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HomeMy WebLinkAboutResolution 1210 Creates SID No. 458 490 COMMISSION RESOLUTION NO. 1210 A RESOLUTION OF THE CITY CC~MMISSION OF 'IRE CI'J'Y OF BOZEMAN CHEA'I'ING A SPECIAL IMFHOVEMENT DISTRICT 'TO BE KNOWN AS SP ECIAL IMPROVK'''m~T DISTRIC'I' NO. 458 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF COt: STBUC'I'ING AND INSTALLING AN EIGHT INCH SANITARY SEWER LIt-IE IN TEE ALLEYS OF BLOCK ONE AND l-'ORTI~N OF' P LOCK TWO OF' DUH- STON'S SECONf) SUBDIVISION 'rOTHE CITY OF BOZEMAN, M(iN'I'A?"A. I VffiEREAS, at a regular session of the Commission of the City of Bozeman, State of Montana, held on the 19th day o~\i~~.t~ 1965, the said commission duly- passed Commission Resolu tion No. 1194 declaring it to be the in ten H-n of the said Comm- ission to create a special improvement district to be 1mown and designated as Special Improvement Djstrict No. 458 of the sa id City for the purpose of constructing and ins taIlIng an ei,!ht inch sani tary sewer line in t he alleys of Block One and po1t'tion of Block Two of Durston' s Second Subdivision to the Ci ty of Bozeman, Montana, - and to specie. lly a 8S88B the entire cost and expense of making sa id impro vements against the property wi thin said District unc'ler and by virtue of tbe provisions of the laws of the State of Montana in such case made and provided, and said Commission Resolution No. 1194 is hereby referred to nd made a part hereof for further par- tieu lars in respect to the boundaries of said Special Improvement Dis triet No. 458, the estimated cost of said ir-provements and the method of assessing the same agamst the property of said District; and WHEREAS, notice of the ,passage of said Commission Resolution No. 1194 was duly published, a required by law, in the Bozeman Daily Chronicle, a daily newspaper of I general circul!::1t:1on printed and published in the City of Bozeman, Montana, and by sending a copy of such notice byU. S. Mail to each person, firm or corpora tion having property within the proposed District at his or its last known address, upon the same date that such notice was first published as afpresaid, and due proof having been made of the publication and service of said notice; and Whereas, wi thin the tine provided by law and said rmblished and served notice there were not sufficient protests qgainst the creation of sai('~ proposed Special Improvement District No. 458, and the City Commission was in regular session the 19th day of May, 1965, at one o'clock p.m. of sai4 dayJat the Commission Chamber in the 01 ty Hall Building in the said C1 ty 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 ei ther; and it further appearing that all of the proceedings for the creation of said District have been lawful and regular; NOW, THEREFORE, BE 1'1' RESOLVED BY 'T'HE CO!lnnSSION OF' 'IRE CI TY OF' BOZEMAN: Section 1 I That said Special Improvement District No. 458 of the City of Bozeman, Sta te of Montana, be, and the same :is hereby c!'eated for the purpose of making the inprove- ments as in said Resolution of Intention No. 1194 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. 458 as follows: CONSTRUCTION AND INSTALLATION OF AN EIGHT INCH SANI1'ARY SEVIER 4~Jt LINE IN.TI-IE ALLEYS o I,' BLOCK CNE AND FOlTION OF BLOCK TWO OF DURS'I'ON'S SECOND SUBDIVISION TO THE CITY OF BOZEMAN, M.JN 'I'ANA, INCLTJTnNG TRENCH EXCAVATIOi, AND BACKFILL, INSTALIA TION OF NECESSARY FITrr'INGS AND OTHER APPtJRTENANCES AND WORK INCIDENTA~ THERETO. Section :3 Tha t the entire cost and expense of ma king the special improvement herein I referred to in said Special Improvement District No. 458 shall be paid by Special Improvement District Coupon B~nds, as authorized by the laws of the State of Montana, which bonds shall be in the denomina tion of 6ne 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 Imrrovement Dia tric t No. 458 Fund", sa id bonds to be redeemable at the option of the City of Bozeman, Montana, whenever funds are avail- able for that furpose from said Special Improveroont District No. 458 Fund; Baid bonds sh~ll draw interest at a 1'a te not to exceed six percent (6%) per annum, which shall be chargeable as a part of the cost of sa.id improvements and shall run from the da te of the registration of said bonds until said bonds are paid. To pay said bonds, and the lnterest thereon, representing the cost of said improvemen t, a special assessment shall be levied against all of the lands wi thin said Special Improvement District No. 458 as in said Resolution of Intention No. 1194 defined. Section 4 Said Assessment and taxes shall be payable in ten (10) annual installments extend'ng over a period of nine (9 ) years, wi 171 interest on deferred pa ymen ts, but I this crovision shall not be constr1Jed to prevent full payment at any time. Section 5 That the City Engineer be, and he is bereby, 011" ec ted ~ pre~are plans and specifica tlons for the do:ns of said work and the making of said improvemen ts . 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 nd best bidder therefor cash, and the proceeds of such sale used in making payment to Ihe contractor or contractors, for such work, !:lnd such pa;yment may be made ei the I' from time to time on estimates made by the engineer in charge of such improvements for the City, or upon t he entire completion of the improvements and the acceptance there of by the City Commission. Section 7 That upon completion of plans am specifications by the City Engineer for the doing of said work and the making of said improvements, the Clerk of the City Comm- ission of the vi ty of Bozeman, Montana, be, and is hereby directed to publish a notice I inviting proposals for the making of said improvements on said Spec ja 1 Improveme nt District No. 458, 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 thereof held on the 19th Day of May, 1965. Resolution No. 1210 4B2 ATTEST: I State of Mnntana ) County nf Gallatin) ss City of Bozeman ) I Erna V. Hard:tng, Clerk of the City Commission of the City of Bozeman, do hereby certify tha t the foregoing Resolu tion No. 1210 was published by title and number in the Bo,zeman Daily Cht'onicle, a newspaper of e;eneral circulation prin ted and published in said City in the issue of the 26th 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 corp- ~r orate seal of my- office this 4th day of June, 1965. ~~, d ~~ Clerk of tH City C mission I ~ I . Resolution No. 1210 "--- -