTION NO. 1864 - - -........- .. -.. -.--.- ._.m.. _. -- . --.--- ..-. ...-. - .-- _ _ . _om 229 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN: Section 1 - That the said Special Improvement District No. 576 of the City of Bozeman be, and the same is hereby created for the purpose of making the improvements as in said I Commission Resolution No. 1858 and hereinafter described. Section 2 That said special improvements be, and the same are, hereby ordered to be made in said Special Improvement District No. 576 as follows: CONSTRUCTION AND INSTALLATION OF A WATERMAIN AND SANITARY SEWER MAIN AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: A SIX (6) INCH WATERMAIN AND APPURTENANCES ON THE ENTIRE LENGTH OF NORTH TWENTY-SECOND AVENUE BETWEEN BEALL STREET AND DURSTON ROAD FROM A POINT APPROXIMATELY 117 FEET WESTERLY OF THE WEST LINE OF NORTH TWENTY-FIRST AVENUE TO A POINT APPROXIMATELY 117 FEET WESTERLY OF THE WEST LINE OF NORTH TWENTY-SECOND AVENUE; AN EIGHT (8) INCH SANITARY SEWER LATERAL MAIN AND ~BE NECESSARY APPURTENANCES ON THE ENTIRE LENGTH OF NORTH TWENTY-SECOND AVENUE BETWEEN BEALL STREET AND DURSTON ROAD TO SERVE LOTS 16 THROUGH 31 OF BLOCK 3 AND LOTS 1 THROUGH 16 OF BLOCK 4 OF WEST PARK MANOR, SECOND ADDITION TO THE CITY OF BOZEMAN, MONTANA. THE CONSTRUCTION AND INSTALLATION OF THE WATERMAIN TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, CAST IRON WATERMAIN, VALVES, FITTINGS, HYDRANTS, SERVICE LINE STUBS, AND OTHER NECESSARY APPURTENANCES. THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER MAINS SHALL INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, INSTALLATION OF SEWER MAIN, NECESSARY WYES, SERVICE LINE STUBS, MANHOLES, AND OTHER NECES- SARY APPURTENANCES THERETO. Section 3 That the entire cost and expense of making the special improvements herein I referred to in said Special Improvement District No. 576 shall be paid by Special Improvement District Coupon Bonds, as authorized by the laws of the state of Montana, which bonds shall be in the denominations of $100.00 each, and fractions or multiples thereof where necessary, to be issued and chargeable against a fund known as "Special Improvement District No. 576 Fund", and said bonds to be redeemable at the option of the City of Bozeman whenever funds are available for that purpose from said Special Improvement District No. 576 Fund; and bonds shall draw interest at a rate not to exceed seven percent per annum, which shall be chargeable as a part of the ]ost of , /bon s said improvement and shall run from the date of the registration of said':,until said bonds are paid. To pay said bonds and the interest thereon, representing the cost of said improvements, a special assessment shall be levied against all of the lands " within said Special Improvement District No. 576 as in said Commission Resolution No. 1858 defined. Section 4 Said assessments and taxes shall be payable in 20 annual installments extending I over a period of 19 years, with interest of deferred payments, but this provision shall not be construed to prevent full payment at any time. Section 5 That the City Engineer be, and he is hereby directed to prepare plans and specifications for the doing of said work and the making of said improvements. Section 6 That pursuant to the provisions and authority conferred by Section 11-2232, Revised Codes of Montana, 1947, said bonds may be sold to the highest and best bidder COMMISSION RESOLUTION NO. 1864 230 therefor for case, and the proceeds of such sale used in making payments to the contractor, or contractors, for such work and such payment may be made either from time to time on estimates made by the engineer in charge of such improvements for the City, or upon the entire completion of the improvements and the acceptance thereof by the City Commission. I Section 7 That upon the completion of plans and specifications by the City Engineer for the doing of said work and that making of said improvements, the Clerk of the City commission of the City of Bozeman be, and is hereby directed to publish a notice inviting proposals for the making of said improvements on said Special Improvement District No. 576, which notice shall refer to the plans and specifications on file, by publishing such notice in two issues of the Bozeman Daily Chronicle, a daily news- paper printed and published in the City of Bozeman, Montana, not less than 10 days before the time such bids will be opened. PASSED AND ADOPTED by the City Commission of the City of Bozeman at a regular session thereof held on the 2nd day of March 1977. Mayor ATTEST: C State of Montana ) I county of Gallatin) City of Bozeman ) I, Erna V. Harding, Clerk of the Commission of the City of Bozeman, do hereby certify that the foregoing Resolution No. 1864 was published by title and number in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City in the issue of the 14th day of March 1977 and due proof of such publication is on file in my office. IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my office this 28th day of March 1977. '/ /~ ~~ C~;:~th~ 'City Co " sion I COMMISSION RESOLUTION NO. 1864 . ---- -- -.. ...-.-....- -...------ __.n ...-.-- ~ ,- ..-