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HomeMy WebLinkAboutResolution 1117 Creates SID No. 438 21;6 COMMISSION RESOLUTION NO. 1117 A RESOLUTION OF THE CITY COMMISSION OF THE CITY 01" BOZEMAN CREATING A 31'ECIAL IMt'ROVEMENT DISTRICT TO BE KNOWN AS St'ECIAL IMl'ROVEMENT DISTRICT NO. 438 OF THE CITY of BOZEMAN FOR trHE PURl'OSE OF CONSTRUCTING AND INSTALLING AN OUTFALL SEWER TO ALL OF LOTS 4 THROUGH 22 INCLUSIVE OF BLOCK ttAft I AND ALL OF LOTS 1 THROUGH 4 INCLUSIVE OF BLOCK "B" OF '1'HE MAPLE TERRACE SUBDIVISION, CITY OF BOZEMAN, MONTANA. WHEREAS, at a regular sassion of the Commission of the City of Bozeman, State of Montana, he~d on the 29th day of April, A. D. 1964, the said Commis- sion duly passed Commission Resolution No. 1116 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. 438 of the said City for the purpose of constructin~ and installing an outfall sewer to all of Lots 4 through 22 inclusive of Block A" and aoll of Lots 1 through 4 inclusive of Block "Btt of the Maple Terrace Subdivision of the City of Bozeman, Montana, and to specia.Lly 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 Reso~ution No. 1116 1s hereby referred to and made a part hereof for further particulars in respect to the boundaries of said Special Improvement District No. 438, the estimated cost of said improvements and the method of assessing the same against the property of said District; and, ,iHEREAS, notice of the passage of said Commission Resolution No. 1116 wa!! duly published, aa required by law, in the Bozeman Daily Chronicle, a daily newspaper of general circulation printed and published in the City of Bozeman, Montana, 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 tnat such notice was first publi- shed as aforesaid, and due proof having been made of the pub~ication and ser- vice of said notice; and, WHEREAS, within the time provided by law and said published and served I notice there were not sufficient protests against the creation of said pro- posed special Improvement District No. 438, and the City Commission was in regular session the 19th day of May, 196<4:, at one o'cloCk p.m. of said day, at the Commission i.lhamber in the City Hall Building in the said City of Bozeman, the aame being the time and place 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 appeHring that all of the proceedings for the creation of said District have been lawful and regular; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF BOZEMAN: Section 1 That said Special Improvement District No. 438 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 Resolution of Intenetion No. 1116 and hereinafter described. Section 2 That said special improvements be, and the same are, hereby ordered to be made in said Special Improvement District No. 438 as follows: CONSTRUCTION AND INSTALLATION OF AN OUTFALL SEWER TO ALL OF LOTS -4: THROUGH 22 INCLUSIVE OF BLOCK "A" AND ALL OF LOTS 1 THROUGH 4 INCLUSIVE OF BLOCK "B" OF THE MAPLE TERRACE SUBDIVISION TO THE CITY OF BOZEMAN, MONTANA, SAID SANITARY SEWER .PRO ,TIWT TO INCLUDE ALL APPURTENANT WORK, INCLUDING NECESSARY PIPE LINES, MANHOLES AND OTHER NECESSARY PIPE LINES, MANHOLES AND OTHER NECESSARY APt'URTE- NANCES. Section 3 I That the entire cost and expense of making the special improvement herein referred to in said Special Improvement District No. 438 shall be paid by Special Improvement District Coupon Bonds, as authorized by the laws of the State of Montana, which bonds shall be in denomination of One Hundred DOllars ($lOv.Ov) each, and fractions or multiples thereof where necessary, to be issued and char~eab.1e against a fund to be known as "Special Improvement District No. 43 Fund", said bonds to be redeemable at the option of the City of Bozeman, Montana, whenever funds are available for that purpose from SHid Special Improvement District No. -4:38 Fund; and bonds shall draw interest at a 2(i7 rate not to exceed six percent (6%) per annum, which sha~~ be chargeable as a part of the cost of said improvements and sna~l run from the date of the regi- stration of said bonds unti~ s~ld bonds are paid. To pay said banda, and the interest thereon, representing the cost of said improvement, a special assess- ment shall be levied against alL of the lands within said Bpeci~l Imrpvement District No. 438 as in said Resolution of Intention No. 1~16 defined. Section 4: Said assessment and taxes shall be pa1able in twenty (2u) annual install- I ments extending over a period of nineteen (19) years, with interest on deferred payments; but this provision shall not be construed to prevent fuLL payment at any time. 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 of said improvemen ts . Section 6 That pursuant to the provisions and authority conferred by Section ll-2~32, Revised Codes of Montana, 1947, said bonds may be sold to the highest and best bidder therefor for cash, and the proce,:::ds of such sale used in making payment to the contractor, or contractors, for such work, and such payment may be made either from time to time on estimates made by the engineer in charge of such improvemen ts for the C1 ty, or upon the entire compl.e tion of the improvemen ts and the acceptance thereof by the City Commission. Section 7 That upon completion of p~ans and specific~tions by the City Engineer for the doing of said work and the making of said improvements, the Cl.erk 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. 438, which notice shall refer to the plans and specifications on fi~e, 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 (Iv) days before the time such bids will be opened. PASSED AND ADOPTED by the Commission of the City of Bozeman at a regular I session thereof held on the ~ day of M~, A. D. 196~. S/ R. Harry Morrow . Mayor ATTEST: Sf C. K. Wilson Cl.erk of the City Connnission --...--- State of Montana ) ss County of Ga~latln) I, C. K. Wil.son, Clerk of the Commission of The City of Bozeman, do hereby certify that the foregoing Resolution No. 111'1, was published by titl.e and number in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City in the issue of May 5th, 196~, and due proof of such publi- ca tion is on file in my office. IN WITNESS WHEREOF I hereunto set my hand and affix the I corporate aeal or my orrice this 12th day or ~: .1.91;4. " rf? " :i ~~~~/ Ulerk~ ~ y ~mmisslon --.......---_..4IIIt_