HomeMy WebLinkAboutResolution 1729 Special Improvement District 547
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COMMISSION RESOLUTION NO. 1729
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A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL
IMPROVEMENT DISTRICT NO. 547 OF THE CITY OF BOZEMAN FOR THE PURPOSE
OF CONSTRUCTING AND INSTALLING A TRUNK STORM DRAINAGE SYSTEM
I INCLUDING NECESSARY STORM DRAINAGE PIPE, MANHOLES, INLETS, DITCHES,
AND OTHER NECESSARY APPURTENANCES TO STORM DRAINAGE, TOGETHER WITH
GRAVEL FILL MATERIAL NECESSARY TO ESTABLISH REQUIRED GRADES ALONG
THE SOUTH SIDE OF DURSTON ROAD FROM NORTH ELEVENTH AVENUE TO NORTH
EIGHTEENTH AVENUE IN THE CITY OF BOZEMAN, MONTANA.
WHEREAS, at a regular session of the City Commission of the City of Bozeman, held on the 19th
day of March, 1975, the said City Commission duly passed Commission Resolution No. 1728, declaring
it to be the intention of the said City Commission to create a special improvement district to be
known and designated as Special Improvement District No. 547 of the said City for the purpose of
constructing and installing a trunk storm drainage system, together with necessary trench
excavation, tree removal, connections to existing storm sewers, backfilling, and other work
incidental thereto, and to specially assess the entire cost and expense of making said improvements
against the property within said district under and by virtue of the provisions of the laws of the
state of Montana in such case made and provided, and said Commission Resolution No. 1728 is hereby
referred to and made a part hereof for further particulars in respect to the boundaries of said
Special Improvement District No. 547, 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 Resolution No. 1728 was duly published, as
I 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. 547, and
the City Commission was in regular session the 9th day of April, 1975, 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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN:
Section 1
I That the said Special Improvement District No. 547 of the City of Bozeman be, and the same is
hereby created for the purpose of making the improvements as in said Commission Resolution No. 1728
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. 547 as follows:
COMMISSION RESOLUTION NO. 1729
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CONSTRUCTING AND INSTALLING A TRUNK STORM DRAINAGE SYSTEM
INCLUDING NECESSARY STORM DRAINAGE PIPE, MANHOLES, INLETS,
DITCHES, AND OTHER NECESSARY APPURTENANCES TO STORM DRAINAGE,
TOGETHER WITH GRAVEL FILL MATERIAL NECESSARY TO ESTABLISH
REQUIRED GRADES ALONG THE SOUTH SIDE OF DURSTON ROAD FROM
NORTH ELEVENTH AVENUE TO NORTH EIGHTEENTH AVENUE IN THE CITY
OF BOZEMAN, MONTANA.
I
Section 3
That the entire cost and expense of making the special improvements herein referred to in said
Special Improvement District No. 547 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 denomination of $100.00
each, and fractions or multiples thereof where necessary, to be issued and chargeable against a fund
to be known as "Special Improvement District No. 547 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. 547 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 cost of said improvements and shall
run from the date of the registration of said bonds until said bonds are paid.
To pay said bonds,
and the interest thereon, representing the cost of said improvement, a special assessment shall be
levied against all of the lands within said Special Improvement District No. 547 as in said
Commission Resolution No. 1728 defined.
Section 4
Said assessment and taxes shall be payable in 20 annual installments extending over a period of
19 years, with interest on deferred payments, but this provision shall not be construed to prevent
I
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 therefor for cash, and the
proceeds of such sale used in making payment 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.
Section 7
That upon the completion of plans and specifications by the City Engineer for the doing of said
work and the 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. 547, which notice shall refer to the plans and specifications
I
on file, by publishing such notice in two issues of the Bozeman Daily Chronicle, a daily newspaper
printed and published in the City of Bozeman, Montana, not less than 10 days before the time such
bids will be opened.
COMMISSION RESOLUTION NO. 1729
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385
PASSED AND ADOPTED by the City Commission of the City of Bozeman at a regular session thereof
held on the 9th day of April, 1975.
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ATTEST:
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Clerk
First published in Bozeman Daily Chronicle 13 April 1975.
State of MOntana )
County of Gallatin : ss
City of Bozeman )
I. Erna V. Harding, Clerk of the Commission of the City of Bozeman, do here certify that the
foregoing Resolution 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 13th day of April 1975,
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 14th day of
April 1975.
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~R~~~/ ~DIN:~~
Clerk of the City Commission
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COMMISSION RESOLUTION NO. 1729
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