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HomeMy WebLinkAboutResolution 438 Creates SID No. 327 .--- ..---.......----- \ \" ~~ t COMMISSION RESOLUTION NO. 438 \. ~9' '~'..A-- ~ ~ A RESOLUTIon OF THE CO!iIUT SSTON OF THE CITY OF BOZET;IA:':, STATE OF MONTANA, '~~\~ ~\ CREATING A SPF.CIAL n.~PROVEI,'lENT DISTRICT TO BE KNO'NN AND DESIGNATED AS '\ '\ ~, "SPECIAL IMPROVEr.rENT DISTRICT NUI;1BER 327" Or;' SAID CIT,:T FOR 'I'I-IE P1JR?OSE \"-' " Q}.' CONSTRUCTD)G A SANITARY SE\'ffiR ON MONTANA AVENUE FRmJl 'rHE CENTER OF \' ASPEN STREET, SOUrl'II A SUFFICIENT DIS'I'ANCE '1'0 SERVE ALL THE PROPER'liY BORDERIHG ON SAID MCI:TANA AV=~NUE BETWEEIJ BEALL STREET AND ASPEN STREET, WI TEll: SAID C I'l'Y , AND TO SPECIALLY ASSESS THE EN'liIRE COST AND EXPENSE OF CONSTRUCTING SAID SANI'liARY SEWER AGAINST THE PROPERTY WITHIN SAID DIS- TRICT U:NDER AND BY VInrrUE OF 'l'HE PROVISIONS OF SECTION~ 5225 ""5277, IN- I. CLUSIVE, POLI'I'ICAL ceDE, T', c. MONTAFA 1935, AND ANY Aj'\"lEHDMENTS TI-mnETO 1\ ., WHEHEAS: At a regular sesslon of the Commission of The City of Bozemen, State of r:lontana, held on the 11th day of November, 1938, the said Commission duly Dassed Com- mjssion Hesolution No. 437 declaring it to be tIle intention of s8id Commission to create a special improvement district to be known and designated as Special Improvement District No. 327, of said City for the purpose of construct:i.r.g a sani tary sewer on :!J.ontana Avenue from the center of East Aspen Street, south a sufficient distance to serve all the prop- erty bordering on said Montana Avenue between 3eall Street and Aspen Street, in said City of Bozeman, and to specially assess the entire cost and expense of makinp: said improvement aga:':nst the propert~t wi thin said district under and by virtue of tlle pro- visions of Sections 5225-5277, ine lusi ve, H. C. Montana, 1935, and any amendments thereto which said CO!YL'llission Resolution No. 43'7 is hereby referred to and made a part hereof for fl.lrther p8.rticulars in respect to the boundaries of said district, the estlr:1ated cost of said improvmnent and the method of assessing the same against the property within said district; and, VH'EREAS: Notice of the passaGe of said Commission Resolution No. 43'7 was duly I publlshed as required by law in Bozeman Daily Chronicle, a daily newspaper of general circulation printed and published in 'rhe Ci ty f Bozeman, Eontana, and sending a copy of such notice by U. S. mail to each persons, firm or corporation, having property within the proposed district, at his last known address, upon the same day that such notice was first published as aforesaid; and due proof having been made of the publica- tion and service of said notice; and WHEHEAS: Within the time provided by law and said published and served notice there wer e not suff:i.cien t protes ts agains t the proposed work and agains t the creation and/or extent of said proposed special improvement district to be assessed; and the City COITh'Jlission was in regular session on said 11th day of November, 193t3, at '7:30 o'clock P. M. of saId day at the Commission Chamber in the City Hall building in the said City of Bozeman, the same being the time and plaee designated for passlng upon all protests, if any, against the proposed work or against the creation or extent of said district, or both; and it further appearing that all of the proceedings for the creation of said . .--..-. 2 'rIm CONS;l'RUC'rION AND INSTALLA:rrON OF A SANI'I'AHY smVEH ON MC}i'lllAHA AVEITUE FIW1\I 'l'HE CENTER OF EAST ASPEN srL'HK2:T, SOUTH A SUFFI CIE1Jfl' DIS'l'ANCE TO SERVE ALL T;m PHOPERTY BORDERnJG ON SAID T,TO:N'l'ANA AVR>UE BE'l'WEEN BEALL S'l'REET AND ASPEN STRE~~'r. Section 3 That the entire cost and expense of maldng tlle special improvement herein set forth in said Special Improvement District No. 327 may be paid in cash as provided in Section 5250, R. C. I'/lontana, 1.9:55, and/4t: by special improvement district coupon bonds I and/or warrants of the denomination of $100.00 each and in fractions thereof I.'lb_ere nece s sary, to be issued and chargeable against the fund to be known as IISpecial Im- provement District No. 327 Fund;1I said bonds or vmrrants to l)e redeema'-.le '1t tho op- tion of f:rhe City of Bozema:n, Montana, whenever funds are available for that ~lrpose from said Special Improvement District No. 327 Fund; said bonds or warrants shall draw simple lnterest at a rate not exceed',ng six (6) per cent per annum, which shall be chargeable as a part of the cost of saj.d special improvements and shall run from t:J.e date of the registration of said bonds or warrants until said bonds or warrants are paid; and such interest from the date of the registration of said bonds or warrants until the payment of the first installment shall be colle cted by the director of fi- nance of said City of Bozeman at the time of collectin!~ said first installment; th",t the entire cost and expense of said improvement w:ahin said district shall be defrnyed by a special assessment aga'nst the entire distrtict, each lot or parcel of land within said district to be assessed for its proportionate sl1are of slJ.cL expense, each lineal front ~oot of tho total frontage of such lots or parcels of lan(1 vii thin said Special I Improvement District ~\IO. 327 to be assessed for its proportionate share of such entire cost. Section 4 m-, t t' C it""" b and he is hereby, directed to prepare plans ~nd spe- ~na ne-y ~nglneer e, cifications for the doing of said work and making of said Lnprovement. Section 5 That the Clerk of tb,e Commission be, and he is hereby, directed to publish a notice inviting proposals for the furnishing of materials and the doing of the work and the mat::i.nE:~ of' said improvement in: said Special Improvement District No. 327 refer- ring to plans and specifications on file, by publishing same in two (2) issues of Bozeman Daily Chronicle, a da:i.1y neV:TEJpape'r printed and published In '1'he Ci ty of Bozeman, not less than ten (10) days before the time such bids will be opened, which shall be a t a mfOJe tine; of said City Conml1s s ion to be held on Friday, the 2nd d8.Y of December, 1938, at 7:30 o'clock P.Y. of said day. Passed and adopted by the COll1c.l1i3nion of '1'ho City of Bozerilnn at a regular 383sj,on thereof held on the 18th day of November, 19;30. I .Zt /"", ~:t:.~~