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HomeMy WebLinkAboutResolution 647 Creates SID No. 355 ..-. 103 COMMISSION RESOLUTION NO. 647 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN CREATING A SPECIAL IMP- ROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 355 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING CONCRETE CURBS, STORM SEWERS AND PAVEMENT ON SOUTH FIFTH A VENUE FROM KOCH STREET TO STORY STREET; WEST STORY STREET FROM THIRD AVENUE TO SIXTH AVENUE; WEST DICKERSON STREET FROM THIRD AVENUE TO EIGHTH AVENUE, AND WEST ALDERSON STREET FROM FIF TH A VENUE TO NINTH A VENUE IN SA ID CITY. I WHEREAS: At a regular session of the Commission of The City of Bozeman, State of Montana, held on the 4th day of May, 1949, the said Commission duly passed Commission Resolution No. 644 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. 355 of said City for the purpose of constructing concrete curbs, storm sewers and pavement on South Fifth Avenue from Koch Street to Story Street; West Story Street from Third Avenue to Sixth Avenue; West Dickerson Street from Third Avenue to Eighth Avenue, and West Alder~ son Street from Fifth Avenue to Ninth Avenue in said City, and to specially assess the entire cost and expense of making said improvements against the property within said dist- rict 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. 644 is hereby referred to and made a part hereof for further particulars in respect to the boundaries of said Special Improvement District No. 355, the estimated cost ot 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. 644 was duly pub~ lished as required by law, in the Bozeman Daily Chronicle, a daily newspaper of general I circula tion 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 Dist~ict, at his or its last known address, upon the same day that suoh notice was first published as aforesaid; and due proof having been made of the publication and service of such 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 against the creation of said proposed Special Improvement District No. 355; and the City Commission was in regular session on the 25th day of May, 1949, at one o'clock P.M. of said day at the Commission Chamber in the City Hall Building in the said City ot 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 allot the proceedings for the creation of said District have been lawful and regular; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF BOZEMAN: Section 1. That said Special Improvement Distriot No. 355 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. 644, and hereinafter described. Section 2. That said special improvements be, and the same are, hereby ordered to be made in said Special .ID'provement District No. 355, as follows: THE CONSTRUCTION OF CONCRETE CURBS, STORM SEWERS AND PAVEMENT ON. SOUTH FIFTH AVENUE FROM KOCH STREET TO STORY STREET; WEST STORY STREET FROM THIRD AVENUE TO SIXTH AVENUE; WEST DICKERSON STREET FROM THIRD A VENUE TO EIGHTH AVENUE, AND WEST ALDERSON STREET FROM FIFTH AVENUE TO NINTH AVENUE IN SAID CITY. -. -- 104 Section 3. That the entire cost and expense of making the special improvements here... in referred to in said Special Improvement Dis trict No. 355 snaIl be paid by Special Imp- rovement District Coupon Bonds, as authorized by the laws of the State of Montana, which bonde 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 Improvement District No. 355 Fund", said bonds to be redeemable at the option of The City I of Bozeman, Montana, whenever funds are available for that purpose from said Special Imp... rovement District No. 355 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 improvements and shall run from the d ate of the registratlon of sald 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 the lands within said Special Improvement District No. 355 as in said Resolution of Intention No. 644 defined. Because a part of the area in said proposed Special Improvement District No. 355 requires improvement that is not required in the remainder thereof, and in order to provide a just and equitable method or methods of assessment, it is necessary and desire'" able to divide the District into five (5 ) sections, with differing methods of assessment, which sect1.ons together with the area thereof, 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 section are fully set forth in Section 5 of said Commission Resolution No. 644. Section 4. Said assessment and taxes shall be pa yeble in twenty (20) annual install'" I ments extending over a period of nineteen (19) years, with interest on deferred payments; but this provision shall not be construed to prevent payment at anytime. See tion 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 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 improvements 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 Commiss1on of The City of Bozeman be, and he 1s hereby, directed to publish a notice inviting proposals for the furnishing of material and the doing of the work and the making of said improvements in said Special Improvement District No. 355, 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 news- I paper printed and published in The City of Bozem~n, 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 29th day of June, 1949, at 1:00 P.M. of said day. Passed and adopted by the Commission of the City of Bozeman at a regular session thereof held on the 25th day of May, 1949. Atte~ . ~~l~~~. ~,~ Resolution No. 647 ... Page 2 105 I Sta te of Montana ) ) es County of Gallatin) I, L. G. Shadoan, Clerk of the Commission of the City of Bozeman, do hereby certify that the foregoing Resolution No. 647 was duly published by title and Number in the Bozeman Daily Chronicle, a daily newspaper of general circulation printed and published in said City, In the issue of May 26th, 1949, and that due proof is on file in my offioe. IN WITNESS WHEREOF I hereunto set my hand and affix the seal of my offioe this 27th day of May, 1949. c1d~~ I I Resolution No. 647 - Page 3 ..._ _...___..___._n..n__ .___ '''''''_0'''-'''.__ --