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Home My WebLink AboutResolution 842 Creating SID 390, Pavement Projects l:~!} COMMISSION RESOLUTION NO. 842 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZ1!."'MAN CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOVrN AS SPECIAL IMPROVEMENT DISTRICT NUMBER 390 OF THE CITY OF BOZEMAN FOR THE l'URPOSE OF CONSTRUCTING AND INSTALLING A PAVEMENT PROJECT ON SOUTH CYPRESS AVENUE FROM EAST MAIN STREET TO EAST BABCOCK STREET, ON EAST BABCOCK STREET FROM SOUTH CYPRESS AVENUE TO SOUTH AYLSWORTH AVENUE, ON I SOUTH AYLSWORTH AVENUE FROM EAST BABCOCK STREET TO EAST CURTISS STREET, AND ON EAST CURTISS STREET FROM Th"E SOUTHEAST CORNER OF BLOCK "D" OF MARWYN REARRANGE- MENT TO THE NORTH-SOUTH CENTER LINE OF BLOCKS uBn AND "e" OF MARWYN REARRANGEMENT, IN SAID CITY WHEREAS, At a regular session of the Commission of the City of Bozeman, State of Montana, held on the 8th day of May, A.D. 1957, the said Commission duly passed Commission Resolution No. 836 declaring it to be the intention of the said Commission to create a special improvement district to be known and designated as Special Improve- ment District No. 390 of the said City for the purpose of constructing and installing a pavement project on South Cypress Avenue from East Main Street to East Babcock Street, on East Babcock Street from South Cypress Avenue to South Aylsworth Avenue, on South Aylsworth Avenue from East Babcock Street to East Curtiss Street, and on East Curtiss Street from the Southeast corner of Block ttD'" ':)f Marwyn Rearrangement to the north-south center line of Blocks "B" and "e" of Merwyn Rearrangement, and to specially assess the entire cost and expense of making said improvement against the property within said District under and by virtue of the provisions of the Laws of I the State of Montana, in such case made and provided and said Commission Resolution No. 836 is hereby referred to and made a part pereof for further particulars in respect to the boundaries of said Special Improvement District No. 39U, the e s ti- mated cost of said improvement and the method of assessing the same against the property of said District; and WHEREAS: Notice of the passage of said, Commission Resolution No. 836 was duly published, as required by law, in the Bozeman Daily Chronicle, e daily 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 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: Wi thin 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. 390; and the City Com- I mission was in regular sedsion on the 29th 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 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: 1.10 Section 1 That said Special Improvement District No. 390 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. 836, and hereinafter described. I Section 2 ~lat said special improvements be, and the same are, her~by ordered to be made in said Special Improvement District No. 390 as follows: CONSTRUCTING AND INSTALLING A PAVEMENT PROJECT ON SOUTH CYPRESS AVENUE FROM EAST MAIN STREET TO EAST BABCOCK STREH:T, ON EAST BABCOCK STREET FROM SOUTH CYPRESS AVENUE TO SOUTH AYLSWORTH AVENUE ON SOlJTH AYLSWORTH AVENUE FROM EAST BABCOCK STREET TO EAST CURTISS STREET, AND, ON EAST CURTISS STREET FROM THE SOUTHEAST CORNER OF BLOCK ttD" OF MARWYN RE.. ARRANGE'MENT TO THE NORTH-SOUTH CENTER LINE OF BLOCKS "B" AND "e" OF MARWYN REARRANGEMENT, SAID PAVEMENT PROJECT TO INCLUDE firE CONSTRUCTION AND INSTALLATION OF NECESSARY STOR~ SEINER DRAINAGE, COMBINATION CONCRETE CURBS AND GUTTERS AS REQUIRED, GRAVEL BASE COURSE AS REQUIRED, CRUSHED GRAVEL CUSHION COURSE, AND BITUMINOUS SURFACE COURSE AND OTHER WORK INCIDENTAL THERETO. Section 3 That the entire cost and expense of making the special improvements herein referred to in said Special Improvement District No. 390 shall be paid by Special Improvement District Coupon Bonds, as authorized by 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 agalnst a fund to be known as "Special Improvement District No. 390 Fund", said I bonds to be redeemable at the option of The City of Bozeman, Montana, whenever funds are available f'or,that purpose from said Special Improvement District No. 390 Fund; said bonds shall draw sitple interest at a rate not to exceed six percent (6%) p er 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, repre- senting the cost of said improvement, a special assessment shall be levied against all of the lands within said Special Improvement District No. 390 as in said Resolution of Intention No. 836 defined. 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 prepare plana and I specifications for the going 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 contractors, for such work, and such payment may be made either COMMISSION RESOLUTION NO. 842 141 from time to time, on estimates made by the engineer in charge of such improvement for the Oity, or upon the entire completion of the i-nprovements and the acceptance thereof by the City Commission. Section 7 I That upon completion of plans and specifications by the Oity 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 improvement on said Special Improvement District No. 390, which notice shall refer to the plans and specifications on file, by publishing such notice in two (2) issued of the Bozeman Daily Chronicle, a daily newspaper printed and published in the Oity 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 29th day of May 1957. 4//1( ~ --- Mayor ATTEST: · .. I .#~~' Clerk of the City Commission State of Montana ) ss County of Gallatin ) I, L. G. Shadoan, Clerk of the Commission 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 printed and published in said Ci ty in the issue of Ma y 31s t, 1957, and the t due proof of such publica tion is on file in my office. IN WIT~mSS WHEREOF, I hereunto set my hand and affix the corporate seal of my office this 31st day of May, 1957. ~~. -~~... /' roe Cornm ss on . I COMMISSION RESOLUTION NO. 842