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Home My WebLink AboutResolution 1169 Creates SID No. 447 403 COMMISSION RESOLUTION NO. ~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEr~ CREATING A S~ECIAL IM~ROVEME~~ DLSTRICT TU BE KNOWN AS S~ECIAL IMPROVEMENT DISTRICT NO. 447 OF THE CITY OF BOZEMAN FOR THE PUR!-'OSE OF CONSTRUCT- ING AND INSTALLING A PAVEMENT PROJECT ON GREEK WAY, PORTION OF KAGY BOULEVARD AND ON A PORTION OF THIRD I AVENUE SOUTH BETWEEN WEST LINCOLN STREET AND KAGY BOULEVARD. WHEREAS, at a regular session of the Commission of the City of Bozeman, State of Montana, held on the 23rd day of Deoember, 1964, tne said Commission duly passed Commission Resolution No. 116u decLaring it to be -the intention of the said Commission to create a special improvement d1strict to be known and designated as Special Improvement District No. 447 of the said City for the purpose of construoting and installing pavement projeot on Greek Way, a portion of Kagy Boulevard and on a portion of Third Avenue South between West Lincoln Street and Kagy Boulevard, and to speciaLly assess the entire cost ani expense of maki~ said improvements agains t the property within Baid District under and by virtue of the provisions of tne laws of the Sta te of Mon tana in such case made ani provided, and said Commiss1on Resolution No. 116U is hereby referred to an made a part hereof for further particulars in respect to the boundaries of said Special Improvement District No. 447, the estimated cost of said improvements and the method of assess- I ing the same against the property of saId District; am WHEREAS, notice of the passage of said Commission Resolution No. ll6U was duly published, as reouired by law, in the Bozeman Daily Chronicle, a daily news- paper of general circulation printed Hnd 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 ~he proposed District at his or its IHst known address, upon the same date that such notice was first publisiEd 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 agalnst the creation of said proposed Special Improve~ent District No. 447, and ~he City Commission was in regular session on the 23rd day of December, 1864, at one O'Olock p.m. of said day, a~ the Commission Cnamber in the City Hall Building in the sald City of Bozeman, the same bemg the time and place designated in said notice for p:lS~:ing upon all protests, if any, agHinst the proposed work or against the creation or extent of said District, or both or either, I and it ~her appearing that all of the proceedings for tne creation of said District have been lawful and regular; NOW, THEREFORE, BE IT RE&>LVED BY THE COMMISSION OF THE CITY OF roZEMAN: Section 1 That said Special Improvement District No. 447 of the City of Bozeman, State of Mon tana, be, and the same is hereby crea ted l'or the purpose of making the im- provements as in said Resolution of Intention No. 1l6u and hereinafter described. Section 2 4.04 That said special improvements be, and the same are, hereby ordered to be made in said Special Improvement District No. 447 as follows: CONSTRUCrl'ION AND INSTA1.LATION OF AN ASPHALTIC CJNCRETE PAVEMENT, CONCRETE INTREGAL CURB AND GUTTERS, NECESSARY EXCAVATION, GRAVEL BACKFILL AND OTHER APPURTENANT WORK THERETO, ALSO THE CONSTRUCTION AND INSTALLATION OF STORM DRAINAGE PIPE, INCLUDING NECESSARY 'rRENCH EXCAVATION AND BACKFILL, INLETS, MANHOLES AND OTHER NECESSARY APPURT-- 1-' ENANT STRUC'lIURES, ON GREEK WAY, PORTION OF KAGY BOULE- ,. .~",. AND ON A PORTION OF THIRD AVENUE SiUTH BETWEEN WEST LINCOLN STREET AND KAGY BOULEVARD. Section :5 That the entire C')st and expense of making 'the special improvement herein referred to in said Special Improvement District No. 447 shall be paid by Special Improvement Dist/rict Coupon Bonds, as authorized by "tae .LI:tWS of the State of Montana which bonds shaJ.J.. De In denomination of One Hundred Do.ill;:1rs ($.Luv.UU) each, and fractions or multiples tnere,)f Where necessary, to be issued and chargeable agains t a fund to be known as "Specia.i Improvement District No. 44'1 'Fund", said bonds to be redeemable a t the option of the City of Boz ernan, Mon tans, Whenever funds are available for thB t purpose from said Specia.i Improvement Dis tr:tct No. 447 Fund; said bonds shall draw interest a tara te not to exceed six percent (6%) per annum, which shall be chargeab.ie 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 improve- ment, a special assessment s nall be levied agains t a.il of the lands within said I Special Improvement District No. 447 as in said ReSolution of Intention No. l16u defined. Section 4 Said assessment and taxes shall be payable in twenty (2u) annua.i installments extending over a period of nineteen (l~) years, with interes t on deferred payments; but this provision shall not be construed to prevent full payment at any t1me. Section 5 That tne City Engineer be, and he is hereby directed to prepare pl~ns and spec- ifications for the doing of said work and the making of said irnproverrents. Section 6 That pursuant to the provisions and authority conferred by Section .1..L-2232, Revised Codes of Montana 1947, said bonds maybe sold to the highest and best bidder therefor for cash, and the proceeds of such sal.e used in making payment to the con- tractor, or contractors, for such work, ~nd such payment may be made e1ther from time to time on estlma tes made by "the engineer in charge of such improvements for the City, or upon the entire com1J.1.etion of the improvements and the acceptance there-- I of by the City Commission. Section '7 That upon comp~et1on of plans and specifications by the City Engineer for the doing of said work and the making of said improvements, the Clerk of the Ci ty Comm.ission of the City of Bozeman, Montana, be, and is hereby directed to publisu a notice inviting proposals for the making of said improvements on said Special Improvement District No. 447, whicn notice Snai.L refer to the pJ.Bns and specifi- cations on file, by PUblishing such notice in two (2~ issues of the Bozeman 4"05 Daily Chronicle, a G!lly newspaper printed and published in the City of Bozeman, not less tnan ten CLuJ days before the time such bids wi1.l be opened. PASSED AND ADoPTED BY THE COMMISSION of tne City of tlozeman at a regular session thereof held on the I - ~0~~ ATTEST: ? d~ -1' ' :; ",.",...,. - : 1!11erk ~he' ( y . lSSion State of Montana ) County of Gaiiatin) ss. City of Bozeman ) I, Erne V. Harding, Clerk of tne Commission of The City of Bozeman, do hereby certify that the foregoing ReSolution No. 1169, was pubiished by title and number in the Bozeman Daily Chronicle, a newspaper of general circuJ.8 tion printed and published in said Cl ty In the issue of January 3rd, i~65, and due proof of such pub.lication 1s on file in my office. IN WITNESS WHEREOF I hereunto set my band and affix the corporate seai of my office this 9th day of February, 1965. f/~~ ~:~8810n I I