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HomeMy WebLinkAboutResolution 1455 Creation of Special Improvement District No. 499 173 COMMISSION RESOLUTION NO. 1455 ,-"'~~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNWN AS SPECIAL IMPROVEMENT ,.~ DISTRICT NO. 499 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRU- CTING AND INSTALLING AN ASPHALTIC-CONCRETE TYPE PAVEMENT TOGETHER WITH INTREGAL CONCRETE CURBS AND GUTTERS AND NECESSARY APPURTENANCES THERETO ON THAT PORTION OF NORTH SEVENTEENTH AVENUE FROM WEST BEALL I TO DURSTON ROAD, TO INCLUDE WEST BEALL STREET FROM EXISTING PAVEMENT ON WEST BEALL, WEST OF NORTH SIXTEENTH AVENUE TO EXISTING PAVEMENT BETWEEN NORTH SEVENTEENTH AND NORTH EIGHTEENTII AVENUES. WHEREAS, at a regular session of the Commission of the City of Bozeman, State of Montana, held on the 6th day of January, 1971, the said Commission duly passed Commission Resolution No. 1450 declaring 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. 499 of the said City for the purpose of constructing and installing a pavement project and the construction of intregal concrete curbs and gutters and necessary appurtenances thereto on that portion of North Seventeenth Avenue from West Beall to Durston Road, to include West Beall Street from existing pavement on West Beall, West of North Sixteenth Avenue to existing pavement between North Seventeenth and North Eighteenth Ave- nues, and to specially assess the entire 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. 1450 is hereby referred to and made a part hereof for further particulars in respect to the boundaries of said Special Improvement District No. 499, 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. 1450 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 I 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. 499, and the City Commission was in regular session on the 27th day of January, 1971, at one o'clock 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. 499 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. 1450 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. 499 as follows: CONSTRUCTION AND INSTALLATION OF AN ASPHALTIC-CONCRETE TYPE PAVEMENT TOGETHER WITH INTREGAL CONCRETE CURBS AND GUTTERS AND NECESSARY APPUR- TENANCES THERETO ON THAT PORTION OF NORTH SEVENTEENTH AVENUE FROM WEST BEALL TO DURSTON ROAD, TO INCLUDE WEST BEALL STREET FROM EXISTING I PAVEMENT ON WEST BEALL, WEST OF NORTH SIXTEENTH AVENUE TO EXISTING PAVEMENT BETWEEN NORTH SEVENTEENTH AND NORTH EIGHTEENTH AVENUES. Section 3 That the entire cost and expense of making the special improvements herein referred to in said Special Improvement District No. 499 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. 499 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. 499, Fund; said bonds shall draw interest COMMISSION RESOLUTION NO. 1455 -_.- 174 at a rate not to exceed six percent (6%) per annum, which shall be chargeable as apart 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. 499 as in said Resolution of Intention No. 1450 defined. Section 4 Said Assessment and taxes shall be payable in twenty (20) annual installments extending over I a period of nineteen (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 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 directed to publish a notice inviting proposals for the making of said improvements on said Special Improvement District No. 499, which notice shall refer to the plans and specifications on file, by publishing such notice in two (2) issues of the Bozeman Daily Chron- icle, 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 a a \regular I on the 27th day of January, 1971. D ATTEST: j~:/ ~... -(::~, L E~~-?~'./H{~i~~:k, I7 Clerk of the City Commission City of Bozeman ) County of Gallatin:ss State of Montana ) I, Erna V. Harding, Clerk of the City Commission of The City of Bozeman, do hereby Certify, that the foregoing Resolution No. 1455 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 the 1st day of February and due proof is on file in my office. IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my hand and affix the corporate seal of my office this 2nd day of February, 1971. I COMMISSION RESOLUTION NO. 1455 - ,-- .---. . . --