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HomeMy WebLinkAboutResolution 666 Creates SID No. 359 156 CO~MISSION RESOLUTION NO. 666 A RESOLUTION OF THE CITY COMMISSION OF THE CIT! OF BOZEMAN CREATING A SPECIAL IMP- ROVEMENT DIS'I'RICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NUMBER 359 Or' THE CITY OF BCZEMAN FOP THE PURPOSE OF CONSTRUCTING AND INSTALLING A SANITARY SEWER ON NORTH BLACK A VENUE BETWEEN COTTONWOOD AND 'TAMARACK STRET~TS IN SAID CITY. WHEREAS: At a regular meeting of the Commission of the City of Bozeman, State of Montana, held on the 12th day of October, 1949, the said Commission duly passed Comm- I iasion Resolution No. 660 declaring it to be the intention of said Commission to create a special improvement district to be known and designated as Special Improvement Dist- rict No. 359 of said City, for the purpose of constructing and installing a sanitary sewer on North Black Avenue between Cottonwood and Tamarack Streets in said City, and to specially assess the entire cost and expense of making said improvements against the prop'" erty 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. 660 is hereby referred to and made a part hereof for further particulars in respect to the boundaries of said Special Improvement District No. 359, 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. 660 was duly pub- lished, as required by law, in the Bozeman Daily Chronicle, a daily newspaper of general circulation printed and published in the City of Bozeman, State of Montana, and by send- ing a copy of such notice by U.S. mail to each person, firm, or corporation having prop- erty within the proposed District at his or its last known address, upon the same day that such notice was first published as aforesaid; and due proof having been made of I the publication And service of such notice; and WHEREAS: Within the time provided by law and said published and served notice there were no protests against the proposed work and against the creation of said pro. posed Special Improvement District No. 359; and the City Commission was in regular session on the second day of November, 1949, 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 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 been lawful and regular; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF BOZEMAN: Section 1. That s8id Special Improvement District No. 359 of the City of Bozeman, State of Montana, be and the same is hereby created for the purpose of making the imp. rovements as in said Resolution of Intention No. 660, and hereinafter described. Section 2. That sqid special improvements be, and the same are, hereby ordered to I be made in said Special Improvement District No. 359, as follows: THE CONSTRUCTION AND INSTALLATION OF A S"~ITARY SEWER ON NORTH BLACK AVENUE BE- TV'iEEN COTTONWOOD AND TAMARACK STREETS IN SAID CITY. Section 3. That the entire cost and expense of making the special improvements herein referred to in said Special Improvement District No. 359 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 denomination of $100.00 Dollars each, and fractions thereof where necessary, to be issued and chargeable against a fund to be known as "Special Imp'" 157 rovement District No. 359 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 Imp- rovement D:1s trict No. 359 Fund; said bonds shall draw simple interest at a rate not to exceed six (6%,) per cent per annum. which shall be chargeable as a part of the cost of said improvements and shall run f rom the date of the registration of said bonds until I said bonds are paid. To pay said bonds. and the interest thereon, representing the cost of s8id improvement, a special assessment shall be levied against all of the lands with- in Special Improvement District No. 359 as in said Resolution of Intention No. 660 defin- ed, each lot or parcel of land within said District-to be assessed for the portion of the whole cost in the proportion that the front footage of each said lot or parcel of land bears to the front footage of the entire District. exclusive of streets. avenues, alleys or public places. 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. Sec tion 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. Sec tlon 6. Tha t pursuant to the provisions, and authority conferred by SubdIvision 2 of the Section 5250. Revised Codes of Montana. 1935. said bonds may be sold to the highest and best bidder therefor for cash, and the proceeds of such sale used in making pa ymen t to the Con tra c tor. or Contractors, for such work. and such payment may be made I either. from time to time, on estimates made by the engineer in charge of such improve- ments for the City. or upon the entire completion of the improvements and acceptance thereof by the City Commission. Sec tion 7. That the Clerk of the City Commission of the City of Bozeman. be, and he is hereby, directed to publish a notice inviting proposals for the furnishing of mat... erial and the doing of tl~e work and the making of said improvement in Special Improve- ment District No. 359, 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 news- paper printed and published in the City of Bozeman, not less than ten (10) days before the time such bids will be opened, which ahall be at a meeting of the City Commission to be held on Wednesday, the 30th day of November, 1949. at 1:00 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 second day of November. 1949. At te s t : (JJ~L A {~I' d~,~ . iayor I 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 No. 666 was published by title and number in the Bozeman Daily Chronicle, a daily newspaper of general circulation printed and published in said City in the issue of November 11th. 1949, and that due proof is on file in my office. IN WITNESS WHEREOF I hereunto set my hand and affix the seal of my office this 12th day of November. 1949. ~~~ Resolu tion No. 666 - Page 2 -.. ..