HomeMy WebLinkAboutResolution 3019 Authorizing issuance of warrants for 1993 and 1994 sidewalk programs
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COMMISSION RESOLUTION NO. 3019
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO THE 1993 AND 1994 SIDEWALK CONSTRUCTION
PROGRAM; AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF SPECIAL
WARRANTS, IN THE AMOUNT OF $85,000.00, FOR THE PURPOSE OF
FINANCING THE ENGINEERING DESIGN, CONSTRUCTION, INSTALLATION,
INSPECTION AND ENGINEERING CERTIFICATION OF SIDEWALKS ALONG
PARTICULAR STREETS IN THE CITY OF BOZEMAN, MONTANA.
WHEREAS, the City is authorized, pursuant to Section 7-14-4109, M.C.A., to order
the construction or reconstruction of sidewalks, curbs or gutters in front of any lot or parcel
of land and may order alley approaches constructed or replaced adjacent to any lot or parcel
of land within the city; and
WHEREAS, the Commission did, on the 28th day of June 1993, adopt Commission
Resolution No. 2922, ordering that specified sidewalks be installed under the 1993 sidewalk
program; and
WHEREAS, the Commission did, on the 5th day of July 1994, adopt Commission
Resolution No. 2986, ordering that specified sidewalks be installed under the 1994 sidewalk
program; and
WHEREAS, written notice was given to the owner or agent of the owner and to any
purchaser under contract for deed of said property in accordance with Commission
Resolution No. 2922 and 2986 and Section 7-14-4109, M.C.A.; and
WHEREAS, the thirty (30) day notice period has expired and the owners or agents of
the owners of said property have been given an opportunity to construct or cause to be
constructed said sidewalks; and
WHEREAS, the City has determined which of the proposed sidewalks have been
constructed by the owners or agents of owners and which of the proposed sidewalks have
been or will be constructed by the City. A listing of the sidewalks that have been
constructed or will be constructed by the City is attached hereto as Exhibit" A" and by this
reference made a part hereof; and
WHEREAS, the City is authorized to pay for the construction of the sidewalk
improvements by issuance of special warrants and drawn against a fund known as the
Special Sidewalk, Curb, Gutter and Alley Approach Fund and to secure such warrants by the
Revolving Fund of the City created pursuant to Section 7-12-4221, M.C.A.; and
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WHEREAS, the total costs of the sidewalk improvements to be constructed by the
City, including costs of engineering, construction, inspection, financing and administration
is estimated to be $85,000.00.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, to wit.
Section 1
Bonds to be Issued
The City Commission of the City of Bozeman, Montana, shall issue and sell its Special
Sidewalk, Curb, Gutter and Alley Approach Warrants, Series 1994, hereinafter referred to
as Bonds, in the aggregate principal amount of $85,000.00 for the purpose of financing the
sidewalk improvements. The Bonds shall be dated November 1, 1994 and shall bear interest
from the original issue date, payable semi-annually on January 1 and July 1 of each year
commencing January 1, 1996, at a rate or rates designated by the successful bidder at
public sale and approved by this Commission. If issued as serial bonds, the Bonds shall
mature on July 1, in each of the following years and amounts:
Year Amount
1996 $15,000.00
1997 $15,000.00
1998 $15,000.00
1999 $20,000.00
2000 $20,000.00
If issued as amortization bonds, the bonds will be issued as a single bond or divided
into several bonds, as the Commission may determine at the time of sale, the principal of the
Bonds shall be payable semi.annually on each January 1 and July 1, commencing July 1,
1996 and continuing through July 1, 2000. Serial bonds shall be in the denomination of
$5,000 each or any integral multiple thereof of single maturities. Amortization bonds shall
be preferred.
The Bonds shall be issued only as fully registered bonds and shall be executed by
the manual or facsimile signatures of the Mayor, Director of Finance, and Clerk of the City
Commission.
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Section 2
Notice of Sale
Sealed bids for the Bonds shall be opened and read at 1 0:00 a.m., Mountain
Standard Time, on Monday, October 31, 1994, in the office of the Clerk of the City
Commission, in the Municipal Building, 411 East Main Street, Bozeman, Montana. The City
will receive sealed bids only for the Bonds until said time. The Bonds shall then be sold,
based on that public competitive bid opening, at 3:00 p.m., Mountain Standard Time, on
Monday, October 31st, in the Commission Room, Municipal Building, 411 East Main Street,
Bozeman, Montana.
The Clerk of the Commission is authorized and directed to cause notice of the sale
to be published in substantially the form set forth in Exhibit "B", attached hereto, in the
Bozeman Dailv Chronicle, once a week for two successive weeks preceding the week which
contains the date of sale.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana,
at a regular session thereof held on the 17th day of October 1994.
ATTEST:
&~ oYJ~
ROBIN L. SULLIVAN
Clerk of the Commission
APPROVED AS TO FORM:
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EXHIBIT "A"
SIDEWALK PROGRAM -- 1993 CONSTRUCTION
Owner/Address leaal DescriDtion Address Un Ft
Western Federal Savings & Loan West Park Manor 1st Addition, Lot 6, Vacant lot, North 20th
189.32
Assoc. of Missoula Rearrangement of portion of Block 8 Avenue
P.O. Box 4547
Missoula, MT 59807
Donald E. & JoAnn Cape West Park Manor, 2nd Addition, Lot 13, 515 North 21st Avenue 80
515 North 21st Block 3
Bozeman, MT 59715
John A. & Norma M. Nelson West Park Manor, 2nd Addition, Lot 27, 404 North 21st Avenue 75
Rural Rt. Block 2
Rosalie, NB 68065
Gary Kuntz West Park Manor, 2nd Addition, Lot 30, 312 North 21st Avenue 80
312 North 21 st Block 2
Bozeman, MT 59715
Steven A. Markle Figgins Addition, Lot 8 Block 1 405 Cutting 202.5
Box 876
Fort Knox, Ky 40121
Joann Staffam;on Figgins Addition, Lot 21, Block 1 404 Cutting 207.5
404 Cutting
Bozeman, MT 59715
Kathryn Wilson Figgins Addition, Lot 22, Block 1 405 Morrow 207.5
405 Morrow
Bozeman, MT 59715
Bryan E. & Nancy Kelly Figgins Addition, Lot 49, Block 1 2709 Langohr 230.55
2709 Langohr
Bozeman, MT 59715
James & Kathleen Womack Figgins Addition, Lot 4, Block 3 2816 Langohr 73.5
2816 Langohr
Bozeman, MT 59715
David S. & Marie Visscher Figgins Addition, Lot 9, Block 4 2803 Langohr 132.75
2803 Langohr
Bozeman, MT 59715
James & Nikki Lytle Figgins Addition, Lot 21, Block 4 41 6 Henderson 78
41 6 Henderson
Bozeman, MT 59715
Doreen D. & Thomas E. McMahon Figgins Addition, Lot 36, Block 4 2810 Secor 77 .75
2810 Secor
Bozeman, MT 59715
Katherine R. Wells Figgins Addition, Lot 4, Block 5 3020 Erwin 109.88
3020 Erwin
Bozeman, MT 59715
Erwin P. & Margaret C. Elgen Figgins Addition, Lot 5, Block 5 3003 Healy 187.48
3003 Healy
Bozeman, MT 59715
James C. & Linda A. Larsen Figgins Addition, Lot 6, Block 5 3009 Healy 94.0
3009 Healy
Bozeman, MT 59715
Ronald J. & D. Darlene Lala Figgins Addition, Lot 7, Block 5 3017 Healy 98.3
3017 Healy
Bozeman, MT 59715
Tracey Soderstrom Figgins Addition, Lot 14, Block 5 3001 Langohr 187.48
3001 Langohr
Bozeman, MT 59715
David R. & Catherine M. Grigsby Figgins Addition, Lot 17, Block 5 3021 Langohr 46.85
3021 Langohr
Bozeman, MT 59715
Bret C. & Lisa L. Walker Figgins Addition, Lot 19, Block 6 3020 Langohr 47.12
3020 Langohr
Bozeman, MT 59715
Robb E. & Teresa W. Larson Figgins Addition, Lot 21, Block 5 3010 Langohr 93.00
3010 Langohr
Bozeman, MT 59715
Albert D. & Theresa L. Yorio Figgins Addition, Lot 22, Block 5 3004 Langohr 199.82
3004 Langohr
Bozeman, MT 59715
EXHIBIT "A"
Frank & Diane Spranget Figgins Addition, Lot 13, Block 5 408 Staudaher 187.48
408 Staudaher
Bozeman, MT 59715
Rolf S. & Jaynee Groseth Figgins Addition, Lot 6 Block 6 3002 Secor 192
3002 Secor
Bozeman, MT 59705
Duane R. Bjelland Figgins Addition, Lot 14, Block 6 3009 Secor 76
3009 Secor
Bozeman, MT 59715
Wade & Sandra K. Waldo Figgins Addition, Lot 22, Block 6 2809 Secor 76
2809 Secor
Bozeman, MT 59715
Gary, Norma & Todd Buchanan Figgins Addition, Lot 23, Block 6 2805 Secor 76
2429 Colleen Drive
Billings, MT 59101
Paul J. & Marian R. Luwe Figgins Addition, Lot 24, Block 6 604 Arnold 79.57
604 Arnold
Bozeman, MT 59715
Robert J. Buzzas & Figgins Addition, Lot 4, Block 7 3001 West ridge 76
Cynthia A. Christln
3001 Westridge
Bozeman, MT 59715
Craig B. & Valerie J. Deeney Figgins Addition, Lot 9, Block 7 2907 Westridge 78
2907 Westridge
Bozeman, MT 59715
T. Burton, F. Burton, Figgins Addition, Lot 5, Block 8 611 Arnold 80.13
F. Booth
611 Arnold
Bozeman, MT 59715
Frank J. & Nancy M. Murphy Figgins Addition, Lot 10, Block 8 2506 Westridge 181.31
2506 Westridge
Bozeman, MT 59715
James A. & Shirley R. Tomac Figgins Addition, Lot 12, Block 8 2517 Landoe 95.1
2517 Landoe
Bozeman, MT 59715
Paul E. Borgeson Figgins Addition, Lot 17, Block 8 2518 Landoe 80.22
P.O. Box 931
Bozeman, MT 59715
John N. & Heldle G. Parkes Figgins Addition, Lot 21, Block 8 2508 Landoe 70.01
2508 Landoe
Bozeman, MT 59715
Bruce C. & Valerie Raymond Figgins Addition, Lot 3, Block 9 2705 Westridge 79
2705 Westridge
Bozeman, MT 59715
Kelly J. & Kimberly O'Connor Figgins Addition, Lot 18, Block 9 505 Westridge 99.74
505 Westridge
Bozeman, MT 59715
Joseph G. Long Figgins Addition, Lot 23, Block 8 2402 Westridge 110.74
2402 Westridge
Bozeman, MT 59715
Mark T. & Kristine R. Cechovic Figgins Addition, Lot 4, Block 6 3009 Erwin 87
3009 Erwin
Bozeman, MT 59715
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EXHIBIT "A"
SIDEWALK PROGRAM -- 1994 CONSTRUCTION
Owner / Address Leaal DescriDtion Address
Un Ft
Montana Beta Alumni Lot 5, Greek Way Subdivision 1811 Greek Way
213.5
Corporation of Sigma Phi
Epsilon
Montana State University Lot 6, Greek Way Subdivision vacant (1 808 to 1 820 220.6
Greek Way)
Westland Enterprises, Inc. Lot 16, Block 4, West Park 521 North 22nd 117.08
Manor No. 3
MSU Foundation Lot 13, Block 1, Thompson's 1821 South Willson
130
2nd Addition Avenue
Westland Enterprises, Inc. Lot 1, Block 4, West Park 2205-2209
West 117.0
Manor No.3 Beall
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EXHIBIT "B"
NOTICE OF SALE OF $85.000 SPECIAL SIDEWALK BONDS. SERIES 1994
CITY OF BOZEMAN. MONT ANA
NOTICE IS HEREBY GIVEN by the City Commission of the City of Bozeman,
Montana, that the City Commission is accepting bids for the sale of Special Sidewalk Bonds,
hereinafter referred to as Bonds, for the 1993 and 1994 sidewalk construction programs,
in the amount of $85,000.00, with said bids to be opened at the hour of 10:00 a.m.,
Mountain Standard Time, on Monday, the 31 st day of October 1994, at the office of the
Clerk of the City Commission, in the Municipal Building, 411 East Main Street, Bozeman,
Montana.
The sale of Bonds will occur at the regular meeting of the City Commission to be
held at the hour of 3:00 p.m., Mountain Standard Time, on Monday, the 31st day of
October, 1994, at which time the City Commission will sell to the highest and best bidder
for cash, either amortization or serial bonds drawn against the Special Sidewalk Curb, Gutter
and Alley Approach Fund in the total aggregate principal amount of Eighty Five Thousand
Dollars ($85,000.00) (the Bonds) for the purpose of financing the engineering design,
construction, installation, inspection and engineering certification of sidewalks along
particular streets within the City of Bozeman, Montana, pursuant to the City's 1993 and
1994 Sidewalk Construction Programs.
THE BONDS
General Terms.
Amortization bonds will be the first choice and serial bonds will be the second
choice of the City Commission.
If amortization bonds are sold and issued, the Bonds will be issued as a single bond
or divided into several bonds, as the Commission may determine at the time of sale, both
principal and interest to be payable in equal semiannual installments on each January 1 and
July 1, commencing January 1, 1996, and, subject to prior redemption and prepayment,
continuing through July 1, 2000.
If serial bonds are issued and sold, the Bonds will be issued as bonds in the
denomination of $5,000 each or any integral multiple thereof of single maturities; will be
numbered serially and will mature serially on July 1 in the following respective years and
amounts unless earlier prepaid or redeemed as hereinafter provided:
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EXHIBIT "B"
Year Amount
1996 $15,000.00
1997 $15,000.00
1998 $15,000.00
1999 $20,000.00
2000 $20,000.00
The Bonds, whether amortization or serial bonds, will be dated as of November 1,
1994, and will bear interest at the rate or rates designated by the successful bidder of the
sale, subject to the limitations stated herein. Interest will be payable semi-annually on
January 1 and July 1 of each year commencing January 1, 1996.
RedemDtion.
All Bonds are subject to redemption and prepayment at the option of the City of
Bozeman, in order of registration on any interest payment date from proceeds of the Bonds
not required to pay costs of the Improvements or from the prepayment of assessments levied
against the properties adjacent to the Improvements or from other sources of funds available
to the City. The Bonds shall not be callable from the proceeds of an issue of refunding
bonds prior to the expiration of 1/3 of their original term.
Security.
The Bonds are payable from the collection of a special tax or assessment which is
a lien against the property upon which the assessment is made, and are not a general
obligation of the City. The Bonds are secured by the Special Improvement District Revolving
Fund of the City (the Revolving Fund). The City will agree to make a loan from the Revolving
Fund to the Special Sidewalk, Curb, Gutter and Alley Approach Fund (the Fund), to make
good any deficiency then existing in the Interest and Bond Account of the Fund and to
provide funds for the Revolving Fund by levying a tax or making a loan from the City's
general fund to the extent authorized by law. The City of Bozeman has outstanding as of
June 30, 1994, $2,630,500.00 principal amount of Special Improvement District Bonds and
Sidewalk, Curbs, Gutters and Alley Approaches Warrants backed by the Revolving Fund.
The City has a balance of $387,899.00 in its Special Improvement District Revolving Fund
as of June 30, 1994.
Reaistrar and Pavina Aaent.
Principal of and interest on the Bonds will be payable at the principal office of the
Director of Finance, City of Bozeman, Montana.
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EXHIBIT "B"
BIDS AND AWARD OF SALE
Terms of Bid.
Each bid must be for all but not less than all of the Bonds. All Bonds maturing on
the same date must bear basic interest from the date of issue paid at a single, uniform rate,
expressed in integral multiples of 1 /20 of one percent per annum. No bid for less than par
value with accrued interest on the principal amount of the Bonds to the date of delivery of
the Bonds will be considered. B coupons are acceptable.
Receiot of Bids and Award of Sale.
Sealed bids for the Bonds will be received by the Clerk of the Commission of the
City of Bozeman, Montana, until 1 0:00 a.m., Mountain Standard Time, on Monday, the 31 st
day of October, 1994, at which time the bids will be opened and tabulated. A tabulation
of the bids received will be presented to the City Commission at 3:00 p.m. on Monday, the
31 st day of October 1994, at which time the City Commission will make the award of sale,
if any. Each envelope must be marked as follows: "Bid for $85,000.00 1993 and 1994
Sidewalk Construction Programs Bonds" and must indicate the name and address of the
bidder or, in the case of a group of bidders, of the representative.
Basis of Award.
The award, if any will be made to the bidder whose bid results in the lowest net
interest cost payable on the Bonds. The City of Bozeman reserves the right to reject any and
all bids and to waive any informality or irregularity in any and all bids.
Good Faith Check.
Each bid must be accompanied by lawful money of the United States of America or
a cashier's check, certified check, bank money order or bank draft in the amount of One
Thousand Seven Hundred ($1,700.00) drawn and issued by a national banking association
located in Montana or any banking corporation incorporated under the laws of Montana,
payable to the City of Bozeman. The bid security of the unsuccessful bidders will be
returned immediately on award of the Bonds to the successful bidder or after rejection of all
bids. The bid security of the successful bidder will be deposited by the Director of Finance
on the date of sale, and at the time of the delivery of the Bonds such security will be applied
against the purchase price of the Bonds or will be retained as liquidated damages upon the
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EXHIBIT "B"
failure of the successful bidder to take and pay for the Bonds in accordance with the terms
of the bid. No interest will be allowed on the bid security.
Additional Information.
Additional information regarding the 1993 and 1994 Sidewalk Construction
Programs and the Bonds therefor may be obtained from the Clerk of the City Commission,
City of Bozeman, P.O. Box 640, Bozeman, Montana 59715, telephone (406) 586-3321,
during regular business hours.
DELIVERY AND LEGAL OPINION
Deliverv of Bonds.
The Bonds will be ready for delivery on November 3, 1994, upon full payment
thereof.
The City shall be responsible for the cost of the printing of the Bonds, any delivery
agent charges and the legal opinion. These costs will be charged against the District.
~o?! p~
ROBIN L. SULLIVAN
Clerk of the Commission
Legal Ad
Publish: Tuesday, October 18, 1994
Monday, October 24, 1994
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