HomeMy WebLinkAboutResolution 2372 Levying and assessing SID 616 for improvements: Provisional 12-02-81
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COMMISSION RESOLUTION NO. 2372
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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. 616 IN THE CITY OF BOZEMAN, COUNTY OF GALLA TIN,
STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND
MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DIS-
TRICT NO. 616.
WHEREAS, the City Commission of the City of Bozeman, did on the 3rd day of October
1979 duly and regularly pass Commission Resolution No. 2102 entitled:
COMMISSION RESOLUTION NO. 2102
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT AN A, DECLARING IT TO BE THE INTENTION OF THE CITY OF
BOZEMAN, MONT AN A, TO CREATE A SPECIAL IMPROVEMENT DISTRICT
TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 616 FOR THE
PURPOSE OF CONSTRUCTING AND INSTALLING AN ASPHALTIC CONCRETE
TYPE PAVEMENT, INTEGRAL CONCRETE CURBS AND GUTTERS, AND
NECESSARY APPURTENANCES THERETO; ALSO APPURTENANCES NEC-
ESSARY TO STORM DRAINAGE ON WEST KOCH STREET BETWEEN SOUTH
20TH AND SOUTH 23RD A VENUE IN THE CITY OF BOZEMAN, MONT ANA.
and thereafter, after due and legal proceedings, the Commission of the City of Bozeman did
on the 14th day of November 1979 duly pass Commission Resolution No. 2142 entitled:
COMMISSION RESOLUTION NO. 2142
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A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT AN A, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE
KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 616 OF THE CITY OF
BOZEMAN FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION
OF AN ASPHALTIC CONCRETE TYPE PAVEMENT, INTEGRAL CONCRETE
CURBS AND GUTTERS, AND NECESSARY APPURTENANCES THERETO;
ALSO APPURTENANCES NECESSARY TO STORM DRAINAGE ON KOCH
STREET BETWEEN SOUTH 20TH AND SOUTH 23RD IN THE CITY OF
BOZEMAN, MONTANA.
which Commission Resolution Nos. 2102 and 2142, 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.
2102 and 2142 have been constructed and completed in accordance with the terms and condi-
tions of Commission Resolution Nos. 2102 and 2142, and the cost of said improvements so con-
structed is the sum of Eighty-One Thousand Six Hundred Twenty-Two and 62/100 Dollars
($81,622.62).
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:
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BE IT RESOLVED AND IT IS HEREBY ORDERED BY THE COMMISSION OF THE
CITY OF BOZEMAN, STATE OF MONTANA
Section 1. That to defray the cost and expense of constructing and making the
improvements in said Special Improvement District No. 616, there be, and there is hereby levied
and assessed a tax amounting to the sum of Eighty-One Thousand Six Hundred Twenty-Two
and 62/100 Dollars ($81,622.62) upon all the property in said Special Improvement District No.
616, and that a particular description of each lot and parcel of land with the name of the owner
COMt1ISSION RESO~UTION NQ_! 2372
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and the sum assessed against him or it for such improvements and 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 Jots 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. 616 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 of the City Commission
COMMISSION RESOL UTION NO. 2372
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Finally passed and adopted by the Commission of the City of Bozeman at a regular
session thereof held on the
day of
198
MAYOR
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ATTEST:
Clerk of the City Commission
NOTICE
HEARING, FINAL ADOPTION OF COMMISSION RESOLUTION NO. 2372,
LEVYING A ND ASSESSING SPECIAL IMPROVEMENT DISTRICT NO. 616,
CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTION AND IN-
STALLATION OF AN ASPHALTIC CONCRETE TYPE PAVEMENT, INTE-
GRAL CONCRETE CURBS AND GUTTERS, AND NECESSARY APPURTEN-
ANCES THERETO, ALSO APPURTENANCES NECESSARY TO STORM DRAIN-
AGE ON KOCH STREET BETWEEN SOUTH 20TH AND SOUTH 23RD IN THE
CITY OF BOZEMAN, MONTANA.
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. 2372 was provi-
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sionally passed and adopted; that said Commission Resolution levies and assesses Special Im-
provement District No. 616, 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. 616 are described
as follows:
Those properties fronting on Koch Street between Blocks 3A and 4A as
dedicated in the amended subdivision plat of portions of Blocks 3 and 4
of Kirk Subdivision No.4 in the SEt of Section 11, T2S, R5E, M.P.M.,
City of Bozeman, Gallatin County, Montana. The frontage distance is
1589.40 feet. The north line of said Koch Street begins 650.19 feet
North on a line bearing North 00000'07" East from the southwest corner
of said Block 4, thence North 89059'53" East a distance of 100.79 feet,
thence a cord distance of 193.93 feet on an arc with a radius of 217.97
feet, and an angle of 50058'36", thence North 39001'31" East a distance
of 60.00 feet, thence a cord distance of 334.77 feet on an arc with
radius of 379.27 feet and an angle of 50034'26", thence North 89035'57"
East a distance of 105.21 feet to the southeast corner of Block 3, now
Block 3A of Kirk's Subdivision No. 4 to the City of Bozeman.
That said Commission Resolution No. 2372 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
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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. 2372, and the levying of said assessment, and that said
Resolution will finally be passes and adopted at the said regular session.
All persons interested are referred to Commission Resolution No. 2102, declaring it
to be the intention of the Commission to create Special Improvement District No. 616, and
COMMISSION RESOLUTION NO. 2372
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Commission Resolution No. 2142, creating Special Improvement District No. 616, for the
purpose of construction and installation of an asphaltic concrete type pavement, integral
concrete curbs and gutters and necessary appurtenances thereto, also appurtenances necessary
to storm drainage on Koch Street between South 20th and South 23rd in the City of Bozeman,
Montana.
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Dated the 2nd day of December 1981.
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. 2372 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
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COMMISSION RESOLUTION NO. 2372