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HomeMy WebLinkAboutResolution 472 Creates SID No. 335 1.10 CO!naSSION RESOLUTIOJ'J EO. 47~; ,(~ <<+,'->. ../'A m~SOLUTION OF 'l'HE CIfl1Y COI/ITv:ISSION Of' TIE CITY Ol,' DOZE1\TAr;, TviON'I'ANA, ~~,o '-, jA}'" ~EATI}JG A SPECIAL IMPROVE1\-;ENT DISTRICT TO DE IUimm AS SPECIAL II'{PROVEMENT ~J~~<! / DISTRICT NTJrmiDR 335 OF THE CITY aIi' BOZElf.AN, FOR '}lJE~ :;URPOSE OP PAVING ,,' "jJ.!./ AR'I'HTffi STRE~~T BETVlEEN rplm rmST LUTE 01" THn-{~) AV::-_~NUE AN;) 'rIfE 'NEST LDJE OF .' ,/ FO un 'l'E f. VENUE. " WHEREAS: At a regular session of the Commission of' The Ci ty of Bozeman, State of Montana, held on the 2'ls t day of June, 1940 , the said Conmnssion duly passed Co~~ission Resolution No. 470 declaring it to be the intention of said Commis sian to crea to a specia~ I improvement district to be known and designated as Special Improvement District No. 3:3,5, of said City for the purpose of constructinG a two - in c h ( 2 II ) Penoli thic I)ayement on a four-inch (4ffi) crushed roc 1-;: base on the s inGlo block on Arthur Stree t between the west line of 'PhiI'd Avenue and be illest line ofF'ourth Avenue, and to speciall y asses s the . en tire cost and expense of makine said improvements asains t the property wi thin &'lid dis trict under and by virtue of the provisions of the Laws of the state of Montana, ln such case made and provided; and said Commission Resolution No. 470 is hereby referred to a nd made a par t hereof for fur ther parti culars inrespect to the boundaries of sald Special Improve- ment ~istrict No. 335, the estimated cost of said improvement and the method of assessing the same aaains t tlle property of said district; and . -. WHERD.~AS: Notice of the passage of said Commis slon Resolution No. 470 wac duly publish- ed, as required by law, in fue Bozeman Daily Chronicle, a daily newspaper of general circu1a tion, printed and publ ished in The Ci ty of Bozeman, l:~ontana, and by sending a copy of such notice by U. S. mall to each person, firm or corporation havinc property within the propos cd d is tric t, a this or its last ImOYIJ!1 address, upon the same da y that such no tic e was firs t published as aforesaid j and due proof 11a ving been made of the publication I and service of said notice; and \nJE;:U~AS: Wi thin the time provided b:r law and said published and served notice there ViaS only one pro tes t ac;ains t the proposed work or agains t the creation of said proposed Special Improvement District lIo. 335, or either, and the City Co~misslon was in recular session on said 12th day of .July, 1940, at 7:30 o'clock P. M. of said day at the Co:nill,is s ion 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, agains t the pro- posed work or a~ainst the erea ti on or extent of said district, or bo th, or ei ther, and the Co:mmission havinG duly considered such protest, found an(J, declared it insufficien t in fact and in law; and it further appearing tha t all of the proceedings for the crea tion of said distirct have been lawful and reGular; now therefore, BE IT E.ESOLVED BY ~'lm COMlaSSIOn 01" 'l'lm CI'l'Y 01" DOZ~,!AN: Section 1. That said Special I!'1prOV8nent District Ho. 335 of The 01 ty 0 f Bozoman, State of l,;ontana, be and the s ame is hereb~r, created for tile purpose of making the improvements as in said Resolution of Intention No. 470, and hereinafter described. I S e c tl on 2. Tha t .sL1ic~ special improveMents be, and the same are hereby, ordered to be made in said Special Im.provemen t Dis tric t No. 335 as follows: THE CONSTRUC'I'ING OF 'raO-INCE PimOLITITIC PAV~]::li:ET Ol~ A FOUR-UJCH CHUSlIED HOCK BASE OK 'l'Im SINGLS BLOCI'~ ON AR'l'lill1 STHIi::CT DET1J'JEEN 'rEE VmST LIKE OF' THIRD AVENUE Arm TEE 1;JEST LINE OF ?01JR'l'1I AVi.mlf.:.':, IN SAID CI'IY OF TI.efJolution No. 472 BOZEMAN. FOPT'I\NA, ',lITE ALL N2CESSAHY GTU\DIlIG, CURBS, SOTRM Sm{t~R IU- ttt LETS AND LA TI::RALS, mm IlJEJmnm AND INCIiJil;I,,"TALS. See tion 3. That the entire cost and expense of maldng the special improvements herein referred to in said Special Improvement District No. 335 shall be paid by Special Improvement Dis- tric t Coupon Bonds, as authorized by the laws of the Sta te of JI';ontana, which bonds shall be I in the denomination of one hundred (:;;)100.00) dollars each, and fractions ther eof where necessary, to be issued and chargeable against a fund to be lrnown as tt:Special Ir.:provement District 170.335 Pund,t! said bonds tote redeemable at the option of The City of Bozeman, IT.ontana, whenever funds are a vailable for that purpose from said Special Improvement Dis- trict No. 335 Fundi said bonds shall dravY simple interest at a rate not to exceed six per cen t ( 6;0) per annum, which shall be chargeable as a part of t be cost of said improvement and s ball run from the d ate of the regis tration of said bonds until said bonds are paid. To pay s aid bond s, and the interest thereon, representing the cost of said improvement, a special assessment shall be levied against all of the lands within s~td Special Improve- ment District No. 335 as in said Resolution of Intention No. 470 defined, each square foot wi thin said dis trict, with the area of corner lots doubled, to be assessed for its pro- portiona te share of such entire cost, exclusive of streets, avenues, alleys, and other publ ic places. See tiOIl 4. Said assessments shall be payable in twenty (20) annual installments extending over a period of nineteen (19) years, wi th interest a t not to exceed six per cent ( 610 per annum I on the deferred payments, commencing with t he year, 1940, but this provision shall not be c construed to prevent full paJTfficnt at any time. Section 5. Tho. t the City Engineer be, and is hereby, directed to prepare plans and specifications for the doinG of suid work and tt~ making of said improvements. See tion 6. That pursuant to the provisions, and authority conferred by Subdivision 2 of Section 52'50, R. C. Montana, 1939" said bonds may be sold to the hip,hest and best bidder therefor for cash, and the proceeds of such sale used in making payment to the con trac tor, or con- tractors, for such viork, and such payment ma:r be made ei ther, from time to time, on es ti- mates 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 bJ' the city or town council. See tion 7. Tba t the Clerk of the City Commission of Tho Ci ty of Bozeman be, Gnd is hereby direct- ed, to publish a notic e invi tinE, proposals for the furnishinG of mEt terial and the doing of the work and the making of said improvements in said Special Improvement District No. 335, I which notice shall refer to the plans and specifications on file, by publishing such notice in tVlO (2 ) issues of Bozeman :;)aily Chronicle, a daily newspaper printed and published in The C1 ty of Bozenan, the firs t of sat d publica tions to be hot more than twen ty- two (22) days nor less than fifteen (15) days and tile second publication to be not less than five (5) day.s nor more than ten (10) days, before the date such bids will be opened, which shall be at a meeting of the C1 ty COI;ID1ission to be held on Friday, the 2nd day of Aue- ~-1S t, 1040, at 7:30 o'clock P. ~. of said day. Resolution No. 472 112 Passed and adopted by the Conllnlssion of The Clt'JT' of Bozeman at a regular ses~L1.on thereof held on the lZ:th da~T of July, 1940 A TrrT~S T :, ~~?)3. ~d~V--~-pJ _ I Clerk of the City Commission Published in Bozeman Daily Chronicle 14th day of July, 1940 State of IJontana ) )sS' County of G?llatin) I, L. G. Shadoan, Clerk of the Cormlsslon of ~rhe City of Bozeman do hereby certify that the foregoi:n::,: Commis sion Hesolution No. 471, was published by ti tIe and number in tho Bozeman Daily Chronicle, a newspape r of General circula tion prin ted and publiShed in said City in the issue of July 14tl1, 1940, and that due proof is on file in my office. Hi '.;rrNJ~SS WliSREOF I hereunto set my hand and affix the seal of my office this 15th day of July, 1940. c~A ~/~~-- lerk of the om:rnission (No tice in Re: ComT'lis E; lon Reso lutirm No. 4'70, Continued froM pa,,\e 108) I The estimated cost of 811Ch ip'provemcnt, which is to be specially asse~t1ed agalnst the property fronting on said block on the front foot basis, is Two ~housand One llilndred . . Tvmty-two (~p2122.00) Dollars. The area of all propert:v within said district exch1sive of streets, avenues, alleys and public places. is: AClltal area 'T11irty-six rrrlOusc:md (36000) square feet and wi th corner lots dobllled, l;'ortv-two 'l'nousand (42000) square feet, making the estimated rate of assessment per square foot ~fO.050523 for inside lots and ;!:~0.101046 for corner lots. Payment is to be made in twenty(20) annual installments extending over a period of nineteen (19) years, with jnterest at not to e7ceed six per cent (6%) per annum on the deferred payments, but payment in full may be made at any time after the work is completed and the assessment made. For a particular description of the boundaries of sald proposed Special Improvement District No. 3~5, reference is hereby made to said Resolution of Intention No. 470 on file :1n the office of the ClE,rk of the Oi t;:: Commission in the Oi ty Hall, of 1'he Ci t;: of Bozeman, and which is open to the inspection, durin0" rr;gular office hour2" of all interested parties and the public p;eneralJ;r. Notice is flJrther rlereby given thnt B'riday, the 12th day of .Tuly, 1940, at 7:30 o'clock P.TI. of said da;:r, at the Commission Room in the City Hall Buildinc;, Bozeman, 1i1ontana, is designatect as the time and place for hpArln~ objections Rn~ protests to the action proposed to be taken by sAid Resolution of Intention No. 470 to create said Special Improvewent District No. 335, and where and when any and all persons havin~ proterty within the bound- aries of said proposed Special Improvement District No. 3~5, as in said Resolution of Intention No. 470 defined, may appear and show cause, if any they have, against said proposed improvement or the creation of said pronosed Special Improvement District No. 335. Objections must be 1n 1f,TitinrJ' and be f:tled with the Cler1:( of the Cit:t Commission within fifteen (15) days after the date of the first publication of tr1is notice of the adoption of said Resolution of Intention No. 470 to create said Special Improvement District No. 335, and the time for filing such protests will expire on .July lOth, 1940, at 5 o'810c1<: P.M. of said day. . I Da ted thi s 21 s t da" of ,Tune, 1940. By order of th: C ommi e s iO~f 1'he City of Boz "",a" · dbAiL- ~A4!c-- A ting lerk of the City ommlssion Resolution No. 472- '.-... .....