HomeMy WebLinkAboutResolution 738 SID 372, South Fifth Ave.
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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