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HomeMy WebLinkAboutResolution 657 Creates SID No. 358 130 COMMISSION RESOLUTION NO. 657 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN CREATING A SPECIAL IMP- ROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 358 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING A STORM SEWER IN TIm FIRST ALLEY SOUTH OF EAST MAIN STREET BETWEEN SOUTH BOZEMAN AVENUE AND SOUTH TRACY AVENUE IN SAID CITY. WHEREAS: At a regular session of the Commission of the City of Bozeman, State of Montana, held on the 17th day of August, 1949, the said Commission duly passed Commission I Resolution No. 654 declaring it to be the intention of said Commission to create a special improvement district to be known and designated as Special Improvement Dlstrlct No. 358 of said City for the purpose of constructing and installing a storm sewer in the first alley south of East Main Street between South Bozeman Avenue and South Tracy AVenue in said City, 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. 654 is hereby referred to and made a part hereof for .f'urther particulars in respect to the boundaries of said Special Improvement District No. 358, the estimated cost of said improve- ment and themethof of assessing the same against the property of the District; and WHEREAS: Notice of the passage of said Commission Resolution No. 654 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 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 day that such notice was first published as aforesaid; and due proof having been made of the ~lblic- I ation 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 proposed Special Improvement District No. 358; and the City Commission was in regular session on the 7th day of September, 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 soid District, or both, or either,; and it further appearing that all of the proceedings f6r the creation of said District have been lawful and regular; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF BOZEMAN: See tion 1. That said Special Improvement District No. 358 of the City of Bozeman, Sm te of Montana, be and the same is hereby created for the purpose of making the improve- ments as in said Resolution of Intention No. 654, and hereinafter described. See tion 2. That said special improvements be, and the same are, hereby ordered to be made in Baid Special Improvement District No. 358, as follows: I THE CONSTRUCTION AND INSTALLATION OF A STORM SEWER IN THE FIRST ALLEY SOUTH OF EAST MAIN STREET BETWEEN SOUTH BOZEMAN A VENUE AND SOUTH TRACY A VENUE IN SAID CITY. Section 3. That the entire cost and expense of making the special improvements here- in referred to in said Special Improvement Distriot No. 358 shall be paid by Special Imp- rovement District Coupon Bonds, as authorized by the laws of the State of Montana, which bonds shall be in the denomination of One Hundred ($IOO.OO) Dollars each, and fractions thereof where neoessary, to be issued and chargeable against a fund to be known as ttSpecial Improvement District No. 358 Fi.1nd,tt said bonds to be redeemable at the option of the City 131 of Bozeman, Montana, whenever funds are available for that purpose from said Special Imp- rovement District No. 358 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 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 I of said improvement, a special assessment shall be levied against all of the lands with- in Special Improvement District No. 358, as in said Resolution of Intention No. 654 def- ined, 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 atreets, avenues, alleys or public places. Section 4. Said assessment and taxes shall be payable in five (5) annual install- ments extending over a period of four (4) years, with interest on deferred payments; but this provision shall not be construed to prevent full payment a t any time. Section 5. That the City Engineer be, and he is hereby, directed to prepare plans and specifica t10ns for the doing of said work and the making of said improvements. Section 6. That ~lrsuant to the provisions, and authority conferred by Subdivision 2 of 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 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, I or upon the entire completion of the improvements and the acceptance thereof by the City Commission. That the Clerk of the City Commission of the City of Bozeman, be, and he Section 7. is hereby, directed to publish a notice inviting proposals for the furnishing of material and the doing of the work and the making of said improvement in said Special Improvement District No. 358, 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 ffilCh bids will be opened, which shall be at ~ meeting of the City Commission to be held on Wednesday, the 28th day of September, 1949, at one o'clock P.M. of said day. Passed and adopted by the Commission of the City of Bozeman at a regular session there- of held on the fourteenth day of September, 1949. A~t4~ (! ~ I o-u AAAJJ!711 / Mayor . C. erk 0 the City Commission State of Montana ) ) as I County of Gallatin) I, L. G. Shadoan, Clerk of the Commission of the City of Bozeman, do hereby certify that the f0regoing Resolution No. 657 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 September 16, 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 17th day of September, 1949. ~~ ark of the City Commission Resolution No. 657 - Page 2