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HomeMy WebLinkAboutResolution 1179 Creates SID No. 444 -.. ...-.---- /1'33 4,:~~' COMMISSION RESOLUTION NO. 1179 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROmENT DISTRICT NO. 444 OF THE CITY OF BOZ])(AN FOR THE PURPOSE OF CONSTRUCTING AND INSTALL- ING A STORM DRAINAGE SYSTEM TO SERVE THE AREA ON NORTH EIGHTEENTH A VENUE BETWEEN WEST BEALL STREET AND DURSTON ROAD AND THENCE' NORTHERLY THROUGH I THE MAPLE TERRACE SUBDIVISION AND ON BLACKMORE PLACE TO THE NORTH LINE OF SAID SUBDIVISION. WHEREAS, at a regular session of the Commission of the City of Bozeman, State of Montana, held on the 20th day of January, 1965, the said Commission duly' passed Commission Resolution No. 1172 decla~ing it to be the intention of the said Commission to create a special improve- ment district to be known and designated as Special Improvement District No. 444 of the said City for the purpose of constructing and installing a storm drainage system to serve the area on North Eighteenth Avenue between West Beall Street and Durston Road and thence northerly through the Maple Terrace Subdivision and on Blackmore Place to the North line of said sub- division, 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 Montana in such case made and provided, and said Commission Resolution No. 1172 is hereby referred to and made a part hereof for further particulars in respect to the boundaries of said Special Improvement District No. 444, the estimated cost of said improve- ments and the method of assessing the same against the property of said District; and WHEREAS, notice of the passage of said Commission Resolution No. 1172 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 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 not sufficient protests against the creation of said proposed Special Improvement District No. 444, and the City Commission was in regular session of the 20th day of January, 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 I 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, THEREOFRE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF BOZEMAN: Section 1 That the said Special Improvement District No. 444 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. 1172 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. 444 as follows: _. CONSTRUCTION AND INSTALLATION OF A STORM DRAINAGE SYSTEM TO SERVE THE AREA OF NORTH EIGHTEENTH A VENUE BETWEEN WEST BEALL STREET AND DURSTON ROAD AND THENCE NORTHERLY THROUGH THE MAPLE TERRACE SUB- DIVISION AND ON BLACKMORE PLACE-TO THE NORTH LINE OF SAID SUB- DIVISION. SECTION 3 Thatthe entire cost and expense of making the special improvements herein referred to in said Special Improvement District No. 444 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 (1100.00) 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. 444 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 I No. 444 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 ~provements, a special assessment shall be levied against all of the lands within said Special Improvement District No. 444 as in said Resolution of Intention 1172 defined. . i~~ Section 4 Said assessments and taxes shall be pay.able 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 t~e. ~~oo5 I 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 improvements. Section 6 That pursuant to the provisions and authority conferred by Section 11-2232, Revised Codes of Montana, 1947, said bonds may be Bold 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 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 is hereby, directed to publish a notice inviting proposals for the making of said improvements on said Special Improvement District No. 444, 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 20th day of January, 1965. AT~T: ,) .""..~' I ~ tl~ d.A?#( " . ,- , RNA V. HARD1G Clerk of the City Commission State of Montana ) County of Gallatin) ss 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 gen- eral circulation printed and published in said City in the issue of the 27th day of January, 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 thls17th day of March, 1965. ,<:J ~J (-7 / 0~~ t!~~. Clerk of the City C;2rs8icn I Resolution No. 1179 1Nrittenin lieu of Res. #1166