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HomeMy WebLinkAboutResolution 1024 SID 422 __._______.._... __.____u______ ........_ n__ --.--.---...-- ._.u__ ..__.._._ ----..------- 38 COMMISSION RESOLUTION NO. .!2?! A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 422 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND I INSTALLING A WATER MAIN ON NORTH TENTH AVENUE FROM WEST BEALL STREET To DURSTON ROAD AND FOR THE FtffiTHER PURPOSE OF CONSTffiJCTING AND INSTALLING A SEWER MAIN IN THE NORTH-SOUTH ALLEY BETWEEN NORTH TENTH AVENUE AND NORTH ELEVENTH A VENUE EXTENDING FROM WEST BEALL STREET TO DURSTuN ROAD. WHEREAS, at a re~lar session of the Commission of the City of Bozeman, State of Montana, nel on the ~ day of ~u~usi A. D. 1961, the said Commission duly passed Commission Resolution No. 1U2 ec aring it to be the intention of the said Commission to create a special improvement district to be know...1 G.1.o.. dl;;s- 19r.f~eu. ES ~;ecia~,in,lI;n.~etueLt :V:sirlct Ne.. .;z.z of the said City for the purpose of constructing and installing a water main on North Tenth Avenue from West Beall Street to Durston Road and for the furtner purpose of constructing and install- ing a sewer main in the North-South alley between North Tenth Avenue and North Eleventh Avenue extending from West Beall street to Durston Road, 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. 1022 is hereby referred to and made a part hereof for furtner particulars in respect to the boundaries of said Special Improvement District No. 422, the estimated cost of said improvements and the method of assessing tne same against the property of said District; and WHEREAS, notice of the passage of said Commission Reso~ution No. lu22 was duly published, as required by law, in tne Bozeman Daily Ch,ronic~e, a daily news- paper of general circulation printed and publisned in the City of Bozeman, Montana, and by sending a copy of such notice by U. S. Mail to each person, firm I or corporation having property within the proposed District at nis or its last known address, upon the same date that such notice was first publisned as afore- said, and due proof having been made of the publication and service of said notice; and WHEREAS, within the time provided by law and said publisned and served notioe there were not sufficient protests against the creation of said proposed ~cial Improvement District No. 422, and the City Commission was in regular session the 23rd day of August A. D. 196~, 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 1n 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 prooeedings 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. 422 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 Rerolution of Intention No.. 1022 and nereinafter described. Section 2 That said special improvements be, and the same are, hereby ordered to be made in said Special Improvement District No. 422 as follows: CONSTRUCTION AND INSTALLATION OF A WATER MAIN ON NORTH TENTH A VENUE FROM WEST BEALL STREET Tv DURSTON ROAD AND THE CONSTRUCTION AND INSTALLATION OF A SEWER AMIN IN THE I NORTH-SOUTH ALLEY BETWEEN NORTH TENTH A VENUE AND NORTH ELEVENTH A VENUE EXTENDING FROM WEST BEALL STREET TO D1ffiSTON ROAD, INCL1IDING THE NECESSARY PIPE LINES, MAN HOLES, DRAIN INLETS, AND OTHER NECESSARY APPURTENANCES AND WORK INCIDENTAL THERETO. See tion 3 That the entire cost and expense of making the spec1al improvement herein referred to in said Special Improvement District No. 422 shail be paid by Special Improvement District Coupon Bonds, as authorized by the laws of the State of Montana, which bonds shail be in the denomination of One Hundred Dollars ($1UO.00) 39 each, and fractions or multiples the~eof where necessary, to be issued and charge- able against a fund to be known as " pecial Improvement District No. 422 Fund", said bonds to be redeemable at the option of the City of Bozeman, Montana, when- ever funds are availabLe for that ~lrpose from said Special Improvement District No. 422 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 improve- ments 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, representing the cost of said improvement, a speciaL assessment shall be levied against all of the lands I within said Special Improvement District No. 422 aa in said Resolution of Intention No. 1022 defined. Section 4 Said assessment and taxes shalL be payable in twenty (20) annual install- 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 improvements. 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 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 improvements for the City, or upon the entire completion of the improvements and the acceptance thereof by the City Commission. Section 7 Tha t 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 Oommission 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 I Improvement District No. 422, which notice shall refer to the plans and Speci- fications 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 ~ day of August A.D. l~6l. s/ Arnold M. Swanson Mayor ATTEST: sf' Harold A. Fryslie Acting Clerk of the City wommission ~ - - ~ - ~ ~ ~ ~ ~ ~ ~ ~ - - State of Monta na ) ) ss County of Gallti tin) I, C. K. Wilson, Clerk of the Commission of the City of Bozeman, do hereby certify that the foregoing Resolution No. 1024 was published by title and number in the Bozeman Daily Cnronlc1e, a newspaper of general circulation printed I and published in said City in the issue of August 29th, 1961, 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 30th day of August, 1961. ~{{k4~ C. er 0 he C ~ ommission - - - - - ~ ~ ~ - - ~ - ~