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HomeMy WebLinkAboutResolution 581 Creates SID No. 575 402 COMMISSION RESOLUTION NO. 581 A RESOLUT ION OF THE CO!viM IS.jION OF THE CI'l'Y OF BOZEMAN, MONTANA, CREA'rlNG A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AND DESIGNATED AS "SPECIAL IM- PROVEMENT DJ..STHlCT NUMBER 342" OF SAID CITY, PURSUANT TO COMMISSION RESO- LUTION NO. 575 OF' SAID CITY DEX;LARING THE INTENTION OF SAID CON,Iv',IS.sION TO CHEA TE SAID SP EC IAL IMPRO VEMENT D.L STRICT NO. 342 FOR THE USES AND PURPOSES SET FORTH AND DErrAILED IN SAID Cor;;MISSION RESOLUTION NO. 575 ON FILE IN THE OFFICE OF THE CLERK OF SAID CITY COMMISSION AND OPEN TO PUBLID INSPEC- TION. I 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 Cormnlssion duly passed and ad- opted Commission Resolution No. 575 declaring it to be the intention of said Commis- sion to create a special improvement district of said City to be known and designated as "Special Improvement District No. 342" for the purpose of installing an extension of the sanitary sewer from its terminus in the alley between Eleventh and Twelfth Avenues, said terminus being at Story Street, South to the East and West alley of Block 24 of the Glendale Rearrangement of a portion of the West Side Addition to Boz- eman, and thence West in said last-rnentioned alley a sufficient distance to serve the lots fronting on West College Street, approximately ninety (90) feet, and wi thin the boundaries of said proposed district as in said Resolution No. 575 specified and de- fined, and to specially assess the entire cost and expense of making said improvement against the property within said district, which said Commission Resolution No. 575 is hereby referred to and made a part hereof by such reference, for further particulars in respect to the boundaries of said proposed district, the method of assessing the real property within said district to defray the cost thereof and the terms, time and I conditions of payment of such assessments, and all other particulars, and WHEREAS, notice of the adoption of said Commission Resolution No. 575 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, having real property within the boundaries of said proposed Special Improvement Dis- trict No. 342 as said boundaries are defined in sald Commission Resolution No. 575, at his, her or its last known address, upon the same day that said notice was first published, a s aforesaid, and due proof of such publication and service by mail having been made; and WHEREAS, 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 extent thereof, the cost thereof, the manner of assessment to pay for the same, nor against any provision whatsoever of saId Commission Resolution No. 575; and sAid Commission being in regular session assem- bled 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 Boze- I man, that being the time when and the place where said Commission would consider such protests, if any, as stated in said published and served notice, and all of the pro- ceedings for, and preliminary to, the creation of said proposed Special Improvement District No. 342 having been done, observed and performed in due and regular form as by law required; now, therefore, BE IT RESOLVED BY THE COrM\;ISSION OF THE C lTY OF BOZEMAN: 403 Section 1. DISTRICT CREATED. That pursuant to said Resolution of Intention No. 575, 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. 342 of said City for the purpose of making the improvements in said Dis- trict as in said Resolution of Intention No. 575, and hereinafter, specified and I described. Section 2. CHARACTER OF IMP HO VEMENT. The character of the improvement to be made within said Special Improvement District No. 342 is the extension of the sanitary sewer from its present terminus in the alley between Eleventh and Twelfth Avenues at Story Street, South to the East and West alley of Block 24 of the Glendale Rearrange- ment of a portion of the West Side Addition to Bozeman, and thence West in said last- mentioned alley a sufficient distance to serve the lots fronting on West COllege Street, approximately ninety (90) feet. All within the boundaries of said Special Improvement District No. 342 hereby created. 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. 342 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 denominations of $100.00 each and fractions thereof where necessary, shall I 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. 342 FUnd"; 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 Legislative Assembly of The State of Montana, 1945. That the entire cost and expense of making saId improve- ment shall be defrayed by a special assessment against all of the real property within the boundaries of said Special Improvement District No. 342, on the area basis, each square foot of the total ares within the boundaries of said District, exclusive of streets, avenues, 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 entire cost. Section 4. PLANS AND SPEC IFICATIONS. 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 ADVERTISE F'OR BIDS. That the ClerIc of the City Commission be, and he is hereby directed to publish a notice in the manner and form, and for the I time, as by law required, inviting proposals for furnishing the necessary material and the installation of said improvement in said ,Special Improvement District No. 342, re- ferring 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 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 28th day of August, 1946, at the hour of one Resolution No. 581 404 o'clock P.M. of said day, at the Commission Room in the City Hall Building, Bozeman, Montana. Passed and adopted by the C01mnission of The City of Bozeman in regular session assembled this 26th day of July, 1946. /~MaYor. I ATTEST: dJ~ Cler of the City Commission. State of Montana ) ) 55 County of Gallatin ) I, L. G. Shadoan, Clerk of the Commission of The City of Bozeman do hereby cer- tify that the foregoing Resolution No. 581 was published by title and number in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in sald City in the issue of July 30th, 1946, and that due proof 1s on file in my office. IN WITNESS 'NHEREOF I hereunto set my hand and affix the seal of my office this 31st day of July, 1946. ~ - 1 r . 0 the Commission. I I Resolution No. 581 ~" ._..n -- -- - -