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HomeMy WebLinkAboutResolution 788 Creating SID 382 497 COMMISSION RESOLUTION NO. 788 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NUMBER 382 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING INSTALLING A PAVEMENT FROJECT ON NORTH WILLSON AVENUE FROM VILLARD STREET TO SHORT STREET IN SAID CITY. WHEREAS I At a regular session of the Commission of The City of Bozeman, State ot Montana, held I on the 13th day of April, A. D., 1955, the said Commission duly passed Commission Resolution No. 787 declaring it to be the intention of the said Commission to create a special improvement district to be known and designated as Special Improvement District No. 382 01' said City for the purpose of construot- ing and installing a pavement project on North Willson Avenue from Villard Street to Short Street, and to specially assess the entire cost and expense of making said improvement against the proper~ within 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. 787 is hereby referred to and made a part hereof for further particulars in respect to the boundaries of said Speoial Improvement District No. 382, the estimated cost of said improvement and the method of assessing the same against the property of said Dis tri ct; and 'WHEREAS : Notice of the passage of said Commission Resolution No. 787 was duly published, as required by law, in the Bozeman Daily Chronicle, a daily newspaper of general circulation printed and published in TIle 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, Ufon the same date that such notice was first published as aforesaid; and due proof having been made of the publication and service of said notioe; and I 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 creation of said proposed Special Improvement District No. 382; and the City Commission was in regular session on the 4th day of May, 1955, at one 0' 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 upon all 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, Secti on 1 That said Special Improvement District No. 382 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. 787, and hereinafter described. Section 2 That said special improvements be, and the same are, hereby ordered to be made in said Special Improvement Distriot No. 382, as follows: I CONSTRUCTION OF A PAVEMENT PROJECT ON NORTH WILLSON AVENUE FROM THE SOUTH LINE OF WEST VILLARD TO THE SlUTH LINE OF WEST SHORT STREET, SAID PAVEMENT PROJECT TO INCLUDE THE CONSTRUCTION AND INSTALLATION OF CONCRETE CURBS, CRUSHED GRAVEL BASE, CRUSHED GRAVEL CUSHION COURSE, BITUMINOUS SURFACE COURSE, JlND OTHER WORK INCIDEN- TAL THgRETO. Section 3 That the entire cost and expense of making the special improvements herein referred to in said Spe ci al Improvement Distriot No. 382 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 or multiples thereof where necessary, to be issued . - ....._.___. _.. .._.__.__n___._n__. -----.......".- - -- 498 and chargeable against a fund to be known as "Special Improvement Distriot No. 382 Fund", said bonds to be redeemable at the option of 111e City of Bozeman, Montana, whenever funds are available for that purpose from said Special Improvement Distriot No. 382 Fund; said bonds shall draw simple 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 from the date of the registration of said bonds until said bonds are paid. To pay said bonds, and the interest thereon, representing the cost of said I improvement, a special assessment shall be levied against all of the lands within said Special Improve- . ment District No. 382 as in said Resolution of Intention No. 787 defined. Seotion 4 Said assessment and taxes shall be payable in twenty (20) annual installments extending over a period of nineteen (19) years, with interest on deferred payments; but this provision shall not be oonstrued to prevent full payment at any time. Section 5 That the City Engineer be, and he is hereby, direoted to prepare plans and specifications for the doing of said work and the making of said improvements. Seotion 6 That pursuant to the provisions, and authority oonferred by Section 11-2232, 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 payment to the contractor. or contractors, for such work, and such payment may be made either, from time to time, on estimates made by the engineer in oharge of suoh improvement for the City, or upon the en tire oompletion of the improvements and the acceptance thereof by the City Commission. I Section 7 That the Clerk of the City Commission of The City of Bozeman be, and is hereby, directed to publish a notice inviting proposals for the furnishing of material and the doing of the work and the making of said improvement on said Special Improvement District No. 382, 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 newSfaper printed and published in The City of Bozeman, not less than ten (10) days before 1:h e time such bids will be opened, which shall be at a meeting of the City Commiss ion to be held on Wednesday, the .!!! day of June, 1955, at one o'clock P. M. of said day. Passed and adopted by the Commission of The City of Bozeman at a regular session thereof held on tho ~ day or May, 1955. / /.~ .-;7C, r - - /' ayor ATTEST: O(!~~ Clerk of the City Commission State of Montana. ) I ( 5S County of Gallatin ) I, L. G. Shadoan, Clerk of the Commission of The City of Bozeman, do hereby certify that the fore- going Commission Resolution No. 788 was published by title and number in the Bozeman Daily Chronicle, a newspaper of general circulati on printed and published in said City in the issue of May 13th, 1955, and that due proof of such publication is on file in my office. IN WI'lNESS WHEREOF; I HEREUNTO set my hand and affix the corporate seal of my office this 14th day of May, 1955. /~~ Clerk of the Commiss1on Resolution No. 788