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HomeMy WebLinkAboutResolution 1122 Special Election 2H3 COMMISSION RESOLUTION NO. 1122 - BE IT RESOLVED by the City Commission of The City of Bozeman. Montana. as follows: 1. This Commission/does hereby find, determine and deolare that the special election held in and for said City on June 2, 1964, to vote upon the question of issuing city Municipal building bonds was I in all respects duly and legally oalled held and conducted, and returns thereof have been made and filed in aocordance with law. 2. That all, but only. the duly registered electors of said City whose names appear upon the last completed assessment roll for state and county taxes as taxpayers upon property within the City were permitted to vote thereat, and that the total of the votes cast on the band question or proposition submitted at said eleotion was as follows: Number of Ballots Ba 11 ots Ballots Qualified Voted fer Voted Against Unmar ked , Voters Shown Issuing lss uing Spoiled on Poll Lis ts Bonds Bonds and Defective 4394 1886 1099 17 3. The question of issuing; said bonds is hereby declared to have carried by more than the requis- ite majority, and this Commission is hereby authorized to proceed, and shall proceed, with the issuanoe of said bonds. Passed by the City Conuniss ion and approved by the Mayor this loth day of June, 1964. Approved Mayor Attest, Clerk of the Commission I -----.. COMMISSION .RESOLUTION NO. 1123 - A RESOLUT ION OF THE COMMISSION OF TIm C TrY OF BOZEMiUJ, MONTANA, AUTHORIZING 1'HE MAYOR AND CLERK OF 'rHE CITY COMMISSION TO EXECUTE A BARGAIN AND SALE DEED TO LOTS I, 2, and 3, BLOCK 2. IN SPRING DELL ADDITION TO THE CITY OF BOZEMAN, MONTANA, ACCORDING '1'0 THE OFFICIAL PLAT THEREOF ON FILE fIND OF RECORD IN 'fEE OFFICE OF THE CLERK AND RECORDER OF GALLAT m COUNTY, MONTANA. lfiHEREAS, on July 12, 1961, without Resolution or Ordinanoe authorizing the same, the Mayor and Clerk of the City Commission, acting upon motion duly made, passed, and approved by the City Commission acting upon motion duly made, passed, and approved by the City Conunission on July 12, 1961, executed a Bargain and Sale Deed to Robert G. Simkins and Georgia J. Simkins, husband and wife, transferring and conveying the following described real property: Lots I, 2 and 3, Block 2, Spring Dell Addition to the City of Bozeman. Montana, aocording; to the official Plat thereof on File am of recor d in the office of the Clerk and Recorder of Gallatin County, Montana; and, 'NHEREAS, objection has been made that the execution of s aid Bargain and Sale Deed was not auth or- ized as required by law; and , NHEREAS, the said Robert G. Simkins and Georgia J. Simkins have requested that the City Commission by Resolution authorize the Mayor and Clerk of the City Commission to execute a Bargain and Sale Deed. I NOW, 'l'HEREF01ZE;. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF BOZEMAN AS follows: That the Mayor of the City of Bozeman, H. Harry Morrow, be and he hereby is authorized for and on behalf of the City of B02,eman, to me.ke, execute a.nd deliver a Bargain and Sale Deed to. Robert G. Simkins and Georgia J. Simkins, husband and wife, transferring and conveying to them the following described real property 5 ituate in the City of Bozemm, County of Gallatin, sta t.e of Montana, to-wit: Lots I, 2 and 3 Blook 2. Spring Dell Addition to the City of Bozeman, MonLa.m, according to the official Plat thereof on File and of record in the office of the Clerk and Recorder of Gallatin County, Montana; Dated this 17 day of June, 1964. - PASSED AND rIDOPTED by the City Commission at its regular meetiDg held on the ~ day of June, 1964. --- -- -.- . 284 sl R. Harry Morrow Mayor ATTEST: I sl C. K. Wilson Clerk of the City Commission ....-,.-- Sta.e of Montam ) County of Gallatin) ss. City of Bozeman ) I, C. K. Wilson, Clerk of me Commission of The City of Bozeman, hereby certify that the foregoing Resolution Notice No. 1123, was published at length in the Bozeman Daily Chronicle, a newspaper of general circula.tion printed a.nd published in said City in the issue of June 24th and due proof of such publice.tion is on file in my office. IN WITNESS WHEREOF I hereunto set my hand and affix the corpora.te seal of my office this 24th day of June, 1964. sl C. K. Wilson Clerk of the City Commission ... - - - .... COMMISSION RESOLUTION NO. 1124 I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOVVN AS SPECIAL IMPROVEMENT DISTRICT NO. 439 OF THE C]1'Y OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND IN- STALLING EIGHT (8) INCH LATERAL SAN ITARY SEVVERS TO SERVE LOTS 1 TO 34 INCLUSIVE OF BLOCK "A" AND LOTS 1 THROUGH 17 INCLUSIVE OF BLOCK liB" OF GRAF" S FIRST REARRANGEMENT OF BLOCK 6, KmK SECOND SUBDIVISION, BOZEMAN, MONTANA. WHEREAS, at a regular session of the Commission of the City of Bozeman, State of Montana, held on the 3rd day of June, 1964, the said Commission duly passed Commission Resolution No. 1118 declaring it to be the intention of the said Commission to create a special improvement district to be known and designated as Special Improvement District No. 439 of the said City for the purpose of constructing and installing eight (8) inch lateral san itary sewers to serve Lots 1 to 34 inclusive of Block "All and Lots 1 through 17 inclusive of Block "B" of Graf's First Rearrangement of Blook 6, Kirk Second Subdivision, Bozeman, Montana, 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. 1118 is hereby referred to and made a part hereof for further particulars in respect to the boundaries of said Special Improvement District No. 439, the estimated cost of said improvements and the method of assessing the same against the property of said District; and vnffiREAS, notice of the passage of said Commission Resolution No. 1118 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 Boz.eman, Montana, and by sending a copy of suah 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 afore- said, and due proof having been made of the publication and service of said not ic e; and I I-VHEREAS, within the time provided by law am said published and served notice there were not sufficient protests against the cre~Gion of said proposed Special Improvement District No. 439, and the City Commission was in regular session the 24th day of June A.D. 1964, at one 0' clock p.m. of said day, at the Connnission Chamber in the City Hall Building in the said City of Bozennn, the same being the time and plfJ.ce designated in said notice 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 further appearing that all of the proceedings for the creation of said District have been lawful and regular; NOW, THEREFORE, BE IT RESOLVED BY 'rEE COMMISSION OF THE CITY OF roZEMAN: - .- - .-----..-.- ...-----... ~85 Section 1 That said Special Improvement District No. 439 of the City of Bozeman, state of Montana, be, and the same is hereby created for the purpose of making too improvements as in said Resolu- tion of Intention No. 1118 and hereinafter described. Secti on 2 I That said special improvements be, and the same are, hereby ordered to be made in said Special Improvement District No. 439 as follows: CONSTRUCTION AND INSTALLATION OF EIGHT (8) INCH LKTERAL SANITARY SEWERS TO SERVE LOTS 1 TO 34 mCLUS IVE OF BLOCK "A" AND LOTS 1 THROUGH 17 INCLUS I'VE OF BLOCK "B" OF GRAFt S FIRST REARRANGEMENT OF BLOCK 6, KIRK SECOND SUBDIVIS ION BOZEMAN, MONTANA, SAID SANITARY SEWER PROJECT TO INCLUDE ALL APPURTENANT WORK, INCLUDING NECESSARY PIPE LINES, MANHOLES AND OTHER nECESSARY APPURTENANCES. Section 3 That the entire cost and expense of making the special improvement herein referred to in said Special Improvement District No. 439 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 ($100.00) each, and fractions or multiples thereof where necessary, to be issued and chargeable a~ainst a fund to be known as "Special Improve- ment District No. 439 Fund", said bonds to be redeemable at the option of the City of Boz eman, Montana, whenever f'und$ are available for that purpose from said Special Improvement District No. 439 Fund; and bonds shall draw interest at a rate not to exceed six percent (6;:;) per annum, which shall be ohargeable as a part of the cost of said improvements ani 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 improvement, a special assessment shall be levied against all of the lands within said Special Improvement Dis trict No. 439 as in said Resolution of Intention No. 1118 defined. Section 4 said assessment and taxes shall be payable in twenty (20) arrnual installments extending over a period of nineteen (19) years, with interest on deferred payment s; but this provis:ion shall not be construed to prevent full payment at any time. I 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 ot said improvements. Secti on 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 tile contractor, or contractors, for suoh work. and such payment may be nade 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 Commiss ion. Secti on 7 That upon completion of plans and specifications by the City. Engineer f~r the doing of said work and the making of said improvements, the Clerk of the C~ty CommissJ.on oj the City of Bozeman, Montana, be, and is hereby directed to publish a notioe inviting proposals for the making of' said improvements on said Specia.l Improvement District No. 439, whioh 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 neWBpaper printed and published in the City of Bozeman, not less than ten (10) days before the time such bids will be opened. PA..SSED AND ADOPTlm by the Commiss ion of the City of Bozeman, at a regular session there- of held on the 24th day of June, A.D. , 1964. sl R. Harry Morrow Mayor I ATTEST: s/ C. K. Vii Is on Clerk of the City Commission I ' __.. "...._......._n. ._._u _ --- -- :lH6 I State of Montana ) County of Gallatin) SSe Ci ty of Bo zeman ) I C. K.'Nilson, Clerk of the Commission of The City of Bozeman, hereby certify that the foregoing Resolution Notice No. 1124, was published at length in the Bozeman I)aily Chronicle, a newspaper of general circulation printed and published in said City in the I issue of June 29th, 1964, and due proof of such publication is on file in my office. IN WITN3;SSWHEREOF I hereunto set my hand and affix the corporate seal of my office this 29th day of June, 1964. sl C. K. Wilson Clerk of the City Commission - - - - COMMISSION RESOLUTION NO. 1125 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DIS'I'RIC'r NO. 440 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING A VlATER :MAIN ON ELEVENTH AVENUE NORTH BET\VEEN MENDENHALL STREET AND DURSTON ROAD. WHEREAS, at a regular session of the Commission of the City of Bozeman, state of Montana, held on the 3rd day of June, 1964, the said Commission duly passed Commission Resolution No. 1119 deolaring it to be the intention of the said Commission to create a special improvement distriot to be known and designated as Special Improvement District No. 440 of the said City for the purpose of constructing and installing a water main on Eleventh Avenue North between Mendenhall street and Durston Road, and to specially assess the entire cost and expense of makir~ said improvements against the property within said I District under SJ:1d by virtue of the provisions of the laws of the State of Montana in such case made and provided, and said Commission Resolution No. 1119 is hereby referred to and made a part hereof for further particulars in respect to the boundaries of said Special Improvement District No. 440, 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 Commission Hesolution No. 1119 was duly pub- lished, as required by law, in the Bozeman Daily Chroniole, a daily newspaper of general circulation printed and published in the City of Bo Zenftn, Montana, and by s ending a copy of such notice by U.S. Main to eaoh person, firm or corporation having property within the proposed District at his or its last known address, upon the s arne da.te that such notice was first published as aforesaid, and due proof having been made of the publication and servic e of said notioe; and WHEREAS, within the time provided by law and said published and served notice there were not sufficient protests against the creat ion of said proposed Speo ial Improvement Dist- riot No. 440, and the City Commission was in regular session the 24th day of June, 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 notioe for pass- ing upon all protests, if any, against the proposed work or against the creation or extent of said Distriot, or both or either; and it further appearing that all of the prooeedings for the creat,ion of said Distriot have been lawful and regular; NOW, THEREF'ORE, BE IT RESOLVj<JD BY THE COMMISS ION OF THE CITY OF' BOZEMAN: Section 1 That said Special Improvement Dis trlct No. 440 of the City of Boz ernan, State of Montana, be, and the same is hereby created for the purpose of making the improvements as in said Resolution of Intention No. 1119 and hereinafter described. Section 2 I That said speoial improvements be, and the same are, hereby ordered to be made in said Special Improvement District No. 440 as follows: CONSTRUCT ION AND INSTALLATION OF A ':VATER MAIN ON ELEVENTH AVENUE NORTH BETV1EEN MENDENIW,L STREET .AND DURSTONRoAD, INCLUDING NECESSARY V ALVES AND FIRE HYDRANTS .AND OTHER NECESSAP.YAPPUHTENANCES AND ",'fORK INCIDENTAL TffiJRETO. --...-..---..--- ..--.-... .---- ..-.- --.-- 2S'7 Section 3 That the entire cost and expense of making the Special improvements herein referred to in said Special Improvement District No. 440 sahlI 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 ClOO.OO) each, and fractions or multiples thereof' where I necessary, to be issued and chargeable against a fund to be known as "Special Improvement District No. 4;40 Fund". said bonds to be redeemable at the option of' the City oi' Bozemm, Montana, whenever funds are available for that purpose from said Special Improvement District No. 440 Fund; and 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 stall run from the date of the registration of s aid bonds until said bonds are paid. To pay said bonds, and the interest thereon, representing the cost of said improvement, a special assessment shall be levied against all of the lands within said Special Improvement District No. 440 as in said Resolution of Intention No. 1119 defined. Section 4. Said assessment 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- vis ion shall not be construed to prevent full payment at any time. Seot ion 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. Section 6 That pursuant to the provisions and authority conferred by Section 11-2232, Revised Codes of Montana, 1947, sa.id bonds may be sold to the highest and best bidder therefor for cash. and the prooeeds of such sale used in making payment to the oontractor, or contractors, for suoh work, and such payment may be made either from time to time on estimates made by the engineer in charge of suoh improvements for the City, or upon the entire oompletion of the improvements and the acceptance (hereof by the City Cornnliss ion. That upon completion of plans and specifioations by the City FJngineer for the d'o ing of said work and the making of said improvements, the Clerk of the City Commission of the City I of Bozeman, Montana, be, and is hereby, directed to publish a notice iEviting proposals far the making of said improvements on said Speoial Improvement District No. 440, which notice shall refer to the plans and specifioations on file, by publishing such notice in two (2) issues of the Bozeman Daily Chronicle, a daily neWEpaper 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 Bot':Mlan at a regular session there- of held on the 24th day of June, 1964. s/ R. Harry Morrow Mayor ATTEST: sl C. K. Wilson Clerk of the City Commiss ion State of Montana ) County of Gallatin ) ss. City of Bozeman ) I, C. K. 'Nilson, Clerk of the Commiss ion of The City of Boze:rmn, hereby certify that the foregoing Resolution Notice No. 1125, was published at length in the Bozeman Daily Chronicle, a newspaper of general ciroulation printed and published in said City in the issue of June 29th, 1964, and due proof of such publication is on file in my office. I IN WITNESS'w'ffiEREOF I hereunto set my hand and affix the corporate seal of my office this 29th day of June, 1964. sf c. K. Wils on C erk of the City Conunission ~-_..... -...