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Home My WebLink AboutResolution 1568 Special Improvement District 523, Water 445 COMMISSION RESOLUTION NO. 1568 1.,./>0" - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, cUI" 1tI..., &114 7'> CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IM- Lf- 3- ,) . ~ ~ .. PROVEMENT DISTRICT NO. 523 FOR THE PURPOSE OF CONSTRUCTION AND INST- .__C?!.il-.- ALLATION OF A WATERMAIN AND NECESSARY APPURTENANCES TO SERVE THE ADJOINING PROPERTIES MORE SPECIFICALLY DESCRIBED AS FOLLOWS: A SIX INCH CAST IRON WATERMAIN AND NECESSARY APPURTENANCES ON THE ENTIRE LENGTH OF NORTH NINETEENTH AVENUE LYING BETWEEN BEALL STREET AND I DURSTON ROAD. THE CONSTRUCTION AND INSTALLATION OF THE WATERMAIN TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, CAST IRON WATERMAIN VALVES, FITTINGS, HYDRANTS AND ANY OTHER APPURTENANCES NECESSARY THERETO. WHEREAS, at a regular session of the Commission of the City of Bozeman, State of Montana, held on the 28th day of February, 1973, the said Commission duly passed Commission Resolution No. 1565 declaring it to be the intention of the said Commission to create a special improvement district to be known and designated as Special Improvement District No. 523 of the said City of Bozeman for the purpose of constructing and installing water mains on North Nineteenth Avenue lying between Beall Street and Durston Road, and to specially assess the entire cost and expense of making said improve- ments 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. 1565 is here- by referred to and made a part hereof for further particulars in respect to the boundaries of said Special Improvement District No. 523, the estimated cost of said improvements and the method of assess- ing the Same against the property of said district; and WHEREAS, notice of the passage of said Commission Resolution No. 1565 was duly published, as re- quired by law in the Bozeman Daily Chronilce, 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 I 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. 523, and the City Commission was in regular session the 21st day of March, 1973, at one fifteen o'clock p.m. of said day, at the Commission Chamber in the City Hall Building in the said City of Bozeman, 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 COMMISSION OF THE CITY OF BOZEMAN: Section 1 That said Special Improvement District No. 523 of the City of Bozeman, State of Montana, be, and the same is hereby created for the purpose of making the improvements as in said Resolution Of Inten- tion No. 1565 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. 523 as follows: CONSTRUCTION AND INSTALLATION OF A WATERMAIN AND NECESSARY APPURTENANCES TO SERVE THE ADJOINING PROPERTIES MORE SPECIFICALLY DESCRIBED AS FOLLOWS: A SIX INCH CAST IRON WATERMAIN AND NECESSARY APPURTENANCES ON THE ENTIRE LENGTH OF NORTH NINETEENTH AVENUE LYING BETWEEN BEALL STREET AND DURSTON ROAD, INCLUDING ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, CAST IRON WATERMAIN, VALVES, FITTINGS, HYDRANTS AND ANY OTHER NECESSARY APPURTENANCES THERETO. Sec tion 3 I That the entire cost and expense of making the special improvements herein referred to in said No. 523 shall be /taid by Special Improvement District Special Improvement District Coupon Bonds, as authorized by the laws of the State of Montana, which bonds shall be in the denomination of One Hundred Dollars ($100.00) each, and fractions or multiples thereof where necessary, to be issued and chargeable against a fund to be known as "Special Improve- ment District No. 523 Fund", said bonds to be~edeemable at the option of the City of Bozeman, Montana, whenever funds are available for th<<purpose from said Special Improvement District No. 523 fund; said bonds shall draw interest at a rate not to exceed seven percent (7%) 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 COMMISSIONER RESOLUTION NO. 1568 -.---- ---.----.-. ..-.--.-..-. 446 the cost of said improvement, a special assessment shall be levied against all of the lands within said Special Improvement District No. 523 as in said Resolution of Intention No. 1565 defined. Section 4 Said assessment and taxes shall be payable in twenty (20) annual installments extending over a period of nineteen (19) years, with interest on deferred payments, but this provision shall not be construed to prevent full payment at any time. Section 5 I That the City Engineer be, and he is hereb~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 Mont- ana, 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 Commiss ion. Section 7 That upon 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, Montana, be, and is hereby directed to publish a notice inviting proposals for the making of said improvement on said Special Improvement District No. 523, which notice shall refer to the plans and specifications on file, by publishing such notice in two (2) issues of the Bozeman Daily Chronicle, a daily newspaper printed and published in the City of Bozeman, not less than ten (10) days before the time such bids shall be opened. PASSED AND ADOPTED By the Commission of the City of Bozeman, at a regular session thereof held on the 21st day of March, 1973. WILLIAM E. GRABOW, Mayor I ATTEST: " {,--; ,/ (_/~:/'" L,f i~f~:~IID(~a~- ;;y Clerk of the City Commission State of Montana County of Gallatin City of Bozeman I, Ema V. Harding, Clerk of the Commission of the City of Bozeman, do hereby certify, that the foregoing Resolution No. 1568 was published by title and number in the Bozeman Daily Chronicle, a Newspaper of general circulation printed and published in Bozeman in the issue of 23 March 1973 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 3rd day of April, 1973. ( _ /(/"__~'_ ,4 ,,/ F- _ //~;:. /"'. f'~ ,/ /'-?J-C-', /. - C.' '';'--~,{'''7.-;e-/ ERNA V. HARDI~G, // Clerk of the City Commission I COMMISSION RESOLUTION NO. 1568 ..- -.-. ... --. _n..__