HomeMy WebLinkAboutResolution 1168 Creates SID No. 446
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COMMISSION fiESOLUTION NO. 1168
A RESOLUTION OF THE CITY COMMISSION OF Tr~ CITY OF BOZEMAN CREATING A SPECIAL IM-
PHOVEMENT DISTHICT TO BE KNO'lJN AS SPECIAL IMPROVEMENT DISTHICT NO. 446 OF THE CITY
OF BOZEMAN FOIL THE PURPOSE OF CONSTRUCTING AND INSTALLING WATEH. MAINS AND SANITARY
SEidER MAINS ON SOUTH THmD AVENUE, GREEK V/AY AND KAGY BOULEVAHD,
INCLUDING TRENCH
EXCAVATION AND BACKFILL,
INSTALLATIN OF NECESSAHY FITTINGS, VALVES, HYDRANTS, NEC-
ESSAHY MANHOLES AND OTHEH APPURTENANCES AND WORK INCIDENTAL THERETO.
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'tJHEREAS, at a regular :3ession of the Corrunission of the City of Bozeman, State of Mont.a_na,
held on the 23rd day of December, 1964, the sAid Commission duly passed Commission Resolution
No. 1159 declaring it to be the intention of the said Commission to create a special
improvement di2trict to be known and designated as Special Improvement District No. 446 of
the said City for the purpose of constructing and instR.lling wAter mains and sanitary sewer
mains on South Third Avenue, Greek Way and Kagy Boulevard, and to specially assess the entire
cost and expense of making said improvements against the property within said District under
and b;y virtue of the provisions of the laws of the Stat e of Montana in such CR.se made and
provided, and said Commission Resolution No. 1159 is hereby referred to and made a part
hereof for further particulars in respect to the boundaries of said Special Improvement
District No. 446, the estimated cost of said improvements and the method of assessing the
same against the property of SR.id District; and
WHEREAS, notice of the passage of said Commission Resolution No. 1159 was duly pub-
lished, as reouired by lavr, in the BOL:,eman Daily Chronicle, a daily newspaper of general
circulation printed and published in the City of Boz,:;Jman, Montana, and by sending a copy
of such notice b;y 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
WHEflEAS, within the time provided by lR.w and said published and served notice there
were not sufficient protests against the creation of said proposed SpecL,l Improvement
District No. 446, and the City Commission was in regular session the 2jrd day of December,
1964, a,t one o'clock p.m. of said day, at the Commission Chamber in the City Hall BuildinG
in the said City of B07.eman, the .same being the time and place designated in said notice for
passing~ upon all protests, if any, against the proposed work or ag,9.inst the creation or
extent of said District, or both or either; and it further appearing that all of the pro-
ceedings for the creation of said District have been lawful and regular;
I NmJ, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF' THE CITY OF BOZEMAN:
Section 1
'fhat said Special Improvement District No. 446 of the City of Bozeman, State of Montnna,
be, and the same is hereby created for the purpose of making the improvements as in said
Hesolution of Inl.ention No. 1159 R.nd hereinafter described.
Section 2
Thn.t said special improvements be, and the same are, hereby ordered to be made in
said Special Improvement District No. 44fj as follows:
CONSTRUCTION AND INSTALLATION OF wATER MAINS AND SANITARY SEWER MAINS AN SOUTH
THIRD A VENUE, GREEK vJAY AND KAGY BOULEVARD,
INCLUDING TRENCH EXCAVATION AND
BACKFILL, INSTALLATION
OF NECESSARY FITTINGS, VALVES, HYDRANTS, NECESSARY MAN-
HOLES AND OTHEH APPURTENANCES AND VJOHK INC IDENT AI... THERETO.
Section 3
Th3.t the entire cost and expense of mc:'king the special improvements herein referred
Lo in SR.io Special Improvement District No. 446 shall be paid by Special Improvement District
Coupon Bonds, 2.S authorized by the laws of the State of Montana, which bonds shall be :in t.he
denomination of One Hundred Dollars (J~lOO.OO) ea.ch, and fractions or rrcultiples thereof vvhere
necessa.ry, to be issued and chargea.ble against a fund to be known as "Special Improvement
District No. 446 Fund", said bonds to be redeemable at the option of the City of Bozema.n,
Montena, whenever funds a.re a.vailable for that purpose from s:dd Special Improvement District
No. 446 Fund; and bonds 3hall dra-", interest at a rate not to exceed six percent (6%) per
annum, which shall be chargea.ble as a part of the cost of said improvements and shall run
from the date of the registration of selid bonds until said bonds are pa.id.
To pay said
I bonds, and the interest thereon, representing the cost of said improvement, R. special assess-
ment shall be levied against all of the lands within sRid Special Improvement District No.
446 as in sc.id Hesolution of Intention No. 1159 defined.
Section 4
Sa.id assessment and taxes shell be payable in twenty (20) annual installments extending
over 2. period of nineteen (19) years, with interest on deferred payments, but this provision
shnll not be construed to prevent full payment at ..my time.
Section 5
That. t.he City Engineer be, a.nei he is hereby, directed to prepare plans and specificEJtions
for the doing of said work and the making of said improvements.
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Section
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That pursuant to the provisions and authority conferred by Section 11-2232, Revised
Codes of Montn,na, 1947,
said bonds may be sold to the highest and best bidder therefor for
cash, and the proceeds of such sale used in makiD[~ pa;yment to the contractor or contractors,
for such work, and such payment may be made either from time to time on estimates mnde 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 Commisf>ion.
Section
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That upon completion of plans and specifications by the City EnginfeJer for the doinr;; 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. 446, which not~
ice 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 of the City of Bozeman at
a regular session thereof held on the 23rd day of J,,964.
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ATTEST:
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State of Hontana )
County of Gallatin ) ss.
City of Bozeman )
I, Erna V. Hardin!!" Clerk of the Commission of The City of Bozemclrl, do hereby
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certify that the foregoing Resolution No. 1168, was published by title and number in the
BozemC'Jl Daily Chronicle, a newspaper of general circulation printed and puhlished in said
City in the issue of January 3rd, 1965 and due proof of such publication
is on file in my
office.
IN \VITNESS WHEHEOF I hereunto set my hand and affix the corporate seal of my office
this 9th day of February, 1965.
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