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Home My WebLink AboutResolution 888 Creating SID 403 - ... -- ..------ -... - ---.----- :'!~ l!) COM~ISSION RESOLlnION NO. 888 ' A RESOLUTION OF THE CITY COMTUSSION OF 'rHE CI'rY OF BOZE;\1AN CREA'rING A SPECIAL IMPROVEMENT DISTPICT rro BE KNOWN AS SPECIAL IMPROVEMENT DIs'rRIc'r ~JlJJVIBER 403 OF 'rHE CIT-'! OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLIT\fG A PA VEME"'JT PROJECT ON SOUTH BOZEi\1.A:"J A VENUE FROM EAs'r KOCH STREE'r 'ra EAST STORY STREl~T AND ON EAST KOCH STREET FROM SOUTH BOZE:v'!AN AVENUE TO LINELEY PLACE IN SAID CITY WliEREAS, at a reg'llar ses s ion of the COmfl1is 3ion 0 f the C1 ty of Bo zertan, Sta te of Montana, held on the 26th da;T of February 19:;3, the said Commission ddy passed Commis- 1 sion Resolution No. BB6 declar3_ng it to be the intention of' the said Commission to create a special ir.1provement di, strict to, be" 1m 0, wn and designated as Special Improvement Dlstrict No. 403 of the said City for the purpose of constructtng and installing a pavement pro- ject on Sout~1 Bozeman Avenue from East Koch Street to East Sbry Street and on East Koch Street fro'1l South Bozeman Avenue to L:tndley Place, and to specially B,;sess the entire cos t and expense of maki;'1g said improvemen t against the property wi thin 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. l)d6 is hereby referred to and made a part hereof' for further particulars in respeut to the boundaries of said S-oecial Im- provement District No. 403, 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 Commis~don Resolution no. 886 was duly pl.lb- < lished, as required by law, in the Bozeman Daily Chronicle, a daily newspaper of general circu18 tion -orinted 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, within the time provided by law and said published Bnd served notice there were not sufficient nrotests against the proposed work and against the creation of said proposed Special Irrrprovement District No. Lln3: and the Gity Comnlission was in regular session on the 19th day of March 1958, at one o'clock P.M. of said day, at the Commis- sion Cha!:tber in the City HaIl 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 creatio~r extent of said Distriet, or both, or either; and it further appeari~g that all of the proceedin~s for the creation of said District have been lawful and regular; NOVi, 'rHEREFOR8, BE IT RESOLVED BY THE COMMISSION OF THE CI'rY 01.1 BOZEMAN: I SECTION 1. That said Special Improvement .LJistrict No. li03 of the City of B-:Jzeman., State of Montana, be and the same is hereby created for the pu> pose of making the in1- provements as in said Resolution of Intention No. 386, and hereinafter described. SECTION 2. That said special improvements be, and the same are, hereby ordered to be made in said Special Imnrovement District No. LI03 as follows: CONS'PRIJC'rHJG AND INSTALLING A PAVEMEN'r PROJECT ON SOnrPH BOZE]VIAN AVENUE FRor.~ EAST KOCH STWmT TO EAST STORY STRE.~T AND ON EAST KOCH STREET FROM soU'rH BOZD:MAN AVENUE TO LINDLEY PLACE TO INCLUDE THE CONS'rRlJCTION AND INSTALLA'rION OF COMBINATION CONCRE~E CURBS AND GU'l"PERS, GRAVEL BASE COUPSE, CRUSHED GRAVEL CUSHION COUI~SE, 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. hO) shall ~e paid by Special Improvement District Coupon Bonds, as authorized by the laws of' the State of Montana, which bonds shell be in the denomination of One Hundred Dollars (~lOO.OO) each and frac- tions or multiples thereof where necessary, to be issued and charge&ble against a fund to be known as "Sp:::cial ImDrovement District No. ~03 Fund", said bonds to be redeemable at the option of the City of Bozemen, Montana, whenever funds are available for that purpose from said Special Improvement Distriet No. l.J03 Fund; said bonds shall draw in- terest at a rate not to exceed six percent (6%) per annum, which shall be chargeable 8S a part of the cost of said i'1.provements and shall run from the date of the registration of said bonds until said bO;lds are paid. 'ro pay said bon-is, and the interest thereon, rep- resenting the cost of said improve~ent, a special assessment shall be levied agalnst all of the lands within said Special Improvement District No. LtO:~ as in said Resolutio~ of Intention No. 3J6 defined. SECTION 4. Said assessment and taxes shall be payable in twenty (20) annual in- stallments extending over a period of nineteen (19) years, with interest on deferred pay- 'I ments; but this provisions shall not be construed to prevent full payment a, t any ti, me. SECTION 5. That the City Engineer be, and he is hereby, directed t:) prepare plans ans specifications for the doing of said work and the making of said improvements. SECTION o. That Dursuant to the pvosisions, and authority conf(~rred by Sectionll-2232, Revised Codes of Honhma, 19Lc7, said bonds may be sold to the highest and best bidder there- for for cash, and the proceeds of such sale used in making pay:nent to the cont ractor, or contractors, for such work, Hnd 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 thereof by the City CI)mmission. SECTION 7. That upon completion of' plans and specifications by the City Engineer for the doing of said work and the making of said i1provements, the Clerk of the City Commtssion of the Ci ty of Bozeman be, and 1s hereby, directed to publish a notice in- --..--- -...--...-- ....-.-.-.----... ~~10 vi tbg proposals for the furnishin8: of mB terial and the doing of the work and th~ making of said icrprov~nent on said Special Improvement District No. L[O), which notice shall refer to the plans and specifications on file, by publishing such notice in two ( 2) issues of the Bozeman Daily Chronicle, a daily neWS!)Bper printed and Dublished in the C1 ty of Bozeman, not less than ten (10) days before the time such bjds will be opened. Passed and adoDted by the Commission of the Ci ty of Bozeman Ht a rei~:;.llar session thereof held on the 19th day of March, 19S8. Attest: .~cJ)~ I ,?/4~~~ Clerk of the City Commission State of Man tan a ) County of GallBtln ) sa I, L. ,., Shadoftn, C10rlc at" the ~ommis s 1:Jn of 'rhe City of Bozemrm, do hereby certify '-". that the foregT~l'lE: Resolution WHS published by title and num,Jer in the Bozemnn Daily Cllronicle, a newspaper of general circ~,.:tlation, printed and Dublished in said City in the issue of March 21st, 19SG, and due proof of such publication is on file in ~y office. IN 'r1I'rNESS ','IHEFEOF. I hereunto set my hand and affix the corporate seal of my office this 24th day of March, 1958. ~~ ~ ,'7~/ ~~~ Cl:e k of the City' Commiss lon I I Reso1ut ion No. i:3i:3b