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HomeMy WebLinkAboutResolution 1670 Special Improvement District 538 215 COMMISSION RESOLUTION NO. 1670 ftWII ..... A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, ... .,.....,~ MONTANA, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN ~'!? '7<( ,r...............---....... AS SPECIAL IMPROVEMENT DISTRICT NO. 538 OF THE CITY OF !?-v'H BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING AN ...... 11TH L ~ i ASPHALTIC CONCRETE TYPE PAVING, INTEGRAL CONCRETE CURB AND I GUTTERS, NECESSARY APPURTENANCES THERETO, ALSO CONSTRUCTION AND INSTALLATION OF NECESSARY STORM DRAINAGE PIPE INLETS, MANHOLES, DITCHES OR OTHER APPURTENANCES TO STORM DRAINAGE ON SOUTH ELEVENTH AVENUE BETWEEN RAGY BOULEVARD AND WEST LINCOLN ROAD, AND ON THAT PORTION OF WEST LINCOLN ROAD FROM SOUTH ELEVENTH AVENUE TO A POINT 130 FEET WEST OF THE WEST LINE OF THE TAl LANE ADDITION TO THE CITY OF BOZEMAN, MONTANA. WHEREAS, at a regular session of the City Commission of the City of Bozeman, held on the 3rd day of April, 1974, the said City Commission duly passed Commission Resolution No. 1660, declaring it to be the intention of the said City Commission to create a special improvement district to be known and designated as Special Improvement District No. 538 of the said City for the purpose of constructing and installing an asphaltic concrete pavement project to include integral concrete curb and gutters, storm drainage, and other work inci~ dental thereto, and to specially aSsess the entire cost and expense of making said improvements against the property within said district under and by virtue of the provisions of the laws of the state of Montana in such case made and provided, and said Commission Resolution No. 1660 is hereby referred to and made a part hereof for further particulars in respect to the boundaries of said Special Improvement District No. 538, the estimated cost of said improvements and the method of assessing the same against the property of said district; and, I WHEREAS, notice of the passage of said Commission Resolution No. 1660 was duly published, as required by law, in the Bozeman rally Chronicle, a daily newspaper of general circulation printed and published in the City of Bozeman, Montana, and by sending a copy of such notice by U.S. mail to each person, firm or corporation having property within the proposed district at his or its last known address, upon the same date that such notice was first published as aforesaid, and due proof having been made of the publication and service of said notice; and, WHEREAS, within the time provided by law and said published and served notice there were not sufficient protests against the creation of said proposed Special Improvement District No. 538, and the City Commission was in regular session the 24th day of April, 1974, at 1: 15 o'clock p.m. of said day, at theG>mmission Chamber in the City Hall Building in the said City of Bozeman, Montana, the same being the time and place designated in said notice for passing upon all protests, if any, against the proposed work or against the creation or extent of said district, or both or either; and it further appearing that all of the proceedings for the creation of said district have been lawful and regular. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN: I Section 1 That the said Special Improvement District No. 538 of the City of Bozeman be, and the same is hereby created for the purpose of making the improvements as in said r~mmission Resolution No. 1660 and hereinafter described. Section 2 That said special improvements be, and the same are, hereby ordered to be made in said COMMISSION RESOLUTION NO. 1670 ...... -. ." - ~ --- --.......".- ---, --. -~ ~_.,- -- . ~ .--'- ,.~, . _.~~,~. . ----'---'"-- - -- ' -- ,. -'- . . ~_. ..-. .--. n,__ .- - __~~,.. ,. "'r..,.,~_~,""""-_~_~' ----.-.-."._~.._.~~ . m~_ __._...~.............M"_'.-'" ,~,,,~,,,,,,".....,,., 'P'" -.......,..~~...--_..-.........,.,'----...-,. ......- 21G Special Improvement District No. 538 as follows: CONSTRUCTING AND INSTALLING AN ASPHALTIC CONCRETE TYPE PAVING, INTEGRAL CONCRETE CURB AND GUTTERS, NECESSARY APPtffiTENANCES THERETO, ALSO CONSTRUCTION AND INSTALLATION OF NECESSARY STORM DRAINAGE PIPE INLETS, MANHOLES, DITCHES OR OTHER APPURTENANCES TO STORM DRAINAGE ON SOUTH ELEVENTH AVENUE BETWEEN KAGY BOill.EVARD AND WEST LINCOLN ROAD, AND ON THAT PORTION OF WEST LINCOLN ROAD FROM SOUTH ELEVENTH I AVENUE TO A POINT 130 FEET WEST OF THE WEST LINE OF THE TAl LANE ADDITION TO THE CITY OF BOZEMAN, MONTANA. Section 3 That the entire cost and expense of making the special improvements herein referred to in said Special Improvement District No. 538 shall be paid by Special Improvement District Coupon Bonds, as authorized by the laws of the state of Montana, which bonds shall be in the denomination of $100.00 each, and fractions or multiples thereof where necessary, to be issued and chargeable against a fund to be known as "Special Improvement District No. 538 Fund", said bonds to be redeemable at the option of the City of Bozeman whenever funds are available for that purpose from said Special Improvement District No. 538 Fund; and bonds shall draw interest at a rate not to exceed seven percent per annum, which shall be chargeable as a part of the cost of said improvements and shall run from the date of the registration of said bonds until said bonds are paid. To pay said bonds, and the interest thereon, representing the cost of said improvement, a special assessment shall be levied against all of the lands within said Special Improvement District No. 538 as .in sa.id Co1ID1lission Resolution No. 1660 deflned. Section 4 I Said assessment and taxes shall be payable in 20 annual .installments extend.ing over a period of 19 years, with interest on deferred payments, but this provision shall not be construed to prevent full payment at any time. Section 5 That the City Engineer be, and he is hereby directed to prepare plans and specifications for the doing of said work and the making of said improvements. Section 6 That pursuant to the provisions and authority conferred by Section 11~2232, Revised Codes of Montana, 1947, said bonds may be sold to the highest and best bidder therefor for cash, and the proceeds of such sale used in making payment to the contractor, or contractors, for such work, and such payment may be made either from time to time on estimates made by the engineer in charge of such improvements for the City, or upon the entire completion of the improvements and the acceptance thereof by the City Co1ID1lission. Section 7 That upon the completion of plans and specification by the C.ity Engineer for the doing of said work and the making of said improvements, the Clerk of the City Co1ID1lission of the I City of Bozeman be, and is hereby, directed to publish a notice inviting proposals for the making of said improvements on said Special Improvement District No. 538, which notice shall refer to the plans and specifications on f.ile, by publishing such notice in two issues of the Bozeman Daily Chronicle, a daily newspaper printed and published in the City of Bozeman, Montana, not less than 10 days before the t.ime such bids will be opened. PASSED AND ADOPTED by the City Commission of the City of Bozeman at a regular session thereof held on the 24th day of April, 1974. _.d~U _____ __~ ____ n__ _. .~~~__ u_k._____~~_COMMISS_l'ON. RESOLtITI.ON..1ill.-l670----. ---- ---~ --- .- ..'~-" ~._.... ._~.~_~._._~'_n' .~ . u_ ... -~_. .- ~ . .--'.- . .... -," ~ ...~... .....~-"""" ... -. - .,......-"'-...'._~. . '"T "P'-' ,,-, '-,-'.-....,_ 217 /!l::;">, >,,;:;~'~.,~c<~_. .' V'~ _O.M -/ /' ...----v~-7..." rc..(i' ~.. " ,..----4' "';'" ' ,.' ~.' . ~:;o/ / ""~ ._., ,'~ ,...';r" ,..... ,,' . ~ Mayor . ," ,.- ~, ATTEST: ,.---'~, -'~~_. r" .",-,.- " // I C1;:k~<~f ~~~~~~.'~~ission State of Montana ) County of Gallatin : SS City of Bozeman I, Erna V. Harding. Clerk of the Commission of the City of Bozeman, do hereby certify that the foregoing Resolution No. 1670 was published by title and number in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in Bozeman in the issue of the 28th day of April 1974, and due proof of such publication is on file in my office. IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my office this 19th day of Jun~ !974. 1::/.. /~/(~ ~ ....- / /.d... . ~;?"' " _' ERNA V. HARD NG ., Clerk of the City Commission I I COMMISSION RESOLUTION NO. 1670 .--.-. "-~.. - -,--,..~_. ~ - ,. ,-_. ---...----.,-. .-. ..~ ~- , ~_._.