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HomeMy WebLinkAboutResolution 904 Creating SID 404 ')l"f ~...,'jJ ) COMMISSION RESOLUTION NO. 904 A RESOLUTION OF THE CITY COMMISSION OF THE OITY OF BOZEMAN CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS S~EOIAL IMPROVEMENT DISTRICT NUMBER 4u4 OF THE 01 TY OF BOZ FMAN FOR THE PURPOSE OF CON'" STRUCTING AND INSTALLING A PAVEMENT PROJECT ON SOUTH FOURTH A VENUE FROM WEST GRANT STREET TO WEST LINCOLN STREET, IN SAID CITY WHEREAS, at a regular session of the Commission of the City of Bozeman, State of I Montana, held on the 16th day of April A. D. 1958, the said Commission duly passed Commission Resolution No. 892 declaring it to be the intention of the said Commission to create a special improvement district to be known and designated as Special Improve- ment District No. 4U4 of the said City for the purpose of constru.cting a.nd installing a pavement project on South Fourth Avenue from West Grant Street to West Lincoln Street, and to specia.lly assess the entire cost and expense of making said improvement against the property wi thin said Dis trict "under and by virture of the provlaions of the laws of the State of Montana, in such case made and provided and said Commission Resolution No. 892 is hereby referred to and made a part hereof for further particulars in respect to the boundaries of said Special Improvement District No. 404, the estimated cost of said improvement and the method of assessing the same against the property of said Dii:: trict; . and WHEREAS, notice of the passage of said Commission Resolution No. 892 was duly published, as required by law, in the Bozeman Daily Chronicle, a daily newspaper of gen- eral 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 pub- lication and service of said notice; and vrnERE.t\S, a t the time provided for hearing on said Resolution No. 892 protests suff- icient to preclude the creation of said District, were received, but the hearing on the same was continued and when next heard on May 14, 1958, by virtue of the withdrawal of certain protests, there were not sufficient protests against the proposed work and against the creation of said proposed special improvement district; 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: I See tion 1 That said Special Improvement District No. 404 of the City of Bozeman, State of Montana, be, and the same is hereby, created for the purpose of making the improvements as in said Resolution of Intention No. 892, and hereinafter described. Section 2 The t said special improvements be, and the same a re, hereby ordered to be made in said Special Improvement District No. 404 as follows: CONSTRUC TING AND INSTALLING A 1:'A VEMENT PR)JECT ON SOUTH FOURTH AVENUE FROM WEST GRANT ST!mET TO WEST LINCOLN STREET, SAID PAVEMENT pROJECT TO INCLUDE COMBINATION CONCRETE CURBS AND GUTTf<~RS, GRAVEL BASE COURSE, CRUSHED GRAVEL CUSHION COURSE, BITUMINOUS SURFACE COURSE, SUCH STORM SEWER APPURTENANCES AS REQUIRED, AND OTHER WORK INCIDENTAL 'l1HERETO Section 3 That the entire cost and expense of making the special improvements herein referred to in said Special Improvement District No. 4U4 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 ($lOO.OO) each, and fractions or multiples thereof where necessary, to be issued and chargeable against a fund to be known as "Special Improvement District No. 404 Fund", said bonds to be redeemable at the option of the City of Bozeman, Montana, whenever funds 8.re available for that purpose framsaid Special Improvement District No.4u4 Fund; said bands shall draw simple interest at a rate not to exceed six percent a%) per annum, which shall be chargeable as a part of the I cost of said improvements and shall run from the date of the registration of said bonds until said bonds are paid. To pa y said banda, and the interes t thereon, representing the cost of said improvement, a special assessment shall be levied against all of the lands within said Sprcial Improvement District No. 404 as in said Resolution of Intention No. 892 defined. Section 4 Said assessment and taxes shall be payable in twenty (20) annual installments ex- tending 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. ..-.--- - .... --.-. ~Y">7 j.""JJ See tion 5 That the City Engineer be, and he 1s hereby, directed to prepare plans and speci- fications for the doing of said work and the making of said improvements. Section 6 Tha~ pursuant to the provisions, and authority conferred by Section 11-2232, Re- vised Codes of Montana, 1947, said bonds may be sold to the highest and best bidder therefore for cash, and the proceeds of such sale used in making payment to the con- I tractor, or cons trac tors, for such work, and such pa ymen t maybe made ei ther 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. 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 Comm- ission of the City of Bozeman be, and is hereby, directed to publish a notice invit- ing proposals for the furnishing of material and the doing of the vo rk and the making of said improvement on said Special Improvement District No. 404, which notice shall refer to the plans and specifications on file, by pu.blishing such notice in two (2) 1 S:'11J8S 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 session thereof held on the 14th day of May 1958. -;4:?~L~ .. -----....J Ma yor ATTEST: ~~~~ lerk of the City Commission State of Montana ) I ) as County of Galla tin ) I, L. G. Shadoan, Clerk of the Commission of the City of Bozeman, do hereby certify that the foregoing Resolution No. 904 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 May 23 rd, 1958, and due proof of such publication is on file in my office. IN WITNESS WHEREOF I hereunto set my hand and affix the corpora te seal of my office this 26th day of May, 1958. ~/ ,~~~ erk of the Connnission I Resolution No. 904 - - - -""