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Home My WebLink AboutResolution 642 Creates SID No. 353 ..--- - 85 COMMISSION RESOLUTION NO. 642 A RESOUJTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN CREATING A SPECIAL IMP~ ROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 353 OF THE CITY OF BOZEMAN FOR THE RJRFOSE OF CONSTRUCTING CONCRETE CURBS AND STORM SEWERS, AND APPLYING BASE GRAVEL WHERE NEEDED, FA VEMENT AND SURFACING ON SOUTH SEVENTH A VENUE BETWEEN MAIN STREET AND KOCH STREET; WEST OLIVE STREET BETWEEN SIXTH AVENUE AND EIGHTH AVENUE; AND WEST CURTISS STREET BETWEEN SIXTH AVENUE AND EIGHTH AVENUE IN SAID CITY. I Whereas: At a regular session of the Commission of the City of Bozeman, State of Montana, held on the 23rd day of February, 1949, the said Commission duly passed Commission Resolution No. 639 declaring it to be the intention of said Commission to create a special improvement district to be known and designated as Special Improvement District No. 353, of said City for the purpose of constructing concrete curbs and storm sewers and apply~ ing base gravel, pavement and surfacing on South Seventh Avenue between Main Street and Koch Street; West Olive Street between Sixth Avenue and Eighth Avenue; and West Curtiss Street between Sixth Avenue and Eighth Avenue in said City, and to specially assess the entire cost and expense of making said improvements against the property 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. 639 is hereby referred to and made a part hereof for further particulars in respect to the boundaries of said Special Improvement District No. 353, 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. 639 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 corporation having 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 having been made of tt~ publication and service of such notice; and Whereas: Within the time provided by law and said published and served notice there were no protests against the proposed work and against the creation of said proposed Special Improvement District No. 353; and the City Commission was in regular session on said 30th day of March, 1949, at 1:00 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 have been lawful and regular; NOW, Tm~REFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF BOZEN~N: Section 1. That said Special Improvement District No. 353 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. 639, and hereinafter described. Section 2. That said special improvements be, and the same are, hereby ordered to be made in said Special Improvement District No. 353, as follows: THE CONSTRUCTING OF CONCRETE CURBS AND STORM SEWERS, AND APPLYING BASE GRAVEL WHERE NEEDED, FA VEMENT AND SURFACING ON SOUTH SEVENTH A VENUE BETWEEN MAIN STREET AND KOCH STREET; WEST OLIVE STREET BETWEEN SIXTH AVENUE AND EIGHTH AVENUE; AND WEST CURTISS STREET BETWEEN SIXTH A VENUE AND EIGHTH A VENUE IN SAID CITY. ._n._ .----.--.-.- ---- 86 Section 3. That the entire cost and expense of making the special improvements herein referred to in said Special Improvement District No. 353 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 thereof where necessary, to be issued and chargeable against , a fund to be known as "Special Improve- ment District No. 353 FUnd, t, said bonds to be redeemable at the option of the City of I Bozeman, Montana, whenever funds are available for that purpose from said Special Improve- ment District No. 353 Fund; said bonds shall draw simple 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 imp- rovements 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 improvemen t, a special assessment shall be levied against all of the lands within said Special Improvement District No. 353 as in said Resolution of Intention No. 639 defined. Because some of the streets in said proposed Special Improvement District No. 353 run east and west and some north and south and in some of the streets to be improved the lots run parallel with the street and in others the lots front on the street and the improvement, that in order to provide a just and equitable metho~ or methods of assessment, it is nec- essary and ~esirable to divide the District into four (4) sections, with differing methods of assessment, which sections together with the part of the entire cost to be assessed against each section, the estimated rate of assessment, the method of assessment and a particular description of the boundaries of each such section are fully set forth in Section 5 of said Commission Resolution No. 639. I Sec tion 4". Said assessment and taxes shall be payable in twenty (20) annua 1 in s ta 11.. 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 Subdivision 2 of Section 5250, Revised Codes of Montana, 1935, said bonds may be sold to the highest and best bidder therefore 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 improvements for the city, or upon the entire completion of the improvements and the acceptance thereof by the City Council. Section 7. That the Clerk of the City Commission of the City of Bozeman be, and he is hereby, directed to publish a notice invi ting proposals for the furnishing of ma terial and the doing of the work and the making of said improvements in said Special Improvement District No. 353, which notice shall refer to the plans and specifications on file, by I 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 20th day of April, 1949, at 1:00 o'clock P.M. of said day. Resolution No. 642, Page 2 --- -.-". 87 Passed and adopted by the Commission of the City of Bozeman at a regular session thereof held on the 30th day of March, 1949. @~---~, i7( 'J- k . ." --"::.-.';'.. .'...,! ( L- Ma yor At te s t : I d/~n State of Montana ) ) ss County of Gallatin) I, L. G. Shadoan, Clerk of the Commission of the City of Bozeman, do hereby certify that the foregoing Resolution No. 642 was published by title and number in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City, in the issue of April 1st, 1949, and that due proof is on file in my office. IN WITNESS WHEREOF I hereunto set my hand and affix the seal of my office this 2nd day of April, 1949. ct:J:~= I I Resolution No. 642, Page :5 .. ---