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Home My WebLink AboutResolution 767A Create SID 380 -.---....-------....-- 48t COMMIS3ION RESOLUTION NO. 767A A RESOLU'rION OF 'rHE CITY COi'.1MISSIJN ,JF THE CITY OF BOZEMAN CRE.A'rDJG A SPECIAL IMPROVE:vUN'r DISTRIc'r TO BE KNO\'IT'T AS SPECIAL IHPROVEMENT DIs'rRIc'r NUM:3ER 380 of' 'rHE CI'rY OF BOZEMAN FOR THE PURPOSE OF CONs'rRuC'rING AND IN~.)TJ\TJLING A PAVEMENT PROJEC'r ON~f()R'rFI 'rPACY NrENUE FROM SHORT STR:8ET 'ro PEACH STRE}<~, SAID PAVEMENT PRO,TEc'r 'ro THCL UDE 'rJ:IE INSTALLl\'rION OF<' CWJSHED GRAVEL BASE C;)URSE, CR1JSHED GRAVEL CUSHION COUPSE AND BITUMINOUS SURFACT COURSE, IN SAID CITY WHEREAS: At a regular session of the Commission of The City of Bozeman, State of I Mon tana, held on the L~th day of August, 19 SLI , the said Commission duly passed Commisslon Resolu.tion No. 767 declaring it to be the intention of the sald Commission to cr'~ate a special improvement district to be known and des:l.gnEitAd as Special Improveillent District No. 380 of' sa:td City for the purpose of constructing and installing a pavement project on North Tracy Avenue from Short Street to Peach Street, said pavement project to include the installation of crushed grevel base course, crushed gravel cushion course, and bi- tuminous surface course, in said City, and to specially assess the entire cost and expense of making said i 1provemen: against the property within soid District 1mder and by virtue of the provisions of Laws of the State of Montana, in such CDse made and provided, and s8.id Commission Resoluti()n No. 76'( is hereby referred to and mac1.e H pOI rt hereof for fur- ther particulars in respect to the ooundaries of said Special Improve:nent District N). 380, the estimated cost of said improvement and the method of assessing the same against the property of said District; and Wi-IEREAS: Notice of the passage of soid Commission Resolution No. 767 was duly pub- lished, as required by law, in the Bozenan Daily Chronicle, a daily newspaper of general circulation printed and published in The City of Bozenan, Montana, and by sendIng a copy I of such notice by U. S. mail to each person, fir~ or corporation having property within the proposed district at his or its last known address, upon the same date that such not ic e was firs t publisllBd as aforesa id; and due proof having been T:lade of the publica- tion and service of said notice; and WHER2:AS : Withln the time provided by law and sald published and served notice there were not sufficient protestsagalnst the proposed work and agaInst the creation of said proposed Special Improvemont District No. 380; and the CIty Commission was in regular session on the 18th day of August, 1954. , at one o'clock P.M. of said day El t the Commis- sion Chamber in the City Hall buildi.ng in the sa.l.d C1 ty of Bo .3eman, the same being the time and pls ce designated in said notice for passing upon all protests, if any, against the proposed work or against the creation or extent of sald District, or both, or either; and it further appearing that all of the proceedings for the creation of sald District hfJve been lawf:.!l and reg.llar; NOY'!, rrHr~REFDRE, BE IT RESOL'/ED BY 'l'HE COfilMIS:.,IOH OF 'f lIE <JI'fY OF BOZEMAN: Section l. That said Special I~prove~ent District No. 3dO of The City of Bozeman, I State of Montana, be and the same is hereby created for the purpose of making the improve- ments as in said Resolutio~ of Intention No. 767, 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. 3UO, as follows: 'rilE C JNS'rPTTC'frOif AND IN:)'fALL/ 'rIO': OF A P AVEH1~N'1' PRU,TEc'r on NOR'rB TRACY AVENUE PROM snOR'r S'l'H lmT TO PEACH s'rREET, SAID PAVEMENT PROJSCT TO INCLUDE: THE INSTAL- LATION 0;;' cn'1SHED GRAIEL BASf~ C'JUR::;E, CRUSHED GRAVEL CUSHION CO URSE AND Err m1- INOUS SURFAC:S COURSE, IN SAID CITY. 482 Section 3. That the entire eost and eXDense of making the special improvements therein referred to in said Special Improvement District No~ 330 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 Dolla rs U,lOO. 00) each, al1d fractions or multiples thereof where necessary, to be issued and chnrgeable against a fund to be known as "Special Irl1provement District No. 3130 Fund," said bonds to be re- I deemable 8t the option Of' the City of Bozeman, Montana, whenever furlds are availflble for that purpose from said Special Improvement District No. 3[30 Fund; sRid bonds 8h811 draw simple interest at a rate not to exceed six (6%) per cent "per ;;mnw!1, which shall be charGeable as a part of the cost of said improvements and shall run fr,m1 the date of the registration of said bonds until said bonds are paid. To pay said bonds, ani! the iDter- est thereoQ, representing the cost of said improvement, a special assessment shall be levied against all of the lands w:tthin sald 8pecial Improvement District No. 380 as in said Fesolution of Intention No. 767 defined. Section h. Said assessment and taxes shall be payable in twenty (20) ann ua 1 l.nstall- ments extending over a p8riod of nineteen ( 19) years, with interest on deferred payments; but this provisi:)n shall not be construed to prevent f'11l paYcilent at any time. Section 5. 'rhat the City Engineer be, and he is hereby, directed to prepare plans and specifications for the dotng of sald work and the making of said improvements. Section 6. 'rhat pursuHnt to the provisions, and authority conferred by Section 11-2232, Revised Codes of Montana, 19L17, 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 I contractor, or contractors, f"or such work, and such paymont may be made either, from tille 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. 'rhat the Clerk of the Ci ty Co,nrnisston of The City of Boz amHn be, and is hereby directed to publish a notice inviting proposals for the furnish ing of material and the dling of the work and the making o~ said improvement on said Special Improvement DL3trict No. 380, 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 'rhe Ci ty of Bozeman, not less than ten (lc)) days before the time such bids will be opened, which shall be at a meeting of the City C)mmission to be held on Wednesday the 22nd day of September, 19("4 at one 0 I clock P .1'1. of said day. -) , Passed Fmd adop ted by the Commission of 'rhe City of Bo za'nnn at a 1" thereof held on the 1st day of september, 1954. Attest: x:~;~ I Clerk 0"_ the CHy Commission sta te of Nlontana ) C01mty of GallEtin ) ss I, L. G. Shadoan, Clerk of the City Commission of The City of Bozeman, do hereby cer- tify that the foregoing Resolution No. 767A was published by title in the Bozeman Daily Chronicle, a newspaper of general clrculB tion printed and published in said Ci ty in the issue of Sep~ember 6th, 1954, and due proof of such publication is on file in my office. IN 1/VITN8SS WHT~REOF I hereunto set my hand arid affix the corporate seal of my office this 7th day of October, 1954. ~~~ Clerk of the-GOrnmiss'on Res 0 1 ut i::m No. 767A