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HomeMy WebLinkAboutResolution 1168 Creates SID No. 446 .- 401- 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. I - - - -- '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. - .-.. 4_02 Section 6 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 7 I 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. _"-(F~--Z:V- }/layo r ATTEST: p t1~ rd/P0:t/ , . ........ " 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 I 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. I