HomeMy WebLinkAboutResolution 1173 Creates SID No. 449
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COMMISSION RESuLUTION
NO. 1173
A RESOLUTION OF THE CI TY CO MMISSION OF THE CITY OF
BOZEMA.N CREATING A S.t'ECIAL IMPROVEMENT DISTRICT TO
BE KNOWN AS SPECIAL IMProVEMENT DIm'RICT NO. 449 OF
THE CITY OF BOZEMANFDR THE PURPOSE OF CONSTRUCTING
AND INSTALLr:G A STORM DRAINAGE SYSTEM TOSERVE THE
AREA ON EAST GARFIELD STREET, SOUTH BOZEMA.N AVENUE,
I EAST CLEVELAND STREET AND SOUTH ROUSE A VENUE.
WHEREAS, at a regular session of the Commission of the City of Bozeman, State of
Montana, hel.d on the 2uth day of January, 1965, the said Commission duly pttssed
Commission Resolution No. 1163 declaring it
to be the in ten tion of the said Oorm-
ission to create a special. improvement district to be known and designated as
Special Improvement District No. 449 of the said City for the purpose of con-
structing and instaliing a storm drainage system to serve the area on East Garfield
Stree t, South Bozeman Avenue, Eas t Cleveland Street and South Rous e Avenue, and to
speciaily assess the entire cost and exp:ms e of making said :improvements agains t
the property wi thin said Dis trict under am by Virtue of the provis ions of the laws
of the State of Montana in such case made and provided, a nd said Commis sion Re-
solut1 on No. 1163 is hereby referred to and made a part hereof for furtner parti'"
culars in respect to the boundaries of
said Special ImprovElllent District No. 44~,
the estirated cost of said improvements and
the method of assessing the same agalnst
the property of said District; and
WHEREAS, not1ce of tne passage of said Commission Resolution No. l.163 was duly
pubiished, as required by law, in 'the bozeman Daily Chronicle, a daily newspa.l-'er
of general c1rcuia tion prin ted and publisred in the City of Bozeman, Montana, and b
by sending a copy of SUCh nottO$ ba H. S. Mail to each person, firm or corporation
having property within the propose istrict at his or its last knomaddress, upon
the same date that SUCh notice was first pubLished as aforesaid, and due proof
ha ving been made of the pub l1CS t1 on and s erv.tc e of said noti oe; and
WHEREAS, wi thin the t:!me provided by 1l::l.W and said pubLished and served not1ce there
were not sufficient protests against the creation of said proposed Spec1al Improve-
ment District No. 449, and the City Commission was in reguLar session on tile 2utn
day of January, 1965, at one 0 'c.J.ock p.m. of said day, at the Commis sion Chamber
I in the Ci ty Hall Building in the said City of Boz eman, the same being tne ti'11e and
place designated in said not.ice for passing upon all protests, if any, against the
proposed work or against the creation
or extent of said District, or both or either;
and it fur ther appearing tna t all of the pro ceedings for the creation of said Dis-
trict have been lawful and regular;
NOW, THEREFORE, BE
1'1' RESOLVED BY THE CuMMISSION of r:t'HE CI TY OF IDZEMAN:
Sect1.on 1
That the said Special Improvement District No. 44~ 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 Resoiution of Intention No. li63 and hereinafter de'"
scri bed.
Section 2
That said Special. improvement be, and the same are hereby, ordered to be made
in said Speciai Improvement District No. 449 as fO.J.iOWS:
CONSTRUCTION AND INSTAL LA TIuN of A STORM DRAnrAGE SYSTEM TO
SERVE 'I'HE AREA ON EAST GARFIELD STREET, SOUTH BuZEMAN AVENUE,
EAST CLEVELAND STREET AND SOUTH ROUSE AVENUE.
Section 3
That the entire cost and expense of m~king tne special improvements herein re-
ferred to in said Specls.J. Improvement District No. 449 sha.J.l be paid by Special
Improvement District Coupon Bonds, as authorized by ti1e Laws of the State of Montana,
whiCh bonds shall be in the denomination of one Hundred DOl.lars ($lUu.UU) each, and
tractions or mUitl.l-'les thereof where necessary, to be issued and chargeable against
I a fund to be known as "SpeciaL Im.::,rovement Dis trict No. 44\:# Fund" said bonds to be
redeemab.J.e at 'the option of the City of BozerrtHn, Montana, whenever funds are avail-
ab.Le for tha t purpose from sald Speciai Improvement Dis trict No. 449 Fund; said bonds
shal.J. dr~w interest at a rate nOt to exceed six peraent (6%) per annum, which aha.J..J.
be chargeab.le as a part of me cost of aa~d ~mprovements and shali run from the date
of tile registration of said bonds untii said bonds are 1Bid.
To pa y s aid bonds, &nd
tne in terest tnereon, representing tne cos t of said im.l-'rovements, a specia l. assess-
ment shaLL be levJ-ed aga~nat fLL.L of tne lands within said Specia.L Improvenent DiS-
trict No. 44~) as in s aid Resolution of Intention 1163 defined.
Section 4
Said assessment and taxes snaLl be payab.J.8 in twenty (20) annual installments
extending over a period of nineteen (l'd)
years, with interest on defetTed payments,
but this provision shall not be construed to prevent full P'iyment at any time.
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414
Section 5
That the ~ity Engineer be, and he is hereby directed tu prepare p~ans and
specifics tions for the doing of said work and the making of said improvemen ts.
Section 6
Tha t pursuant to the provisions and authori ty conferred by Section 11-2232,
Revised Codes of Montana, 1947, said bonds may be S 01. d to the highes t and bea t I
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 fran time to time on estlmates made by the engineer in charge of such im-
provements for the City, or upon tne entire completion of the improvements and
the acceptance thereof by the Oi ty Commis sion.
Section 7
The t upon comp.le tion of plans and specifica tions by the 0"1 ty Engineer for
the doing of said work and the making of said improvements, the Clerk of the
City Commission of the Uity of Bozeman, M1n'tena, be, <md is hereby directed to
publiSh a notice inVi ting proposals for the making of said improvEIJ1ents on said
special Improvement District No. 44~, which notice shall refer tothe plans and
specifications on file, by pub.Lishing such notice in two (2) issues of the
Bozeman Daily Chronicle, a daiLY newspaper printed and published in the ~i ty of
Bozeman, not less than ten (lU) days before the time such b1ds will be opened.
PASSED AND ADO.PTED by the Commission of the City a reguJ.ar
session tnereof held on the 2uth day of January, 1965
ATTEST:
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&ierk or{e. y rnmission
State of Montana)ss
City of Bozeman ) .
I Erna V. Harding, Clerk of the Commission of The vi ty of I
Bozeman, do hereby cert!!: the foregoing Commission Re-
solution No. 1173 was published by title and number in
the Bozeman Daily Chronicle, a newspaper of general cir-
culation printed and published in said City in the issue
of the 27th day of January, 1~6b, and due proof of such
publication is on file 1in my office.
IN w: TNESS WHEREOF I hereunto se.t my hand and affix the
Corporate seal of my off10e thi~ 15th day of February,
1965.
lssion
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