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HomeMy WebLinkAboutResolution 622 Creates SID No. 347 18 COMMISSION RESOLUTION NO. 622 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AND DESIGNATED AS "SPECIAL IMPROVEMENT DISTRICT NUMBER 347" OF SAID CITY, PURSUANT TO COMMISSION RESOLUTION NO. 621 OF SAID CITY DECLARING THE INTENTION OF SAID COMMISSION TO CREATE SAID SPECIAL IMPROVEMENT DISTRICT NO. 347 FOR THE USES AND PURPOSES SET FORTH AND DETAILED IN SAID COMM- ISSION RESOLUTION NO. 621 ON FILE IN THE OFFICE OF THE CLERK OF SAID CITY COMM- ISSION AND OPEN TO PUBLIC INSPECTION. WHEREAS, at a regular session of the Commission of the City of Bozeman, State of I Montana, held on the 28th day of April, 1948, the said Commission duly passed and ad- opted Commission Resolution No. 621 declaring it to be the intention of said Commission to create a special improvement district of said City to be known and designated as "Special Improvement District No. 347" for the purpose of constructing and installing water mains in North Fourth Avenue and North Fifth Avenue from Villard Street to Durston Road, in Villard Street from Fourth Avenue to Fifth Avenue and in Durston Road from Third Avenue to Fifth Avenue and within the boundaries of said proposed district as in said Resolution No. 621 specified and defined, and to specially assess the entire cost and expense of making said improvement against the property within the boundarles of said district, which said Resolution No. 621 is hereby referred to and made a part here- of by such reference, for further particulars in respect to the boundaries of said proposed district, the method of assessing the real property wi thin said dis trict to defray the cost thereof and the terms, time and condition of payment of such assessments, and all other particulars, and WHEREAS, notice of the adoption of said Commission Resolution No. 621 was duly pub- lished as required by law and by sending a copy of such notice by United states Mail, I postage prepaid, to each person, firm or corporation, and any and all others having real property wfthln the boundaries of said proposed Special Improvement District No. 347 as said boundaries are defined in said Commission Resolution No. 621, at his, her or its last known address, upon the same day that said notice was first published, as aforesaid, and due proof of such publication and service by mail having been made; and WHEREAS, at the time and place provided for in Resolution of Intention No. 621 for the hearing and passing upon of protests against said proposed improvements and the creation of said proposed Special Improvement District No. 347, or either, or both, There was one written protest only presented, which protest represented 10.72 per cent of the total front footage of all the land in the boundaries of the said proposed Special Improvement District No. 347 as such total front footage is set forth in Section 5 of Commission Resolution No. 621, against the proposed improve- ments or the creation of said proposed Special Improvement District No. 347; and that at said time and place the City Commission of The City of Bozeman, in regular session, then and there did consider said written protest; and thereafter and at the same meeting said hearing and oonsideration not being concluded, the City Commission, by motion duly I made, seconded and adopted, and entered upon the minutes of said meeting duly adjourned said hearing until its next regular meeting on Wednesday, the 2nd day of June, 1948, at 1:00 o'clock P.M., and at said last mentioned time and place the said City Comm- ission further considered the written protest so made, as aforesaid, and by motion duly made, seconded and adopted, and entered upon the minutes of said meeting did find . -- 19' and declare the protest to the creation of said propose.d. Improvementsor the creation of said proposed Special Improvement District No. 347 to be insufficient both in fact and in law; and it further appearing that all of the proceedings for the creation of said District have been lawful and regular; now, therefore, I BE IT RESOLVED BY THE COMMISSION OF THE CITY OF BOZEMAN: Section 1 Creation of District That pursuant to said Resolution of Intention No. 621, as referred to in the pre- amble hereto, there is hereby created a special improvement district of The City of Bozeman to be known and designated as Special Improvement District No. 347 of said City for the purpose of making the improvements in said District as in said Reso- lution of Intention No. 621, and hereinafter, specified and described. Section 2 Improvements Ordered That said special improvements be, and the same are hereby, ordered to be made in said Special Improvement District No. 347 of The city of Bozeman as said District is defined and bounded in said Commission Resolution No. 621 declaring the intention to create said District. Section 3 Character of Improvement The character of the improvement to be made within said Special Improvement District No. 347 is the construction of six inch water mains on North Fourth Avenue I and North Fifth Avenue from Villard Street to Durston Road, on Villard Street from Fourth Avenue to Fifth Avenue and on Durston Road from Third Avenue to Fifth Avenue. Section 4 Payment of Cost That the entire cost and expense of making the special improvements herein referred to in said Special Improvement District No. 347, shall be paid in cash from the sale of bonds of said Special Improvement District No. 347, as authorized by the laws of the State of Montana and amendments thereto. SUoh bonds shall be issued in denominations of One Hundred ($100.00) Dollars eaoh, and fractions there- of where necessary, to be issued and chargeable against a fund to be known as "Special Improvement District No. 347 Fund" of the City of Bozeman; said bonds will be redeem- able at the option of the City, singly or in multiples, and in order of their regis- tration, whenever funds are available in said Special Improvement District No. 347 Fund; said bonds shall draw simple interest not to exceed six (6%) per cent per annum, payable annually, which interest shall be charged as a part of the cost of said im- provements and shall run from the date of the registration of any such bond or bonds I until paid. To pay said bonds, and the interest thereon, representing the cost of said improvement, a special assessment shall be levied against all of the lands with- in the boundaries of said Special Improvement Distriot No. 347, as in Commission Resolution No. 621 defined, on a front foot basis, each front foot of said land to be assessed for its proportionate share of its entire cost as finally determined. Section 5 Plans and Specifications That the City Engineer be, and he is hereby directed to prepare plans and speci- fications for the doing of said work and the making of said improvement. Commission Resolution No. 622 Page 2 -- 20 Section 6 Call for Bids That the Clerk of the City Commission be, and he is hereby, directed to publish a notice in the manner and form, and for the time, as by law required, inviting proposals for furnishing the necessary material and the installation of said improvement in said Special Improvement District No. 347, referring to the plans and specifications on file, I by publishing the same in two (2) issues of the Bozeman Daily Chronicle, a newspaper of general circulation published and printed in The City of Bozeman, not less than ten (10) days before bids will be opened and considered by the City Commission, which shall be at a regular meeting of said Commission to be held on Wednesday, the 23rd day of June, 1948, at the hour of 1:00 o'clock p.m. of said day, at the Commission Room in the City Hall Building, Bozeman, Montana. Passed a.nd adopted by the Commission of The C1 ty of Bozeman in regular session assembled, this 2nd darot June, 1948. Attest: @JA/) (, fJ,wU ;" ,'" ,i Cl: rtlf~ 'Ma yor C rot e C ty Commission State of Montana ) ) ss County of Gallatin) I, L. G. Shadoan, Clerk ot the Commission of the City of Bozeman, do hereby certify I that the foregoing Resolution No. 622 was published by title and number in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City, in the issue of June 3rd, 1948, 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 4th day of June, 1948. ~:.f~s1on . I Resolution No. 622 - Page 3