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HomeMy WebLinkAboutResolution 726 Creating SID 366 for Sewer 332 COMMISSION RESOLUTION NO. 726 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A SPECIAL IMPROVEMENT DISTRICT OF SAID CITY 'ro BE KNOWN AND DESIGNA'fED AS SPECIAL IMPROVEMENT DISTRIC'f NO. 366 FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING A SANI'fARY SEWER IN 'rRE NOR'fR AND SO UTH ALLEY IN BLOCKS ONE 91), TWO (2), THREE (3), AND FOUR (4) OF THE NORTH SEVENTH ADDITION TO THE CITY OF BOZEMAN, AND THE EX'fENSIONS OF SAID ALLEY BE;'fWEEN A POINT LOCATED 150 FEET SOUTH OF THE SOUTH LINE OF WEST ASPEN STREET AND THE MANHOLE A'f S'fATION 47 PLUS 35 OF THE WEs'r SANI'fARY TRUNK SEWER, SAID MANHOLE BEING LOCATED 5 FEET SOU'fH OF 'fHE NORTH CrTY LIMITS OF THE CITY OF BOZEMAN, AND TO SPECIALLY ASSESS THE COST OF SUCH CON- I STRTJCTION AND INSTALLATION AGAINST THE PROPERTY WITHIN 'rHE BOUNDARIES OF SAID SPECIAL IMPROVEM"E~N'f DISTRI~jT SO CREA'fED ON AN AREA BASIS, PURSUANT TO THE STATUfES IN SUCH CASES MADE AND PROVIDED AND PURSUANT 'fO AND IN CONFORMI'fY WITH COMMISSION RESOLU'fION NUMBER 720 OF SAID CITY COMMISSION AS PASSED AND ADOPTED BY SAID CITY COMMISSION ON 'fHE 3RD DAY OF SEPTEMBER, A.D., 1952. WHEREAS: The City Commission of the City of Bozeman, on the 3rd day of September, 1952, passed and adopted Commission Resolution No. 720 declaring it to be the intention of said Commission to create Special Improve;":lent District No. 366 of said City for the purpose of construe ting and installing a sanitary sewer in the north and s,)uth alley in blocks one (1), two (2), three (3) and four (4) of the north seventh addition to the City of Bozeman, and the extensions of said alley between a point located 150 feet south of the south line of West Aspen Str'-,et and the manhole at Station 47 plus 35 of the west sanitary trunk sewer, said manhole being located 5 feet south of the north city limits of the City of Bozeman, which said Resolution, of record and on file in the o"fice of the Clerk of said City Commission and open to the inspection of thepublic, is hereby referred to for further particulars; and WHEREAS; Due proof has been made that service of notice of the adoption of said Resolution No. 720 was duly made and given as by law provided; and WHEREAS; At ;the time and place fixed in said Resolution No. 720 for themaking and I filing of protests against the creation of said proposed Special Improvement District No. 366, to wit, at the hour of 1:00 o'clock P.M. on Wednesday, the 24th day of September, A. D. 1952, being a regular session time of said City Connnission, at the Commission Chamber in the City Hall building of the City of Bozeman, no protests were made or filed against the creation of said Special Improvement District No. 366; NOW, THEREFORE BE IT RESOLVED BY THE COMMISSION OF THE CITY OF BOZEMAN: Section 1. That said SPeclal Improvement District No. 366 of the City of Bozeman, State of Montana, be and the same is hereby created for the purpose of making the improve- ments as in said Resolution of Intention No. 720 and hereinafter described. Section 2. 'fhat said special improvements be, and the same are, hereby ordered to be made in said Special Improvement District No. 366, as follows: THE CONs'rRTJCTION AND INSTALLATION OF A SANITARY SEWER IN THE NORTH AND SOUTH ALLEY IN BLOCKS ONE (1), TWO(2);THREE (3) AND FOUR (4) OF THE NORTH SEVENTH ADDrrION 'fa THE CITY OF BOZEMAN, AND 'rHEEX'fENSIONS OF SAID ALLEY ggTWEEN A POIN'f LOCATED 150 FEET sou'rH OF 'rHE sourH LINE OF WES'f ASPEN STREET AND 'fHE MANHOLE A'r STATION 47 PLUS 35 OF 'fHE WEST SANITARY TRUNK SEWER ' Section 3. That tht entire cost and expense of making the special improvement here- I in referred to in said Special Improvement District No. 366 shall be paid by Special Im- provement District Coupon Bonds, as authorized by the laws of the State of Montana, which bonds shall be in the denomination of One Hundred (~OO.OO) Dollars each, and fractions thereof where necessary, to be issued and chargeable against a fund to be known as "Special Improvemen t District No. 366 Fund", said bonds to beredeemable at the option of the Clty of Bozeman, Montana, whenever funds are available for that purpose from said Special Im- provementDistrict No. 366 Fund; said bonds shall draw simple interest at a rate not to ---.. ......-. 333 exceed six (6%) per cent 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 thelands within Special Improvement District No. 366 as in said Resolution of Intention No. 720 defined, I each square foot of land within said District to be assessed for its proportionate share of the entire cost of said District. Section 4. Said assessment and taxes shall be payable in ten (10) annual install- ments extending over a period of nine ( 9) 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 Engineer be, and he is hereby, directed to prepare plans and specifications for the doing of said work and the making of said improvements. Section 6. That pursuant to the provisions of, and authority conferred by Section 11-22J2, 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 improvements for the City, or upon the entire completion of the improvements and the acceptance thereof by the City Commission. 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 I and the doing of the work and the making of said Improvement in said Special Improvement District No. J66, which notice shall refer to the plans and specifications on file, by publishing such notice in two ( 2) issu~s 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 22nd day of October, 1952, 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 1st day of October, 1952. Attest: ~.t~ tuilk Cler of the City Commission Mayor State of Montana ) ) ss County of Gallatin ) I, L. G. Shadoan, Clerk of the Commission of The City of Bozeman do hereby certify that the foregoing Resolution was published by title and number in the Bozeman Daily Chronicle, a newspaper of geneniL circulation printed and published in said City in the I issue of October 4th, 1952. IN WITNESS WHEREOF I hereunto set my hand and affix the seal of my office.this 5th day of October, 1952. Cler&~/ Resolution No. 726