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HomeMy WebLinkAboutResolution 649 Creates SID No. 356 --- 108 COMMISSION RESOLUTION NO. 649 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 356 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING CONCRETE CURBS AND BITUMINOUS PA VEMENT ON SOUTH FOURTH A VENUE FROM CLEVELAND STREET TO ARTHITR STREET AND ON ARTHUR STREET FROM SOUTH FOURTH AVENUE TO SOUTH FIFTH AVENUE IN SAID CITY. WHEREAS: At a regular session of the Commission of The City of Bozeman, State of Montana, held on the 18th day of May, 1949, the said Commission duly passed Commission I Resolution No. 646 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. 356 of said City for the purpose of constructing concrete curbs and bituminous pave- ment on South Fourth Avenue from Cleveland Street to Arthur Street and on Arthur Street from South Fourth Avenue to South Fifth A venue in said City, and to spe c ia11y assess the entire cost and expense of making said improvement 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. 646 is hereby referred to and made a part hereof for further particulars in respect to the boundaries of said Special Improvement District No. 356, the est:lmated 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 Resolu tioD No. 646 was duly pu.b. lished, as required by law, Inthe Bozeman Daily Chronicle, a daily newspaper of general 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 bis or its last known address, upon the same day that such I notice was first published as aforesaid; and due proof having been made of the public- ation and service of such notioe; 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. 356; and the City Commission was in res. ular session on the 8th day of June, 1949, at 1:00 o'clock P.M. of said day at the Comm. ission 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, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF BOZEMAN: Section 1. That said Special Improvement District No. 356 of The City or Bozeman, State of Montana, be and the same is hereby created for the purpose of making the imp- rovements as in said Resolution of Intention No. 646, and hereinafter described. Sec tion 2. That said special improvements be, and the same are, hereby ordered I to be made in said Special Improvement Distriot No. 356, as follows: THE CONSTRUCTION OF CONCRETE CURBS AND BITUMINOUS PAVEMENT ON SOUTH FOURTH A VENUE FROM CLEVELAND STREET TO ARTHUR STREET AND ON ARTHUR STREET FROM SOUTH FOURTH AVE. NUE TO SOUTH FIFT"rl AVENUE IN SAID CITY. Section 3. That the entire cost and expense of making the special improvements herein referred to in said Special Improvement District No. 356 shall be paid by Special 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) Dollars each, and 109 fractions thereof where necessary, to be issued and chargeable against a fund to be known as "Special Improvement District No. 356 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. 356 Fund; said bonds shall draw simple int- erest at a rate not to exceed six (6%) per cent per annum, which shall be chargeable as I 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 Speoial Improvement District No. 356 as in said Resolution of Intention No. 646 defined. Because a part of the area in said proposed Special Imp- rovement District No. 356 has its streets running 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, and in order to provide a just and equitable method or methods of assessment, it is necessary and desireable to divide the District into tw.o~'J2) sections, with differing methods of assessment, which sections together with the area thereof, the part of the entire cost to be assessed against each sec tion, the estimated rate of assessment, and a particular description of each such section are fully set forth in Section 5 of said Commission Resolution No. 646. Said assessment and taxes shall be payable in twenty (20) annual installments ext- ending 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. I 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 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 he is hereby, directed to publish a notice inviting proposals for the furnishing of material and the doing of the work and the making of said improvement in said Special Improvement District No. 356, 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 before the time such bids will be opened, which shall be at a meeting of the City Commission to be I held on Wednesday, the 29th da, of June, 1949, at 1:00 o'clock P.M. of said day. Passed and adopted by the Commission of The City of Bozeman at a regular session thereof held on the 8th day of June, 1949. At te e t : ~~t~ ~~~ Resolution No. 649 . Page 3 .--.. liO I, L. G. Shadoan, Clerk of the Commission of the City of Bozeman, do hereby certify I that the foregoing Resolution No. 649 was published by title and number in the Bozeman Daily Chronicle, a daily newspaper of general circulation printed and published in sald City, in the issue of June loth, 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 11th day of June, 1949. ~~~10n I I Resolution No. 649 - Page 4 - .-- .--