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HomeMy WebLinkAboutRes 938: Creating SID No. 177 -- -~ - ~,~. ~.~.. ~~~~..,._,-~~ -~ ~ ., - "'_. - -. COUNCIL RESOLUTION NO. 938 A COUNCIL RESOLUTION CREATING SPECIAL IMPROVEMElJT DISTHICT NO. 177, 0]' THE CITY O]j' BOZEMAN, STATE O]j' MONTARA, Ji'OR ~;HE PURPOSE 01!' CONS':'HUCTIHG PAVEI:illHT AND GHi\DING THAT PORTION OF SEVENTH AYE:WBj3ETWbBN THE SOUTH LINE OF DICKERSON STHBET AND ':'IIB SOUTH I. nm OJ!' COLLEGE STREET, VlITErN :'HE CITY QJ!' T30ZZ.M&H, S'::'AS.'E OF IvIOHTALJiI, ORDERIHG SUCH VlOHK TO BE DOIJE THBREIN AHD PROVIDLJG II10R THE ASSESSM~NT 011' THE ElJTrEE COST AND EXPENSE OP MAKING SAID IM- PROVEllliHTS AGAIH~)T t.~Tlli DHOPE.f:{TY WITHIN SAID DISTRICT,UlWBH LIJD BY VIRUTE Q:b' THE PROVISIONS OF CHAPTER [39, 1J"iJVS OF IvlONTAlU~, 13TH SESSION, 1913, AS AMENDED BY CHLPTEH 142 ,11~WS OP MOllT- AH1~, 14TH SESSIon, 1915 WHERE1\S. at an Bdjourned regular session of the City Council of the City of Bozeman, State of Montana, held on the 20th day of May, 1919, the said ~ity Council duly passed Council Hesolution No. 935, declaring it to be the intention of tho said City C01illcil to create a snacisl im- provemont district~ to be known and desiganted as "Special Improvement J,Jistrict No. 177" of the said City. for the pur- pose ofconstructinR pavement on and rir8din~ th~t nortion of Seventh Avenue between the south line of Dickerson street and the south line of College Street in the City of Bozeman, state of Montana, and to specially assess the entire cost and expense of makinR said imnrovemonts TIithin said Dis- trict, under and by virtue of the provisions of Chapter 89, Laws of Montana, 13th Session, 1913, as 8ffiended by Chapter 142, Laws of Montana, 14th Session, 1915; which seid Counetl Hesolution Hg. 935 is hereby referred to end made a purt hereof, for further particulars in reenect to the boundaries of said District, the estimated cost o.f said improvements, and t~e method of assessing the same. against the nroperty within said District; and WHEREAS, notice of the passage of said Council Res- olution No. 935, wos duly published in one issue of the Boze- man Courier, a weekly neWSDBner printed and.oub1ished in the said City of Bozeman, to~wit: in the issue of May 2lot. 1919 ..... . - ..___._._.____.___ .._ _. . _.______n.________.__. - ~" ~ -:;:"-"-;"--=~;;;;: - ,.. ..-. ~-- - - -{Z- and by mailing a CO'iy of such notice to each person, firm firm Or corporation, or the ~gent 0:'" CIJch . person, firm Or cornora ti on, havinf!:' property \, i thin sa id District to his last known adclress upon the same dBY ti:5t suc}1 notice was published, and due proof being' made of the publication of and mailing of said noticesas aforesaid; and WHEREAS, within the time provided by law and ... said notice, no protests, were delivered to or presented to the City Clerk, or to the City Council, either in writing or otherwise, against the proposed work Bnd the creution of said District, or the extent thereof, and the said City Council being in regular session, on Thursday, the 5th day of June, 1919, at :,even-thirty o'clock P. M. at the Coun- cil Chamber in said City, the same being the time and place desiRnated for hearing protests, if any, B20inst the proposed work, the creation of said ~istrict, or the extent thereof, and the said City Council having adjourned the said regular session and the consideration of said Resolut- ion until Monday, the 9th day of June, 1919, at seven-thi.rty o'clock, P. M. at the Counei,l Chamber, soid City, at which time end place, it appearing that no protests in writing or otherwise, had been made or filed as provided by law or at all to the propoBed work, ane[, the creation of said Dis- trict, ~r the extent thereof, and it further ap"Oearing that all the ~ir oeeedings for the creation of said district have been complied with; now THEREFORE, BE IT lmSOLVED BY THl;; CITY COUNCIL Oll' THE CITY OF BOZEU.AH, STA TE OF MOHTAHA: Section 1- That said Special Improvement District No. 177 of the City of Bozeman, State of Montana, be, and the same is hereby, created for the pur~ose of making the improvemonts therein as hereinafter described; Section 2- That the said improvements be, and the same are her.ehy, ordered to be made in said Special Improve- ment District No. 177, as follows: ._. __. u_ .___..________ _________._.____m _. ._...."'._.._. - -~~,~~~~. ~~~ ..~ ~ .~P - - ._...,__.~w , , -3- The construction of pavement and ~radjng that portion of Seventh Avenue between the south line of Dickerson streot and the south line of COllege Stroet; That the pavement will be cone of the follow- ~ng types, to-y,it: Standard Hitulithic on a crushed rock baSe; Standard Bitulithic on 8 concrete base, or Asphalt ) M~ac8dam of a standard grade of asphalt. Bids will be received on all of the fore~oing types of pavement and a selection will be mode therefrom; That the petition for the creation of said Dis- trict and the construction of said pavement, requests that the pavement be Standard Hitulithic on 8 crushed rock base~ Section 3- That the entire cost and expense of making the special improvements herein set forth in said Special Improvement Vistrict No. 177, shall be paid by Special Improvement .District Coupon Bonds, of thedenomina- tion of One Hundred Dollars, (or fraction thereof, where necessary), to be drawn against a fund to be known and des- ignated as "Special Improvement District No. 177 Fund", and which bonds shall be redeemable at the option of the City at any time that there areflU1ds to the credit of said Special Improvement District Ho. 177 for the redempt- ion thereof, end shall draw simple interest at the rate \. of six per cent per annum, and such interest from the date of the rer:dstration of the bonds until the:rJ1jyment of the first installment will be collected by the City Treasurer at the time of collecting such first installment; thDt the entire cost .and expense of the said improvements within said :District shall be defrayed by a special assessment against the entire district, eauh lot or parcel of land, within said District, to be assessed for that portion of the whole cost which its area bears to the 8rea of the entire district, exclusive of streets, 8)V'enues, alleys and public ~,~- ~ .. -~~ - ~- ~~- -.- - -= .~_.~...........-~-- -4- places, provided that the Gallatin V~lley Railway Com- pany, a cor}'"Joration, Vlhich occupies tmd uses suid portion. of Seventh Avenue within said District, under a franchise for street railway purposes, shall be assessed and pay the cost and expense of making such improvements between the rails and for 1 foot on eoch side thereof, that the amount assessed against Bl:wh lot or percel of land. ond against the Galletin Valley Roilway Company, shall be paid in equal annual instullments extendinf: over o;:Jcr- . lod of ~wenty (20) years; Section 4- .That tho City Engineer be, and he is herepy directed to prepare plans and specifications for the doing of said work and the mvkingof said im- provements. Section 5- That the City Clerk be, and he is hereby directed to pu.blish a notice inviting proposals for the furnishing of mater 1818, the do i:1'1g of the work, and the making of the improvements in said Special Im- provement District No. 177, and referring to the speci~ fications on file, by publishing the same in two issues of the Bozeman Daily Chronicle, the time fixed for opening of bids to be not less than ten (10) days from the time of the first Dublication of said notice, which shall be at the session of the, City Council, which 8hHll be held on the 23rd day of June, 1919. Passed and adopted by the City Council of the City of Bozeman, at an adjourned rep-ulur session therodf. held on this 9th day of June, 1919. LpDroved by the Mayor, this 9th day of June, 1919. (3.&\1) M. J. 0' Connell Acting Mayor Attest: Q. A. S1)iBtlJ City Clerk