HomeMy WebLinkAboutResolution 844 Creating SID 391, Pavement Project on West Hayes Street
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COMMISSION RESOLUTION NO. 844
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN CREATING
A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT
DISTRICT NUMBER 391 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF
CONSTRUCTING AND INSTALLING A PAVEMENT PROJECT ON WEST HAYES STREET
FROM SOUTH WILLSON AVENUE TO SOUTH SIXTH AVENUE, IN SAID CITY.
I WHEREAS, A t a regular session of the Cornnl1s sion of the Ci ty of Bozeman, Sta te
of Montana, held on the 22nd day of May, A.D. 1957, the said Commission duly passed
Commission Resolution No. 837 declaring it to be the intention of the said Commis-
sion to create a special improvement district to be known and designated as Special
Improvement District No. 391 of the said City for the purpose of constructing and
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installing a pavement project on West Hayes Street from South Willson Avenue to
South Sixth Avenue, 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 the St8te of Montana, ln such case made and provided,
and said Commission Resolution No. 837 is hereby referred to and made a part hereof
for further particulars in respect to the boundaries of said Special Improvement
District No. 391, the estirrated cost of said improvement and the method of assessing
the same against the property of said District; and
WHEREAS: Notice of the passage of sa id Commission Resolu.tion No. 837 was duly
published, as rewuired 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
sending 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 its last known address, upon the
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same da te the t 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 cre-
ation of said proposed Special Improvement District No. 391; and the City Commission
was in regular sess:ion on the 19th day of June, 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
protes ts, if any, against the proposed work or against the creation or extent of
said District, or both, or ei ther; and it further appearing tha t all of the pro-
ceedings for the creation of said District have been lawful and regular; NOW,
THEREFORE,
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF BOZEMAN:
I SECTION 1
That said Special Improvement Distrlct No. 391 of the City of Bozeman, State
of Montana, be and the saYJ"e is hereby created for the purpose of making the im-
provements as in said Resolution of Intention No. 837, and hereinafter described.
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See tion 2
That said special improvements be, and the same are, hereby ordered to be
made in said Special Improvement District No. 391 as follows:
CONSTRUCTING AND INSTALLING A PAVEtlliNT PROJECT ON WEST HAYES STREET
FROM SOUTH WILLSON AVENUE TO SOUTH SIXTH AVENUE, SAID PAVEMENT PROJECT
TO INCLUDE COMBINATION CONCRETE CURBS AND GUTTERS, GRAVEL BASE COURSE, I
CRUSHED GRAVEL CUSHION COURSE, AND BITUMINOUS SURFACE COURSE AND OTHER
WORK INCIDENTAL nfERETO.
Section 3
That the entire cost and expense of making the special improvements herein
referred to in said Special Improvement District No. 391 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 (~flOO .00)
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. 3'91 Fund",
said bonds to be redeemable at the option of the City of Bozeman, Montana, when-
ever funds are available for that purpose from said Special Improvement District
No. 391 Fund; said bonds shall draw simple interest at a rate not to exceed six
percen t (6%) per annum, which shall be chargeable as a part of the cost 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 all of the lands within said Special Improvement District No. 391 as in
said Resolution of Intention No. 837 defined. I
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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 tiU1e.
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 aale used in making payment to
the con trac tor, or con trac tors, for such work, and such pa ymen t ma y be made
either, from time to time, on estimates made by the engineer in charge of such
improvement for the City, or upon the entire completion of the improvements and
the acceptance thereof by the City Commission. I
See tion 7
That upon completion of plans and specifications by the City Engineer for
the doing of s?id work and the making of s8id improvements, the Clerk of the
City Commission of the City of Bozeman be, and is hereby, directed to publish a
notice inviting propoRals for the furnishing of material and the doing of the
COMMISSION RESOLTnrONS NO. 844
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work and the making of said improvement on said Special Improvement District No.
391, which notice shall refer to the plans and specifications on file, by pub-
lishing such notice in two (2) issued of the Bozeman Daily Chronicle, a daily
newspaper printed and published in The City of Bozeman, not less than ten (10)
I days before the time suxh bids will be opened.
Passed and adopted by the Commission of the City of Bozeman at a regular
session thereof held on the 26th day of June, 1957.
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Ma yor
ATTEST:
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Clerk >/.. /:~2""~~~/
State of Montana ) SS
County of Gallatin )
I, L. G. Shadoan, Clerk of the Commission of The City of Bozeman, do hereby
certify the t the foregoing Resolution was published by t:~tle and number in the
Bozeman Daily Cbronicle, a newsr:-l'1per of general circula tIon printed and published.
in said Ci ty in the issue of July 2nd, 1957, and tha t due proof of such publica tion
is on file in ~y office.
I IN HIT}ffiS2 VTIIEREOF, I hereunto set my hand and affix the corporate seal of my
office this 3rd day of July 1957.
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er 0 the Commission -
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COMMISSION RESOLUTIONS NO. 844
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