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Home My WebLink AboutResolution 841 Creating SID 389, Pavement Project l'~f .J COMMISSION RESOLUTION NO. 841 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN CREATING A SPECIAL IMPROVE- MENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT mJMBER 389 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING A PAVEMENT PROJECT ON SOUTH GRf.ND AVENUE FROM GARFIELD STREET TO ITS POINT OF INTERSECTION WITH SOUTH THIRD AVENUE, IN SAID CITY II WHEREAS, At a regular session of the Commission of the City of Bozeman, State of Montana, held on the 1st day of May, A.D. 1957, the said Commission duly passed Commis- sion Resolution No. 834 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. 389 of the said City for the purpose of constructing and installing a pave- ment project on South Grand Avenue from Garfield Street to its point of intersection with South Third Avenue, and to specially assess the entire cost and expense of making eaid improvement 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 eaid Commission Resulution No. 834 is hereby referred to and made a part hereof for further particulars in respect to the boundaries of sa.id Special Improvement District No. 389, the estimated cost of said improvement and the method of assessing the eame against the property of said District; and WHEREAS: Notice of the paesage of said Comndaslon Resolution No. 834 was duly published, as required by law, in the Bozeman Daily Chronicle, a daily newspaper of I general circulation printed and published in the City of Bozeman, Montana, and by eending a copy of such notice by U.S. mail to each person, firm or corporation hav- ing property within the proposed District at his or ita 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 proposed work and against the creation of said proposed Special Improvement District No. 389; and the City Commission was in regular session on the 1st day of May, 1957, 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 paesing 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 eaid District have been lawful and regular; NOW, THEREFORE, BE rf RESOLVED BY THE COMMISSION OF THE CITY UF BuZEMAN: SECTION 1 II That said Special Improvement District No. 389 of the City of Bozeman, State of Montana, be and the same is hereby created for the purpose of making the improve- ments as in said Resolution of Intention No. 834, and hereinafter deecr1bed. 1:~7 SECTION 2 That said special improvements be, and the same are, hereby ordered to be made in said Special Improvement District No. 389 as follows: CONSTRUCTING AND INSTALLING A PAVEMENT PROJECT ON SOUTH GRAND AVENUE FROM I GARFIELD STREET TO ITS POINT OF INTERSECTION WITH SOUTH TIIIRDAVENUE, SAID PA~~ENT pROJECT TO INCLTIDE THE CONSTRUCTION AND INSTALLATION OF A STORM SEWER LINE FROM GARFIELD STREET TO LINCOLN STREET, COMBINATION CONCRETE ormBS AND GUTTERS, GRAVEL BASE COURSE, CRUSHED GRAVEL CUSHION COURSE, AND BITUMINOUS SURFACE COURSE AND OTHER WORK INCIDENTAL THERETO. SECTION 3. That the entire cost and expense of making the spec1al improvements herein referred to in said Special Improvement Dietriot No. 389 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 ($lVO.OO) each, and fractions or multiples thereof where necessary, to be issued and charge- able against a fund to be known as "Special Improvement District No. 389 Fund", said bonds to be redeemable at the option of The City of Bozeman, Montana, when- ever funds are available for the t p1JrpOSe from said Specia 1 Improvement Dis trict No. 389 Fundi said bonds shall draw simple 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 I the cost of said improvement, a special assessment shall be levied against all of the lands within said Special Improvement District No. 389 as in said Resolution of Intention No. 834 defined. 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. 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 payment to the contractor, or contraotors, for such work, and such payment may be made either, from time to time, on estimates made by the engineer in charge of such improvement I for the City, or upon the entire completion of the improvements and the acceptance thereof by the City Commission. SECTION ? 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 Com- mission of the City of Bozeman be, and is hereby, directed to publish a notice inviting proposals for the furnishing of material and the doing of the work and the making of said improve~ent on said Special Improvement District No. 389, which notice shall refer to the plans and specifications on file, by publishing such COMMISSION RESOLUTION NO. 841 1~38 notice in two (2) issued of the Bozeman Daily Chronicle, a daily newspaper printed and published in 'rhe 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 at a regular session thereof held on the 22nd day of May, 1957. . ... __.// I 4~ -~~/~ . - Ma yor ATTEST: ~ .---a--~~ Cler 0 e City Commission + Affide vi t for COMvI S~I ON '!:FESOLUTION NO. 839 - Pa p;e 134 -,._._._,......-...~---------........._-~----~_._-~-......_.,~,."...,.,....,--.....'...,_.~.......---- State of Montana ) ss County of Gallatin ) I, L. G. Shadoan, Clerk of the CO"':1mission of The City of Bozeman, do hereby certify the. t the foregolng Notice was published a t length in tr:e Bozeman Daily Chronicle, a news- paper of general circula tion printed and published In s....id ei ty in the issue of May 29th, 1957 tr;r0ugL June 3rd, 1957 and tha t due proof of suct\ pub1ic8 tion is o~ file in my office. IN ViIT1TESSiJTlEREOF, I hereunto set J':1y hand and affix tbe corpora te seal of my ofliee this 4th day of June, 1957. ~~ \J erk of the Commission I + Affidavit for Cmn'IS:'ION RESOLUTION N_O. 840 - PAere 135 State of Montana ) ~s County of Gallatin ) L I, L. G. Shadoan, Clerk of the Commission of The City of Bozeman, do hereby certify that the foregoing Resolution was publlshed by title and number in tbe Bozeman Daily Chronicle, a newspaper of general ctrculation printed and published in said City in the issue of the 24th da y of Ma y, 1957, and tha t due proof of such publica tioD 1s on file in ':11.y office. hand IN WTTNES~: \fvHEREOF, I hereunto set myj.9nd affix I:;]:e corporate seal of my office this 24th day of May, 1957. ~ ,-,- ~ d -4l-:- ..-./ '6 rK of te Commission ... Affidavi t f~_!:.....901~~1_~.:)I ON RESOLlJTION NO. 841 - above State of Montana ) 58 County of Gallatin ) I, L. G. Shadoan, Clerk of the Comm:!.ssion of The City of Bozeman, do hereby certify that the foregoing Resolution was published by title and number :in the Bozeman Daily Chronicle, a newspaper of general circulation pr~nted and published in said City in the issue of the 24th day of May, 1957, and that due proof of such publication is on file in my office. IN WITJIJ'ESS WHEREOF, I hereunto set my hand and affix the corporate seAl of my office this 24th day of May, 1957. ~~ I ------ ~~ . -~,-----=-----./ Cl k of the Commission ," COMMISSION RESOLUTION NO. 841