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HomeMy WebLinkAboutResolution 558 Creates SID No. 338 -- :384_ proof R...v.G C S g.nd CMclf."O OMflfiI SION RESOLUTION NO. 558 __j.!/i'J/1:{""" A RESOLUTION OF THE COM~HSSION OF THE CITY OF BOZEMAN, STATE OF MONTANA, ~~_M~-~CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AND DESIGNATED AS -..-----. "SPECIAL IMPROVEMENT DISTRICT NIDflBER 338" OF SAID CITY FOR THE PURPOSE OF INSTALLING A SANITARY SEWER IN SAID DISTRICT IN CERTAIN STREETS AND A VENUES AS HEREINAFTER IN THIS RESOLUTION PARTICULARLY DESCRIBED AND DESIGNATED, AND TO SPECIALLY ASSESS THE ENTIRE COST AND EXPENSE OF SUCH INSTALLATION AND CONSTRUCTION AGAINST THE PROPERTY WI'I'HIN SAID SPECIAL IMPROVEMENT DISTRICT UNDER AND BY VIRTUE OF THE PROVISIONS OF SECTIONS I 5225 to 5277, INCLUSIVE, REVISED CODES OF MONTANA, 1935, AND ANY AMENDE- MENTS TFffiREOF OF THERETO. WHEREAS: At a regular session of the Commission of The City of Bozeman, State of Montana, held on the 29th day of June, 1945, the said Commission duly passed and adopted Commission Resolution No. 557 declaring it to be the intention of said Commission to create a special improvement district to be known and designat- ed as "Special Improvement District No. 338" of said City for the purpose of con- structing and installing a sanitary sewer in and along certain streets and avenues within the boundaries of said Special Improvement District No. 338 as described in said Resolution of Intention No. 557, and to specially assess the entire cost and expense of making said improvement against the property within said District under and by virtue of the provisions of Sections 5225 to 5277, inclusive, Revised Codes of Montana 1935 and any amendements thereof or thereto, which said Commission Re- solution No. 557 is hereby referred to and made a part hereof by such reference, for further particulars in respect to the boundaries of said district, the estirns ted cost of said improvement and the method of assessing the property within the boundar- I ies of said district to defray such cost; and WHEREAS. Notice of the passage and adoption of said Commission Resolution No. 557 was duly published as required by law in Bozeman Daily Chronicle, a daily news- paper of general circulation printed and published in The City of Bozeman, Montana, and by sending a copy of such notice 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, as aforesaid; and due proof having been made of such publication and service; and WHEREAS: Within the time provided by law and said published and served notice th~r~ were no protests made nor filed against the creation of said district as pro- posed, or at all, nor against the creation and extent of said proposed special im- provement district so to be assessed; and the City Commission being in regular sess- ion assembled on the 20th day of July, 1945 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 of said City, tha t being the time when and the place where the said Comnds sion would consider such protests, as stated in said published and served notice; and it further appearing I that all of the proceedings for, and preliminary to, the creation of said special improvement district have been done and performed in due and regular form as by law prescribed; now, therefore, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF BOZEY~N: Section 1 District Created That said Special Improvement District Number 338 of The City of Bozeman, State ----- -------.. -. -". ....---... .- '~ 'J r.- Ufa of Montana, be and the same is hereby crea ted for the purpose of making therein the' " improvemen t, the installation of a sanitary sewer, as in said Resolution of Intention ""0' No. 557, and hereinafter, described. Section 2 Character of Improvement I The character of the improvement to be made within said Special Improvement District No. 338 is the construction and installation of sanitary sewer on West Curtiss Street from the alley between Tenth and Eleventh Avenues to the alley between Eleventh and Twelfth Avenues; thence South in said alley to Story street. Also along West Koch Street from the alley between Eleventh and Twelfth Avenues to Thirteenth Avenues and in the alley between Twelfth and Thirteenth Avenues from West Koch Street to West Story Street. Section 3 Payment of Cost That the cost of making said improvement as finally determined shall be paid in cash from the proceeds of the sale of Special Improvement Bonds of said ~pecial Im~ provement District No. 338, in accordance with the provisions of Section 5250 Revised Codes of Montana 1935, 8S 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 bear interest at a rate not exceeding six percent (6%), payable annually, and be paid from a fund to be known and designated as ttSpecial Improvement District No. 338 Fundtt, I all in accordance with the provisions of 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, 1 9 45 . 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. 338, on the area basis, each square foot of the total area within the boundaries of said District to be so assessed, and each separate lot or parcel of land therein to be assessed for its pro- portionate share of the to ta 1 co st. Section 4 Plans and Sepcifications That the City Engineer be, and be is hereby directed to prepare plans and speci- fications 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 as by law provided, inviting proposals for furnishing I the necessary material and the installation of said improvement in said Special Improve- ment District No. 338, referring to the plans and specifications on file, by publishing the same in two (2) issues of Bozeman Daily Chronicle, a daily newspaper printed and published in The City of Bozeman, not less than ten (10) days before such bids will be opened and considered by the City Commission, which shall be at a regular meeting of said Commission to be held on Friday, the 17th day of August, 1945, at the hour of 7:30 o'clock P.M. of said day, at the Commission Room in the City Hall building, Bozeman, Man tana . Resolution No. 558 3. '}," .. t} J Passed and adopted by the Commission of The City of Bozeman in regular session assembled, this 27th day of July, 1945. /M' I/.ayor. ATTEST: I ~4~ State of Montana ) ) ss Coun ty of Galla tin ) 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 July 2~,1945, and that due proof is on file in my office. IN WITNESS WHEREOF I hereunto set my hand and affix the seal of my office this 30th day of' July, 1945. q~ .. /'// ~ ierk' of the ommission. . I I .--.-.."....-....-..---.-.