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HomeMy WebLinkAboutResolution 738 SID 372, South Fifth Ave. 36~ COMMISSION RESOLU'rION NO. '138 A RESOLUrION OF 'THE CITY COMMISSION OF THE CITY OF BOZEMAN CREATING A SPECIAL IMPROVEMEN'r DISTRIC'r 'ro BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NUMBER 372 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING A PAVEMENT PROJECT ON SOUTH FIFTH AVENUE FROM G.ARFIE~LD s'rREET 'ro LINCOLN STREET, SAID PAVEMENT PROJECT TO INCLUDE THE CONSTRUCTION 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 BITUMINOUS SURFACE COURSE, IN SAID CI'I'Y. WHEREAS: At a regular session of the Commission of 'rhe City of Bozeman, State of I Montana, held on the 8th day of April, 1953, the said Commission duly passed Commission Re'solution No. 736 declaring it to be the intention of said Commission to create a spe- cial improvement district to be known and designated as Special Improvement District No. 372 of said City for the purpose of constructing and installing a pave~ent project on South Fifth Avenue from Garfield Street to Lincoln Street, said pavement project to in- clude the constructi)n 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 said C1 ty, and to specially assess the entire cost and expense of making said improvement against the property within said Dis- trict under and by virtue of the provisions of the Laws of the state of Montana, ins uc h case made and provided, and seid Commission Resolution No. 736 is hereby referred to and made a part hereof for furtherparticulars in respect to the boundaries of said Special Improvement District No. 372, 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. 736 was duly pub- lished, as required by law, in the bozeman Daily Chronicle, a daily newspaper of general I 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 corpora t ion having p:r'"0 perty wi thin 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: Wi thin 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. 372; and the City Commission was in regular session on the 29th day of April, 1953, at one o'clock P.M. of said day at the Commission Chamber in the City Hall building in the said City of Bozenan, 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 CI'l'Y OF BOZEMAN: Section 1. That said Special Improvement District No. 372 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 Resolution of Intention No. 736, and hereinafter described. Section 2. That said special improvem.ents be, and the same Bre, hereby ordered to be made in said Special Improvement District No. 372, as follows: THE CONSTRUCTION AND INSTALLATION OF A PAVEMRN'T PRO,fEC'T ON SOU'rH FIFTH AVENUE FROM GARPIELD STREET TO LINCOLN STREET, SAID PAVEMENT PROJECT TO INCLUDE THE CONSTRUC'rION AND INS'rALLATION OF' A S'rORM SEWER LINE FROM GARF'IELD S'TREET TO GRANT STREET, COMBINED CONCRETE CURBS AND GUrTERS, SELECT GRAVEL BASE, CRUSHED GRAVEL CUSHION COURSE,AND BI'rDMINOUS SURFACE COURSE, IN SA,ID CITY. 365 Section 3. That the entire cost and expense of mffiing the special improvements herein referred to in said Special Improvement District No. 372 shall be paid by Special Improve- ment 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) Dollars each, and fractions and mul- tiples thereof where necessary, to be issued and ahargeable against a fund to be known as I "Special Improvement District No. 372 Fund," said bonds to be redeemable at the option of The City of Bozeman, Montana, whenever funds are available for that purpose from said Special Improvement District No. 372 Fund; said bonds shall draw simplw interest at a rate not to exceed six (6%) per cent 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 improvement, a special assessment shall be levied against all of the lands within said Special ImDrovement District No. 372 as in said Resolution of Intention No. 736 defined. Section 4. Said assessment and taxes shall be payable in twnety (20) annual install- ments 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 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 sol,d to the highes t and bes t bidder therefor for cash, and the proceeds of such sale used in making payment to the I 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 Bozemenbe, and is hereby directed to publish a notice inviting propo~als for the furnishing of material and the doing of the work and the making of said improvement in said Special Improvement Dis- trict No. 372, which notice shall refer to the plans and specifications on file, by publish- ing 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 5th day of A ugus 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 there- of'held on the 15th day of July , 1953. Attest: ~)~ iVtl.k Mayor I eIe k of the City ,Gommis sion State of Montana ) County of Gallatin ) ss I, L. I~ Shadoan, Clerk of the City Commi3sion of The City ofdozG~Bn, d o hereby certify '~,,1 III that the foregoing CHrJr.1issLm ResolutiJn N). 730 was published by title end number in the Bo Z2rrlt:Jn Daily Chronicle, a newspuper of general circulatim printed bnd published in saId City in the issue' \)f July 22nd, 1953, and th~t due proof of such publication is on file in my office. IN 'NI'I'NESS WJ-I'?PTWF I hereunto set my hand and affix the corporate seal of my office this 23rd day of July, 1')S3. it'~~. Cl er 0 f' the City Commi S3 1m Resolution No. 738