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HomeMy WebLinkAboutRes 942: Creating SID No. 175 ~_~.~~m~.........J...~~_. -- ,----.- .' - .~~~..~,~._,.~~.~,,",.~.,-,,~.~~, _ .~._~.~.__."~.~w~ ". ._.. ---~.. -~~-- _.~~ .~ ~. COUNCIL RESOLUTION NO. 942 A COUlW I!" RESOL UT ION CREAT IlW SPECIAL IMPHOVEMBHT DISTRICTIJO. 175 OF THE CITY OF BOZEM~AN, STATE OF MONTANA, FOR THE PURPOSE OF CONSTRUCT- ING P,AVEMENT J\HD CURBS ON AND GRADIHG THAT PORTION OF COIJLEGE STREET BETWEEN THE WEST IJ HIE OP BIGHTH A VENUE AND THE CENTER Lnm OF l~LEVEl~TH AVBlJUE, IN THE CITY OF BOZEMAH, STATE OF MonTANA, ORDERING SUCH 1,VORK TO BE DONE ':'HEREIN .AND PROVIDING FOR' THE ASSESSMENT OF THE ENTiRE COS~ ~~D E~T~n~E OF MAKING SAID IMPROVEMENT AGA INST ~HE PROP~~HTY V1ITEIN SA ID DISTRICT, UNDER AND BY VIRTUE OF THE PROVISIO.US 0]' CFU\PTER 8S<, LAWS OF MONTANj:" 13TH SESSION, 191::3, AS LMENDED BY (;UAPTER 142, LA1113 OP MONTANA, 14TH SESSION, 1915 WHEREAS, at a reiTu1ar session of the City \;;ounci1 of the City of Bozeman, state of Montana, held on the 15th day of May, 1919, the su id City Council duly passed Council Res- r olution NO.. 925 A. dec18rinp; it to be the intention of Lhe said City Council to create a special improvement district to be known and designated 8S Special Improvement District No. 175 of said City, for the purpose of constructing paving and curbs, and grading that portion of COllege Street between the west line of Eighth Avenue and thecenter line of b1eventh Ave,nue in the t:i ty of Bozeman, State of Montana, and to spec- ially assess the entire cost and expense of making the said improvements within said District, under and by virtue of the " provisions of Whapter 89, Laws of Montana, 13th Session, 1913, as amended by Chapter 142, Laws of Montana~ 1915; which said Council Resolution is hereby referred to and made a pbrt hereof for further particulars in resnect to the boundaries of said District, the estimated cost of said improvements and the method of asseusinp: the same ag<ojinst the pro'DI:.1rty wlthin sfJid District, and WHEREAS, notice of the passage of said Council Res- olution 1J8: 925 A was duly published in one issue of the Weekly -........-..-........----.---....~~.~.~~~-"~-~.~-.......----,-~~.~.~----.-....~...-~~-~~~ - ~._- - - ~="."'''~'~~~~~_=:o;...''";;:;;:.-~~~-=-~~--~~..'':t-........-T.::-"~~~......'----::=,~ - ~--~~-,-~.,.~ -2- WHEREAS, within the time provided by law and said notice, protests were deli~ered to and presented to the City Clerk (Clerk of the City C~Qncil) in writing a~oinst the proposed work or the c~eation of said District or the extent thereof and said City Council being in regular session on r:;:'hursday, the 5th day of JlU1e, 1919, at se von-th5rty 0 '01 oak 1? 11. in the Council Chamber, said Oity, the son:o being the time and place designated for hearinf protests, if any, . a~8inst the creation of said District have been referred to the street Committee and the sBid street Comr.1ittee IHiving at an adjourned rep:ular session of the City Council held on the 9th day of June, 1~n9, made its report and recommendaU.on to sf~id City Council, as follows: " The total area in said district is 289, 227.75 square feet; the total area of the protests is 41,037.75 square feet, or 14% of the total area; this Hrea of the pro- tests are therefore less than one-hDlf of the total area in the district. Vie therefore find that the ~roteBts ere in- sufficient and recommend the oreation of the district.t! and said report having been accepted end the recommendation adopted and it further t)J?pea:c ing that all the proceedings for the creation of said District have been complied with. \ NOW THERB:B-'OHE, BE IT RESOLVED BY THE CITY COUNCIL OF ~HE CITY 0]-' BOZ.r.;1lAN, STA TE 0]' MONTANA: Section 1- ~h8t the protests filed Bnd presented B6 hereinbefore set forth against the proposed work, the croatian of suid District or the extent thereof, be and the same are hereby declared to be insufficient and ere herewith end hereby over-ruled; Section 2- Thut said Special Imnrovement District No. 175 of the City of Bozeman, State of Montana, be Dnd the . same is heroby, created for the ymrpose of mukinp.: the lmorove- ments as hereinafter described; Section 3- That slJid upecis1 imprOVQ:l1ents be, and the same are hereby, ordered "to be made in said Special Im- ..------------- - --. ~-~,.,-- -~~~. ~~.._._,,~.,~ on -3- . provement District No. 175 as follows: The construction of concrete curbs along both sides of the Suid College Street end the ~rading and povinft' of said CollB~e Street from the west line of Eip:hth Avenue to the center line of said Eleventh Avenue, within said District; That the said paving will be one of the following type~ of p~vement, to-wit: Standard Bitulithic pavement on a rock base with or without concrete gutters; 3tandard Bituli- thic pavement on a cement concrete base, or Asphalt Macadam of a stBndBrd grade of asphalt. Bids will be received On all of the foreRoing types, of TIavement, and a selection will be made therefrom; Section 4- That the entire cost and expense of mak- ing the spech,l improvement herein set far th in said Special Improvement District Ho. 175, shall be paid by Special Im- provement District Coupon Bonds, of the denomination of One Hundred Dollar::; (or fraction thereof, where nocessary), to be drawn a~8ins~ a fund to be known and desi~nBted as "Special Lmprovernent District Ho. 175 Fund", and wh i ch 1)onds shall be redeemable at the option of the City at any time that there Bre funds to the credit Qf said Speciul Im- provement District No. 175, for the redemption thereof, Bnd shall draw simole interest at the rate of six pOl' cent per annum, Bnd such interest from the dote of the registrat- ion of the bonds until the pByment of tho first installment will be colleoted by the City Treasurer at the time of coll- ecting such first installment; that the entire cost end ex- pense of the said improv'cments vii thin said District, shall be eaoh lot pi parcel of land within said Difiltriot defrayed by a 13pecial assessment against the entiredistric!J to be assessed for that nortion of the whole cost which its area bears to the area of the entire district, exclusive of streets, avenues, all~ys and public pltlces, and that the amount assessed against each lot or ~orcel of land, shall be paid in equal annual installments extending over a period of twenty (20) years; _~ ~ ~ ._ ,_ ~ ~,,~_ .~.~~ _'~~m~~~.;.~ . ..=. -4- Section 5- That the City ~nRineer bo, nnd he is hereby directed to propare plans and specifications for the doing of the said work and the making of said improvements; Section 6- That the City Clerk, be and he is hereby directed to publish a notice inviting propos- als for the furnishing of material, the doing of the work, and the making of the improvements in seid Spec- ial Improvement District No. 175, and referring to the specifications on file, bynublishing the same in two issueS of the Bozeman Daily Chrorticle, the time fixed for openin~ of bids to be not less thon ten (10) days from the time oftha firstou bl icat i on of s~dd notice, which shall be on the 3rd day of July, 1919. ?assed and adopted by the City Council of the City of Bozeman, at an refulur session thereof, held on this 19th day of June, 1919. Approved by the :M.ayor thi s 19th duy of June to 1919. C. W. Swe e t - Mt:!yor - (SEAL) Attest: c. i'.. Spieth City Clerk n. _...__... .___. ..--....----.--. ,...-..---..-...-