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HomeMy WebLinkAboutResolution 648 Creates SID No. 357 -.-.. 106 COMMISSION RESOLUTION NO. 648 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 357 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING A SANITARY SEWER ON WEST BEALL STREET BETWEEN THIRD AVENUE AND FIFTH AVENUE IN SAID CITY. WHEREAS: At a regular session of the Commission of The City of Bozeman, State of Montana, held on the 11th day of May, 1949, the said Commission duly passed Commission Resolution No. 645 declaring it to be the intention of said Commission to create a I special improvement district to be known and designated as Special Improvement District No. 357 of said City for the purpose of constructing and installing a sanitary sewer on West Beall Street between Third Avenue and Fifth Avenue in said City, and to specially assess the entire cost and e.xpense of making said improvement against the property wi thin said District under and by virtue of the provisions of the Laws of the Sta te of Montana, in such case made and provided, and said Commission Resolution No. 645 is here- by referred to and made a part hereof for further partic~lars in respect to the boundaries of said Special Improvement District No. 357, 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. 645 was duly pub- lished, as required by law, in the Bozeman Daily Chroniole, 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 known address, upon the same day that such notice was first published as aforesaid; and due proof having been made of the publication and service of said notice; and I 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. 357; and the City Commission was in regular session on the first day of June, 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 Notioe 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 said Special Improvement District No. 357 of The City of Bozeman, Sta te of Montana, be and the same is hereby crea ted for the purpose of making the imp- rovements as in said Resolution of Intention No. 645, and hereinafter described. Section 2. That said special improvements be, and the same are, hereby ordered to be made in said Special Improvement District No. 357, as follows: THE CONSTRUCTION AND INSTALLATION OF A SANITARY SEWER ON WEST BEALL STREET BETWEEN I THIRD A VENUE AND FIFTH AVENUE IN SA ID CITY. Section 3. That the entire cost and expense of making the special improvements herein referred to in said Special Improvement District No. 357 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 ($IOO.OO) Dollars each, and fractions thereof where necessary, to be issued and chargeable against a fund to be known as "Special Improvement District No. 357 Fund", said bonds to be redeemable at the 107 option of The City of Bozeman, Montana, whenever funds are available for that purpose from said Special Improvement District No. 357 Fund; said bonds shall draw simple interest at a rate not to exceed six (6%) Der 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 bonde until said bonds are paid. To pay said bonds, and the interest thereon, representing I the cost of said improvement, a special assessment shall be levied against all of the lands within Special Improvement District No. 357 as in said Resolution of Intention No. 645 defined, 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 installments 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, 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. Section 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 material and the doing of the work and the making of said improvement in said Special Improvement District No. 357, 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, which shall be at a meeting of the City Commission to be held on Wednesday, the 29th day of June, 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 8th day of June, 1949. At te s t : ~4~~ (! ~ ftJ-+A-"AAUN/I/ Clerk 0 the ity Commission Me yor Sta te of Montana ) ss I ) County of Galla tin) I, L. G. Shadoan, Clerk of the Commission of the City of Bozeman, do hereby certify that the foregoing Commission Resolution No. 648 was published by title and number in the Bozeman Daily Chronicle, a daily newspaper of general circulation in said City, in th e issue of June 10th,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 11th day of June, 1949. ~~~ Resolutlop No. 648 - Page 2