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HomeMy WebLinkAboutResolution 1187 Creates SID No. 455 --- ----------- --...--.--- 4[j2 C01mISSION RESOLUTION NO. 1187 A RESOLUTION OF THE CITY COMrvIISSION OF THE CITY OF BOZEMAN CREAT ING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL n1PROVEMENT DISTRICT NO. 455 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND IN- STALLING A STORM DRAINAGE SYSTE.M TO SERVE TEE AREA OF WEST GARFIELD STREET BETI'lJEEN SOUTH WILLSON AVENUE AND SOUTH TRACY AVENUE AND ALSO SOUTH TRACY AVENUE BETVVEEN WEST CLEVELAND STREET A~1) ~?mST GAR}! IEiD I STREET . WHEREAS, at a regular session of the Commission of the City of BozeIM.n, Ste.te of Montana, held on the lOth day of March 1965, the said Commission duly rassed Commission Resolution No. 1181 declaring it to be the intention of the said Commission to create a speoial improvement distri at to be known and desig:na.ted as Speoial Improvement Dist- rict No. 455 of the said City for the purpose of constructing and installing a. storm drain- age system to serve the area of West Garfield street between South Willson Avenue and South 'I'racy Avenue and also South Tracy Avenue betvieen West Cleve land street and West Garfield Street, 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 Mo:rrl;ana in such case made and provided, and said Commission Resolution No. 1181 is hereby referred to and made a part hereof for further particulars in respect to the boundaries of said Special Improvement District No. 455, the estimated cost of s aid improvements and the method of ass ess ing the same against the property of said District; and 'WIIEREAS. notice of the passage of said Comission Hesolution No. 1181 was duly pub- lished, as required by law, in the Bozeman Daily Chronicle, a daily newspaper of general cir- culation 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 vlithin the proposed District at his or its last known address, upon the same date that such notice vv-as first published n.s aforesaid. and due proof havinr; been made of the publication and service of said notice; and MIl')REAS, within the time provided by law and published and served notice there were not sufficient protests against the creation of said proposed Special Improvement District No. 455, and the Ci~J Commission was in regular session on the lOth day of March. 1965, at one o'clock p.m. of said day, at the Commission Chamber in the City Hall Buildine; in the said City of Bozeman, the same being the t irne and place designated in said notice for pass- I ing 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 proceediD(,s for the creation of said District have been lawful and regular; NOVT, THEREFORE, BE IT RESOLVED BY TlJE COMMISSION OF 'n-m CITY OF BOZEMAN: Section 1 That the said Special Improvement District No. 455 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 ~esolution of Intention No. 1181 and hereinafter described. Section 2 That siad Specia.l improvements be, and the sa.me are hereby, ordered to be made in said Special Improvement District No. 455 as follows: CONSTRUCTION AND INSTAU,ATION OF A STORM DRAINAGE SYSTEM: TO SERVE THE AREA OF 'NEST GARFIELD STREET BETWEEN SOUTH WILLSON AVENUE AND SOUTn TRACY AVI')l1UE AND ALSO SOUTH TRACY AVENill) BETWEEN WEST CLEVELAND STREET AND WEST GARFIELD STREET. Section ;$ That the entire cost and expense of making the specia.l improvements herein referred to in said Special Improvement District No. 455 shall be pa.id by Special Improvement Distriot No. 455 shall be paid by Special Improvement District Coupon Bonds, as authorized by the laws of the State of Hontana, 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 charge- able against a fund to be known as "Spec ial Improvement District No. 455 Fund" said bonds to be redeemable at the option of the City of BozeI!1ln. Montana, whenever funds are avail- I able for that purpose from said Special Improvement District No. 455 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, re- presenting the cost of said improvementE, a special assessment shall be levied against all of the lands within said Special Improvement Distriot No. 455 as in said Resolution of Intention No. 1181 defined. Section 4 Said assessments and taxes shall be payable in ten (10) annual installments extending over a period of nine (9) years, with interest on deferred payments, but this provisions shall -.----.--.-- 453 not be construed to prevent full payment at any time. Section 5 That the City Engineer be~ and he is hereby directed to prepare plans and specifica- tions for the doing of said work and the JOO.king of said improvements. I Section 6 That pursuant to the provisions and authority conferred by Section 11-2232~ Revised Codes of Monta.na~ 1947 ~ said bonds may be sold to the highest bidder therefor for oash~ and the proceeds of such sa Ie used in making payment to the contractor~ or contractors ~ for such work.. ani such payment may be made either from time to time on estimates nnde by the engineer in charge of such improvements for the City.. or upon the entire completion of the improvements ani the acceptance thereof by the City Conunissian. Section 7 That upon completion of plans and specifications by the City Engineer for the doing of said work and the making of said improvenents~ the Clerk of the City Commission of the City of Bozema.n~ Montana~ be~ and is hereby~ directed to publish a notice inviting proposals for the naking of said improvements on said special Improvement District No. 455~ which notice shall refer to the plans and specifi~.tions 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 Bozenan at a regular session thereof held on the lOth day of March~ 1965. - ATTEST: I e City Comm1ss10n ,.....--......- State of Uontana ) County of Gallatin) ss. City of Bozeman ) I~ Ema 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 15th day of March~ 1965, and due proof of such publication is on file in II\Y of fi ce. m 'iVITNESS VVEEREOF.. I hereunto set II\Y hand and affix the corporate s ea.I of nw hand and affix the corporate seal of rnw office this 24~h day of March, 1965. ~i~~4,~~*n I