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HomeMy WebLinkAboutResolution 845 Creating SID 392, Storm Drainage System 1,18 COMMISSION RESOLUTION NO. 845 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 392 OF THE CITY OF BOZEMAN FOR THE Ptffil'OSE OF CONSTRUCTING AND INSTALL- ING A STORM DRAINAGE SYSTEM TO SERVE THE AREA WITHIN TIlE CITY LIMITS OF ~{E CITY OF BOZEMAN SITUATE ON THOSE STREETS AND AVENUES IN ~lE SAID CITY OF' BOZEMAN SYING BETWEEN WEST MAIN STREET AND VIlEST LINCOLN STREET PRODUCED, I FROM SOUTH EIGH~1 AVENUE TO SUUTH FIFTEENTH AVENUE EXCE}'TING THAT PORTION OF SOUTH ELEVENTH A VElffiE AND SOUTH ELEVENTH AVENUE yRODUCED EXTENDING FROM WEST MAIN STREET TO A POINT 91.5 FEET NORTH OF THE NORTH LINE OF WEST CURTISS STREET, AND EXCEPTING THAT PORTION OF sounI FIFTEENTH AVENUE FROM WEST KOCH STREET TO WEST COLLEGE STREET, IN SA ID CITY. VffiEREAS, At a regular session of the Commission of the City of Bozeman, State of Montana, held on the 22 nd day of May, A.D. 1957, the said Commission duly passed Commission Resolution No. 838 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. 392 of the said City for the purpose of con- structing and installing a storm drainage system to serve the area within the City L1mi ts of the C1 ty of Bozeman s1 tua te on those s tree ts and avenues in the said City of Bozeman1ying between West Main Street and West Lincoln Street produced, from South E1ghth Avenue to Sou.th Fifteenth Avenue excepting that portion of South Eleventh Avenue and South Eleventh Avenue produced extending from West Main Street to a point 91.5 feet North of the North Line of West Curtiss Street, and excepting that portion of South Fifteenth Avenue from West Koch Street to West College Street, and to spec1al1y assess the entire cost and expense of making I said improvement against the property within said District under and by virtue of the provisions of the Laws of the Sta te of Montana, in such case made and provided, and said Commission Resolution No. 838 is hereby referred to and made a part hereof for further particulars in respect to the boundaries of said Special Improvement District No. 392, the estimated cost of said improvement and the method of assessing the same against the property of said District; and WHEREAS: Notice of the passage of said Commission Resolution No. 838 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 ~ending a copy of such notice by U.S. mail to each person, firm or corporation having property within the proposed Dlstrlct at his or its last known address, upon the same date that such notice was first publisbed as aforesaid; and due proof having been made of the publication and service of said no tice; and WHEREAS: Within the time provided by law and said publisned and served notice there were not sufficient protests against the proposed work and against I the creation of said proposed Special Improvement District No. 392; and the City Commission was in regular session on the 19th day of June, 1957, at one o'clock P.M. of said day at the Commission Cnamber in the City Hall building in the said City 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 - 149 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: I Section 1 That said Special Improvement District No. 392 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. 838, and hereinafter described. Sec tion 2 That said special improvements be, and the same are, hereby ordered to be made in said Special Improvement District No. 392 as follows: CONSTRUCTION AND INSTALLATION 01" A STORM DRAINAGE SYSTEM INCLUDING NECESSARY PIPE LINES, MANHOLES, DRAIN INLETS, AND OTHER NECESSARY APFURTENANCES. ONE OUTLET ALONG SOUTH NINTH AVENUE TO MEET EXISTING SYSTEM AT VmST MAIN STREET, AND ONE OUTLET ON SOTJTH ELEVENTH AVENUE, ENDING AT A POINT 91.5 FEET NORTH OF THE NORTH LINE OF WEST CURTISS STREET EMPTYING INTO AN OPEN, EXISTING CHANNEL, AND OTHER WORK INCIDENTAL THERETO. Section 3 That the entire cost and expense of making the special improvements herein referred to in said Special Improvement District No. 392 shall be paid by Special Improvemen t Die tric t Coupon Bonds, as autrorized by the laws of the Sta te 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 char~e- I able against a fund to be known as "Special Improvement District No. 392 Fund", said bonds to be redeemable at the option of the City of Bozeman, Montana, when- ever funds are available for that purpose from said Special Improvement District No. 392 Fund; said bonds shall draw simple interest at the 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, representing the cost of said improvement, a special assessment shall be levied against all of the lands within said Spec:lal Improvement Distrlct No. 392 as in said Resolution of Intention No. 383 defined. Section 4 Said assessment and taxes shall be payable in twenty (20) annual installments extending over a period of nineteen (19) years, with interest on deferred payments; but this provision shall not be construed to prevent full paj~ent at any time. Sec tion 5 That the City Engineer be, and he is hereby, directed to prepare plans and I specifications for the doing of said work and the making of said improvements. 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 highes t and bes t 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 tl~e to time, on estlmates made by the engineer in charge of such improvement COMMISSION RESOLUTION NO. 845 ---- --. - 150 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 I City Commission of the City of Bozeman be, and is hereby, directed to publish a notice inviting proposals for tbe furnishing of material and the doing of the work and the making of said improvement on said Special Improvement District No. 392, which notice shall refer to the plans and specifications on file, by publishing such notice in two (2) issued 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. Passes and adopted by the Commission of the Ci ty of Bozeman a t a regular session thereof held on the 26th day of June, 1957. 4~~~l- Mayor ATTEST: ~~ /~- ~~~' I Cl~r12 of The Ci ty Commis s ion St9te of Montana ) ss County of Gallatin ) I, L. G. Shadoan, Clerk of tbe Commission of The City of Bozeman, do hereby certif'y that the foregoing Resolution was published by title and D1Jmber in the Bozeman Daily Chronicle, 8. newspaper of general c:trculation frinted and published in said City in the issue of July 2nd, 1957, and that clue proof of such publica- tion is on file in my office. . IN WITNESS WHEREOF, I hereunto set my hand and affix the corporate seal of my office this 3rd day of July, 1957 . ~" ~ ~ ~~_<~"~CL~/ Cie { 0 e commf:s ion I COMMISSION RESOLUTION NO. 845