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HomeMy WebLinkAboutResolution 1478 Special Improvement District 504 217 '<" "~ COMMISSION RESOLUTION NO.~ ..~ ... ....--, A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN CREATING ...~ A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 504 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRU- CTING AND INSTALLING AN ASPHALT-CONCRETE TYPE PAVEMENT, TOGETHER WITH INTREGAL CONCRETE CURBS AND GUTTERS AND NECESSARY APPURTENANCES THERETO, TOGETHER WITH NECESSARY STORM DRAINAGE FACILITIES APPURT- ENANT TO SUCH PAVING ON THAT PORTION OF WEST ASPEN STREET AND WEST I TAMARACK STREET LYING BETWEEN NORTH FIFTH AVENUE AND NORTH SEVENTH AVENUE. ************~AAA~******** WHEREAS, at a regular session of the Commission of the City of Bozeman, State of Montana, held on the 14th day of July, 1971, the said Commission duly passed Commission Resolution No. 1476 de- claring it to be the intention of the said Commission to create a special improvement district to be known and designated as Special Improvement District No. ,504 of the said City for bhe purpose of constructing and installing a pavement project and the construction of intregal concrete curbs and gutters and necessary appurtenances thereto, together with necessary storm drainage facilities appurtenant to such paving on that portion of West Aspen Street and West Tamarack Street lying between North Fifth Avenue and North Seventh Avenue, 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. 1476 is hereby referred to and made a part hereof for further particulars in respect to the boundaries of said Special Improvement District No. 504, the estimated cost of said improvements and the method of assessing the same against the property of said District; and WHEREAS, notice of the passage of said Commission Resolution No. 1476 was duly published, as required 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 I having been made of the publication and service of said notice; and WHEREA&, 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. 504, and the City Commission was in regular session on the 4th day of August, 1971, at one o'clcok 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 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 COMMISSION OF THE CITY OF BOZEMAN: Section 1 That said Special Improvement District No. 504 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. 1476 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. 504 as fo~lows: CONSTRUCTION AND INSTALLATION OF AN ASPHALT-CONCRETE TYPE PAVEMENT TOGETHER WITH INTREGAL CONCRETE CURBS AND GUTTERS AND NECESSARY APP~NANCES THERETO, TOGETHER WITH NECESSARY STORM DRAINAGE FAC- ILITIES APPURTENANT TO SUCH PAVING ON THAT PORTION OF WEST ASPEN STREET AND WEST TAMARACK STREET LYING BETWEEN NORTH FIFTH AVENUE AND NORTH SEVENTH AVENUE. I See tion 3 That the entire cost and expense of making the special improvement herein referred to in said Special Improvement District No. 504 shall be paid by Special Improvement District Coupon bonds as authorized by the laws of the State of MOntana, which bonds shall be in denomation of one-hundred dollars ($100.00) each, and fractions or multiples thereof where necessary, to be issued and charge- able against a fund to be known as "Special Improvement District No. 504 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. 504 Fund; said bonds shall draw interest at a rate not to exceed six percent (6%) per annum, which shall be chargeable as a part of the cost of SPECIAL IMPROVEMENT DISTRICT NO. 504 --.. -.. - 218 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. 504 as in said Resolution of Intention No. 1476 defined. Section 4 Said assessment and taxes shall be payable in twenty (20) annual installments extending over a period of nineteen (19) years, with interest on deferred payments; but this provision shall not be I 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 pro- ceeds 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 improvement for the City, or upon the entire completion of the improvements and the acceptance there- of by the City Commission. Section 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 Qirected to publish a notice inviting proposals for the making of said improvements on said Special Improvement District No. 504, 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 news- paper printed and published in the City of Bozeman, not less than ten (10) days before the time such bids will be open. PASSED AND ADOPTED by the Commission on the fourth day of August, 1971 I ATTEST: 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 the foregoing Commission Resolution No. 1478 was published by title and number in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City in the issue of 27 August 1971, 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 13th day of September 1971. ~~/'~6 I Erna V. Harding, Clerk of the City Commission COMMISSION RESOLUTION NO. 1478 .~- .. --. ~._-- - ..-.. . ..._,,_..~