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HomeMy WebLinkAboutResolution 969 Special Improvement District 415, Paving .108 COMMISSION RESOLUTION NO. 969 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NUMBER 415 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTffirCTING AND IN- STALLING A PAVEMENT PROJECT ON WEST MAIN STREET FROM THE WEST LINE OF SOUTH EIGHTH AVENUE AND SAID LINE EXTENDED TO THE WESTERLY CITY LIMITS OF THE CITY OF BOZEMAN WHEREAS, At a regular session of the Commission of the City of Bozeman, State I of Montana, held on the loth day of February 1960, the saId Commission duly passed Commission Resolution No. 968 declaring it to be the intention of said Commission to create a special improvement district to be known and designated as Special Improvement District No. 415 of said City for the purpose of constructing and in- stalling a pavement project on West Main Street from the West line of South Eighth Avenue and said line extended to the Westerly city limits of the City of Bozeman and to specially assess a portion of the entire cost and expense in making said improvements within the said District and by virtue of the provisions of the laws of the State of Montana, in such case made and provided, the remaining portion of such cost being borne by the Montana State Highway Commission, as is more parti- cularly set forth in said Commission Resolution No. 968, and said Commission Res- olution No. 968 is hereby referred to and made a part hereof for further partioulars in respect to the boundaries of said Special Improvement District No. 415, 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. 968 was duly published, as required by law, in the Bozeman Daily Chronicle, a daily newspaper of general circu!ation 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 day 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 cre- ation of said proposed Special Improvement District No. 415; and the City Commis- sion was in regular session on the 2nd day of March, 1960, 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 I upon ail 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. 415 of the City of Bozeman, Stat. of Montana, be, and the same is hereby, created for the purpose of making the improvements as in said Resolution of Intention No. 968 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. 415, as follows: CONSTRUCTING AND INSTALLING A PAVEMENT PROJECT ON WEST MAIN STREET FROM THE WEST LINE OF SOUTH EIGHTH AVENUE AND SAID LINE EXTENDED TO THE WESTERLY CITY LIMITS OF THE CITY OF BOZEMAN Section 3 That the portion of the entire cost and expense of making the special improve- ments which is to be borne by the property owners within the said District 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 thereof where necessary, to be issued and chargeable against a fund to be known as "Special Improvement District No. 415 Fund", saia bonds to be redeemable at the option of the City of Bozeman, Montana, whenever I funds are available for that purpose from said Special Improvement District No. 415 Fund; said bonds shall draw simp!e interest at a rate not to exceed six percent (6%) per annum, which shall be chargeable as a part of the cost of said improve- ments 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 a portion of the cost of said improvement, a special assessment shall be levied against all of the lands within said Special Improvement District No. 415 as in said Resolution of Intention No. 968 defined. Section 4 Said assessment and taxes shall be payable in ten (10) annual installments extending over a period or-nine (9) years, with interest on deferred payments; but this provision shall not be construed to prevent full payment at any time. ------ - - - -------------.--.---.--..-".-..-..------.- .-.....-.-- -.tou Section 5 That pursuant to the provisions and authority conferred by Section 11-2232 and Section 11-2271, 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 pay. ment 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 Commission. I Section 6 That the City Commission of the City of Bozeman shall designate, and it does hereby so designate, the Montana State Highway Commission of the State of Montana as its agent to prepare plans and specifications for the doing of said work and the making of said improvements, and to prepare and publish notices inviting proposals for the furnishing of material and the doing of said work and the making of said improvement in Special Improvement District No. 415, which notices shall refer to the plans and specifications prepared by the Montana State Highway Commission and on file therewith, by publishing such notice in two issues of the Bozeman Daily Chronicle, a daily news- paper printed and published in the City of Bozeman, not less than ten (10) days before the time such bids will be opened, which shall be at the time and place designated in such notice, and the said City Commission of the City of Bozeman does hereby author- ize the said Montana State Highway Commission to do the things above stated on its behalf and as its agent. Passed and adopted by the Commission of the City of Bozeman at a regular session thereof held on the 2nd day of March A. D. 1960. s/ Arnold M. Swanson -- Ma yor - ., - ATTEST: "" - ~~~~ ~ ... .~ .e!'__of the y Commission - ~ ~ - ~ - - ~ ~ ~ - State of Montana ) I ') 8S County of Galla tin) I, C. K. Wilson, Clerk of the Commission of The City of Bozeman, do hereby certify that~the foregoing Commission Resolution No. 969 was published by title and number in thB Bozeman Daily Chronicle, a newspaper of general circulation printed and published ir.Lsaid City in the issue of the 3rd day of March, 1960, and due proof of such pub!ication is on fi!e in my office. IN WITNESS WHEREOF I hereunto set my hand and affix the rorporate seal of my office this 8th da:r of March, 1960 ({? 1. ilY~~ C~erk 0 the City Commission ~ - - - ~ ~ - ~ - - - I