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HomeMy WebLinkAboutResolution 748 Creating SID 370 388 COMMISSI,jN PE:::iOL UrIUl'T NO. 7LiJ A TIESOLUTION OF THE CI'TY COMrvII~)SIJr'l OF' 'THE CI'rY OF T30ZElvlAN, MONTANA CR8/ TriG A SPECIAL IMPPOVSMEN'r DIs'rRIC'T C)F SAID CITY 'ro BE KTlJ )WN AND DESIGNJITED AS SPECIAL IMPROVEMENT DISTRICT NO. 370 FOR 'rHE PUFF JSE OF' CONSTPUC'['TNG A lID IN- STALLING A SANTrAPY SE'VER IN sour-:-I CHURC!I A VEtJUE PP)M STORY s'rREE'r sourH FOR A DIs'rANCJ.-t::; OF A PPROXIMi' TELY FOUR HUNDRED 01-00) FEET, II TlJD 'ro SPEC IlILT,y ASSESS 'rHE COST OF' SUCH CONST"RUC'rION AND INST/lLLA'rION AGA JN~)'l' THE PROPER'rv WI'rHIN 'rfIE BOUNDl'RIES OF S/lID SPECIAL IMPROVEMENT DISTRICT so CRErTED ON II FHONT FOOT BJ\SIS, P1JRSUANT T j THE ST A'rUTE:S IN SUCH CA2,ES M/\ DE MID PROVIDED A:ID P1JHS UAN'T 'ro AND IN CONFOPMI'l'V WITH CJMMIS,':;I:JN RESOLUTL)1.J NUMBER 733 OF' SAID CI'rY COM- I MISSION AS PASSED AND ADOPTED BY SAIn CITY CJMMISSIJn ON T4E 23rd DAY OF' F'EBRUJ\RY, P.. D. 19S3. WlIEREJ,S: 'The City Commission of the City of bOZellSn, on the 8th day of April, 19S3, passed and adopted Commission Resolution No. 733 declaring it to be the intention of said Commission to create Special Improvement District No. 370 of said City for the purpose of construct~_ng and :i~nstalling a sanitary sewer in soUt:l Church Avenue fror.l story Street south for a distance of ap:)roximately four Inmclred (LtOO ) feet, which said Resolution, of record and on file in the office of the Clerk of said City Commission and open to the in..' spectJ.on of the public, is h_ereby referred to for further pl1rticular3; and WHErEAS; Due proof has been made that servLce of notice of the adoption of seld Fpso- lution No. 733 was duly made and given as by law provided; and I,yH-q;REAS; At t he time and place fixed in sald Resol utionNo. 733 for the making and filing of protests agaInst the creeti)n of said proposed Special Improve~ent District No. 370, to-wit, at the hour of 1:00 o'clock P.M. on Wednesday, the twenty-ntneth day of April, A.D. 1953, being a regular m.o,ettng time of said C-tty Commission, ut the Commission Cha'Tlber in the City Hall Building of the Ci ty of Bozema'1, no protests wero made or filed against the creation of said Special Improvement District No. 370; NOW 'THEFEF'JRE I BE IT RESOLVED .i3Y 'rlfE C,-HVIMISSION \)F' 'rln~ CI'rY OF BOZEMAN: Section 1. 'That said Special Improvement District No. 370 of' the City of 3ozeman, State of Mon~na, be and the sacne is hereby creat ed for the pur1)ose of making the Ln- prove'Jents as in said ResolutiJD of IntentiJn No. 733 and hereinafter described. Section 2. That said special improve~ents be, and the same ore, hereby ordered to be made in said Special Improvement District No. 370, as follows: 'TIfE CONS'rRUC'I'I)jI[ AND TNSTALIJI TION OF A SANl'I'ARY SE1.1ER IN SOUTr! CHURG'{ A'IEMUE FROM STORY s'rRS:~'r SOUTH FOE A DISTANCE OF APPROXB1i\'r.[~LY FuUR HU1mRED (400) FF:E'r Section 3. 'l'hat the entire cost and expense of making the specivl i'lprovement herein referred to in said Special Im[X' ovement Distric:t No. 370 shall be paid by Special Improve- ment District Coupon Bonds, as authorized by the laws of the Stfite oj" lVlontm18, which bon ds shall be in the denomination of One Hlmdred ($100.00) Dollars each, and fractions and mul- tiples thereof where necessary, to be issued_and chargeable agaInst a fund to be known as "Special Improvement District No. 370 Flmd," said bonds to be redeemRble at the option of the City of Bozeman, J'bntana, whenever f~mds are &vailable for thut purpose fro;} said Special Improvement District No. 370 Fund; said bonds shall drlw simple :nterest at a I rate not to exceed six (6%) per cent per annUl, which s[wll be chcl'tjeable as H prrt')f the cost of said improvements and shall run fro'n the dvte of the registrl'ltion of said bonds until said bonds are paid. To pay said bonds, and the interest thereon, represent- ing the cast of said i~provement, a special assessment 3h811 be levied against all of the lands within Special Improvement District No. 370 as in said Resolution of Intention No. '733 defined, each lot, peice and parcel of land within such bondaries to be assessed therefor . -. -... . .-.... "'~ 38~) in the proportion which its frontage bears to the frontage of all the land withi.n such bound;ries, on a front foot basis. Section 4. Svid assessment and taxes shall be payable in ten (10) annual ]_nstall- ments extendIng over a period of nine ( ()) years, with Inter0st on deferred payments; but this provision sh[;ll not be construed to nrevent full payment at any time. 1 Section 5. 'rhat the City Engineer, be, Emd he is hereby, directed to prepare plens and specifications for the doi:lg of said work and the making of said improvements. Section n. That Dl1rsuant to the provisions of, and authority conferred by Section 11-2:::>3?, revised Codes of Montana, 1947, said bonds may be sol d to the highest and best bidder therefor for cash, bnd the pro ceeds of such sale used in making payment to the Contractor, or Contractors, for such worle, and such payment may be made either, from ti'ne to time, on esti~ates m8de by the en~ineer in charge of such lmnrove'!1ents for the City, or upon the entire complecion of the improvements and the acceptance thereof by the City Commis s i.m. Section 7. 'rhc-]t the Clerk of the C i t~r Commissi')11. of the City of BOZemflr1 be, and is hereby directed to publish a notice invitinB proposals for the furnishing of material and the do lnr!'s of the work [mc! the maleing of said imorover1en t in said Sp:~cial Impro'rement District No. 370, whir:h notice shall refer to the plans and specificutions on file, by publish~nr~ such notice '.'1 two ( 2) i ~J sues of the Boze~an D2ily Chronicle, a dally news- paper printed and published in the City of Bozem[m, 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 I be held on Wednesday, the 9th day of September, 19~; 3, at one o'clock P.M. of said day. Passed and adopted by the CO'1mission of the City of Bozeman at a regul1r session thereof held on the 26 ;~h day of A ugus t, 19~3. M a \'0 I' ~(~ State of Mon tana ) ) ss ~ounty of G-nllr; tin ) I, L. r; Shadoan, Clerk or the City Commission of '1'he Citv of Bozernen rto hereby ....)" . eertify thrt the foregol~g Co~nis3i)n Resolution ~o. ?LId WBS published by ti tIe and number in the Bo~eman Daily Chronicle, & newspaper J f general circulation printed and published in the is s ;le )f SeotembAr 4th, 1953, and thn t due pr()of of s ~Jch publica tion is on file in my office. IN ','JI'rNESS WTTEREOF' I herelmta set my hand and affix the eoroorate seal af my office this 5th day of Oct)ber, 19S3. g-f~~HL .1 Clerk 0 the City Commission