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HomeMy WebLinkAboutResolution 1047 Creates SID No. 425 1-05 COMMISSION RESOLUTION NO. 1047 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 425 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING AN OUTFALL SANI TARY SEWER TO SERVE HILLCREST RETIREMENT HOMES AND I ADJACENT RESIDENTIAL AREA. WHEREAS, at a re~lar session of the Commission of the City of Bozeman, State of Montana, hel on the 18th day of July, A. D. 1962, the said Commission duly passed Commission Resolut~No. lU44 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. 425 of the said City for the pur- pose of constructing and installing an outfall sanitary sewer to serve Hillcrest Retirement Homes and adjacent residential area, and to specia~ly assess the en- tire 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. lU44 is hereby referred to and made a part hereof tor further particulars in respect to the boundaries of said Special Improvement District No. 425, the estima ted cost of said improvements and the method of assessing the same against the pro- perty ot said District; and WHEREAS, notice ot the passage of said Commission Resolution No. IV44 was duly published, as required by law, in the Bozeman Daily Chronicie, 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 D1strict at his or its last known address, upon the same date that such notice was first published as aforesaid, and due proof having been made of the publication and service of said notice; and .- WHEREAS, wi thin the time provided by .i.aw and published and served notice there were not sufficient protests against the creation of said proposed Special Improvement District No. 425, and the City Commission was in regular session the 8th day of August A. D. 1962, at one o'clock p.m. of said day, at the Commis- sion Chamber in the City Hall Building in the said City of Bozeman, the same be- ing the time and place designated in said notice for passing upon all protests, I if any, against the proposed work or against the creation or extent of said District, or both or either; and it further appearing that allot the proceed- ings 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. 425 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. IV44 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. 425 as follows: CONSTRUCTION AND INSTALLATION OF AN OUTFALL SANITARY SEWER TO SERVE HILLCREST RETIREMENT HOMES AND ADJACENT RESIDENTIAL AREA, SAID PRO- JECT 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. 425 shall be paid by Spec- ial Improvement District Coupon Bonda, 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 known as "Special Improvement District I No. 425 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 Improve- ment District No. 425 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 shall run from the date of the registration of said bonds until said bonds are paid. To pay said bonds, and the interest thereon, repre- senting the cost of said improvement, a special assessment shall be levied against all of the lands within said Special Improvement District No. 425 as in said Resolution of Intention No. 1044 defined. Section 4 , ' Said assessment and taxes shall be parable in twenty (20) annual install- ments extending over a period of nineteen 19) years, with interest on deferred I ..-.--..--..--...-...-.. - .-.-.... ----.- 1.06 payments; but this provision shail not be construed to prevent full payment at any time. Section 5 That the City Engineer be, and he i8 hereby, directed to prepare plans and specifications for the doing of said work and the making of said improve- ments. I Section 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 the contractor, or contraotors, for such work, and such payment 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. Section 7 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 1s hereby, directed to publish a notice inviting proposals for the making of said improvements on said Special Improvement District No. 425, which notice shall refer to the plans and specifications on file, by publishing such notice in two (2) issues of the Boze- man Daily Cbronicie, a daily newspaper printed and published in the City of Bozeman, not less than ten (lU) 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 ~ day of August, A. D. 1962. S/ Fred M. Staudaher Mayor ATTEST: I t? /; ~)?~ Clerk ot the City Commission ..----........ - State of Montana ) County of Gallatin) S8 City of Bozeman ) It C. K. Wilson, Clerk of the Commission of The City of Bozeman, do hereby certify that the foregoing Resolution No. 1047, was pubiished by title and number in the Bozeman Daily Chronicle, a newspaper of general circulation printed and pubiished in said City in the issue of August 15, 1962, and due proof of such publi- cation is on file in my office. IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my office this 25th day of September, 1962. (/? /l(Jh ~v' Clerk 0 - the City ommis sion I ------~