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HomeMy WebLinkAboutResolution 1115 Creates SID No. 437 261. COMMISSION RESOLUTION NO. 1115 A RESOLTTTION OF THE CITY COMM'SSION of THE CITY OF BOZEMAN CREATING A SlJECIAL IMl-'ROVE~mNT DISTEICT TO BE KNOWN AS SPECIAL IMPROVEi>1ENT DISTRICT NO. 437 OF THE CITY OF Bozm,'lAN I FOR THE .PUP.POSE OF CONs~rRUCTING AND INSTALLJING A TWELVE (12 ) INCH WATER MAIN UN BEALL STREl~T FROM FIFTEENTH AVENUE WESTERLY TO A 1-'UH!T MIDWAY BETWEEN NORTH TWEN'l'IETH AVENUE AND NoRTH 'l'WENTY-FIRST AVENJEj A TEN (lV) INCH WA~'ER MAIN ON DURSTUN RUAD FRO~',~ A l-'OINT MIDWAY BETWEEN NORTH TWENTIETH AND NORTH TVVENTY-FIRST AVENUE To A .POINT 18u' WESTERLY OF NORTH FIPTEENTH AVENUEj A SIX (6) INCH WATER MAIN oN NURTH rI'WENTIETH lWENUE BETWEEN BEALL STREET AND DlmSTON ROADj A SIX (6 ) INCH WATER MAIN oN NORTH EIGWrEENTH A VENUE BETWEEN BEALJ~ STREET AND DURSTON ROAD AND A SIX (6) INCH WATER MAIN ON EASEHENTS WITHIN THE MAPLE TERRACE SUB- DIVISION AND ALSO TO INSTALL NECESSARY VALVES AND FIRE HYDRANTS AND OTHER NECESSARY APPURTENANCES. WHEREAS, at a regu~ar session of the Commission of the City of Bozeman, Sta te of Montana, held on the ~ day of ApriL, 1964, the said Commission duly passed Commission Resolution No. 1113 declaring it to be the intention of the said Commission to create a special improvement district to be known and desi- gnated as Special Improvement District No. 437 of the said City for the pur- pose of constructing and installing a twe 1 ve (12) inch water main on Beall Street from Pifteenth Avenue westerly to a point midway between North Twentieth Avenue and North 'lwenty-first Avenue; a ten (lU) inch water main on Durston Road from a point midway between North Twentieth and North Twenty-first Avenue to a point 18u' westerly of North Pifteenth Avenuej a six (6) inch water main on North 'rWentieth Avenue between BeaLL Street and Durston Roadj a six (6) inch water main on North Eighteenth Avenue between BeaLl Street and Durston RObld and a six (6) inch water main on easements within the MapLe Terrace Subdivision, to inc~ude the necessary valves and fire hydrants and other necessary appurten- ances, and to speciallY 8ssess the entire cost and expense of making sald I 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 pro- vided, and said Commission ResoLl1tion No. 1113 is hereby referred to and made a part hereof for further particulars in respect to the boundaries of said Special Improvement District No. 437, the estimated cost of said improvements and the method of assessing the same against tne property of sblid Districtj and WHEREAS, notice of the passage of said Commission Resolution No. 1113 was duly pubLished, as relJ.uired by ..Law, in the Bozeman DaiLY \Jhronicle, a daily newspaper of general c irculs tion printed and publ.ished in the City of Bozeman, Mon tana , and by sending a copy of such 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 usch notice was first published as aforesaid, and due pronf h8.ving been made of the pub.lication and service of said notice; and WIffiREAS, within the time provided by law and said published and served no tice there were not suffic:ent protests against the creation of said pro- posed Special Improvement District No. 437, and the C1 ty Commission was in regnJ..ar session th~ 22nd day of April, 1964, at one o'clock p.t:'. of suid day, at the Commission vrwmber in the City Hall Building in the said City of Bozeman, the S8me being the time and place designated in said notice for pass- ing upon all protests, if any, against the proposed work or ~gainst the creation or extent of said District, or both or either; and it further appear- ing that 811 of trle proceodings for the creation of said District have been lawful and regu1Hrj NOW, TH}.~P":~Ti'~ elE, BE IT R--SOLVED BY T}m CoM~':=SSION Or;' THE C I'I'Y OF' BOZEMAN: Section 1 I That said special Improvement District No. 437 of the City of Bozeman, state of Montana, be, ana the same 1s hereby, created for the purpose of making the improvements as in said Resolution of Intention No. 1113 and hereinafter described. Section 2 That said Specltu improvements be, and the same are, hereby ordered to be made in said Special Improvement District N~. 437 as follows: (Continued on Page No. 262) l' 2(;2 CONS'l'RTTCTION AND INSTALLATION OF A TvVELVE (12) INCH WATER MA IN ON BEJUJL STREET FROM FIFTEENTH A VEFUE \VES'J'ERLY TO A POINT MIDWAY BETWEEN NORTJ-1 TVVENTIErrn AVENTn;:; AND NORTH TWENTY-FIPST AVENUE; A TEN (LV) INCH WA 'T'ER Mj~ IN ON DURSTON ROAD FRO~.;! A l'OINT MIDWAY DET'WEEN NORTH TWENTIETE j\ND NORTH T\VENTY-FIRST A1TENUE TO A l-'OINT .leU' WESTERLY OP ,NORTH FIFTEENTH AVENUE; A SIX (6 ) INCH WATER MAIN ON NORTH TWEFTIETH A VENUE BETWEEN J'mALL STHEET AND DURSTON ROAD; A SIX (6 ) INCH WArrER MAIN ON NORTH EIGHTET~NTH AVENUT'~ BE- I TWEEN BEALL STREF.T AND mffiST01-J ROAD AND A SIX (6) INCH "IVA TEE MAIN ON EASE~mNTS WITHIN TE'; MAl:LE TERRACE SUBDIVISION AND ALSO TO INST1ALL NECESSARY VALVES AND DIRE HYDRANTS AND OTHER JlJECESSARY APJ-'URrrKNAi'C:3S AFD WORK INCIDmTTAL THERETO. Section :3 That the entire cost and expense of makirJg the speciai improvements herein referred to in said Specia.L Impravement District No. 437 shaLL be paid by SpeciB.l Improvement District ~oupon Bonds, as authorized by the .Laws of the State of Montana, which bonds shaLl be in the denomination of One Hundred DOLlars ($lOv.uU) each, and fractions or multipLes thereof where necessary, to be issued and charr"sable against a fund to be known as "Specia.l Improvement District No. 437 Fund", said bonds 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. 43'1 Fund; and bonds shl:il.l draw intere:-,t at a rate not to exceed six percent (6%) per annum, which Shl:iLL be chargeab.le 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 pa1d. To pay said bonds, and interest thereon, representing the cost of said improvement, a specia~ assess- ment shal.l be levied against a.l.1 of the .u~nds Wi thin SHid Special Improvement D1strict No. 437 as 1n said Reso.lution of Intention No. 1113 defined. Sec tiOD -4: Said assessment and taxes Shal.1 be payab.le in twenty (2v) annu.la instaLL- ments extending over a period of nineteen (.L~) years, with interest on deferred pa ymen ts, but this provision sha.ll not be construed to prevent fu.ll payment at any time. Section 5 That the City Engineer be, and he is hereby directed to prepare pLans and I specificBtions for the doing of said work and the making of said 1mprovemenr.s. Sec tion 6 That pursuant to the provisions and authority conferred by Section 1.1-2232, Revised Codes of Montana, .194'1, 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 pa~ent may be made either from time to time on estimates made by the enr;lneer in charge of such i':1lprovements for the City, or upon the entire compLetion of the improve- ments and the acceptance thereof by the City CommisSion. Section '1 That upon completion of plans and specifications by the City Engineer for the doing of said work and the maklng of said irrprovements, the Clerk of the City Commission of the City of Bozeman, Montana, be, and is hereby directed to pub.lish a notice inviting proposals for the making of said improvements on said Specia.l Improvement District No. 437, which notice sha.l.l refer to the plans and spec ificl:'l tions on l' 11e, by pub.lish:ing such no tice in two (2) issue s of the Bozeman DCli.ly Chronicle, a daily newsp~\per printed and pub.lished in the City of BOZemf1TI, not less than ten (10) days before the time such bids Will be opened. PASSED AND ADOl:'TED by the Commission of the Ci ty of Bozeman a t a regular session thereof hel.d on the 4~2nd day of April, 196 4: . sj R. Harry Morrow Mayor A TTT~ST: S/ C. K. Wilson Clerk of the City Gommission I - - - - - - - State of Montana ) as Coun ty of Ga 11a tin) I, C. K. Wi.lson, Clerk of the Comr"ission of The City of Bozeman, do hereby certify that the foregoing ResoLution No. 1115, was pub.lished by title and TIllmt"Jer in the Hozeman DaLLY ChrOnlC.le, a newspaper of general circU.la tion printed and pu.b.llsbed in sa id 01 ty in the issue of April 27th, 1964, and due proof of such pub.lication is on fi.1e in my office. IN WITNESS WIIEPEOF I hereunto se t my hand and affix the corpora te seaL of my office this 3uth day of April, 1964" e'rf!--L )/4--(') C.lerk of he City Commission - - - - - -