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HomeMy WebLinkAboutResolution 634 Creates SID No. 349 55, COMMISSION RESOLUTION NO. 634 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN CREATING A SPECIAL IMPROVE- MENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 349 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING AN (OIL MAT) PAVED SURFACE ON EXISTING GRAVEL BASE AND WHERE NO CURBS NOW EXIST, TO INSTALL CONCRETE CURBS ON WEST COLLEGE STREET BETWEEN THE WEST LINE OF FOURTH AVENUE SOUTH AND THE EAST LINE OF EIGHTH AVENUE SOUTH, IN SAID CITY. Whereas: At a regular session of the Commission of The City of Bozeman, State of I Montana, held on the first day of September, 1948, the said Commission duly passed Commiss- ion Resolution No. 629 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. 349, of said City for the purpose of constructing and installing an (oil mat) paved surface on existing gravel base and where no curbs now exist, to install concrete curbs on West College street petween the west line of Fourth Avenue South and the east line of ~ighth Avenue South, 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 pro- visions of the Laws of the State of Montana, in such case made and provided, and said Commission Resolution No. 629 is hereby referred to and made a part hereof for further particulars in respect to the boundaries of said Special Improvement District No. 349, 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. 629 was duly pub- lished, as required by law, in the Bozeman Daily Chronicle, a daily newspaper of general circulation printed and published in The City of Boze~an, Montana, and by sending a copy I 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 not- ice was first published as aforesaid; and due proof having been made of the publication and service of such notice; and W'n.ereas: 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. 349; and the City Commission was in regular session on said 22nd day of September, 1948, 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 therefore, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF BOZEMAN: Section 1. That said Special Improvement District No. 349 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. 629, 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. 349, as follows: THE CONSTRUCTING AND INS'rALLING OF AN (OIL MAT) PAVED SURFACE ON EXISTING GRAVEL BASE AND WHERE NO CURBS NOW EXIST, TO INSTALL CONCRETE CURBS ON WEST COLLEGE STREET BETWEEN THE WEST LINE OF FOURTH AVENUE SOUTH AND THE EAST LINE OF EIGHTH AVENUE SOUTH, IN SAID CITY OF BOZEMAN, MONTANA. -,..,.._- 56 Section 3. That the entire cost and expense of making the special improvements here- in referred to in said Special Improvement District No. 349 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. 349 Fund", 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. 349 Fund; said bonds shall draw simple interest at a rate not to exceed six per cent (610) per annum, which shall be chargeable as a part of the cost of said imp- rovement 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 imp- rovement, a special assessment shall be levied against all of the lands within said Special Improvement District No. 349, as in said Resolution of Intention No. 629 defined, each lot or parcel of land within said district to be assessed for the portion of the whole cost in the proportion that the area of each said lot or parcel of land bears to the area of the entire district, exclusive of streets, avenues, alleys, or public places; provided, that property immediately adjacent to and within 25 feet from the proposed improvement shall be assessed at double the assessment against the other property in the district, and that where it is necessary to install curbs, assessment for the cures will be made only against the property within the block where the curb is to be installed. Section 4. Said assessment and taxes shall be payable in annual installments over a period not to exceed ten (10) years, with interest on deferred payments; but this provision I 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 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 town, or upon the entire completion of the improvements and the acceptance thereof by the city or town 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 inviting proposals for the furnishing of material and the doing of the work and the making of said improvements in said Special Improvement Dist- rict No. 349, 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 I will be opened, whi~h shall be at a meeting of the City Commission to be held on Wednesday, the 6th day of October, 1948, 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 there- of held on the 22nd day of September, 1948. U II 01AlA 1~#(gA4./~{rfli Attest: c~.4~ Mayor Resolution No. 634, Page 2 57. I 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. 634 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 September 23rd, 1948, 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 24th day of September, 1948. ~~~ C erk of the Commission I I Resolution No. 634, Page 3