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HomeMy WebLinkAboutResolution 1195 Creates SID No. 457 4172 COMMISSION RESOLUTION NO. 1195 A RESOLUTION OF THE CITY COMM.ISSION OF THE CITY OF BOZEMAN CREATING A SPECIAL JMPROVE- MENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 457 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING WATER MAINS AND SANITARY SEWER LATERAL MAINS ON A PORTION OF SOUTH TRACY AVENUE BEGINNING AT A POINT 149.55 FEET SOUTHWESTERLY OF THE INTERSECTION OF SOUTH TRACY AVENUE AND SPRING CREEK DRIVE TO HILL STREET, ON HILL STREET BETWEEN THIRD AVENUE SOUTH AND HIGHLAND COURT AND I ON HIGHLAND COURT BETWEEN THE SOUTHERLY BOUNDARY OF THOMPSONS ADDITION NO.3 TO A POINT 199.25 FEET WESTERLY OF THE INTERSECTION OF SAID HIGHLAND COURT AND SPRING CREEK DRIVE. \ 0 I WHEREAS, .,ilt a regular session of the Commission of the City of Bozeman, State of Montana held on the 5th day of May, 1965, the said Commission duly passed Commission Resolution No. 1190 declaring it to be the intention of the said Commission to create a special impro\8 ment district to be known and designated as Special Improvement District No. 457 of the said City for the purpose of constructing and installing water mains and sanitary sewer lateral mains on a portion of South Tracy Avenue beginning at a point 149.55 feet southwesterly of the intersection of South Tracy Avenue and Spring Creek Drive to Hill Street, on Hill Street between Third Avenue South and Highland Court and on Highland Court between the southerly boundary of Thompsons Addition No. 3 to a point 199.25 feet westerly of the intersection of said Highland Court and Spring Creek Drive, 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 ths State of Montana in such case made and provided, and said Commission Resolution No. 1190 is hereby referred to and made a part hereof for further particulars in respect to the boundaries of said Special Improvement District No. 457, 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. 1190 was duly pub- lished, 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 I not sufficient protests against the creation of said proposed Special Improvement District No. 457, and the City Commission was in regular session the 28th day of April, 1965, 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 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. 457 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 Intention No. 1190 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. 457 as follows: CONSTRUCTION AND INSTALLATION OF AN EIGHT INCH WATER MAIN ON SOUTH TRACY AVENUE AND A PORTION OF HILL STREET AND A SIX INCH WATER MAIN ON A PORTION OF HILL STREET AND HIGHLAND COURT, INCLUDING NECESSARY VALVES, HYDRANTS, FITTINGS, COPPER SERVICE LINES AND NECESSARY APPURTENANCES. ALSO CONSTRUCTION AND INSTALLATION OF AN EIGHT INCH SANITARY SEWER PIPE LATERAL ON A PORTION OF SOUTH TRACY AVENUE, ON HILL STREET AND A PORTION OF HIGHLAND COURT, INCLUDING NECESSARY MANHOLES, LAMPHOLES, WYES, SERVICE LINES AND OTHER NECESSARY APPURTENANCES. Section 3 That the entire cost and expense of making the special improvements herein referred I to in said Special Improvement District No. 457 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 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 Improvement District No. 457 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. 457 Fund; and 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 t.hereon, representing the cost of said improvement, a special assessment shall be levied against all of the lands within said Special Improvement District No. 457 as in said Resolution of Intention No. 1190 defined. . .._n_ - ,.- 4t7a 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 pa;yment at any time. Section 5 That the City Engineer be, and he is hereby, directed to prepare plans and specifications I 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 therefore 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 and the acceptance thereof by the City Commission. 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 its hereby, directed to publish a notice inviting proposals for the making of said improvements on said Special Improvement District No. 457, 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 will be opened. PASSED AND ADOPTED by the Commission of the City of Bozeman at a regular session there- of held on the 5th day of May, 1965. _. Mayor ATTEST: I p /~ i../.7..d~./ .. ' Clerk of the CityrCommissio State of Montana ) County of Gallatin ) S8. City of Bozeman ) I, Erna V. Harding, Clerk of the Commission of the City of Bozeman, do hereby certify that the foregoing Notice was published at length in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City in the issue of the 13th day of May, 1965, 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 hand and affix the corporate seal of my office this 13th day of May, 1965. g:~ d ~~ . Clerk of t City Commission I