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HomeMy WebLinkAboutResolution 946 Creating SID 409, Storm Drainage System --...- :~18 CObft.MISSION RESOLUTION NO. 946 A. RF;SOLUTION OF' THE CITY COMMISSION OF THE CITY OF' BOZEMAN CRgATING A SPECIAL IMPRO~T LISTRICT TO BE KNOWN .AS SPECIAL IMPROVEMENT DISTRICT NO. 409 OF THE CITY OF BOZFII'.AN :FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING A STORM DRAINAGE SYSTE1:.ff TO SERVE TI-IE AREA EiETWEEN NORTE SEVENTH AVENUE AND NORTH ELEVENTH AmmUE F.JCTENDING FROM ViEST MAIN STREET TO WEST BEALL STREET, IN SAID CITY WHER1'~, at a regular session of the COJ1L'1lission of the City of Bozeman, State of Montana, held I on the 18th day of March A. D. 1959, th~ said Commission duly passed Commission Resolution No. 944 declaring it to be the intention of the said Commission to create a special improvement district to bp. known and des ignated as Special Improvement District No. 409 of the said City for the purpose of construct.. ing and installing a storm drainage system to serve the area within the city limits of the City of Bozeman situate on those streets and avenues in the said Gity of Bozeman lying between North Seventh Avenue and North Eleventh Avenue extending from West Main Street to West Beall Street, 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. 944 is hereby referred to and made a part hereof for further parti- culars in respect to the boundaries of said ,Specie,l Improvement District No. 409, 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 Commission Resolution No. 944 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 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 nlown 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 ~REREAS, Within the time provided by law and said published and served notice there were not sufficient protests against the proposed work and against the creation of said proposed Special Improvement District No. 409; and the City Commission was in regular session on the 8th day of April A. D. 1959, 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 upon all protests, if any, against the pDoposed 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, THEEEFORE. BE IT RESOLVED BY THE COMMISSION OF THE: CITY OF BOZEMAN. Secti on 1 I That said Special Imfrovement District No. 409 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. 944 and hereinafter described. Secti on 2 That said special improvements be, and the same are hereby, ordered to be made in said Special Improvement District No. 409 as follows: CONSTRUCTION AND INS TALLATION OF A STORM DRAINAGE SYSTEM INCLUDING NECESSARY FIPE LINES, MANHOLES, DRAIN INLETS AND OTHER NECESSARY .&PPURTENM;CES. .AND OTHER WORK INCIDENTAL THERETO Section 3 That the entire cost and expense of making the special improvements herein referred to in said Special ~provement District No. 409 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 denominations of One Hundred Dollars (IIOO.OO) each, and fractions or multiples thereof where necessary, to be issued and chargeable against a fun to be known es "Special Improvement District No. 409 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. 409 F'und; said bonds shall draw simple interest at a rate not to exceed six percent (6%) per annum, which shall be chargeable as a pfJtt of the cost of said improvements and shall run from the date of the registration' of said bonds 1mtil said bonds are paid. To I,ey said bonds, and the interest thereon, representing the cost of said improvements, a special assessment shall be levied against all of the lands within said Special Improvement District No. 409 as in said Resolution of Intention No. 944 defined. Secti on 4 Said assessment and taxes shall be payable in twenty (20) annual installments extending over I a peri od of nineteen (19) years, with interest on deferred payments; but this provisi on shall not be construed to prevent full payment at any time. Section 5 That the City EngiBeer be, and he is hereby, directed to prepare plans and specifications for the doing; of said wor4: and the making of said improvements. -------- .-.- n._ --...- :~19 Section 6 That pursuant to the provisions, and authority conferred by Section 11-2232, Revised Codes of Montena, 1947, said bonds may be sold to the highest bidder the~efor for cash, and the proceeds of said 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 I That upon comf,letion of plena and specifications by the City Engineer for the doing of said work end the making of said improvements, the Clerk of the City Commission of the City of Bozernanbe, and he is hereby, directed to [,ub11sh a notice inviting propos~_ls for the furnishing of material and the doing of the work and the making of said improvements on said Special Improvement District No. 409 ,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. 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 Commissionoffthe City of Bozeman at a regular session thereof held on the 15th day of April A. D. 1959. ji<<J~L .. -- ayor AT TEST: ~/ Sta te of iLontana ) S5 County of GallI, tin ) I, L. G. Shadoan, ':~lerk of the Commission of the City of BozeLan, do hereby certif~/ that the foregoing R...solution No. 94(j WflS pubU shed by title and number jn the Bozpman Daily Chronicl e, a newspaper of g;er,eral circul tian printed and I;ublished jn said 'City in the issue of April 17th 19 5~j , and due proof of such publication is on file in my office. IN MTNESS 'iVHEP}~OF' I here-unto set my hand and affix the corporate seal of my office this I 18th day of April, 1959. CL~~/ I Resolution 946 --------