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HomeMy WebLinkAboutResolution 737 SID 371 for South 3rd Ave. 362 COMMISSION RESOLUTION NO. 737 A RESOLUTION OF THE CITY COMMISSION OF 'rHE CITY OF BOZEMAN CREATING A SPECIAL IMPROVEMENT DISTRICT 'ro BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NUMBER 371 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUC'rING AND IN- STALLING A PAVEMENT PRO,TECT ON SOUTH THIRD AVENUE FROM GARFIELD STREET TO LINCOLN STREET, SAID PAVEMENT PRO JECT TO INCL tIDE THE CONSTRuc'rION AND INSTALLATION OF A STORM SEWER LINE FROM GARFIELD STREET TO GRANT STREET, COMBINED CONCRETE CURBS AND GUTTERS, SELECT GRAVEL BASE~ CR USHED GRAVEL CUSHION COURSE, AND BITUMINOUS SURFACE COURSE IN SAID CIffY. WHEREAS: At a regular session of the Commission of The City of Bozeman, State of I M~ntana, held on the 8th day of April, 1953, the said Commission duly passed Commission Resolution No. 735 declarinr it to be the intention of said Commission to create a special improvement district to be known and designated as Special Improvement District No. 371 of said City for the purpose of constructlng and installing a pavement project on South Third Avenue from Garfield Street to Lincoln Street, said pavement project to include the construc- tion and installation of a storm sewer line from Garfield Street to Grant Street, combined concrete curbs and gutters, select gravel base, crushed gravel cushion course, and bi tuminous surface course in saidCl ty, and to specially assess the entire cost and expense of making said improvement against the property within SElid 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. 735 is hereby ~eferred to and made a part hereof for further particulars in respect to the boundaries of said Special Improvement District No. 371~ 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. 735 was duly pub- 1 i she d , as required by law, in the Bozeman Daily Chronicle, a daily newspaper of general I circulation printed and published in 'rhe C:Lty of Bozeman, Montana, andby sending a copy of such notice by U. S. Mail to each person, firm or corporation heving 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 h&ving been made of the publica- tion 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 aginst the creation of said proposed Special Improvement ~istrict No. 371; and the City Commis sian W8.S in regular session on the 29th day of April, 1953, at one o'clock P.M. of said day at the Comm;s sion Chamber in the City Hall building in the said City of Baz eman, the same being the time and place designated in said notice forpassing upon all protests, if any, against the proposed work or against the creation or extent of saidDistrict, 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, THEPEFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF BOZEMAN: Section 1. That said Special Improvement District No. 371 of The City of Bozeman, I State of Montana, be and the same is hereby created for t.he purpose of making the im- provements as in said Resolution of Intention No. 735, and hereinafter described. Section 2. That said special improvements be, and the same are, hereby ordered to be made in said Special Improvement District N~. 371, as follows: THE CONSTRUCTION AND INSTALLA 'fION OF A PAVEMENT PROJECT ON SOUTH THIRD AVENUE FROM GARFIELD STREET 'ro LINCOLN STREE'r, SAID PA,VEMENT PROJECT 'ro INCLUDE 'rHE CONSTRC- TION AND INSTALLA'rrON OF A STORM SEWER LINE FROM GARF'IELD S'rREET TO GRANT STREET, COMBINED CONCRETE CURBS AND GUTTERS, SELECT GRAVEL BASE, CRUSHED GRAVEL CUSHION COURSE~ AND BITUMINOUS SURFACE COURSE IN SAID CITY. - 36;3 Section 3. That the entire cost and expense of making the special improvements herein referred to in said Special Improvement District No. 371 shall be paid by Spe- cial Improvement District Coupon Bonds, as authorized by the laws of the State of Montana, which bonds shall be in the denomination of One Hundred ($100.00) Dolla rs each, and fractions and multiples thereof where necessary, to be issued and chargeable against a I fund to be known as "Special Improvement District No. 371 Fund," said bonds to be redeem- able at the option of The City of Bozeman, Montana, whenever funds are available for that purpose from said Special Improvement ~istrict No. 371 Fund; said bonds shall draw simple interest at a rate not to exceed six (6%) percent per annum, which shall be chargeable as a part of the cost of said improvements and shall run from the date of the registra- tion of said bonds until said bonds are paid. To pay said bonds, and the interest there- on, representing the cost of said improvement, a special assessment shnll be levied against all of the lands within said Special Improvement Distriet No. 371 as in said Resolution of Intention No. 735 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 payments; but this provision shall not be construed to prevent full payment at any time. Section 5. That the City Engineer be, and he is hereby directed to rpepare 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, 19~7 , said bonds may be sold to the highest and best I 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 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. 'That the Clerk of the City Commission of The City of Bozeman be, and is hereby, idrected to publish a notice inviting proposals for the furnishing of mater- ial and the doing of the work and the making of said improvement in said Special Im- provement District No. 371, 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 beforethe time such bids will be opened, which shall be at e meeting of the City Commission to be held on Wednesday, the 5th day of A 11'!uS t , 1953, at one o'clock P.M. of said day. Passed and adopted by the Commission of The City of Bozeman at a regular session I thereof held on the 15th day of Ju1-y , 1953. Attest: Iktlb dl~ Mayor C1 rk of the City Commission State of Montana ) ss County of Galllitin ) I, L. G. Shadoan, Clerk of the City Commission of 'rhe City of Bozeman do hereby certify that the foregJing R"solution No. 737 was published by title and number in the Bozeman Daily Chronicle, a newspaper of genen,l circulation printed and publishedln said Ci ty:tn the i SGue of July 22nd, 1953, and th~-l t due proof of such publicatl. on is on file in my office. ~ Dated this ?3rd day of July, 1953. '.' aJ.e r~c 0 the City Commiss ton