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HomeMy WebLinkAboutResolution 855 Creating SID 394, Pavement Project on South Fourth Avenue 177 COMMISSION RESOLUTION NO. 855 A RESOLUTION OF' THE CITY C01~EISSIDN OF THE CITY OF BOZEMAN CitEATING A SPECIAL I\~Ff.{OVEMENT DISTRICT I-TUMBER 394 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CON- STRUCTING AND INSTJI,LLING A PAVE~~ENT PRO.JECT ON SOUTH FOTffiTH AVBNUE FROM WEST GARFIELD STREET TO WEST GRANT STREET IN SAID CITY I WHEREAS, At a regular meeting of the Commission of the City of Bozeman, State of Montana, held on the 3rd day of July, 1957, the said Commission duly passed Commission Resolution No. 847 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. 394 of' the said City f'or the purpose of constructing and installing a pavement project on South Fourth Avenue from West Garfield Street to West Grant Street, 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 State of Montana, in such case made and provided and said Commission Resolution No. 847 is hereby referred to and made a part hereof for further particulars in respect to the boundaries of said Special Improvement District No. 394, the estimated 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. 847 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 by sending a copy of such notice by U.S. Mail to each person, f'irm or corporation hav- ing property within the proposed District at his or its last known address, upon the same da te that such notice was first published as aforesaid; and due proof hav- ing been made of the public8.tion 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. 394; and the City Commission was in regular session on the 31st day of July, 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, I 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: Section 1 That said Special Improvement District No. 394 of the City of Bozeman, S ta te of Montana, be and the same is hereby created for the purpose of making the improve- ments as in said Resolution of Intention No. 847, and hereinafter described. Section 2 That said special improveMents be, nnd the same are, hereby ordered to be made in said Special Improvement District No. 394 as follows: CONSTRUCTING AND INSTALLING A PAVEMENT PROJECT ON SOUTH FOURTJII AVENUE FROM WEST GARFIELD STREET TO WEST GRANT STREET, SAID PAVEMENT PROJECT TO INCLUDE COMBInATION CONCRETE CURBS AND GUTTERS, GRAVEL BASE COURSE, CRU~mED GRAVEL CUSHION COURSE, BITUMINOUS SURFACE COURSE, A~m SUCH STORM SEWER APPURTENANCES AS REQUIRED, A ND OTHER WORK THC IDE}TTAL THERETO. Section :3 That the entire cost and expense of making the special improvements herein referred to in said Special Improvement District No. 394 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. 394 F'und", said bonds to be redeemable at the option of the City of Bozeman, Montana, whenever f'unds are avail- able for that purpose from said Special Improvement District No. 394 Fund; said I bonds shall draw simple interest at a rate not to exceed six percent (6%) per annum, which shall be chargeable as a part ~f 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 the cost of said improvement, a special assessment shall be levied against all of the lands within said Special Improvement District No. 394 as in said Resolution of Intention No. 847 defined. Section 4 Said assessment and taxes shall be payable in twenty (2U) 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. 178 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 tllerefor for cash, and the proceeds of such sale used in making payment to the contra.ctor, or contr.8.ctors, for such work and SlJch payment may be made either, from time to time on es tima tes m8de by the engineer In charge of such improverr:ent for the Ci t:r, or l.:tpon the entire completion of the improvements and the acceptance thereof by the City Commission. I 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 in vi ting proposals for the furnishing of ma ter1al and tl1e doing of the work and the making of said improvement on said Special Improvement District No. 394, which notice shall refer to the plans and suecifications on file, by publishing 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) days before the time such bids will be opened. Passed and adopted by the Commission of the Ci ty of Bozeman a t a regular session thereof held on the 7th day of August, 1957. ~/--~~ .ayor ATTEST: ~ ' ... .~';;.f-e~~~ 'tl . of the Ci ty Commission Sta ta of Montana ) I County of Gallatin) ss I, L. G. Shadoan, Clerk of the Commission of The City of Bozeman, do hereby certify that the foregoing Resolution was published by t1tie and number in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City in the issue of August 9th, 1957, and that due proof of such publication is on file in my office. IN WITNESS WHEREOF, I hereunto set my hand and affix the corporate seal of my office this 13th day of August 1957. ~// "~-----e"'~~~ e"'~~_,/ ( ark of the Commissron I COMMISSION RESOLUTION NO. 855