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HomeMy WebLinkAboutResolution 1266 Creates SID No. 470 -"....--.--.-. 1-76 COMMISSION RESOLUTION NO. 1266 A RESOLUTION OF' THE CITY COMMISSION OF THE CITY OF BOZEMAN CREA TINa A SPECIAL H'PROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPRO\~MENT DISTRICT NO.470 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF nEVELOPING- A PORTION OF KIRK PARK, SAID PROPOSED DEVELOPMENT TO PROVIDE FOR MULTI+PURPOSE PLAY AREA, CHILDREN'S PLAY AREA, PICNIC AREA, SRADE AND lJECORATIVE I TREFS AND SHRUBBERY, SANITARY FACILITIES, PATHWAYS, DEDI - CATION MONUMENT, AND SPECIAL IMPROVEMEN'~-'S SUCH AS WATERLINES, SEWERS AND PAVEMENT OF THE PORTION OF 'THE ST~EETS ADJACENT TO ANn ABUTTING KIRK PARK. WHEREAS, at a regular session of the Commission of the City of Bozeman, State of Montana, held on the 13th day of April, 1966, the said Commission duly passed Commission Resolution No. 1262 declaring it to be the intention of the said Commission to create a special improvement district to be known and desig- nated as Special Improvement District No. 470 of the said City for the purpose of developing a portion of Kirk Park, said proposed development to provide for multi-purpose play area, children's play area, picnic area, shade and decorative trees and shrubbery, sanitary facilities, pathways, dedication monument, and special improvements such as waterlines, sewers and pavement of the portion of the streets adjacent to and abutting Kirk Park, and to specially assess 50% of the entire cost and expense of making such improvement against the entire dis- trict 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. 1262 is hereby referred to and made a part hereof for further particulars in respect to the I boundaries of said Special Improvement ~istrict No. 470, the estimated cost of said improvements and the method of assessing the aame against the property of said District; and WHEREAS, notice of the passage of said Commission Resolution No. 1262 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 ajdreas, upon the same date that such notice was first published as afore- said, and due proof ha ving been made of the publica tion and service of said notice; and WHEREAS, wi thin the time provided by law and said publiahed and served no- tice there were not sufficient protests against the creation of said proposed Special Improvement District No. 470, and the City Commission was in regular session on the 11th nay of May, 1966, at one o'clock p.m. of said day, at the Commission Chamber in the City Hall Building in the said City of Bozeman, the I same being the time and place designated in said notice for passing upon all protests, if any, against the proposed work or ag.~inst 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. 1266 ...---.----. -.-.-......-....- 177 NOW, THEREFOR~:, BE IT RESOLVED BY THE COMMISSION OF THE CI'I'Y OF' BOZEMAN: Section 1 That said Special Improve~ent District No. 470 of the City of Bozeman, State of Montana, be, and the same is hereby created for the purpose of making I the improvements as in said Resolution of Intention No. 1262 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. 470 as follows: DEVELOPMENT OF A PORTION OF KIRK PARK, SAID DE VELOPMEN 'I' TO PROVIDE FOR MULTI-PURPOSE PLAY AREA, CHILDREN'S PLAY AREA, PICNIC AREA, SHADE AND DECORATIVE TREES AND SHRUBBEHY, SANITARY FACILITIES, PATHWAYS, DEDICATION MONUMENT, AND SPECIAL IMPROVEMENTS SUCH AS WATERLINES, SEWERS AND PA VE+ MENT OF THE PORTION OF THE STREETS ADJACENT TO AND ABUTTING KIRK PARK. Section :3 That 50% of the entire cost and expense of making the special improvement herein referred to in said Special Improvement District No. 470 will be paid by the United states Government, through the Department of the Interior, Bureau of Outdoor Recreation, administered in the State of ~ontana by the Fish and Game Commissioni and the remaining 50% shall be paid by Special Improvement District Coupon Bonds, as authorized by the laws of the State of Montana, which I bonds shall be in denomination of One Hundred Dollars ($100.00) each, and frac- tions or multiples thereof where necessary, to be issued and chargeable against a fund to be known as "Special Improvement District No. 470 Fund," said bonds to be redeemable at the option of the City of Bozeman, Montana, whenever funds are available for that purpose from said Special Improvement District No. 470 Fund; said bonds shall draw interest at a rate not to exceed six percent (6%~ 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 470 as in said Resolution of Intention No. 1962 defined. Section 4 Said assessment and taxes shall be payable in twenty (20) annual install- ments extending over a period of nineteen (19) years, with interest on defer- red payments; but this provision shall not be construed to prevent full payment I a t any tirr,e. 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 improvemen ts. COMMISSION RESOLUTION NO. 1266 ~ .....--.....--. ______._.n._. _..._.""..____..,._._....._ ... .... -.-..--.-----..- 178 Section 6 Tha t pursuant to the provisions an'i au thori ty conferred by Section 11-2232, Revised Codes of Montana, 1947, said bonds may be sold to the highest and best bidder therefore for cash, and the proceeds of such sale use,] in making payment to the contractor, or contractors, for such work, and such payment may be made I 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 completion of plans and specifications by the City Engineer for 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 improvements on said Special Improvement District No. 470, which notice shall refer to the plans and specifi- ca tions on file, by publishing such notice in two (2) is sues of the Bozeman Da i ly Chronicle, a daily newspaper printed and published in the City of Bozeman, not less than ten (10) days before the time such bids will be opened. PASSED AND ADOPTED by the Commission of the City of Bozeman a t a regular session thereof held on the 11th day of May, 1966. ATTEST: .. I.., Mayor ~ ~~ . C ~ of' ~it ommisaion State of Montana ) Coun ty of Galla tin ) ss. City of Bozeman ) I, Erna V. Har,.4ing, Clerk of the Commission of The City of Bozeman, 110 hereb~' certify tha t the foregoing Resolution No. 1266, was pub1isheJ by ti tIe and number in the Bozeman Daily Chronicle, a newspaper of general cireulation printed and published in said City in the issue of May 16th and due proof of such publication is on file in my office. IN WITNESS WHEREOF I hereunto set my hand and affix the corporate aeal of my office this 1st day of July, 1966. t~ I?~-/ /~./ / \ c24.~~,~t Clerk of t e Cit~mmlssion I COMMISSION RESOLUTIJN NO. 1266