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HomeMy WebLinkAboutResolution 857 Creating SID 397 for Pavement Project on North Willson Ave. 181 COM~nSSION RESOLUTION NO. 857 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNuWN AS SPECIAL IM~ROVEMENT DIS- TRICT NUMBER 397 OF THE CITY OF BoZEMAN FOR THE PURPOSE OF CONSTRUCTING I AND INSTALLING A PAVEMENT PROJECT ON NORTH WILLSON AVENUE FROM VILLARD STREET TO SHORT STREET IN SAID CITY, WHEREAS, At a regular session of the Commission of the City of Bozeman, State of Montana, held on the luth day of July, 1957, the said Commission duly passed Commission Resolution No. 851 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. 397 of the said City for the purpose of constructing and installing a pavement project on North Willson Ave- nue from Villard Street to Short 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. 851 is hereby referred to and made a part hereof for further particulars in respect to the boundaries of said Special Improvement District No. 397, 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. 851 was duly published, as required by law, in the Bozeman Daily Chronicle, a daily news- paper 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 corpor- ation 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, Within the time provided by law and said published and served notice there were not sufficient protests against the proposed work and against the crea- tion of said proposed Special Improvement District No. 39'7; and the City Commission I 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, or both, or either; and it further appearing that 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: See tion 1 That said Special Improvement District No. 397 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. 851, and hereinafter described. Section 2 That said special improvements be, and the same are, hereby ordered to be made in said Special Improvement District No. 397 as follows: CONSTRUCTlNG AND INSTALLING A PAVEMENT pROJECT ON NORTH WILLSON AVENUE FROM VILLARD STREET TO SHORT STREET, SAID pAVEMENT pRuJECT TO INCLUDE THE CONSTRUCTION AND INSTALLATION OF CONCRETE CURBS, CRUSHED GRAVEL BASE, CRUSHED GRAVEL CUSHION COURSE, BITUMINOUS SURFACE COURSE, AND O'l'HER 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. 397 shall be paid by Special Improvement District Coupon Bonds, as authorized by the laws of the State of Montana I which bonds shall be in the denomination of One Hundred Dollars ($lOO.OQ) each, and fractions or multiples thereof where necessary, to be issued and chargeable against a fund to be known as "Special Improvewent District No. 397 Fund", said bonds to be redeemable at the option of the City of Bozeman, Montana, whenever funds are avail- able for that purpose from said Special Improvement D1strict No. 397 Fund; said bonds shall draw interest at a rate not to exceed six percent (6%) per annum, which shall be chargeable ~s a part of the coat 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. 397 as in said Resolution of Intention No. 851 defined. 182 Sec tien 4 Said assessment and taxes Shall be payable in twenty (2v) 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 tkre. Section 5 That the City Engineer be, and he is hereby, directed to prepare plans and I 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 contractors, for such work, and sucn payment may be made either, from time to time, on estimates made by the engineer in charge of such improve- ment for the City, or upon the entire completion of the improvements 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 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. 397, which notice shall refer to the plans and specifioations on file, by publisning 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 Buch bids will be opened. Passed and adopted by the Commission of the City of Bozeman at a regular session thereof held on the 7th day of August, 1957. ~~ ~/?; .$T( , ayor ATTEST: I ~ "/~ /'- .-~~~-~/ C~~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 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 Beal of my office this 13th day of August 1~57. ~~ .E... ,""7 /,- ~ -~~~~~-.~ _./ lerk 0 the Commission I