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Home My WebLink AboutResolution 1089 Creates SID No. 436 -.--. -----...-.-- 208 COMMISSION RESOLUTION NO. 1089 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN CREATING A SPEC IAL IMYROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 436 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING A WATER MAIN ON NORTH NINTH AVENUE BETWEEN BEALL STREET AND DURSTON ROAD, SAID WATER MAIN TO BE EIGHT (8) INCHES AND OF CAST IRON, AND TO INSTALL A I SIX (6) INCH CAST IRON WATER MAIN ON WEST VILLARD BETWEEN NINTH A VENUE AND SEVENTH A VENUE AND ALSO TO INSTALL WATER SERVICE LINES TO ALL LOTS WITHIN THE DISTRICT. WHEREAS, at a regular session of the Commission of the City of Bozeman, State of Montana, held on the 21st day of August, 1963, the said Commission duly passed Commission Resolution No. 1085 declaring it to be the intention of the said Commission to crea te a special improvement district to be known and designated as Special Improvement District No. 436 of the said City for the purpose of constructing and installing a water main on North Ninth Ave- nue between Beall Street and Durston Road, said water main to be eight (8) inches and of cast iron, and to install a six (6) inch cast iron water main on West Villard Between Ninth Avenue and Seventh Avenue and also to install water service lines to all lots within the district, 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. 1085 is hereby referred to and made a part hereof for further particulars in respect to the boundaries of said Special Improvement District No. 436, 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 Resolution No. 1085 was duly published, as required by law, in the Bozeman DailY Chronic~e, a daily newspaper of general circulation printed and published in the ~ity 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 that such notice was first I published as aforesaid, and due proof having been made of the publication and service of said notice; and WHEREAS, within the time provided by law and said published and served notice there we~e not sufficient protAsts against the creation of said pro- posed Special Improvement District No. 436, and the City Commission was in regular session, the 18th day of September, 1963, at one o'Clock p.m. qf said day, a t the Commission Chamber in the Ci ty Hall building in the said Ci ty of Bozeman, the same 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 appear- ing 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: See tion 1 That said Special Improvement District No. 436 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 Intention No. 1085 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. 436 as follows: CONSTRUCTION AND INSTALLA TION OF A WATER MAIN ON NORTH NINTH AVENUE BETWEEN BEALL STREET AND DURSTON ROAD, SAID WATER MAIN TO BE EIGHT (8) INCIlliS AND OF CAST IRON, I AND TO INSTALL A SIX (6 ) INCH CAST IRON WATER MAIN ON WEST VILLARD BETWEEN NINTH A VENUE AND SEVENTH A VENUE, AND ALSO TO INSTALL WA TEF SERVICE LINES TO ALL LOTS WITHIN THE DISTRICT, INCLUDING NECESSARY VALVES AND FIRE HYDRANTS AND OT}lliR NECESSARY APPlffiTENANCES AND WORK INCIDENTAL THERETO. Section :3 That the entire cos-t and expense of making the special improvements 209 herein referred to in sa id Special Improvemen t Dis tric t No. 436 shall be pa id 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 against a fund to be lrnown as "Special Improvement District No. 436 Fund", P!'1id 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. 436 Fund; and bonds shall draw interest at a I rate not to exceed six percent (6%) per annum, which shall be chargeable as a part of the cost of said improvements and shall run from the date of the regi- stration of said bonds until said bonds are paid. To pay said bonds, and the interest thereon, representing the cost of said improvement, a special assess- ment shall be levied against all of the lands within said Special Improvement District No. 436 as in said ReSolution of Intention No. 1085 defined. Section 4 Said assessment and taxes shall be payable in twenty (2u) annual install- ments extending over a period of ninteen (19) years, with interest on deferred pa ymen ts, but this provision shall not be construed to prevent full payment at any time. See tion 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 improve- men ts . See tion 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 high- est and best bidder therefor for cash, and the proceeds of such sale used in making payment to the contractor, or con trac tors, for such work, and such pay- ment may be made 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 Commission. See tion 7 I That upon completion of plans and specifications by the City Engineer for the doing 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. 436, which 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 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 at a regular session thereof held on the 18th day of September, 1963. SI Fred M. Staudaher Ma yor ATTEST: SI C. K. Wilson Clerk of the City commission ---~- State of Montana ) County of Galla tin) ss City of Bozeman ) I, C. K. Wilson, Clerk of the Commission of The City of Bozeman, do hereby certify the foregoing Resolution No. l08g was published by title and number in the Bozeman Daily Chronicle, a newspaper of general circulation I printed and publisbed in said City in the issue of the 24th day of September, 1963, and due proof of such publication is on fiLe in my office. IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my office this 27th day of September, 1963. r e:~~~. vlerk the C y ommJ.ssion - - - ____n ------------------- - -----