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HomeMy WebLinkAboutResolution 1457 Creation of Special Improvement District No. 501 177 COMMISSION RESOLUTION NO. 1457 ~ "'-./.,( ~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN CREATING ...,~~ A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT "co _ "~ ~~. DISTRICT NO. 501 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRU- -. CTING AND INSTALLING AN ASPHALT-CONCRETE TYPE PAVEMENT, TOGETHER WIre INTREGAL CONCRETE CURBS AND GUTTERS AND NECESSARY APPURTENANCES THERETO, ON A PORTION OF SOUTH SIXTEENnI AVENUE. I WHEREAS, at a regular session of the Commission of the City of Bozeman, State of Montana, held on the 13th day of January, 1971 , the said Commission duly passed Commission Resolution No. 1452 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. 501 of the said City for the purpose of constructing and installing a pavement project and the construction of intrega1 concrete curbs and gutters and necessary appurtenances thereto on a portion of South Sixteenth Avenue and to specially assess the entire cost and expense of making said improvement against the property within said Dis- trict 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. 1452 is hereby referred to and made a part hereof for further particulars in respect to the boundaries of said Special Improvement District No. 501, 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. 1452 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 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. 501, and I the City Commission was in regular session on the 3rd 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 fur- ther 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: Sec Hon 1 That said Special Improvement District No. 501 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 Inten- tion No. 1452 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. 501 as follows: CONSTRUCTION AND INSTALLATION OF AN ASPHALT-CONCRETE TYPE PAVEMENT, TOGETHER WITIt INTREGAL CONCRETE CURBS AND GUTTERS AND NECESSARY APPURTENANCES THERETO, ON A PORTION OF SOUTH SIXTEENTH AVENUE. That the entire cost and expense of making the special improvement herein referred to in said Special Improvement District No. 501 shall be paid by Special Improvement District Coupon Bonds, as authorized by the laws of the State of Montana, which bonds shall be in denominations of one hundred dollars ($100.00) each, and fractions or multiples thereof where necessary, to be issued and charge- I able against a fund to be known as "Special Improvement District No. 501 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. 501 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 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. 501 as in said Resolution of Intention No. 1452 defined. COMMISSION RESOLUTION NO, 1457 -- -..'" 178 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 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. I Sec tion 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 accept- ance 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. 50i, 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 Bozema held on the 3rd day of February, 1971. ATTEST: / .....,y-, ~ I ,,-',/,... ,0 -' ~ ...,/,.'. c. .',' , .~ ., "~. ,. ".c" . J"J- ,','~ ,.""'" ~~ 'J:. < 1h-1 ... . /'7'V"4 I!~ .-? ?ZP ERNA V. HAID>ING // 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. 1457 Was published by title and number in the Bozeman Daily Chronicle, a newspaper of genera1circulation printed and published in said City in the issue of the 8th 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 offie this 16th day of February, 1971. .-, // /."./)", L ( --' /" c'-.. hi '-:" n~& ,,- ;;,(ht:?: -:7 Erna V. Hartling, Clerk of theCityCommission I COMMISSION RESOLUTION NO. 1457 - ..-