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HomeMy WebLinkAboutResolution 1567 Special Improvement District 520 443 COMMISSION RESOLUTION NO. 1567 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN CREATING A ,.... "-!a SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT -.6 011,....., NO. 520 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND IN- 4 - :L,-/3 , .r ,._ .,.,_....,..'~"'_ STALLING AN ASPHALTIC CONCRETE PAVING, INTEGRAL CONCRETE CURB AND GUTTERS, " ",.c;-.,PL'l- NECESSARY APPURTENANCES THERETO, ALSO CONSTRUCTION AND INSTALLATION OF . NECESSARY STORM DRAINAGE PIPE, DITCHES, INLETS, MANHOLES AND OTHER APP- URTENANCES TO 'IRE STORM DRAINAGE SYSTEM ON NORTH 20TH AVENUE FROM MAIN STREET TO THE NORTH LINE OF WEST BEALL STREET AND ON A PORTION OF WEST I BEALL STREET BEGINNING AT 'IRE WEST LINE OF NORTH 20TH AVENUE TO A POINT 117 FEET WESTERLY THEREFROM. WHEREAS, at a regular session of the Commission of the City of Bozeman, State of Montana, held on the 21st day of February, 1973, the said Commission duly passed Commission Resolution No. 1563 declaring it to be the intention of the said Commissionto create a special improvement district to be known and designated as Special Improvement District No. 520 of the said city for the purpose of constructing and installing an asphalt concrete type pavement project on North 20th Avenue from Main Street to the north line of West Beall Street and on a portion of West Beall Street beginning at the west line of North 20th Avenue to a point 117 feet westerly therefrom, and to specially assess the cost and expense of making said improvement 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. 1563 is hereby referred to and made a part hereof for further particulars in respect to the boundaries of said Special Improvement District No. 520, the estimated cost of said improvements and the method of assess- ing the same against the property of said District; and WHEREAS, notice of the passage of said Commission Resolution No. 1563 was duly published, as re- quired by law, in the Bozeman Daily 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 I WHEREAS, within the time provided by law and said published and served notice, certain of the property owners protested the creation of said proposed Special Improvement District No. 520, and the City Comm- ission was in regular session on the 14th day of March, 1973, at one fifteen o'clock p.m. of said day, at the Commission Chamber in the City Hall Building in said City of Bozeman, 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; that the City Commission did unanimously adopt said Resolution No. 1563 in spite of said protests, all in accordance with the provisions of Section 11-2206, Revised Codes of Montana, 1947. as amended; 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 COMMISS ION OF THE CITY OF BOZEMAN: Sectionl That said special improvement district No. 520 of the City of Bozeman. State of Montana, be, and the same hereby is created for the purpose of making the improvements as in said Resolution of Intention No. 1563 and hereinafter described. Section 2 That the said special improvements be. and the same are hereby ordered to be made in said Special Improvement District No. 520 as follows: CONSTRUCTING AND INSTALLING AN ASPHALTIC CONCRETE PAVING, INTEGRAL CURB AND GUTTERS, NECESSARY APPURTENANCES THERETO, ALSO CONSTRUCTION AND IN- STALLATION OF NECESSARY STORM DRAINAGE PIPE. DITCHES, INLETS. MANHOLES AND OTHER APPURTENANCES TO '!HE STORM DRAINAGE SYSTEM ON NORTH 20TH AVENUE FROM MAIN STREET TO THE NORTH LINE OF WEST BEALL STREET AND ON A PORTION OF WEST BEALL STREET BEGINNING AT THE WEST LINE OF NORTH 20TH AVENUE TO I A POINT 117 FEET WESTERLY THEREFROM. Sec tion 3 That the entire cost and expense of making the special improvements herein referred to in said Special Improvement District No. 520 shall be paid by Special Improvement District Coupon Bonds. as authorized by the laws of the State of Montana, which bonds shall be in denomination of One Hundred Dollars ($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. 520 Fund". said bonds to be redeemable at the option of the City of Bozeman. Montana. whenever funds are available for that purpose from said Special Improvement District No. 520 Fund; said bonds shall draw interest at a rate not to exceed seven COMMISSION RESOLUTION NO. 1567 --.-.". 444: percent (7%) 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 improvements, a special assessment shall be levied against all of the lands within said Special Improvement District No. 520 as in said Resolution of In- tention No. 1563 defined. Section 4 Said assessment and taxes shall be payable in twenty (20) annual installments extending over a I period of nineteen (19) yea~with interest on deferred payments; but this provision shall not be con- strued 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~ the engineer in charge of such improvement for the City, or upon the entire completion of the improvements and the acceptance thereof by the City Commiss- ion. Sec tion 7 That upon completion of plans and specifications by the City Engineer for the doing of said work and the making of said improvements, the Clerk of the City Commission of the City of Bozeman, Montana, be, and is hereby directed to publish a notice inviting proposals for the making of said improvements on said Special Improvement District No. 520. which Notice shall refer to the plans and specifications on file, by publishing such notice in two (2) issues of the Bozeman Daily Chronicle, a daily newspaper printed and published in the city of Bozeman, not less than ten (10) days before the time such bids will be opened. PASSED AND ADOPTED by the Commission of the city of Bozeman at a regular session thereof held on I the 21st day of March. 1973. WILLIAM E. GRABOW, Mayor ATTEST: t.~ __/' / fee; c<'"'kL /. (./;~. :,?,~"g FY' ERNA V. HARDtNG, / Clerk of the City Commission State of Montana County of Gallatin City of Bozeman I. Erna V. Harding, Clerk of the Commission of the City of Bozeman, do hereby certify. that the foregoing Resolution No. 1567 was published by title and number in the Bozeman Daily Chronicle. a Newspaper of general circulation print- ed and published in Bozeman in the issue of 23 March 1973 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 2nd day of April. 1973. c,) // c'- /:/ ~ I ".-' ", ,~'OO "A:" ,,0',.. ,1/ (>., {-1~/~--' ~ 4; ./...- ..1? ERNA V. HARD_ NG. /' Clerk of the City Commission COMMISSION RESOLUTION No. 1567 . -.--