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HomeMy WebLinkAboutResolution 320 SID No. 291 124 \". ~:. '.". \,..' C" J ~ II ~ f' COIIIMISSIo:i~ HESOLU'I'ION NO. 320 ~ 'I . )~ -\- A RI':SOLU7ION OF TEE CONElISSION 01<' THE CI''":{ OF BOZEl-,ITAN, STArrE OF MONTANA CREATING A SPECIAL Hl?FWVEI\-1ENT DISTRICT TO BE KNOWN AND DESIGNATED AS "SPEC... IAL r,lPROVEMENT DISrrRICT NO. 291" OF SAID CITY FOR rrlm PUHFOSE OF CONS'l1RUC- TING A SANI'11ATIY SEVIER IN THE NOHTHEAs'rERN POHTION or SAID CrTY AND WITHIN frIm BOUHDAHIES 0:;:.1 SATD PROPOSED SPECIAL IMPIWVEMEHT DISTRICT NO. 291 AS IN TT.US HI:SOLUTION D:2:,'IHED, AFD TO SPECIALLY ASSESS THE m;'I'Inr; COST AIm I:X- rm:SE OF CONSTRUC'I'ING SUCE SANI'l'ARY SEWER, (EXCEP'i: AS Slicn COST !',,1AY BE RE- DUCED OR DD:IINIS1IE:D BY LABOH AND SERVICE CON'l'IUmrrrED THERETO BY 'THE FEDEI;AL I EllIERGENCY RELIEF ADIHNls'rHATION OH ANY O'I'HER AGErlCY on. AU'l'IIOrU'l'Y OF THE GOVEl1NMENT OF 'rElE UNITED STATES OF AI,~;JnCA), AGAINST THE PROPERrry WI'I'PIN '- SAID DIS'l'RIC'I', ON TITE AHEA BASIS, UNDEH. JU,l) BY VIR'l'UE OF rrEE PHOVISIONS OF SECTIONS 5225-5277, INCLUSIVE, REVISED CODES OF MONTANA, 1921, AND ANY AMENDMImTS THERETO. - WHEREAS: At a regular sess:lon of the Comrni.ssion of the C1 ty of Bozeman, State of Montana, held on the 26th day of Janu.ary, 1935, the said Co~nis3ion duly passed Oommis- sion Reso1utionNo. 283 declaring it to be the intention of said CommissL;n to create a special improvement district to be known and de~::tgnatec1 as Special Improvement District No. 291 of said City for the purpose of constructing a sanltary sewer jn the northeas- tern portion of said City of Bozeman, and to sDecially assess the entire cost and ex- pense of const~lctinG such sanitary sewer (except as such cost may be reduced or dim- inished by labor and service contributed thereto by the };""lederal EmergenC7t Relief' Admin- istration, or any other at~;ency or authorit::r, of tl.e Goverrunent of the United States of America) ai<;(;a'nst the property wlthin said district under and by virtl:'.e of t1Je provisions of Sections 5225-5277, inclusive, R. C. l',~ontana, 1921, and any amendments thereto which said Commission Resoh;tion No. 283 is hereby referred to and made a part hereof for fur- ther particulars in respect to the boundarie. s of said eli.. stri ct, the ostjmatecl cost of I said improveJ;lent and the method of assess:lng the same against the property within said, district; and, - WTmrtEAS: Notice of tbe passage of said Commiss:1.on Hesolution No. 283 was duly published as required by law in Bozeman Daily Chronicle, a daily newspaper of general circula tion printed and published :In Ule Ci t;T of Bozeman, Montana, and by sending a copy of such notice by registered mail to eacll person, firm or corporation, having property wi thin the proposed di.strict, at his last known adress, upon the same day that such notice was first published as aforesaid; and due proof havinG been made of tl',e pl1,blicatlon and service of said notice; and WHER1~AS: Wi thin tlle time provided by law and said published and served notice there were protests asainst the proposed work and a~ainst the creation and/or extent of said proposed special improvement district to be aSiowssed and the Ci ty Commission was in reg- ular sess:lon on the l5tb day of Febrl.lary, 1 35, at 7:30 Of clock, P. hI. of said day at the Connnission Chamber in the Ci t~y Hall B1Jilding in the said Ci t::{ of Bozeman,:he same being the t:1:ne and place designated in said notice for passing UDen all protests, if any, against the proposed work or against the creation or extent of said district, or both; I and said protests having bee'" then and there duly considered by tLe City Conunission were found insufficient in law and in fact and were thereupon and at said sess'lon by the City Cormnission 0,rerr1l1ed; arid it :f1J.rther appearing -that all of the proceedings for the crea- tion of said district have been lawful and reGi'lar, now therefore, BE IT RESOLVED BY THE cor,u.aSSICm or' rr:LU, CIT:{ OF BO:Z,Ej"IAN: Section 1 That said Special Improvement District :No. 291 of the Cit:T of Bozeman, State of Mont- -......-.- 1'J1 ,....it ana, be, and ttLe sar.le is heret,y, created for the p'urpose of rrk"lldnC the im~)rovements therein as herelnafter described. Section 2 Tha t said speciali_mprovement be and the same is hereby, ordered to be made in said I Special Improvement District No. 291 as follows: THE CONSTRUC'l'ION AIm INS'l'ALLATION OF A SANITARY SEVmH IN THE NORTIIEAS'F2HN PORTION OF SAID CrI'Y AND 'v'HTHr; 'l'EE BOUNDARIES OT" SAID SPECIAL IMPROVE1:IEN'r DISTRICT NO. 291 AS IN SAID RESOLT:'TION OF IN'l'ENTION NO. 283 SPECIFIED Al':D DEFINED. Section 3 That the entire cost and expense of making the special improvement herein set forth in said Special Improvement District No. 291 as finally determined in the manner speci- fied in Section 6 of the Resolution of Intention, shall be defrayed and paid by Special -.....----.. . -..-- 12G \ plans and speCificatiOn\ on filc, by publishins suel":\ notice in two (2) issues of Bozeman Daily Chronicle, a daily ,1ewspaper printed and published in t:-:e Cl ty of Bozeman, the last publication of such notice to be not less than ten (10) days before the t:b18 set for the opening of such bi~ds as stated in such notice, which shall be at a regular meeting of the City Commission of the City of Bozeman to be held on Friday, the 13th da~r of Decem- ber,1935, at 7:30 o'clock, P. l~I . of said day, at the Commiss:1.on Cll.amber in the City I Hall Building, Bozeman, I!Iontana. Provision, if any, for work and labor for the maK- ine; and installation of sa.'Ld improvement, in add:Ttion to that to be furrished and pro- vided by the United States Government under its agreement or arran{~ement vIi tll the Ci ty of Bozeman and as now contemplated, shall be deferred until it shall become apparent that such additional work and labor is necessar:r and as to such necess:1.. ty the decision of t:1e Cit-;Y1" Commission of the City of Bozeman, entered upon its mimttes, shall be conclusive; and in the event that such decision is reached and made that additional work and labor is necessary, such additional wor1r and labor may b,e done under contract after call for bids . as here:i_n provided for calls for blds for material, or the sam:; may be done, furni shed and provided by the City of Bozeman without contract or call for bids, as the City Com- mission shall deem best and mos t advantageous for the owners of proporty w:t thin said Special I:-1provement District No. 201 whose ~roperty is to be assesser,] for the cost of malcing a.c:d installing said improvement as herein and in said Hesoh:ttion of Intention Jio. 283 provided. Passed and adopted by the Connn."ission of the Ci ty of Bozeman at raspecial:"'J::Jion I thereof held on the 30th day of November, 1935.