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HomeMy WebLinkAboutResolution 1087 Creates SID No. 433 .-------...----- ..--.----.----..--..--.....-.". 204 COMMISSION RESOLUTION NO. 1087 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 433 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING A PAVEMENT PROJECT ON NORTH NINTH AVENUE FROM THE SOUTH STREET LINE OF WEST BEALL STREET TO THE SOUTH LINE OF DURSTON ROAD, ALSO FROM THE EAST LINE OF ELEVENTH A VENUE NORTH TO THE CENTER LINE OF I SEVENTH AVENUE NORTH. WHEREAS, at a regular session of the Commission of the Gity of Bozeman, State of Montana, held on the 21st day of August, 1963, the said Commission duly pas sed Commis s ion Resolu tion No. 1083 declaring it to be the in ten ti on of the said Commission to create a special improvement district to be known and designated as Special Improvement District No. 433 of the said City for the purpose of constructing and installing a pavement project on North Ninth Avenue from the South Street Line of West Beall Street to the South Line of Durston Road, also from the East Line of Eleventh Avenue North to the center line of Seventh Avenue North, 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. 1083 is here- by referred to and made a part hereof for further particulars in re s pe c t to the boundaries of said Special Improvement District No. 433, the e s tima ted cost of said improvements and the methof of assessing the same against the property of said District; and WHEREA S , notice of the passage of said Commission Resolution No. 1083 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 be 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 pro- psed Special Improvement District No. 433, and the City Commission was in I regular session on the 18th 4ay of September, 1963, at one o'clock p.m. of said day, at the Comml.ssion (,,;hamber 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: Sec tion 1 That said Special Improvement District No. 433 of the City of Bozeman, State of Montana, be, and the same is hereby, created for the purpose of making the improvements as in said Resolution of Intention No. 1083 and hereinafter described. Section 2 That said special improvements be, and the same are, hereby ordered to be made in said Special Improvement District No. 433 as follows: CONSTRUCTION AND INSTALLATION OF A PAVEMENT PROJECT ON NORTH NINTH A VENUE FROM THE SOUTH STREET LINE OF WEST BEALL STREET TO THE SOUTH LINE OF DURSTON ROAD, ALSO FROM THE EAST LINE OF ELEVENTH AVENUE NORTH TO THE CENTER LINE OF SEVENTH AVENUE NORTH, SAID PAVEMENT PROJECT TO INCLUDE CONSTRUCTION AND INSTALLATION OF A STORM SEWER LINE, COMBINATION CONCRETE CURBS AND GUTTERS, GRAVEL BASE COURS, CRUSHED GRAVEL CUSHION C01JRSE, AND AN ASPHAL'l'IC -CONCRETE TYPE S1JRFACE COURSE. I Section 3 That the entire cost and expense of making the special improvement herein referred to in said Special Improvement District No. 433 shall be paid by Special Improvement District Coupon Bonds, as authorized by the laws of the State of Montana, which bonds shall be in the 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. 433 Fund", said bonds to be redeemable at the option of the City 205 of Bozeman, Mon tana , whenever funds are available for that purpose from said Special Improvement District No. 433 Fund; said bonds shall draw interest at a rate not to exceed six percent (6%) per annum, whicb shall be chargeable as a part of the cost of said improvements and shall run~rom 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, sha.L..I. be .Lsv..Led against all of the lands wi thin said Special Improve- ment District No. 433 as in said Resolution of Intention No. 1083 defined. I Section 4 Said assessment and taxes shall be payable in twenty (20) annual install- ments 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 prepars plans and specifications for the doing of said work and the making of said improve- men ts . Sec tion 6 Tha t pursuan't to the provisions and au thori ty conferred by Section 11-2232, Revised Codes of Montana 1947, said bonds may be sold to the highest bidder therefor for cash, and the proceeds of such sale used in making pay- ment 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. 433, which notice shall refer to the plana and specifications on file, by publishing such notice in two (2 ) issues of the Bozeman Daily ChronicLe, a daily newspaper printed and I published in the City of Bozeman, not less then ten (10) days before the time such bids will be opened. PASSED AND ADOPTED BY THE COMMISSION OF THE CITY OF BOZEMAN at a regular session thereof held on the 18th day of September, 1963. sf Fred M. Staudaher ATTEST: s~ C. K. Wilson Cler of the City'Commission - - - - - - - - - S ta te of Mon tana ) County of Gallatin) sa City of Bozeman ) I, C. K. Wilson, Clerk of the Commission of The City of Bozeman, do hereby certify the foregoing Resolution No. 1087 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 24th day of September, 1963, and due proof of such publication 1s on file in my office. IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my office this 26th day of September, 1963. I t#~d~~~/ Clerk 0 the City ommission - - - - - - - - -