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Home My WebLink AboutResolution 568 Creates SID No. 340 - " ..". ,.. t)h~J COMMISSION RESOLUTION NO. 568 "1:'/)0 11/ 1)(1 ({ollfJlt.rt A RESOLUTION OF THE CO~~ISSION OF THE CITY OF BOZEMAN,MONTANA, "" /' C.ko!t ...<-~~ F CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AND DESIG- ..... ~....~~% ...... ....,- NATED AS "SPECIAL Il\~PROVENrF~NT DISTRICT NO. 340ft OF SAID CITY, .....y ( . "'" "'<? FOR THE PTffiPOSE OF INSTALLING A SANITARY SEWER IN FIFTH AVENUE, ~ NORTH, IN SAID CITY, PlffiSUANT TO THE PROVISIONS OF COMMISSION RESOLUTION NO. 564, WHICH DECLARES THE INTENTION OF Tfill CITY COMMISSION TO CREATE SAID SPECIAL IMPROVElffiNT DISTRICT NUMBER 340 AND TO SPECIALLY ASSESS THE ENTIRE COST AND EXPENSE OF IN- I STALLING SUCH SEWER AGAINST THE PROPERTY WITHIN THE BOUNDARIES OF SAID SPECIAL IMPROVEMENT DISTRICT NO. 340 AS SUCH BOUNDAR- IES ARE DEFI},TED IN SAID CITY CmlTlJfrSSION RESOLUTION NO. 564. WHEREAS: At a regular session of the City Commission of The City of Bozeman, Montana, held on the 12th day of October, 1945, said Commission duly passed and adopted Commission Resolution No. 564 declaring it to be the intention of said Commission to create a special improvement district to be known and designated as "Special Improvement District Number 340ft of said City, for the purpose of installing a sanitary sewer in Fifth Avenue, North, from the present sewer in Peach street, South a sufficient distance to serve all property fronting on F'ifth Avenue, North, South of Peach street and North of a line parallel with and fifty feet South of the South line of West Beall Street and within the boundaries of said Special Improvement District No. 340 as defined in said Resolution of Intention No. 564, and to specially assess the entire cost and expense of making such 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, 'Nhich said Commis- sion Resolution No. 564 is hereby referred to for further particulars as the boundar- I ies of said Special Improvement District No. 340, 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 thereof, and WHEREAS: Notice of the passage and adoption of said Commission Resolution No. 564 was duly published as reouired by law and notice thereof duly sent by United States mail, pos tage 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 published and served notice there were no protests made nor filed against the creation of said special improvement district as proposed, or at all, nor against the extent or creation of the same, nor against any of the provisions of said Resolution of Intention No. 564, and the City Commission being in regular session on the 2nd day of November, 1945, at the hour of 7:30 o'clock P.M. of said day, in the Commission Room of the 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 publish- I ed and served notice, the said Commission would consider and pass upon such protests; and it further appearing that all of the proceedings for, and preliminary to, the creation of said Special Improvement District No. 340 have been aone and performed in due and regular form as by law prescr!.bed, now, therefore, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF BOZEMAN: See tion 1. DISTRICT CREATED. That the said Special Improvement District No. 340 of The City of Bozeman, State of Montana, be and the same is hereby created for the ..--. -.---- a6G purpose of making in said district the improvement, the installation of a sanitary sewer, as in said Resolution of Intention No. 564, and hereinafter, described. Section 2. CHARACTER OF IMPROVEMENT. The character of the improvement to be made within said Special Improvement District No. 340 is the installation of a sanit~ ary sewer in Fifth Avenue, North, in said City and District, from the present sewer in Peach Street, South a sufficient distance to serve all property fronting or abutt~ I ing on said Fifth Avenue, North, Sou th of Peach Street and North of a line parallel with and fifty feet South of the South line of West Beall ~treet, all wi thin the boundaries of said Special Improvement District No. 340 as specified and defined in said Resolution of Intention No. 564. See tion 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. 340, 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. 340 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 improvement shall be defrayed by a special assessment against all of the property within the boundaries of said Special Improvement District No. 340 which fronts, or .1 s bu ts , on said Fifth Avenue, North, South of Peach Street and North of a line parall- el with and fifty feet South of the South line of West Beall Street, 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 1s 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, referr- ing to the plans and specifications on file, by publishing such notice in the 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 City Commission to be held on I , the day of , 1946, at the hours of 7:30 o'clock P. M. of said day, at the Commission Room in the City Hall Building, Boz eman, Mon tana . Passed and adopted by the Commission of The City of Bozeman in regular session assembled this 9th day of November, 1945. 1#dr. ATTEST: - ?Ij~ - Clerk of the City Commission. -- --.-... -.--- ---... .-... :367 State of Montana ) ) 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 I 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 my office. IN WITNESS wrillREOF I hereunto set my hand and affix the seal of my office this 12th day of November, 1945. ~~ C erk of the Commission I I Resolution No. 568