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HomeMy WebLinkAboutResolution 945 Creating SID 408 for Storm Drainage System --... ..-.- .- _. ....____n_____ :-J16 COlfMISSION RESOLUTION NO. 945 A RESOLUTION OF' THE CITY COMMISSION OF' TIlE CITY OF BOZEMANCREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNO'.'m AS SPECIAL IMPROVEMENT DISTRICT NO. 408 OF THE CITY OF' BOZEMANFOR THE PURPOSE OF CONSTRUCTING AND :rnSTALLINC Ii STORM DRAINAGE SYS1'EM TO SERVE THE AREA BETWE:EN NORTH GRAND AVENUE AND NORTH SEVENTH AVENUE EX'EENDING FROM WEST MAIN STREET TO DURSTON ROAD, IN SAID CITY WHEREAS, At a re~ular session of' the Commission of' the City of Bozeman, State of Montana, held I on the 11th day of March A. D. 1959, the said Commission duly passed Commission Resolution No. 943 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. 408 of the said City for the pur- pose of constructing and installing a storm drainage system to serve the area wi thin the city limits of the City of Bozeman situate on those streets and avenues in the said City of Bozeman lying between North Grand Avenue and North Seventh Avenue extending from West Main Street to Durston Road, and to specially assess the entire cost and expense of makin~ said improvements aga.inst 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. 943 is hereby referred to and made a part hereof for further particulars in respect to tte boundaries of said Special Improvement District No. 408, 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 Commisiion Resolution No. 943 was duly published, as re- quired by law, in the Bozeman Daily Chronicle, a daily newspaper of general circulation printed and published in the City of' Bozeman, Montane, 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 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 Bnd said published and served notice there were not sufficient protests against the proposed work and against the cree_tion of said proposed Speoial Improvement District No. 408; and the City Conunission was in regular session on the 1st day of April 1959, at one 0' clook p.m. of said day at the Commissj...c;m Chamber in the City Hall Building in the said City of Bozeman, the same being; the ttine 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 appearing that all of' the proceedings for the creation of said District have b';en lawful and regular; NOW THEREFORE, BR IT RESOLVED BY THE COMMISSION OF THE CITY OF BOZEl/iAN, I Section 1 That said Special Improvement District No. 408 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. 943, and hereinafter described. Section 2 That said special improvements be, and the same are hereby, ordered to be made in said Special Improv~nent District No. 408 as followsr CONSTRUCTION AND INSTALLATION OF A STORM DRAINAGE SYSTEM INCLUDING NECESSARY PIPE LINES, MANHOLES, DRAIN INLETS AND OTHER NECESSARY AP- PURTENANCES, ANt 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. 408 shall be paid by Special Improvement District Coupon Bonds, as authorized by the laws of the State of Montana, which bonds shall be in tile denomina- tion of One Hundred Dollars ($100.00) each, and fractions or ~ultiples thereof where necessary, to be issued and chargeable against a fund to be known as "Special Improvement District No. 408 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 Improvement District No. 408 Fund; said bonds shall draw simple interest at 6_ rate not to exceed six percent (6%) per anrlUtI!, 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 a~ainst all of the lands within said Special Improvement District No. 408 as in said Resolution of Intention No. 943 defined. Section 4 I Said assessment and taxes shall be payable in twenty (20) annual installments extending over 8. period of nineteen (l9} 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 F~lgineer be, end he is hereby, directed to rrepare rlans and specifications for the doing of said work and the making of said improvements. - --.---.--- :117 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 makin6 peyment 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 improvp.ments and the acceptance thereof by the City Commission. I Secti on 7 That upon cOlnpleti6n 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 be, and is hereby, directed to publish a notice inv! ting :proposals for the furnishing; of materid and the doing of the work and the making of said improvements on said Special Improvement District No. 408, 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. dRily 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 8th day of April A. D. 1959. -It~~- " - ---- I Mayor ATTES~~ C~f the City Commission State' ;) f Man tans. ) I County of Ga.lle tin ) $S I, L. G. Shadoan Clerk of the COlT'.miss:ion of the City of Bozeman, do hereby certify th, t the foregoing R"solution No. 945 was fubl ished by titl e and number in the Bozeman Daily Chronicle. a newspaper of general circum tion printed and published in said City in the issue of April 13U, 19S9. end due proof of such publicetior is cn file in nw office. IN 'NInmSS ViT~RE()}' ::: hereunto set my hand and affix the corporate seal ')f my office this 14 th day of Arril, 1%9. ~~--= __J C er of ,he {.ommission I Resolution No. 945 ----- -------