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HomeMy WebLinkAboutResolution 589 Creates SID No. 344 - 42f) COMIVrIS.sION HE.sOLU1'lON NO. 589 A RESOLUTION OF THE COMMl.5i.:ilON 01< 'TIn',; C lTY OF BOZEMAN, MONTANA, CH.EAT lNG SPEC1AL IMP H.OVEld:.N'l' D1STHlc'r NO. 344, PURSUANT TO THE PH.OV1SIONS OF COMMIS- .dION RESOLUT lON NO. 587 DECLAHING ITS INTENT ION TO DO SO. ViHEREAS, at a regular session of the Commission of The City of Bozeman held on the 4th day of September, 1946, the said City Commission duly passed and adopted Com- mission Resolution No. 587 declaring it to be the intention of snid Conmission to I create a Special Improvement District of said City to be known and designated as Special Improvement District No. 344 for the uses and purposes as in s aid Resolution of Intention specifically and particularly stated and set forth and which said Resolu- tion of Intention on file in the office of the Clerk of said City Commission is hereby referred to for such specifications and particulars, and to specially assess the prop- erty within the boundaries of such Special Improvement District No. 344 on the area basis for the cost of the improvement to be made in said Special Improvement District No. 344, and which Resolution of Intention No. 587, 80 on file as aforesaid is hereby referred to for further particulars in respect to the bormdaries of said proposed Spec- ial Improvement District No. 344, the e stlma ted cos t of said improvement and the terms, time and conditions of payment of such assessments, and all other particulars with re- ference to s aid Special Improvement District No. 344; and WHEREtI.S, notice of the adoption of said Resolution of Intention No. 587 was duly published as required by law, and by sending a copy of such notice by United states mail, postage prepaid, to each person, firm or corporation, and any and all others I having real property within the boundaries of sald proposed Special Improvement Dis- trict No. 344 as said boundaries are defined in said Commission Resolution of Inten- tion No. 587 at his, her or its last known address upon the same day that said notice was first so published, as aforesaid; and due proof having been made of such publica- tion and service; and 'NHEHEAS, within the time provided by law and said published and served notice there were no protests filed or made against the creation of said proposed Special Improvement Di stric t No. 344; or if filed or made were by the said City COD1mission found insufficient in law and in fact, nor against the cost of the improvement so to be made or the method of assessment to pay such cost, nor against any provision of sRid Commission Resolution No. 587, being the Resolution of Intention aforesaid; and the City Commission being in regular session assembled on the 3rd day of October, 1946, at the hour of one o'clock P.M. of said day, in the Commission Room of said City Commission in the City Hall building in the said The City of Bozeman, that being the time and the place where said City Commission would consider and pass upon such protests, if any, as stated in said published and served notice; and all of the I proceedings for, and preliminary to, the creation of said proposed Special Improve- ment District No. 344 having been done, observed and performed in due and regular form as by law required; now, therefore, BE IT HE:::DLVED BY THE COMMISSION OF THE C lTY OF BOZEMAN: Section 1. DISTRICT CREATED. Tha t pur su~m t to said Resolution of Intention No. 587 as referred to in the preamble hereto, there is hereby created a Special ...___n'." ._.__ -. . 42'7 Improvement District of The City of Bozeman, to be known and designated as Special Improvement District No. 344 of said City, for the purpose of making the improvements in said District as in s~ld Resolution of Intention No. 587, and hereinafter, specified and described. Section 2. CHARACTER OF IMPROVBViENT. The character of the improvement to be made I in said Special Improvement District No. 344 hereby created is: The construction and installation of six inch water mains on West Koch Street from 13th Avenue to 15th Avenue, and on 12 th, 13th and 14th Avenues from Koch Street to College Street, and four inch water mains on 15th Avenue from Koch Street to College Street, and on West College Street from 11th Avenue to 15th Avenue. Section 3. PAYMENT OF COST. That the cost of making said improvement as such cost is finally determined, shall be paid in cash from the sale of bonds of said Spec- ial Improvement District No. 344 in accordmlce with the provisions of Section 5250, He- vised Codes of Montana 1935, as amended by the provisions of Chapter 178 of the Laws of the 29th Legislative Assembly of The State of Montana, 1945. Such bonds shall be issued in denominations of $100.00 each, and fractions of $100.00 where necessary, shall bear interest at a rate not e~ceeding si~ percent (6%) per annum, payable Rnnually, and be paid, principal and interest, from a fund to be known and designated as "Special Im- provement District No. 344 Fund II ; all in accordance with Section 5249 Revised Codes of Montana 1935 as amended by the provisions of Chapter 177 of the Laws of the 29th Legis- lative Assembly of The state of Montana, 1945. That the entire cost and expense of I making soid improvement shall be defrayed by a special assessment against all of the real property within the boundaries of said Special Improvement District No. 344, on the area basis, each square foot of the total area within such boundaries, exclusive of streets, avenue s, alleys and public places, to be so assessed, and each separate lot, piece or parcel of land therein to be assessed for its proportionate share of the total cost. Section 4. PLANS AND SPECIFICATIONS. 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 improvement. Section 5. CLERK 1'0 ADVERTISE li10R BIDS. That the Clerk of the City Commission be, and he is hereby directed to publish a notice in the manner and form as by law provided, inviting proposals for furnishing the necessary material and the installation of said improvement in said Special Improvement District No. 344, referring to the plans and specifications on file, by publishing said notice in two (2) issues of the Bozeman Daily Chronicle, a newspaper of general circula tion published and printed in The City I 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 30th day of October, 1946, at the hour of one o'clock P.M. of said day, at the Commission Room in the City Hall building, Boz eman, Montana. Resolution No. 589 --. ..-.... 428 Passed and adopted by the Commission of The City of Bozeman in regular session assembled this 2nd day of October, 1946. Mayo r . ATTEST: ,;(!J~ I Clerk of the City Commission. state of Montana ) ) S8 County of Gallatin) 1, L. G. Shadoan, Clerk of the Commission of file City of Bozeman do hereby certi- fy that the foregoing Resolution No. 589 was published by title and number in the Boze- man Daily Chronicle, a newspaper of general circulation printed andpubllshed in said 'City in the issue of October 3rd, 1946, and that due proof is on file in my office. IN W ITNESS vVHEREOF 1 hereunto set my hand and affix the seal of my office this 4th day of October, 1946. ~4 -- Clerk of the City Commission. I I Resolution No. 589