Loading...
HomeMy WebLinkAboutResolution 567 Creates SID No. 339 .... ..._._....._.._..._._____._..u__.__ 862 ~~\ \,0. ~ to ~"(~\::;"';"'/l."/ COMMISSION RESOLUTION NO. 567 '3-1' I /"ifl./" 1:::1 J..,.... A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREAT- / .,/ ING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AND DESI GNA TED AS "SPEC- ,.,/-' IAL IMPROVEMENT DISTRICT NUMBER 339" OF SAID CITY, FOR THE PURPOSE OF INSTALLING A SANITARY SEWER IN SAID DISTRICT IN THE ALLEY BETWEEN TENTH AND ELEVENTH AVENUES, SOUTH, AND TO SPECIALLY ASSESS THE ENTIRE COST AND EXPENSE OF SUCH INSTALLATION AND CONSTRUCTION AGAINST THE PROPERTY WITHIN THE BOUNDARIES OF SAID SPECIAL IMPROVEMENT DISTRICT, PURSUANT TO THE PRO- VISIONS OF COMMISSION RESOLUTION NUMBER 563, ADOPTED OCTOBER 12, 1945, I DECLARING IT TO BE THE INTENTION OF SAID CITY COMMISSION TO CREATE SAID SPT<:CIAL IMPROVEMENT DISTRICT NUMBER 339. WHEREAS: At a regular session of the City Commission of The City of Bozeman, Montana, held on the i2th day of October, 1945, said Commission duly passed and adopted Commission Resolution No. 563 declaring it to be the intention of said Commis- sion to create a special improvement district to be known and designated as "Special Improvement District Number 339" of said City for the purpose of installing a sanit- ary sewer in and along the alley between Tenth and Eleventh Avenues, ~outh, and with- in the boundaries of said Special Improvement District No. 339 as defined in said Resolution of Intention No. 563 and to specially assess the entire cost and expense of making said improvement against the property within said District when created, under and by virtue of the provisions of Sections 5225 to 5277, both numbers included, Revised Codes of Montana 1935 and any amendments thereof or thereto, which said Commis- sion Resolution No. 563 is hereby referred and made a part hereof by such reference, for further particulars in respect to the boundaries of said Special Improvement District No. 339, the estimated cost of said improvement and the method of assessing the property within the boundaries of said District to defray the cost and expense I thereof; and WHEREA S : Notice of the passage and adoption of said Commission Resolution No. 563 was duly published as required by law and notice thereof duly mailed by United States mail, postage prepaid, to each person, firm or corporation having property within the proposed district, at his or its last known address upon the same day that said notice was first published; and due proof having been made of such publication and service; and WHEREAS: Within the time allowed by law and said ~lblished and served notice there were no protests made nor filed against the creation of said special improve- ment district as proposed, or at all, nor against the creation and extent of the same, nor against any of the provisions of said Resolution of Intention No. 563, and the City Conm1ission being in regular session a ssembled on the 2nd day of November, 1945, at the hour of 7:30 otclock P. M. of said day, in the Commission Room of said City Commission in the City Hall building of said City of Bozeman, that being the time when and the place where, as stated in said published and served notice, the said Commission would consider and pass upon such protests; and it further appearing that I all of the proceedings for, and preliminary to, the creation of said Special Improve- ment District No. 339 have been done and performed in due and regular form as by law prescribed, now, therefore, BE IT RESOLVED BY THE COrfMISSION OF THE CITY OF BOZEMAN: Section 1. DISTHICT CREATED. That said Special Improvement District Number 339 of The City of Bozeman, State of Montana, be and the same is hereby created for the B6:3 purpose of making in said district the improvement, the installation of a sanitary sewer, as in said Resolution of Intention No. 563, and hereinafter, described. Sec tion 2. CHARACTER OF IMPROVE~ffiNT. The character of the improvement to be made within said Special Improvement District No. 339 is the construction and installa- I tion of a sanitary sewer in the alley between Tenth and Eleventh Avenues, ;jouth, from the existing manhole in West Koch Street South in said alley a sufficient distance to serve all of the property located between said Tenth and Eleventh Avenues, Sou th, and between Koch Street and College Street, all within the.boundaries of said Special Im- provement District No. 339 as specified and defined in said Resolution of Intention No. 563. Section 3. PAYMENT OF COST. The cost of making said improvement as finally determined shall be paid in cash from the proceeds of the sale of bonds of said Spec. ial Improvement District No. 339, 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 of $100.00 where necessary, shall bear interest at a rate not exceeding six percent (6%), payable annually, and paid from a fund to be known and designated as "Special Improvement District No. 339 Fund; all in accordance with the provisions of Chapter 177 of the Laws of the 29th Legislative Assembly of The State of Montana, 1945. The entire cost of making said I improvement shall be defrayed by a special assessment against all of the property within the boundaries of said Special Improvement District No. 339 which has a front- age on the alley between Tenth and Eleventh Avenues, ;,j ou th, each linear foot of such frontage to be assessed for its proportionate share of such total cost. 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 ADVERTISE 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 provided, inviting proposals for furnishing the necessary material and the doing of the work of installing said improvement, a sanitary sewer, referring to the plans and specifications on file, by publishing such notice in Bozeman Daily Chronicle, a newspaper of general circulation printed and published in The City of Bozeman, which notice shall reserve to the City Commission the right to reject any and all bids made in response to such notice, and stating that such bids will be opened and considered at the regular meeting of the CityComrnission to be held on I the day of 1946, at the hour of 7:30 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 assembled this 9th day of November, 1945. Ma yor . ATTEST: ~~pr:~ C er 0 e City Commission. Resolution No. 567 364 S ta te of Mon tan a ) ) ss County of Gallatin ) I, L. G. Shadoan, Clerk of the Commission of The City of Bozeman, do hereby certify that the foregoing Resolution 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 November 11th, 1945, and that due proof is on file in 1 my office. IN WIT1TESS WHEREOF I hereunto set my hand and affix the seal of my office this 12th day of November, 1945. ~.fx~n. I -I Resolution No. 567