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HomeMy WebLinkAboutResolution 1073 Creates SID No. 428 111 4'WJ COMMISSION RESOL U'llluN Nu. 10'/3 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN CREATING A S~ECIAL IM~RO\~MENT DISTRICT TO BE KNOWN AS SPECIAL IM~ROVE~mNT DISTRICT NO. 428 OF THE CITY OF BOZEN~N FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING A PAVEMENT PRO,TECT ON SOUTH WILLSON AVENUE FROM GRANT STREET TO SPRING I CREEK ROAD. WHEREAS, at a regular session of the Commlss1on of tne City of Bozeman, State of Montana, held on the 27th day of March, Lg 63, the said Commission dUly passed Commission Resolu tion No. 1067 declaring it to be the Inten tion of the said Commission to create a special improvement district to be known and designated as Special Improvement District No. 428 of the said City for the purpose o:.f constructing and installing a pavement project on South Willson Avenue from G~?t Street. to Spring Creek Road, and to specially assess the el?tire cost and\expense of making said improvements aginst the property within said District un~er and by virtue of the provisions of the laws of the State of Montana in suc~ case made and provided, and said Commission Resolution No. 1067 is hereby'referred to and made a part nereof for further particulars in respect to the boundaries of said Special Improvement D1strict No. 42~, 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. lU67 was duly published, as reyuired by law, in the Bozeman Daily Chronic.Le, a dai.LY 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 tne same date that such notice was first pubLisned as aforesaid, and due proof naving been made of tne publication and service of said notice; and WHEREAS, Wi thin the time provided by Law and said published and served notice there were not sufficient protests against the creation of said pro- posed Special Improvement District No. 428, and the City Commission was in I regular session on the 17th day of April, A.D. .LY63, at one o'clock p.m. of said day, at the Commission Chamber in the City Hall Bui.Lding 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 e1theD; and it further appearing that all of the proceedings for the creation of said District have been lawful and regular; NOW, THEREPORE, BE Iff RESOLVED BY THE COMMISSION OF THE CITY OF BOZEMAN: Section 1 That said Special Improvement District No. 428 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. 1067 and here- inafter described. Section 2 That said Special improvements be, and the same are, hereby ordered to be made in said Special Improvement District No. 428 as follows: CONSTRUCTION AND INSTALLATION OF A PAVEMENT PROJECT ON SOUTH WILLSON A VENUE FROM GRANT STREET TO SPRING CREEK ROAD, SAID PAVE~ffiNT PROJECT TO INCLUDE CON- STRUCTION AND INSTALLATION OF A STORM SEWER LINE, COM- BINATION CONCRETE C1ffiBS AND GUTTERS, GRAVEL BASE COURSE, CRUSHED GRAVEL CUSHION COURSE, AND BITUMINOUS S\JRFACE COURSE. I Section 3 That the entire cost and expense of making tne special improvement herein referred to in said Special Improvement District No. 428 shall be paid by Spec- ial Improvement District Coupon Bonds, as authorized by the laws of the State of Montana, which bonds shill be in the denomination of One Hundred Dollars ($lOu.UO) each, and fractio~ or multiples thereof where necessary, to be issued and chargeable against a fUJ)d to be known as "Spect9l Improvement District No. 428 Fund", said bonds to.be-rede.ema.b.1.e.._a;ttthe _ option of the Ci ty of Bozeman, Montana, whenever funds are available for that purpose from said Special Improvement District No. 428 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 172 ,OW" 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 a~l of the lands within said Special Improvement District No. 428 as in said Resolution of Intention No. 1067 defined. Section 4 Said assessment and taxes shall be payable in twenty (2u) annual install- ments extending over a period of nineteen (HI) years, with interest on defer- red payments; but this provision shall not be construed to prevent full payment I a t an y time. See tion 5 That the City Engineer be, and he is hereby directed to prepare p~ans and specifications for the doing of said work and the making of said improve~ men ts . 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 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 improve- ments 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, dir- ected to publish a notice inviting proposals for the making of said improve- ments on said Special Improvement District No. 428, which notice shall refer to the plans and specifications on fl1e, by publishing such notice in two (2) issues of the Bozeman Daily Chronicle, a daiiY newspaper printed and publi- shed 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 t a regular session thereof held on the 17th day of April A. D. 1963. I sf Fred M. Staudaher Ma yor ATTEST: sf c. K. Wilson Clerk of the City Commission --~---- State of Montana ) County of Galla tin} Ss. Ci ty of Bozeman } I, C. K. Wilson, Clerk of the Commission of the City of Bozeman, do hereby certify that the foregoing Resolution No. 1073, was publi- shed by title and number in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City in the issue of April 22nd, 1963, and due proof of such publication is on file in my office. IN WITNESS WHEREOF I hereunto set my hand I and affix the corporate seal of my office this 24th day of May, i963. ~~4;b1l'-<) Clerk of ety Conpniss ion - - -..--- - - - --