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HomeMy WebLinkAboutResolution 2368 Levying and assessing SID 599 for improvements n ", " ';...: COMMISSION RESOLUTION NO. 2368 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF T AXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DIS- TRICT NO. 599 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DIS- TRICT NO. 599. I WHEREAS, the City Commission of the City of Bozeman, did on the 7th day of May 1980 duly and regularly pass Commission Resolution No. 2185, entitled: COMMISSION RESOLUTION NO. 2185 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, MONT ANA, TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 599 FOR THE PURPOSE OF CONSTRUCTION AND INST ALLA TION OF THE ASPHALTIC CONCRETE TYPE PA VEMENT, INTEGRAL CONCRETE CURBS AND GUT- TERS, STORM DRAINS AND NECESSARY APPURTENANCES THERETO ON BOND STREET, GOLD AVENUE AND BRYANT STREET IN BOMONT CEN- TER AND INDUSTRIAL PROPERTIES SUDBIVISIONS IN THE CITY OF BOZEMAN. and thereafter, after due and legal proceedings, the Commission of the City of Bozeman did on the 28th day of May 1980 duly pass Commission Resolution No. 2194, entitled: COMMISSION RESOLUTION NO. 2194 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 599 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF AN ASPHALTIC CONCRETE TYPE PAVEMENT, INTEGRAL CONCRETE CURBS AND GUTTERS, STORM DRAINS AND NECESSARY APPURTENANCES THERETO ON BOND STREET, COLD AVENUE AND BRYANT STREET IN BOMONT CENTER AND INDUSTRIAL PROPERTIES SUDBIVISIONS IN THE CITY OF BOZEMAN. I which Commission Resolution Nos. 2185 and 2194, passed as aforesaid, are hereby referred to and made a part of this resolution for further particulars in respect to the boundaries of said district, the character of improvement to be constructed therein, the cost of said improve- ments and the method of assessing the cost against the property within said district; and WHEREA S, said improvements as contemplated in said Commission Resolution Nos. 2185 and 2194 have been constructed and completed in accordance with the terms and conditions of Commission Resolution Nos. 2185 and 2194, and the cost of said improvements so constructed is the sum of Two Hundred Thirty-Nine Thousand Seven Hundred Seventy-Two and 93/Hun- dredths Dollars ($239,772.93). NOW, THEREFORE, pursuant to the provisions of Section 7-12-4201 and Section 7-12-4223, and all other applicable provisions of Title 7, Montana Code Annotated, and amend- ments thereto: BE IT RESOLVED AND IT IS HEREBY ORDERED BY THE COMMISSION OF THE CITY OF BOZEMAN, ST A TE OF MONT ANA Section 1. That to defray the cost and expense of constructing and making the I improvements in said Special Improvement District No. 599, there be, and there is hereby levied and assessed a tax amounting to the sum of Two Hundred Thirty-Nine Thousand Seven Hundred Seventy-Two and 931 Hundredths Dollars ($239,772.93) upon all the property in said Special Im- provement District No. 599, and that a particular description of each lot and parcel of land wi th the name of the owner and the sum assessed against him or it for such improvements and COMMISSION RESOLUTION NO. 2368 029 I the amount of each partial payment to be made and the day when the same shall be delinquent is set forth in detail in the assessment list hereto attached, marked Schedule "A," and made a part hereof; that the several sums set opposite the names of the owners and the described lots and parcels of land be, and the same are hereby respectively levied and assessed upon and against said described lots and parcels of land to defray the cost and expense of constructing and making the improvements within said District; that the several sums so assessed be collected from the respective owners of said lots and parcels of land described in said assessment list, Schedule "A," as required by law; that the payment of said sums shall be made in 20 installments and the payment of said installment shall extend over a period of 19 years; that the payment of the respective annual installment shall be made on or before the 30th day of November of each year until payment of all installments, together with the interest thereon, shall be made; that said sums shall be paid and the collection thereof shall be made in the manner and in accordance with the law governing the collection of special improvement taxes; that failure to pay such assessments when the same become due and payable shall make such persons and said lots and parcels of land liable to the penalties provided by law relative to delinquent taxes. Section 2. Tha t the regula.r session of the Commission of the City of Bozeman to be held in the Commission Room in the City Hall of said City on the 16th day of December 1981 at 1:15 o'clock p.m., be, and the same is hereby designated as the time and place at which objections to the final adoption of this Resolution will be heard by said Commission. Section 3. That the Clerk of the Commission of the City of Bozeman be, and she is hereby ordered and directed to publish in the Bozeman Daily Chronicle, a daily newspaper printed and published in the said City of Bozeman, a notice signed by the Clerk of the Commission and stating that a Resolution levying and assessing a special assessment of taxes to defray the cost and expense of constructing and making the improvements in the said Special Improvement District No. 599 is on file in the office of the Clerk of the Commission sub- ject to inspection for a period of five (5) days; that said Notice shall state the time and place at which objections will be heard by the Commission for the final adoption of this Resolution; that it shall be published at least five (5) days before the day set by the Commission for the hearing of objections and the final adoption of this Resolution. Provisionally passed and adopted by the Commission of the City of Bozeman at a regu- lar session thereof held on the 2nd day of December 1981. I MAYOR ATTEST: I Clerk of the City Commission COMMISSION RESOLUTION NO. 2368 O.? : Finally passed and adopted by the Commission of the City of Bozeman at a regular session thereof held on the 16th day of December 1981. MAYOR I ATTEST: Clerk of the City Commission NOTICE HEARING, FINAL A DOPTION OF COMMISSION RESOLUTION NO. 2368, LEVYING AND ASSESSING SPECIAL IMPROVEMENT DISTRICT NO. 599, CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTION AND INST AL- LA TION OF THE ASPHALTIC CONCRETE TYPE PA VEMENT, INTEGRAL CONCRETE CURBS AND GUTTERS, STORM DRAINS AND NECESSARY APPURTENANCES THERETO ON BOND STREET, GOLD A VENUE AND BRYANT STREET IN BOMONT CENTER AND INDUSTRIAL PROPERTIES SUBDIVISIONS IN THE CITY OF BOZEMAN. NOTICE IS HEREBY GIVEN, that at a regular session of the Commission of the City of Bozeman, held on the 2nd day of December 1981, Commission Resolution No. 2368 was provi- sionally passed and adopted; that said Commission Resolution levies and assesses Special Im- making the improvements within said district, to wit: I provement District No. 599, in said City, to defray the cost and expense of constructing and The boundaries of said Special Improvement District No. 599 are described as follows: A tract of land located in the Northeast One-Quarter of Sec- tion Six, Township Two South, Range Six East, Montana Principal Meri- dian, Gallatin County, Montana, and being further described as follows: Beginning at the North One-Quarter corner of said Section Six; thence South 00013'33" West a distance of 1293.40 feet; thence North 88055'33" East a distance of 45.01 feet, to the true point of beginning; thence North 88055'33" East a distance of 840.01 feet; thence South 27025'29" West a distance of 82.00 feet; thence South 24003'33" East a distance of 55.53 feet; thence South 61020'15" East a distance of 187.55 feet; thence South 15012'20" West a distance of 122.19 feet; thence South 11043'23" East a distance of 87.61 feet; thence South 60018'31" West a distance of 29.18 feet; thence South 88055'33" West a distance of 39.03 feet; thence South 48050'51" West a distance of 94.04 feet; thence South 79046'03" West a distance of 59.03 feet; thence South 07052'38" West a distance of 50.84 feet; thence South 69013'43" East a distance of 87.89 feet; thence South 40055'31" East a distance of 154.86 feet; thence South 03000'59" East a distance of 103.76 feet; thence South 41019'20" East a distance of 82.62 feet; thence South 55052'50" West a distance of 160.17 feet; thence South 45020'35" West a distance of 56.59 feet; thence South 09044'25" West a distance of 254.66 feet; thence North 70035'22" West a distance of 499.29 feet; thence North 00013'35" East a distance of 252.02 feet; thence South 88055'33" West a distance of 386.01 feet; thence North 38024' West a distance of 105.84 feet; thence North 00013'33" East a distance of 306.41 feet; thence North 88055'33" East a distance of 389.99 feet; thence North 00013'35" East a distance of 100.00 feet; thence South 88055'33" West a distance of 389.99 feet; thence North 00013'35" East a distance of 333.70 feet to the true point of beginning and containing Lots 1 - 14, Bomont Center, Lots 1 - 9, Industrial Properties, Certificates of Survey Nos. 364, 405, and a portion of Tract 4, Northeast Annexation, said tract being 17 acres. I That said Commission Resolution No. 2368 is now on file in the office of the Clerk of the City Commission, subject to inspection for a period of five (5) days by any persons in- COMMISSION RESOLUTION NO. 2368 031 terested. That Wednesday. the 16th day of December 1981. at 1: 15 o'clock p.m. of said day, at a regular session of the Commission of the City of Bozeman. at the Commission Room in the City Hall Building of said City has been designated as the time and place where the said Com- mission will hear and pass upon any and all objections that may be made to the final adoption I of said Commission Resolution No. 2368. and the levying of a said assessment, and that said Reso- lution will finally be passed and adopted at the said regular session. All persons interested are referred to Commission Resolution No. 2185. declaring it to be the intention of the Commission to create Special Improvement District No. 599, and Commission Resolution No. 2194. creating Special Improvement District No. 599. for the pur- pose of construction and installation of the asphaltic concrete type pavement. integral con- crete curbs and gutters. storm drains and ncessary appurtenances thereto on Bond Street, Gold Avenue and Bryant Street in Bomont Center and Industrial Properties Subdivisions in the City of Bozeman. Dated the 2nd day of December 1981. ROBIN L. SULLIVAN Clerk of the City Commission I State of Montana ) County of Gallatin ) Ci ty of Bozeman ) I. Robin L. Sullivan. Clerk of the City Commission of the City of Bozeman. do hereby certify that the foregoing Notice in Re No. 2368 was published in length in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City, in the issues dated December 9, 1981 and due proof of such publication is on file in my office. IN WITNESS WHEREOF. I hereunto set my hand and affix the corporate seal of my office this 21st day of January 1982. Clerk of the City Commission I COMMISSION RESOLUTION NO. 2368 or .' State of Montana County of Gallatin City of Bozeman I, Robin L. Sullivan, Clerk of the Commission of the City of Bozeman do hereby certify that the foregoing Resolution No. 2368 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 dated the 27th day of December 1981, and due proof of such publication is on file in my office. IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my office this 21st day of January 1982. I Clerk of the City Commission I I COMMISSION RESOLUTION NO. 2368