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HomeMy WebLinkAboutResolution 954 Creating SID 412 'Irq t. .).. COMMISSION RF~OLUTION NO. 954 A RESOLtTION OF Tb~ CITY C01~ISSION OF THE CITY OF BOZEMAN CREATING A SPECIAL IMFROVl."'MEN7 DISTRICT TO BE KNO\'iN AS SPECIAL IMPROVEMENT DISTRICT NO. 412 6F THE CITY OF BOZEMA."')" fOR TEE PURPOSE OF CO:NSTRUCTING AND INST ALLIJ\G A PAVEMENT PROJECT ON \'{!~ST BEALL, STREET FROM NORTH FIFTH AVF.Ji!UE TO 1WRTH SEVE.'NTH AVENUE IN SAID CITY I WHEREAS, at a regular session of the Commissior. of the City of Bozeman, State of Montena, held on the 24th day of June A. D. 1959, the said Commission duly rassed Commjssion Resolution No. 952 of the said City for' the purpose of c::mstructing and instelling !3 pwement project on livest Berll Street from North Fifth Avenue to North Seventh Avenue, and to specially aSsess the entire cost and expense of making said improvements against the prorerty wj thin said District under and by virw.e of the provisions of the 1ews of the State of Montana in such case made and provided, and said Commission Resolution No. S'52 is hereby referred to end made a pert hereof for further particulars in respect to the boundaries of said Special Inlpr'ovement District No. 412, the estimated cost of' said improvements fI_nd the method of assessing the same against the property of said District; and WHEREAS, notice of' the passage of said Commission Resolution No. 952 was duly f'ublished, as required by law, in the Bozeman Deily Chronicle, a daily newspaper of genersl circulation printed end published in the City of Bozeman, Montma, and by sending; a copy of such notice by U. S. mail to each person, firm or corporation havinE Froperty wi thin the prorosed District a t his or l ts last known address, upon the same ds_te that such notice was first published as aforessid, and due proof having been made of the publication and service of said notice; and WHEREAS, within the time provided by law and seid published and served notice there were not sufficient protests ag8inst the creation of said proposed Special Improvement District No. 412, and the City Commission was in regular session on the 15th <:1ey of July A. D. 1959, at one o'clock p.m. of said dair, at the Commission Chamber in the City Hell building in the said City of Bozeman, the same beinG the time and. p19_ce designated in sa.id notice for passing upon all protests, if any, against the proposed work or against the creation or extent of saie. District, or both or either; and it further appearing that all of' the proceedings f,r the creation of said District have been lawful and regular; NOW, THERE:rOR~.:, BE IT RRSOLVED BY THR COMMISSION OF TEE CITY OF BOZEWJiN: Sec tion 1 That said Special Improvement District No. 412 of the City of Pozeman, State of Montana, be, and I the seme is he reby, created for the purpose of making the improvements as in said Resolution of Inter~tion No. 952 and hereinafter described. Section 2 That said special improvements be, and the S9lIle are, hereby ordered to be made in said Special bnprovement District No. 412 as follows: CONS TRUGX ION OF' A PAVEMf::NT PROJECT ON WEST BEALL STREEl' FROM NOR TH HFTE AVENUE TO NORTH SJ<.NEN TIT AV~UE, SAID PROJECT TO INC!...Ui.-.E TEE CONSTRUCTION AND lNSTALl,ATION OF COMBINATION CONCRETE CUR3S AND GUTTERS, GRAVEL BAS~ COlTRSB, CRUSHED GRAVEL CUSHION GOTJIISE, B IT'CMINOUS SURFACE Cm) SE AND OTHER ViORK INCIDENT..AL TH"8~TO Sec tion 3 That the entire cost and expense of makinz t..he special impr:Jvements herein referred to in said Special Improvement District No. 412 shall '8e paid by Special Improvement District Coupon Bonds, as author- ized by the laws of the Stete of Mont.nne, which bond. shall be in the denomination of One Hundred Dollars ($100.00) each, and fractions or multiples thereof where necesst'1ry, to be issued end chargeable against a fund to be known as "Specbl Improverr.ent District No. 412 Fund", said bonds to be redeemable at the option of the City of Bozeman, Montana, whenever i'ttnds are aveilable for that purpose from Eaie Srech1 Improvement District No. 412 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 cost of said improvements and shall run f'rom the date of the registration of said bonds until said bonds are paid. To pay seid bonds, and the in-':'erest the"eon, representin!:~ the cost of s8id improvements, 8. sFecial assessment shall be levied Bbajnst all of' the lands wi thin sai d :::pecial Improvernent District :No. 412 as in sBle. Resolution of Intention No. 952 defined. Sec tion 4 I Said assessment and taxes shall be payable in twenty (20) annuBl installment~ el{~endinE over a period of' nineteen (19) years, with interest on deferred payments; butthis provision shell n:Jt; be co1".- strui-Od to :t,revent fu11 paYIlIent at any tin.e. Section 5 'lhRt the City En&irif':'er be, and he is hereby, <'lirected to prepare plans and specifications for the doing; of said work and the makinG of spid improvements. -" :r,o Section € Thl'l t pursuemt to the provisions and ~uthori ty conferred by Secti on 1l-2232~ Revised Cod es af MontAna, 1947, said bonds mey be sold to the highest Rnd best bidder therefor for cesh, end the pro- ceeds of such sale used in making payment to the contractor, or contractors~ for such work, and SOld, payment may be made either from time to t~ne on estimates made by the engineer in charge of such improvements f:)r the City, or upon the entire completion of the improvements end the acceptance thereof by the Ci ty Commission. Section 7 Ihet UrOl~ co.t:lpleticll of llans and specifications by t.he City ::;r,gineer for thE chint; of said work I wid the makinc of said improve.ments, the Cl~rk of tl.le City (;orrudssiorl :)f the City of Bozemor" be, and is hereby, directed to publish e. notice invitinG l'1"OpoSl1l8 fOl' the makinG of sni.d improvements on said Sfiecial Improvement District No. 412) which notice stHll refer t.o tbe rlans end specifications on file, by pablishin( such notice in two (2) issues of the Bozeman Daily Chror,icle, !'\ ddl;y newspaper frinted and I'ublished in the City of 20Zemf\D> hot less there ten (10) days before the th1,e such b ids will ~)e opened. Passed 9.nd adOf.ted hy t,l1e Commission of the City of Boz€men at a regular session ther,~of' held on the 15ti> day of July A. D. 1955. ~ ~ . .' ~ ... 1 {'.II\,' .. 1:': - - - - ~-, yOI' A1'TEST: Clerk qA~i~C'~/ State of ~~ntan8 ) C t f"llt. \ ss oun y 0 ua B In ) I, c. Y. Wilson, Clerk of the COIT',Inission ,)f the City of ~ozem8n, do hereby cert5.fy thAt the fore- Going: Commission Rpsohltion Ko. 954 was }ublished b;y title aEd n:JJ:nb~r ir !;he Bozeman !In.ily Chronicle, a newsraper of geueral c1rculrtion pI'iLted Bnd published in se5d Git~ 5~ the issu~ of ~uly Z12t, 19E9, end due proof 0f such rublioation is on fila in my office. IN 1NJTfESS WHFJREOF I hereunto set ,r,y hfAnd ano afnx the corporete seal of my office this ;:::2h.d dey I. of July, 1959. e,?;;:d ~~~.../ Clerk 0 he Connrdssiol: I Hesolution No. 954