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HomeMy WebLinkAboutResolution 2423 Levying and assessing SID 636 or improvements 2.:'.. '. COMMISSION RESOLUTION NO. 2423 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. 636 IN THE CITY OF BOZEMAN, COUNTY OF GALLA TIN, ST ATE OF MONT AN A, TO DEFRA Y THE COST OF INCIDENT AL EXPENSES INCURRED WITH THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 636. I WHEREAS, the City Commission of the City of Bozeman, did on the 13th day of May 1981 duly and regularly pass Commission Resolution No. 2327 entitled: COMMISSION RESOLUTION NO. 2327 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 ANA, TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 636 FOR THE PURPOSE OF CONSTRUCTING AND INST ALLING AN ASPHALTIC CONCRETE CURB AND GUTTER, AND NECESSARY APPURTENANCES THERETO; ALSO APPURTENANCES NECESSARY TO STORM DRAINAGE ON PEACH STREET BETWEEN ROUSE A VENUE AND WALLACE A VENUE IN THE CITY OF BOZEMAN, MONTANA. and thereafter, after due and legal proceedings, the Commission of the City of Bozeman did on the 8th day of July 1981 duly pass Commission Resolution No. 2337 entitled: COMMISSION RESOLUTION NO. 2337 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. 636 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING AN ASPHALTIC CONCRETE CURB AND G UTTER, AND NECESSARY APPUR- TENANCES THERETO; ALSO APPURTENANCES NECESSARY TO STORM DRAINAGE ON PEACH STREET BETWEEN ROUSE AVENUE AND WALLACE A VENUE IN THE CITY OF BOZEMAN, MONT ANA. I which Commission Resolution Nos. 2327 and 2337, 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 the improvements 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, the costs and expenses connected with and incidental to the formation of any special improvement district, including such costs as preparation of plans, specifications, maps, and plats, and engineering costs are considered a part of the cost of making the im- provements within such special improvement district. pursuant to Section 7-12-4169, M.C.A., 1979, and WHEREAS, incidental costs have been incurred and paid for by the General Fund of the City of Bozeman. Montana, in a good faith effort by the City to sell bonds to pay for the district's intended improvements and construction, which bond sale was unsuccessful due to lack of interested bidders; and WHEREAS, such costs should be borne by the individual district deriving the benefit of the engineering plans, which plans may be used by the district in the future, WHEREAS, incidental expenses paid for the district are the sum of Eight Thousand I for eventual completion of construction; and Seven Hundred Thirty-Six Dollars and 62/100 ($8,736.62). 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: COMMISSION RESOLUTION NO, 2423 215 BE IT RESOLVED AND IT IS HEREB Y ORDERED BY THE COMMISSION OF THE CITY OF BOZEMAN, STATE OF MONTANA I Section 1. That to defray the costs and expense of making the improvements in said Special Improvement District No. 636, there be, and there is hereby levied and assessed a tax amounting to the sum of Eight Thousand Seven Hundred Thirty-Six Dollars and 62/100 ($8,736.62), upon all property in said Special Improvement District No. 636, and that a particular description of each lot and parcel of land with the name of the owrer and the sum assessed against him, or it, for such improvements in 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 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 sum shall be made in seven installments and the payment of said installments shall extend over a period of seven 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 install- ments, together with interest thereon at the rate of nine percent (9%) per annum, shall be made; that said sum 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 20th day of September 1982 at 7:00 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 making the improvements in the said Special Improvement District No. 636 is on file in the office of the Clerk of the Commission subject 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. I I COMMISSION RESOLUTION NO. 2423 ?'" .':' !!. -. .~.. '- ' Provisionally passed and adopted by the Commission of the City of Bozeman at a regu- 1ar session thereof held on the 30th day of August 1982. MAYOR ATTEST: I Clerk of the City Commission Finally passed and adopted by the Commission of the City of Bozeman at a regular session thereof held on the 27th day of September 1982. MAYOR ATTEST: Clerk of the City Commission NOTICE 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. 636 IN THE CITY OF BOZEMAN, COUNTY OF GALLA TIN, ST A TE OF MONT AN A, TO DEFRA Y THE COST OF INCIDENT AI.. EXPENSES INCURRED WITH THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 636. NOTICE IS HEREB Y GIVEN, that at a regular session of the Commission of the City of Bozeman, held on the 30th day of August 1982, Commission Resolution No. 2423 was provi- sionally passed and adopted j that said Commission Resolution levies and assesses Special Im- provemen t District No. 636, in said City, to defray the cost of incidental expenses incurred with the improvements within said special improvement district, to wit: The boundaries of said Special Improvement District No. 636 are described as follows: Beginning at the Southwest corner of Block 119, Northern Pacific Addition to the City of Bozeman, thence East along the southern boundary of said Block 119 and the southern boundary of Block 107 said Northern Pacific Addition to the Southeast corner thereof, thence southerly to the Northeast corner of Block 6, Babcock and Davis Addition, thence along the South property line of Peach Street which is the North boundary of Block 6 and 1 of said Babcock and Davis Addition and the Perkins and Stone Tract to the Northwest corner of said tract, thence Northeasterly to the point of beginning and including 1403.0 feet of frontage. Those lots fronting on the improve- ment and included in the S.LD. are Lots 17-37 inclusive in Block 107, Lots 13-24 inclusive in Block 119, Northern Pacific Addition, the two northerly most lots of the Perkins and Stone Tract, the northern 60-foot portion of Lot 6, Block 1, Babcock and Davis Addition, and the northern most properties in Block 6 said Babcock and Davis Addition. I COMMISSION RESOLUTION NO. 2423 217 That said Commission Resolution No. 2423 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 Monday, the 20th day of September 1982, at 7: 00 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- I mission will hear and pass upon any and all objections that may be made to the final adoption of said Commission Resolution No. 2423, 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. 2327, declaring it to be the intention of the Commission to create Special Improvement District No. 636, and Commission Resolution No. 2337, creating Special Improvement District No. 636, for the pur- pose of constructing and installing an asphaltic concrete curb and gutter, and necessary appurtenances thereto; also appurtenances necessary to storm drainage on Peach Street between Rouse Avenue and Wallace Avenue in the City of Bozeman, Montana. Dated the 30th day of August 1982. ROBIN L. SULLIVAN Clerk of the City Commission I 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 was published at length in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City, in the issue dated the 9th day of September 1982, 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 20th day of October 1982. Clerk of the City Commission ommission subject to inspection 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 Commission Resolution No. 2423 was published by title and number in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in I said City, in the issue dated the 6th day of October 1982, 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 20th day of October 1982. Clerk of the City Commission ommission subject to inspection COMMISSION RESOLUTION NO. 2423