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Home My WebLink AboutResolution 790 Creating SID 383 1 COMMISSION RESOLUTION NO. 790 A RESOLUTION OF THE CITY COMMISSION OF TIm CITY OF BOZEMAN CREATING A SPECIAL IVPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NUMBER 383 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING A SIX INCH WATER MAIN ON WEST MAIN STREET FROM NORTH NINTH A VENUE TO ELEVENTH AVENUE, A TEN INCH WATER MAIN ON NORTH ELEVENTH AVENUE FROM MAIN STREET TO A POINT FORTY FEET NORTH OF THE NORTH PROPERTY LINE 1 OF WEST MENDENHALL STREET, A SIX INCH WATER MAIN ON WEST MENDENHALL STREET FROM ELEVENTH AVENUE TO SEVENTH AVENUE, AND A FOUR INCH WATER MAIN ON NORTH TENTH AVENUE FROM MAIN STREET TO MENDENHALL STREET. WHEREAS: At a regular session of the Commission of The-City of Bozeman, State of Montana, held on the 15th day of June, A.D., 1955, the said Commission duly passed . Commiasion Resolution No. 789 declaring it to be the intention of the said Commis- sion to create a special improvement district to be known and designated as Special Improvement District No. 383 of the said City for the purpose of constructing a six inch water main on West Main Street from North Ninth Avenue to Eleventh Avenue, a ten inch water main OD North Eleventh Avenue from Main Street to a point forty feet North of the North property line of West Mendenhall Street, a six inch water main on West Mendenhall Street from Eleventh Avenue to Seventh Avenue and a four inch water main on North ~enth Avenue from Main Street to Mendenhall Street, and to specially assess a portion of the entire cost and expense of making said improve- ment against the property within said District under and by virtue of the provi- sions of the Laws of the State of Montana, in such case made and provided, and said Commission Resolution No. 789 is hereby referred to and made a part hereof I for further particulars in respect to the boundaries of said Special Improvement District No. 383, the estimated oost of said improvement and the method of assess- ing the same against the property of said District; and WHEREAS: Notice of the passage of said Commission Resolution No. 789 was duly published, as 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 oopy of euoh notice by U.S. mail to eaoh person, firm or corporation having property within the proposed Distriot at his or its last known address, .. upon the same date that suoh 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 law and said published and served notice there were not sufficient protests agains t the proposed work and agElinst the crea- tion of said proposed Special Improvement District No. 383; and the City Commission was in regular session on the 6th day of July, 1955, 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 in said notice for passing C "I 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 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: ,) ;....J See t10n 1 That said Special Improvement District No. 383 of The City of Bozeman, State of Montana, be and the Same 1s hereby created for the purpose of making the improve- ments as in said Resolution of Intention No. 789, and hereinafter described. Section 2 I That said special improvements be, and the same are, hereby ordered to be made in said Special Improvement District No. 383, as follows: THE CONSTRUCTION OF A SIX INCH WATER MAIN ON WEST MAIN STREET FROM NORTH NINTH AVENUE TO ELEVENTH AVENUE, A TEN INCH WATER MAIN ON NORTH ELEVENTH AVENUE FROM MAIN STREET TO A POINT FORTY FEET NORTH OF THE NORTH PROPEFTY LINE OF WEST MENDENHALL STREET, A SIX INCH WATER MAIN ON WEST MENDENHALL STREET FROM ELEVENTH AVENUE TO SEVENTH AVENUE, AND A FOUR INCH WATER MAIN ON NORTH TENTH AVENUE FROM MAIN STREET TO MENDENHALL STREET. THE WOBK WILL INCLUDE THE INSTALLATION OF TWO HYDRANTS ON WEST MAIN STREET AND TWO HYDRANTS ON NORTH ELEVENTH AVENUE, AND THE INSTALLATION OF VALVES AND FITTINGS AS REQUIRED. Sec tion 3 That the portion of the entire cost and expense of making the special improve- ments herein referred to in said special improvement No. 383 more specifically set forth in Section V of Commission Resolution No. 789 declaring it to be the intention of the said Commission to create Special Impruvement District No. 383, shall be paid 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 ($lUU.UU) each, and fractions or multiples thereof where necessary, to be issued and chargeable against a fund to be known as "Special Improvement District No. 383 Fund", said I 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. 383 Fund; said bonds shall draw simple interest at a rate not to exceed six per cent (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, representing the cost of said improve- ment, a special assessment shall be levied against all of the lands within said Special Improvement District No. 383 as in said Resolution of Intention No. 789 de fined. Section 4 Said assessment and taxes shall be payable in Ten (lU) annual installments extend- ing over a period of nine (9) years, with interest on deferred payments; but this pro- vision 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 spec- ifications for the doing of said work and the making of said improvements. 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 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 improvement for the City, or upon the entire completion of the improvements and the acceptance thereof by the City Commission. Resolution No. 790 -..-- :3 Section 7 That the Clerk of the City Commission of The City of Bozeman be, and is hereby, directed to publish a notice inviting proposals for the furnishing of material and the doing of the work and the making of said improvement on said Special Improvement District No. 383, which notice shall refer to the plans and specifications on file, I by publishing such notice in two (2) issue- 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, which shall be at a meeting of the City Commission to be held on Wednesday, the 19th day of October,1955, at one o'clock P.M. of said day. Passed and adopted by the Commission of The City of Bozeman at a regular session thereof held on the 13th day of July, 1955. ~_ / f~ -:?t1, . ( / Mayor ATTEST xf~ lerk 0 the ty Commission I State of M)n tans ) ) ss County of GallAtin ) I, L. G. Shadoan, Clerk of the City Commission of 'rhe City of Bozeman, do hereby certify that the foregoing Commission Resolution No. 790 was published by title and number in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City in the issue of July 22nd, 1955, and that due proof of such publication is on file in my office as such. IN wi'rNESS WHE>:iEOF I hereunto set my hand and af'fix the corporate seal of my office this 23rd day of July, 1955. #~~~. C1e-r of the CiW Commission I Resolution No. 790