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HomeMy WebLinkAboutResolution 2371 Levying and assessing SID 613 for improvements: 041 COMMISSION RESOLUTION NO. 2371 I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DIS- TRICT NO. 613 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. 613. WHEREAS, the City Commission of the City of Bozeman, did on the 13th day of June 1979 duly and regularly pass Commission Resolution No. 2074 entitled: COMMISSION RESOLUTION NO. 2074 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, MONTANA, TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 613 FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING AN ASPHALTIC CON- CRETE TYPE PAVEMENT, INTEGRAL CONCRETE CURB AND GUTTER, AND NECECCARY APPURTENANCES THERETO; ALSO APPURTENANCES NECESSARY TO STORM DRAINAGE ON BROADWAY AVENUE BETWEEN EAST MENDENHALL STREET AND AVOCADO STREET IN THE CITY OF BOZEMAN, MONT ANA. and thereafter, after due and legal proceedings, the Commission of the City of Bozeman did on the 11th day of July 1979 duly pass Commission Resolution No. 2081 entitled: COMMISSION RESOLUTION NO. 2081 I 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. 613 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTION AND INST ALLA TION OF AN ASPHALTIC CONCRETE TYPE PAVEMENT, INTEGRAL CONCRETE CURBS AND GUTTERS, AND NECESSARY APPURTENANCES THERETO; ALSO APPURTENANCES NECESSARY TO STORM DRAINAGE ON BROAD- WA Y A VENUE BETWEEN EAST MENDENHALL STREET AND AVOCADO STREET IN THE CITY OF BOZEMAN, MONTANA. which Commission Resolution Nos. 2074 and 2081, 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 WHEREAS, said improvements as contemplated in said Commission Resolution Nos. 2074 and 2081 have been constructed and completed in accordance with the terms and conditions of Commission Resolution Nos. 2074 and 2081, and the cost of said improvements so constructed is tbe sum of One Hundred Ninety Thousand and No/100 Dollars ($190,000.00). 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, STATE OF MONT ANA I Section 1. That to defray the cost and expense of constructing and making the improvements in said Special Improvement District No. 613, there be, and there is hereby levied and assessed a tax amounting to the sum of One Hundred Ninety Thousand and No/I00 Dollars ($190,000.00) upon all the property in said Special Improvement District No. 613, ann fh;;lt ;'I. particular description of each lot and parcel of land with the name of the owner and the sum assessed against him or it for such improvements and the amount of each partial payment to be cm1MISSION RESOLUTJON NO. 2371 01: >: 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. That the regular 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. 613 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. MAYOR ATTEST: Clerk ot the City CommisslOn COMMISSION RESOLUTION NO. 2371 I I I 043 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 ADOPTION OF COMMISSION RESOLUTION NO. 2371, LEVYING AND ASSESSING SPECIAL IMPROVEMENT DISTRICT NO. 613, CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INST ALLING AN ASPHALTIC CONCRETE TYPE PAVEMENT, INTEGRAL CONCRETE CURB AND GUTTER, AND NECESSARY APPURTENANCES THERETO; ALSO APPURTENANCES NECESSARY TO STORM DRAINAGE ON BROADWA Y A VENUE BETWEEN EAST MENDENHALL STREET AND A VOCADO STREET IN THE CITY OF BOZEMAN, MONT ANA. 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. 2371 was provi- I sionally passed and adopted; that said Commission Resolution levies and assesses Special Im- provement District No. 613, in said City, to defray the cost and expense of constructing and making the improvements within said district, to wit: The boundaries of said Special Improvement District No. 613 are described as follows: Those properties fronting on Broadway Avenue between East Mendenhall Street and Avocado Street in the City of Bozeman, more particularly Broadway Avenue between Blocks 32-33, 41-42, 45-46, Northern Pacific Addition to the City of Bozeman, Montana. The frontage distance of the aforementioned property is 2,915 feet long. That said Commission Resolution No. 2371 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- 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 of said Commission Resolution No. 2371, and the levying of a said assessment, and that said Resolution will finally be passed and adopted at the said regular session. I All persons interested are referred to Commission Resolution No. 2074, declaring it to be the intention of the Commission to create Special Improvement District No. 613, and Commission Resolution No. 2081, creating Special Improvement District No. 613, for the pur- pose of constructing and installing an asphaltic concrete type pavement, integral concrete curb and gutter, and necessary appurtenances thereto; also appurtenances necessary to storm COMMISSION RESOLUTION NO. 2371 n' I. .. '-. .~ drainage on Broadway Avenue between East Mendenhall Street and Avocado Street in the City of Bozeman, Montana. Dated the 2nd day of December 1981. I ROBIN L. SULLIVAN Clerk of the City Commission 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 Notice in Re No. 2371 was published at length in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City, in the issue 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 State of Montana ) County of Gallatin ) Ci ty of Bozeman ) I I, Robin L. Sullivan, Clerk of the Commission of the City of Bozeman, do hereby certify that the foregoing Commission Resolution No. 2371 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 December 27, 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. Cler k of the City Commission I COMMISSION RESOLUTION NO. 2371