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HomeMy WebLinkAboutResolution 860 Creating SID 398, Pavement Projects 186 COMYISSION RESOLUTION NO. 860 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NUMBER 398 OF THE CITY OF BoZEMAN FOR THE pURPOSE OF CON- STRUCTING AND INSTALLING A PAVEMENT PROJECT ON VffiST CURTISS STREET FROM SOUTH EIGHTH TO SUUTH TWELFTH A VENUE, ON WEST OLIVE STREET FROM SOUTH EIGHTH AVENUE TU SOUTH TENTH AVENUE, ON SUUTH NINTH AVE- I NUE AND SOUTH TENTH A VENUE FROM WEST MA IN STREET TO WEST KOCH STREET, AND ON SOUTH ELEVENTH AVENUE AND SOUTH TWELFTH AVENUE FRuM WEST ClmTISS STREET TO WEST KOCH STREET, IN SAID CITY. WHEREAS, At a regular session of the Commission of the City of Bozeman, State of Montana, held on the 24th day of July, 1~5?, the said Commission duly passed Commission Resolution No. 853 declaring it to be the intention of the said Commission to create a special improvement district to be known and desig- nated as SpeciaL Improvement District No. 39!j of the said City for the purpose . of constructing and installing a pavement ~roject on West Curtiss Street from South Eighth to South Twelfth Avenue, on West Olive Street from South Eighth Avenue to South Tenth Avenue, on South Ninth Avenue and South Tenth Avenue from West Main Street to West KoCh Street, and on South Eleventh Avenue and South Twelfth Avenue from West Curtiss Street to West Koch Street, and to specially assess the entire cost and expense of making suCh iuprovement a 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 Re!olution No. ~53 is hereby referred to and made a part hereof for further particulars in respect to the boundaries of said Special Improvement District No. 39B, 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. 853 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, 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 I 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. 39!j; and the City Commission was in regular session on the 14th day of August, 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: Section 1 That said Special Improvement District No. 398 of the City of Bozeman, State of Montana, be and the same is hereby created for the purpose of making the im- provements aa in said Resolution of Intention No. 853, 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. 398 as follows: CONSTRUCTING AND INSTALLING A PAVEMENT PRvJECT ON WEST CURTISS STREET FROM SOUTH EIGHTH TO SOUTH TWELFTH AVENlffi, ON WEST ULIVE STREE~ FROM SOUTH EIGHTH AVENUE TO SOUTH TENTH AVENUE, ON SOUTH NINTH A VENUE AND SOUTH TENTH A VENUE FROM WEST !f1AIN STREET TO WEST KOCH STREET, AND ON SOUTH ELEVENTH STREET AND SOUTH TVlELFTH A VENUE FROM WEST CURTISS STREET TO WEST KOCH STREET, SAID PROJECT TO INCLUDE TIm CONSTRUCTION OF COMBINA'l'ION CURBS AND GUTTERS, GRAVEL BASE COURSE, CRUSHED GRAVEL I CUSR;ION COURSE, 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. 398 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 charweable against a fund to be known as "Special Improvement District No. 398 Fund, said bonds to be redeemable at the option of The City of Bozeman, Montana, whenever funds are available for that purpose from. said Special Improve- ment District No. 398 Fund; said bonds shall draw interest at a rate not to exceed six percent (6%) per annum" which shall be chargeable as a part of the IS? 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. 398 as in said Resolution of Intention No. 853 defined. Section 4 I Said assessment and taxes shall be payable in twenty (20) annual installments extending over a neriod of nineteen (19) years, with interest on deferred pa.yments; 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. Sec tion 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, 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 there- of 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 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. 398, 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 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 I session thereof held on the 21st day of August, 1957. 4~~- ayor ATTEST: ~ /. ~/ ~/ - - .. "......~/ .:e;.- ~ ~ 0 ~ Gommission State of Montana ) SSe 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 23rd, 1957, and that due proof of such publication is on file in wy office. IN WITNESS WHEREOF, I hereunto set my hand and affix the corporate seal of I my office this 26th day of August, 1957. ~~ " e"I' 0 e Commission COMMISSION RESOLUTION NO. 860