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HomeMy WebLinkAboutResolution 580 Creates SID No. 341 .. :3~}!" COM~lSSION RESOLUTION NO. 580 A TIE.50LUTION OF THE COM!'hISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A SPEX:; lAL IMPROVa~ENT DiSTRICT TO BE KNOWN AND DESIGN- ATED AS "SPECIAL IMPROVB/,ENT D.LSTRICT NUMBER 341" OF SAID CITY PURSUANT TO COMM.LSSION RESOLUTION NO. 574 OF SAID CITY DECLAR- ING THE INTENTION OF SAID COIvu~a5.s10N TO CREATE SAID SPECIAL IM- PROVEMENT DISTRICT NO. 341 FOR THE USES AND PUB.POSES SET FOHTH AND DETAILED IN SAID CO!\ll\:ISSION RESOLUTION NO. 574 ON FILE IN I THE OFFICE OF THE CLERK OF SAID CITY COMMISSION AND OPEN" TO PUB- LIC INSPECTION. Whereas at a regular session of the Commission of The City of Bozeman, State of Montana, held on the 21st day of June, 1946, the said COIT~ission duly passed and adopted Commission Resolution No. 574 declaring it to be the intention of said Commission to create a special improvement district of said City to be known and designated as Spec- ial Improvement District No. 341 for the purpose of installing sanitary sewers and water mains in and along certain streets and avenues as specified in said Resolution of Inten- tion No. 574 and within the boundaries of said district as therein specified and describ- ed, and to specially assess the entire cost and expense of making said improvement against the property within said district, which said Commission Resolution No. 574 is hereby re- ferred to and made a part hereof by such reference, for further particulars in respect to the boundaries of s aid district, the estimated cost of mid improvement and the method of assessing the real property within said district to defray the cost thereof and the terms, time and conditions of payment of such assessments, and all other particulars, and WHEREAS, notice of the adoption of said Resolution No. 574 was duly published as I required by law and by sending a copy of such notice by United States Mail, postage pre- paid, to each person, firm or corporation, and any and all others, having real property within the boundaries of mid proposed Special Improvement District No. 341 as s aid bound- aries are defined in said Commission Resolution No. 574, a t hi s , her or its last known address, upon the same day that said notice WAS first published, as aforesaid; and due proof having been made of such publication and service; end vVUEREAS, within the time provided by law and in said published and served notice there were no protests made nor filed against the creation of said special improvement district as proposed, nor at all, nor against the creation and extent of s aid proposed special improvement district, the cost of said improvement nor the manner of assessment to pay for the same, nor against any provision of sald Commission Resolution No. 574; and the City Corr~ission being in regular session assembled on the 21st day of June, 1946 at the hour of 7:30 o'clock P.M. of said day in the Commission Room of said Commission in the City Hall building in said The City of Bozeman, that being the time when and the place wher~ the said Commission would consider such protests, if any, as stated in said published and served notice, and all of the proceedings for, and preliminary to, the I creation of said proposed Special lmprovement District No. 341 have been done, observed and performed in due and regular form and as by law required; now, therefore, BE IT RESOLVED BY THE COMr.nSSION OF THE CITY O:B' BOZEMAN: Section 1. District Created. That pursuant to said Resolution of Intention No. 574, as referred to in the preamble hereto, there is hereby created a special improve- ment district of The City of Bozeman, to be known and designated as Special Improvement District No. 341 of said City for the purpose of making the improvements in said District as in said Resolution of Intention No. 574, and hereinafter specified and described. --- 400 Section 2. Character of Improvement. The character of the improvement to be made within said Special Improvement District No. 341 is the installation of sanit- ary sewers and water mains in Willson Avenue, South, from Grant Street to Lincoln Street; in Grand Avenue, South, from Grant Street to Lincoln Street; in Third Avenue, South, from Garfield Street to Lincoln Street; in Fourth Avenue, Sou th, from Grant Street to Lincoln Street; and in Fifth Avenue, South, from Hayes Street to Lincoln I Street. All within tIle boundaries of said Special Improvement District No. 341. Section 3. Payment of Cost. That the cost of making said improvement as final- ly determined shall be paid in cash from the sale of bonds of said Special Improve- ment District No. 341 in accordance with the provisions of Section 5250, Revised 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 de- nominations of $100.00 each and fractions thereof where necessary, shall bear interest at a rate not exceeding six (6%) per cent per annum, payable annually, and be paid from a fund to be known and designated as "Special Improvement District No. 341 Fund'" , all in accordance of Section 5249 Revised Codes of Montana 1935 as amended by the pro- visions of Chapter 177 of the Laws of the 29th Legislative Assembly of The State of Mon tana, 1945. That the entire cost and expense of making said improvement shall be , defrayed by a special assessment against all of the property within the boundaries of said Special Improvement District No. 341, on the area basis, each square foot of the total area within the boundaries of said District, exclusive of streets, avenue 5, alI- I eys and public places, to be so assessed, and each separate lot or parcel of land there- in to be assessed for its proportionate share of the total cos t. Section 4. Plans and Specifications. That the City Engineer be, and he is here- by directed to prepare plans and specifications for the doing of said work and the making of said improvement. Section 5. Clerk to Advise for 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 pro- vided, inviting proposals for furnishing the necessary material and the installation of said improvement in said Special Improvement District No. 341, referring to the plans and specifications on file, by publishing the same in two (2) issues of Bozeman ... Daily Chronicle, a newspaper of general circulation published and printed in The City of Boz eman, 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 Conmlssion to be held on the 28th day of August, 1946, at the hour of 1 o'clock P.M. of said day, at the Commission Room in the City Hall BUilding, Bozeman, Montana. Passed and adopted by the Commission of The City of Bozeman in regular session I assembled, this 26th day of July, 1946. layor. ATTEST: ~M~ Clerk of the City Commission. Resohltion No. 580 --.----- 4tlt State of Montana ) ) S8 County of Gallatin ) 1, L. G. Shadoan, Clerk of the Commission of The City of Bozeman do hereby certi- fy that the foregoing Resolution No. 580 was published by title and number in the Boze- I man Daily Chronicle, a newspaper of general circulAtion printed and published in said City in the issue of July 30th, 1946, and thAt due proof is on file in my office. INi'HTKESS 'UHEHEOF' I hereunto set my hand and affix the seal of my office this 31st day of JUly, 1946. JJ~ Clerk of the Commission. I I . Resolution No. 580