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HomeMy WebLinkAboutResolution 2382 Levying and Assessing SID 630 for Improvements: Provisional 12-02-81 087 COMMISSION RESOLUTION NO. 2382 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. 630 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, ST A TE OF MONT ANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DIS- TRICT NO. 630. WHEREAS, the City Commission of the City of Bozeman, did on the 29th day of October 1980 duly and regularly pass Commission Resolution No. 2266 entitled: COMMISSION RESOL UTION NO. 2266 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. 630 FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING AN ASPHALTIC CONCRETE TYPE PAVEMENT, INTEGRAL CONCRETE CURBS AND GUTTERS, AND NECESSARY APPURTENANCES THERETO; ALSO APPURTENANCES NECESSARY TO STORM DRAINAGE ON SOUTH 22ND AVENUE BETWEEN SOUTH 20TH AND KOCH STREET IN THE UNIVERSITY SQUARE SUB- DIVISION IN THE CITY OF BOZEMAN, MONT AN A. and thereafter, after due and legal proceedings, the Commission of the City of Bozeman did on the 10th day of December 1980 duly pass Commission Resolution No. 2283 entitled: COMMISSION RESOLUTION NO. 2283 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. 630 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING AN ASPHALTIC CONCRETE TYPE PAVEMENT, INTEGRAL CONCRETE CURBS AND GUTTERS, AND NECESSARY APPURTENANCES THERETO; ALSO APPURTENANCES NECESSARY TO STORM DRAINAGE ON SOUTH 22ND A VENUE BETWEEN SOUTH 20TH AND KOCH STREET IN THE UNIVERSITY SQUARE SUBDIVISION TO THE CITY OF BOZEMAN, MONTANA. which Commission Resolution Nos. 2266 and 2283, 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 preliminary cost of said improvements, based upon the amount of the bond issue, and the method of assessing the cost against the property within said district; and WHEREAS, said improvements as contemplated in said Commission Resolution Nos. 2266 and 2283 have been constructed and completed in accordance with the terms and conditions of Commission Resolution Nos. 2266 and 2283, and the preliminary cost of said improvements so con- structed, based upon the amount of the bond issue, is the sum of One Hundred Twenty Thousand and No/I00 Dollars ($120,000.00). 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 amencl- ments thereto: I 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 imnrovementR in said Snedal Improvement Oistrict Nn. (;~O, there ne, ann there is het'envlevied and assessed a tax amounting to the sum of One Hundred Twenty Thousand and No/I00 Dollars ($120,000.00) upon all the property in said Special Improvement District No. 630, hereby abated, COMMISSION RESOLUTICN NO. 2382 (l \.~~ ~~/ and that a 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 payrlent 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 II A, II 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 I 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, II as required by law; that the payment of said sums shall be made in 20 installments and the payment of said install- ment shall extend over a period of 19 years; that the payment of the respective annual install- ment 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. I 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. 630 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: I Clerk of the City Commission COMMISSION RESOLUTION NO. 2382 089 Finally passed and adopted by the Commission of the City of Bozeman at a regular session thereof held on the day of 1981. MAYOR I ATTEST: Clerk of the City Commission NOTICE HEARING, FINAL ADOPTION OF COMMISSION RESOLUTION NO. 2382, LEVYING AND ASSESSING SPECIAL IMPROVEMENT DISTRICT NO. 630, CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND IN- STALLING AN ASPHALTIC CONCRETE TYPE PAVEMENT, INTEGRAL CONCRETE CURBS AND GUTTERS, AND NECESSARY APPURTENANCES THERETO; ALSO APPURTENANCES NECESSARY TO STORM DRAINAGE ON SOUTH 22ND A VENUE BETWEEN SOUTH 20TH AND KOCH STREET IN THE UNIVERSITY SQUARE SUBDIVISION IN THE CITY OF BOZEMAN, MONT ANA. NOTICE IS HEREB Y 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. 2382 was provi- I sionally passed and adopted; that said Commission Resolution levies and assesses against ~pecial Improvement District No. 630, in said City, a preliminary amount based upon the bond issue established for said district, and further to provide for the cost and expense of making im- provements within said District, to wit: The boundaries of said Special Improvement District No. 630 are described as follow s : Portions of Block 4A-l, of the Amended Subdivision Plat of Blocks 3-4 of Kirk's Subdivision No. 4 and Lots 8, 9 and 10, Block 2 of said Kirk's Subdivision No. 4 beginning at the southwest corner of said Block 4; thence North 89054'30" East a distance of 175.00 feet to the true point of beginning; thence North 00000'07" East a distance of 470.00 feet; thence North 89054'30" East a distance of 120.00 feet; thence North 13020'00" West to the south right-of-way of West Koch Street; thence along the south right-of-way of said Koch Street a distance of 409.86 feet to the northeast corner of Lot 3, Block 1, University Square Sub- division to the City of Bozeman; thence along the east side of said Lot 3 on a bearing South 00000'05" West a distance of 184.64 feet; thence North 89035'57" East a distance of 120.00 feet to the west boundary of said Block 2, Kirk's Subdivision No.4; thence South 00000'05" West a distance of 413.39 feet; thence North 89058'14" East a distance of 120.01 feet to the west right-oi-way of South 20th Avenue; thence along said west right-of-way a distance of 259.07 feet; thence South 89054'30" West a distance of 650.10 feet to the true point of beginning. This area in- cludes Lots 1 and 3, Block 1 and Lots 1-5, Block 2 said University Square Subdivision to the City of Bozeman, Montana, and containing 346,732.6 square feet. I That said Commission Resolution No. 2382 is now on file in the office of the Clerl- 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 replllar sesRioTl ('If tnp rornrnission of t"'e rity of Pozeman, 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 COMMISSION RESOLUTION NO. 2382 nq i \ . of said Commission Resolution No. 2382, and the levying of a said preliminary assessment, based upon the amount of the bond issue, and that said Resolution will finally be passed and adopted at the said regular session. All persons interested are referred to Commission Resolution No. 2266, declaring it to be the intention of the Commission to create Special Improvement District No. 630, and Commission Resolution No. 2283, creating Special Improvement District No. 630, for the pur- pose of constructing and installing an asphaltic concrete type pavement, integral concrete curbs and gutters, and necessary appurtenances thereto; also appurtenances necessary to storm drainage on South 22nd Avenue between South 20th and Koch Street in the University Square Subdivision in the City of Bozeman, Montana. Dated the 2nd day of December 1981. ROBIN L. SULLIVAN Clerk of the City Commission State of Montana ) County of Gallatin ) Ci ty 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. 2382 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 22nd day of January 1982. Clerk of the City Commission COMMISSION RESOLUTION NO. 2382 I I I