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HomeMy WebLinkAboutResolution 764 Create SID 379 North Willson 431 COMMISSION RESOLUTION NO. 764 A RESOLUTION OF THE CITY COMMISSION OF TqE CITY OF BOZEMAN CREATING A SPECIAL IMPROVEMENT DIS'rRICT 'ro BE KNOWN AS SPECIAL IMPROVEMENT DISTRIc'r NUMBER 379 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUC'rING AND INs'rALLING A PA VE- MENT PRO,TECT ON NORTH WILLSON AVENUE FROM WEST LAMME STREE'r TO WEST VILLARD STREET IN SAID CITY WHEREAS: At a rersular session of the Commission of The City of Bozeman, state of I Montana, held on the 9th day of June, 1954- , the said Commission duly passed Commission Resol ution No. 763 declaring it to be the intention of the said Commission to create a special improvement district to be known and des:tgnated as Special Improvement District No. 379 of said City for the purpose of constructing and installing a pavement project on North Willson Avenue from West Lamme Street to West Villard Street, and to specially assess the entire cost and expense of making said improvement against the property within said Dis tric t under and by virtue of the provisions of the IJaws of the State of Montana, in such case made and provided, and said Commission Resolution No. 763 is hereby referred to and made a part hereof for further particulars in respect to the boundaries of said Special Improvement District No. 379, 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. 763 was duly pub- l:ished, as required by law, in the Bozeman Dally Chronicle, a daily newspaper of general 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 I notice was first published as aforesaid; and due proof having been made of the publica- tion and service of said notice; and WHEREAS: Wi thin the time provided by law and said published and served n.Jtice there were not sufficient protests against the proposed work and against the creation of said proposed Special Improve~ent District No. 379; and the City Commission was in regular session on the 30th day of June, 1954 , 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 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 ha.ve been 1 awful and regular; NOW, 'fHEREF'ORE, BE rr RESOLVED BV THE COMMISSION OFTHE CITY OF BOZEMAN: Section 1. That said Special Improvement District No. 379 of The City of Bozeman, State of Montana, be and the same is hereby created for the purpose of making the improve- ments as in said Resolution of Intention No. 763, and hereinafter described. Section 2. That said special improvements be, and the same are, hereby ordered to I be made in said Special Improvement District No. 379, as follows: THE CJNS'fRUCTION OF A PAVEMENT PROJEC'r ON NOR'rH WILLSON AVENUE FROM WES'f LAMME S'fREE'r TO WES'f VILLARD STREJ:i:T, SAID PAVEMENT PRO,TECT TO INCLUDE 'rHE CONS'rF~UCTION AND INSTALLATION OF CRUS"IED GRAVEL BASE COURSE, CRUSHED GRAVEL CUSHION COURSE, BI'rUMINOUS SURFACE COURSE, AND CONCRETE CURBS WHERE NOT ALREADY PLACED AND IN SATISFACTORYCONDI'rION. Section 3. That the entire cost and expense of making the special improvements herein referred to in said Special Improvement District No. 379 shall be paid by Special Improvement District Coupon Bonds, as authorized by the laws of the State of M8ntana 432 which bonds shall be in the denomination of One Hundred Dolla rs ($100.00) each, and frac- tions or multiples thereof where necessary, to be issued and chargeable against a fund to be known as "Special Improvement District No. 379 Fund, n said bonds to be redeemable at the option of The City of Bozeman, Montana, whenever funds are available for that pur- pose from said Special Improvement District No. 379 Fund; said bonds shall draw simple interest at a rate not to exceed six (6%) per cent per annum, which sholl be chargeable I as a part of the cost of said improvements and shall run from the date of the registra- tionof said bonds until said bonds are paid. To pay said bonds, and the interest thereon, representing the cost of said improvement, a special assessment shall be levied against all of the lands within said Special Improvement District No. 379 as in said Resolution of Intention No. 763 defined. Section 4-. Said assessment and taxes shall be payable in twenty (20) annual in- stallments extending over a period of nineteen ( 19) years, with interest on deferred not payments; but this provision shall/be construed to prevent full payment at any time. Section 5. That the City Engineer be, and he is hereby, directed to prepare plans and specifications for the doing of said work and the making of said improvements. Section 6. That pursuant to the provisions, and authority conferred 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 sued 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 charge of such improvement for the City, or upon the entire completion of the improvements and the acceptance thereof by I the City Commission. Section 7. That the Clerk of the City Commission of 'rhe City of Bo?eman be, and is he:reby, idrected 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. 379, 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 newspaper 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 a meeting of the City Commission to be held on Wednesday, the 21st day of July, 1954, at one o'clock P.M. of said day. Passed and adopted by the Commission of 'rhe City of Bozeman at a regular session thereof held on the 7th day of July, 1954- . yL Attest: d~'//~ - .-I ~ Jr of the City Commission State of Montana ( ss County of Gallatin) I, L. G. Shadoan, Clerk of the City Commission of The City of Bozeman do hereby cer- I tify that the foregoing Commission Resolution No. 764 waspublished by title andnumber in the Bozeman Daily Chronicle, a newspaper of general circulation printed and 'published in said C:tty in the issue of ,July 12th, 1954 and due proof of such publisheation is on file in my office. IN WITNESS WHEREOF I hereunto set my hand and af'fix t he corporate seal of my office this 3rd day of August, 1954. Cl:t'J~n Resolution No. 764 ---...- - -