HomeMy WebLinkAboutResolution 1170 Creates SID No. 448
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COMMISSION RESOLUTION NO. 11'10
A RESOLUTION OF THE CITY COMN'ISSION OF 'JRE CITY OF
BOZEMAN CREATING A S.PECIAL IVPROVEMEN'r DISTRICT TO
BE KNOWN AS S.PECIAL DtPROVEMENT DISTRICT NO. 44e
OF TlfE CITY OF BoZEMAN FOR THE .PUR.POSE OF CONSTRUCT-
ING AND INSTALLING A PAVEMENT PROJECT ON SuUTH TRACY
AVENUE FRoM A FaINT 249.7 FEET SOUTHERLY OF THE 3) U'lH
LINE OF CLEVELAND STREET TO SOUTHERLY LINE OF GARFIELD I
STREET, AND ON EAST GARFIELD STREET FROM THE EASTERLY
CURB LINE OB' SOUTH WILLSON AVENUE TO THE JUNCTION WITH
SO UTH TRACY A WNW.
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WHEREAS, a t a regular se ssion of the Commissi on of tne City of Bozeman,
State of Montana, held on ~he 25th day of Nov. , 1964, the said Commission
duly passed Comm:1.s sion Resolution No. 1161 declaring it to be the intention
of the said Commission to create a special improvement district to be known
and designs ted as Special Improvement DiS tr1ct No. 44e of tne said City for the
purpose of cons tructing and instsJ...Ling a paveme nt project on south Tracy Avenue
fro,m a point 249." feet southerly of the SouthLlm of Cleveland Street to
southerly J..lne of Garfield Street, and on East Garf1eld Street froml.he easterly
curb line of South Willson Avenue to t he junction wi1n Soum Trtlcy Avenue, and
to speC1al.lY assess the entire cost l:i.nd expense of making sald :bnprovements
against the property wi thin said District under and by vlrtue of the provisions
of the laws of the State of M0ntana in such case made &nd provided~ and said
Commission Resoiut10n No. llbl is hereby referred to ~d made a part hereof for
further particulars in respect to the boundaries of said Special. Improvement
District No. 448, ~he estlaated cost of said improvements and the method of
asses sing the same agains ~ tne prope rty of said Dis tric t; and
WHEREAS, notice of the passage of said 60mmiss10n Resolution No. 1161 was
duly pUbl.isned, as re4.uired by law, in the Bozeman Daily Cbron 1cle, a daily news-
paper of general circul.ation pr:inted and published in the City of Bozeman, Montana,
and by sending a copy of such no tice by U. S. Mail to each person, t;l~D1!. or cor p-
oration haVing property within ttle proposed District at his or its l.est known
address, upon the same date the t such notice was firs t pubiisned as a1'oresa1d,
and due proof having been made of the pubiication and service of said notice; and
WHEREAS, within ttle time proVided by law and said publ1shed and served notice I
there were not suffioient protests against the creation of said proposed Special
Improvement Distrlct No. 448, and the City vommission was in regular session on
the day of , 196 , at ane 0 t clock p.m. of said day, at tne
Commission Cn&muer in the City Hall Building in the said vi ty of Bozeman, tne 8&11e
being the time and place designated in said notice for passing upon all protests,
if any, against the proposed work or against me creation or extent of said
Dlstrlc t, or bo th or ei the r; l'ind it fur ti.l.er appea ri ng t.tS. t a J..l of tne proceedings
for the oreation of said District have been lawfu.L and regul.ar;
NOW, THEREFORE, BE IT RESOLVED BY 'mE COMMISSION OF TEE CITY OF BJZEMAN:
Section 1
That said Speci~l Improvement District No. 448 of the City of Bozeman, State
of Montana, be, and the same is hereby created for the purpose of making the im-
provemen ts as 1n said Resolution of In tent10n No. 1161 and hereinafter described
Sec t10n 2
That said special improvements be, and the same are, hereby ordered to be
made in said Special Improvement District No. 44~ as foil.ows:
CONSTRUCTION AND INSTALLATI'm OF AN ASl'RALTIC-CONCRETE
PAVEMENT PROJECT WITH INTREGAL CONCRETE CURBS AND
GUTTERS AND NECESSARY STORM DRAINAGE WITH THE NECESSARY
APPURTENANCES rfu SAID PA~ffiN~, CURBS AND GUTTERS AND
STORM DRAINAGE ON SOUTH TRACY J1VENUE FRvM A FOINT 24~ .'1
FEET SOUTHERLY OF THE SOUTH LINE OF' CLEVELAND STREET Tv
SOUTHERLY LINE OF GARFIELD STREE'l', AND ON EAST GARFIELD
STREET FROM THE EASTERuY CURB LINE vF SOU'hi WILLSON I
AVENUE TO THE JUNCTION WITH SOUTH TRACY AVENUE.
Section :5
That the entire cost and expense of.making the special improvement herein
referred to in Baid Special Improvement District No. 448 shall be paid by Spec~al
Improvement Distr1ct Coupon Bonds, as authorized by the laws of the State of Montana
which bonds shall be in denomina ti"n of One Hundred Dollars ($lUU.OU) each, and
fractions or multiples thereof where necessary, to be issued and chargeable against
a fund to be known as "Special. ID'!provement D1s trict No. 448 Fund", said bonds to be
redeemable at the option of the Vity of bozeman, Montana, whenever funds are avail-
able for that purpose from said Special Improvement Distrlct No. 448 Fund; said
bonds sha.Ll draw inferest at a rate not to exceed six percent (6%) per annum, which
shall be ohargeabl.e as a port of the cost of said improvements and Shall. run from the
date of the registration of said bonds unt~l said bonds are paid 1." d
· 0 pay sai bonds,
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and the interest thereon, representing the cost of said improvements, a special
assessment shall be levied against all of the lands witnin said Special Improvement
District No. 448 as in said Resolution on Intention Bo. 1161 defined.
Section 4
Said assessment and taxes shaLl be payabl.e in twenty
(2U) annual installments
extending over a period of nineteen (19)
years, with interest on deferred payaents;
I but this provision shall not be construed to prevent fuLl plyment at any tine.
Section 5
That the City Engineer be, and he is hereby directed to pr~are plans and
specifications for the doing of said work ad the making of said improvements.
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 tbS highest bidder tneretor for c
for cash, and tne proceeds of such sale used in making pay~nt to t he con tractor,
or oontrao tors, for suoh work, and such payment na y be made either from time to
time on estimates nede by the engineer in onarge of such improvetrents for the
Ci ty, or uBon the entire compLetion of tne improvements and the acceptance there'"
of by the ity Oommission.
Section 7
Too t upon completion of plans ani spe cifi cs tions by the Ci ty Engineer for 'the
doing of said work and the making of said improvements, the Clerk of the City
Commission of the Vityof Bozeman, Montana, be, and is hereby directed to pubLiSh
a notice inv1 tlng proposals for the making of said improvements on said Special
Improvement D1striot No. 448, which notice shall refer to tleplans and specifications
on file, by publishing such noti ce in two (2) iesues of tne Boz enan Daily Chronicle,
a daily newspaper printed and publiShed in t;D3 1ty of tiozeman, not less than ten
(lu) days before the time such bids will be opened.
PASSED AND ADO.PTED by the Commission of the
of Bozeman at a regular
session thereof held on the
day of 196
.
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ATTEST
Clerk of the City Commission
Due to the number
that were protesting on the Linear Foot basis the ResolutIon
was changed to square foot basis.
Resolution No.1180declar'ng it to be the
'n tenti on of the 01 ty of Bozeman to
create district Yo. 448 was substituted for No.1170
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