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HomeMy WebLinkAboutResolution 1166 Creates SID No. 444 -..... .-...-. :)~:)'7 CO~LMISSIONRESOLUTION NO. 1166 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN CREATING A SPECIAL ]};PROVEMENT DISTRICT TO BE KNO:~ AS SPECIAL IMPROVEMENT DISTRICT NO. 444 OF THE CITY OF BOZEMAN FOR THE PUHPOSE OF CONSTRUCTING AND INSTALLING A STORM DRAINAGE SYSTEM TO SERVE THE AREA ON NORTH EIGHTEENTH A VENUE 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 SUBDIVISION. I vJHEHEAS, at a regular session of the Commission of the City of Bozemcm, St;ote of JvIontana, held on the day of December, 1964, the said Commission duly passed Commission Resolution No. 1158 declo.ring it to be the intention of the E;aid Commission' to create a special improvement district to be known and designated as Special Improve- ment District No. L".44 of the sa.id City for the purpose of constructing and installing a storm drainage system to serve the area on North Eighteenth Avenue between West Beall Steet and Durston Road and thence northerly through the Maple Terrace Subdivision and on Blackmore Place to the North Line of said sUbdivision, and to specio.lly assess the entire cost and expense of making said improvements against the property within said Dhotrict under and by virtue of the provisions of the 1l'H"rs of the State of Montana in such case made and provided, and said Commission Resolution No. 1158 is hereby referred to and made a part hereof for further particulars in respect to the boundarie<> of said Special Improvement District No. 1".44, 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 Commi~Jsion Resolution No. 11;8 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 Bozemrm, Montana, and by sending a. co~y of such notice by U.S. mail to each person, firm or co.t'poration having property wlUnn 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 have been made of the pub- lication and service of said notice; and iIJHEREAS, 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 on the day of December, 1964, 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 I cree t.ion or extent of said District, or both or either; and it fur ther appearing that all of the proceedings for the creation of said District have been lawful and regular; NOW, THEIlliFOHE, BE IT RESOLVED BY Tr~ CO~IISSION OF THE CITY OF BOZEMAN: Section 1 That the sA~id Special Improvement District No. 444 of the City of Bozeman, State of Mont,::ma, be, And the Seune is hereby, created for the purpose of making the improvements as in said Resolution of Intention No. 1158 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: CONSTHUCTION AND INSTALLATION OF A STORM DRAINAGE SYSTEM TO SERVE THE AREA ON NORTH EIGHTEENTH A VENUE BET;JEEN WEST BEALL STREET AND DURSTON ROAD AND THENCE NORn~RLY THROUGH THE P.tAPLE TEHHACE SUBDIVISION AND ON BLACKMORE PLACE TO THE NORTH LINE OF SAID SUBDIVISION. Section 3 That the entire cost and expense of makin8; the special improvements herein referred to in said Special Improvement District No. 444 shall be paid by Special Improve- ment District Coupon Bonds,'3.s 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 redeemable at the option of the City of Bozeman, Montana, whenever funds are available for that purpose from said Special Improvement District No. 444 Fund: said bonds shall draw interest at a rate not to exceed six percent (6%) per annwn, which I 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 improvements, a special assessment shall be levied against all of the lands within said Special Improvement District No. 444 as in said Resolution of Intention 1158 defined. Section 4 Said assessments and taxes shall be payable in twenty (20) annual installments extend- ing over a period of nineteen (19) years, with interest on deferred payments, but this pro- vision shall 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 specifications for the doing of said work and the making of said improvements. Resolu tion No. 1166 Void Res. # 1179 Written in its p].ace ----... -.---"-".-,,.-.... -.. -.--..- :~~J8 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 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 I 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,ltJhich notice shall refer to the plans and specifications on file, by publishing such notice in two (2) ic,sues of the Bozeman Daj.ly Chronicle, a daily newspaper printed and published in the City of Boz'"man, not less than ten (10) days before the time such bids will be opened. PASSED AND ADOPTED by the Commission of the City of Boz3man at R. regualr session thereof held on the day of , 1961.. /t' : / 5t /rA- 7 t&''-'-f~ ATTEST: Mayor CLERK OF THE CITY COMMISSION I I Reso1u tlibn No. 1166 - V old Reso1u tion No. 1179 written to replace -----.