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HomeMy WebLinkAboutResolution 2433 Relevying and reassessing SID 558 for improvements 247 COMMISSION RESOLUTION NO. 2433 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELEVYING AND REASSESSING SPECIAL ASSESSMENT TAXES UPON ALL PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 558 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 DISTRICT NO. 558. I WHEREAS, the City Commission of the City of Bozeman, did on the 7th day of January 1976, duly and regularly pass Commission Resolution No. 1774 entitled: COMMISSION RESOLUTION NO. 1774 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 S~~CIAL IMPROVEMENT DISTRICT NO. 558 FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING AN ASPHALTIC-CONCRETE TYPE PAVEMENT, INTEGRAL CONCRETE CURBS AND GUITERS, AND NECESSARY APPURTENANCES THERETO ON MORROW STREET, SPRING CREEK DRIVE, LANGOHR AVENUE BETWEEN ARNOLD STREET AND WESTRIDGE DRIVE, ARNOLD STREET BETWEEN LANGOHR AVENUE AND SOUTH THIRD AVENUE, AND WESTRIDGE DRIVE BETWEEN LANGOHR AVENUE AND SOUTH THIRD AVENUE IN THE FIGGINS ADDITION TO THE CITY OF BOZEMAN. and thereafter, after due and legal proceedtngs. the Commission of the City of Bozeman did on the 11th day of February 1976 duly pass Commission Resolution No. 1778 entitled: COMMISSION RESOLUTION NO. 1778 A RESOLUTION OF THE CITY COMMISSrON OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, MONTANA, TO CREATE A SPECIAL IM- PROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 558 FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING AN ASPHALTIC-CONCRETE TYPE PAVEMENT, IN- TEGRAL CONCRETE CURBS AND GUTTERS, AND NECESSARY APPURTENANCES THERETO ON MORROW STREET, SPRING CREEK DRIVE, LANGOHR AVENUE BETWEEN ARNOLD STREET AND WESTRIDGE DRIVE, ARNOLD STREET BETWEEN LANGOHR AVENUE AND SOUTH THIRD AVENUE, AND WESTRIDGE DRIVE BETWEEN LANGOHR AVENUE AND SOUTH THIRD AVENUE IN THE FIGGINS ADDITION TO THE CITY OF BOZEMAN. I which Commission Resolution Nos. 1774 and 1778, passed as aforesaid, are hereby referred to and made a part of this resolution for further parttculars in respect to the boundaries of said district, the character of improvement to be constructed therein, the estimated cost of said improvements, and the method of assessing the cost against the property within said district; and WHEREAS, said improvements were constructed and completed in accordance with the terms and conditions of Commission Resolution Nos. 1774 and 1778; and WHEREAS, the City Commission of the City of Bozeman. did on the 18th day of October 1978, duly and regularly pass Commission Resolution No. 2009, entitled: COMMISSION RESOLUTION NO. 2009 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESS- ING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DIS- TRICT NO. 558 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DE- FRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IM- PROVEMENT DISTRICT NO. 558. I which Resolution levied and assessed a tax amounting to $162,939.55 upon all the property in said Special Improvement District No. 558; and WHEREAS, it is now necessary to relevy and reassess the District for additional costs paid to complete construction of said improvements as described in Commission Resolution Nos. 1774 and 1778, which costs were not included in the original assessment, to be paid over the remaining life of the assessment as originally stated in Commission Resolution No. 2009; NOW, THEREFORE, pursuant to the provisions of Section 7-12-4186, Montana Code Annotated: COMMISSION RESOLUTION NO. 2433 ?~ 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 im- provements in said Special Improvement District No. 558, there be, and there is hereby re- levied and reassessed a tax amounting to the sum of One Hundred Seventy Thousand Dollars and 00/100 ($170,000.00) upon all property in said Special Improvement District No. 558, 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 pay- ment to be made and the day when the same shall be del f nquent is set forth in detail in the assessment list hereto attached, marked "Schedule All, 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 im- provements within said District; that the seyeral 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 over the remaining life of the assessment as originally provided for in Commission Resolution No. 2433; that the pay- ment 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 Chamber in the City Hall of said City on the 6th day of December 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 Commis- sion and stating that a Resolution relevying and reassessing a special assessment of taxes to defray the cost and expense of constructing and making the improvements in the said Special Improvement District No. 558 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. PROVISIONALLY PASSED AND ADOPTED by the Commission of the City of Bozeman at a regular session thereof held on the 8th day of November 1982. COMMISSION RESOLUTION NO. 2433 I I I 249 Mayor ATTEST: I Clerk of the Commission FINALLY PASSED AND ADOPTED by the Commission of the City of Bozeman at a regular session thereof held on the 6th day of December 1982. Mayor ATTEST: tsi--'~ 7 / / leA , // aL.{:~'{I/-f / / :,:.~-;pnct-7-'/ Acting Clerk of the Commission I NOT ICE HEARING, FINAL ADOPTION OF COMMISSION RESOLUTION NO. 2433, RELEVYING AND REASSESSING SPECIAL IMPROVEMENT DISTRICT NO. 558, CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF AN ASPHALTIC CON- CRETE TYPE PAVEMENT, INTEGRAL CONCRETE CURBS AND GUTTERS, AND NECESSARY APPURTENANCES THERETO ON MORROW STREET, SPRING CREEK DRIVE, LANGOHR AVENUE BETWEEN ARNOLD STREET AND W'ESTRIDGE DRIVE, ARNOLD STREET BETWEEN LANGOHR AVENUE AND SOUTH THIRD AVENUE, AND WESTRIDGE DRIVE BETWEEN LANGOHR AVENUE AND SOUTH THIRD AVENUE IN THE FIGGINS ADDITION TO 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 8th day of November 1982, Commission Resolution No. 2433 was provisionally passed and adopted; that said Commission Resolution relevies and reassesses Special Improvement District No. 558, 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. 558 are described as fo 11 ows : I Beginning at the East one-quarter corner of Section 24, Township 2 South, Range 5 East, M.P.M., Gallatin County, Montana; thence North 0013100" East a distance of 1050.78 feet; thence South 89018'00" West a distance of 40.01 feet to the true point of beginning, said true point of beginning being the southeast corner of Lot 1 Block 3, of the Figgins Addition to the City of Bozeman; thence North 0013100" East a distance of 275.00 feet; thence North 0000'05'1 East a distance of 1086.14 feet to a poiBt on the east line of Lot I, Block 9, Figgins Addition; thenco South 89 18100" West a distance of 163.39 feet to a point; thence South 0 00'05" West a distance of 140 feet to She northeast corner of Lot 7, Block 1, Figgins Addition; thence South 37 57124" West a distance of 144.07 beet to the southwest corner of Lot 7, of said Block 1; thence South 34 43124" East a distance of 144.87 feet to the southeast corner of said Lot 8 of Block 1; thence South 0 07100" West a distance of 49 feet to the northeast corner of Lot 21 of said Block 1; thence South 37 34'02" West a distance of 148.01 feet COMMISSION RESOLUTION NO. 2433 ?~ to the southwest corner of said Lot 21; thence South 89018'00" West a distance of 490.00 fe8t; thence South 0007'00" West a distance of 573.10 feet; thence North 89 18'00" East a distance of 490.00 feet to the north- west corner of Lot 50 of Block 1, Figgins Addition; thence South 34027'55" East a distanc8 of 158.57 feet to the southeast corner of said Lo~ 50; thence South 0 07'00" West a distance of 60 feet; thence North 89 18'00" East a distance of 60 feet to the northwest corner of Lot 1, Block 4, Figgins Addition, thence South 54018'5711 East a distance of 128.94 feet to the southeast corner of said Lot 1, the true point of beginning. Conta i ned within the above-.described exteri or boundari es are the fOllowing Lots, Blocks and Tracts of land, to-wit: The southeast one-half of Lot 7, the northeast one-half of Lot 8, the southeast one-half of Lot 21. all of Lots 22 through 49 inclusive. and the northeast one-half of Lot 50, all in Block 1; Lots 1 through 13 inclusive of Block 2; and the northeast one-half of Lot 1 of Block 3, all of the above in the Figgins Addition to the City of Bozeman. That said Commission Resolution No. 2433 is now on file in the office of the Clerk of I the City Commission. subject to inspection for a period of five (5) days by any persons in- terested. That Monday. the 6th day of December 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- mission will hear and pass upon any and all objections that may be made to the final adoption of said Commission Resolution No. 2433. and the re1evying of a said assessment, and that said Resolution will finally be passed and adopted at the said regular session. All persons interested are referred to Commission Resolution No. 1774. declaring it to be the intention of the Commission to create Special Improvement District No. 558, and Commission Resolution No. 1778, creating Special Improvement District No. 558, for the pur- I pose of constructing and installing an asphaltic concrete type pavement, integral curbs and gutters and necessary appurtenances thereto on Morrow Street, Spring Creek Drive. Langohr Avenue between Arnold Street and Westrtdge Drive. Arnold Street between Langohr Avenue and South Third Avenue. and Westridge Drive between Langohr Avenue and South Third Avenue in the Figgins Addition to the City of Bozeman. Dated the 8th day of November 1982. ROBIN L. SULLIVAN Clerk of the City Commission State of Montana County of Gallatin City of Bozeman I, Robin L. Sullivan, Clerk of the City Commission of the City of Bozeman, do hereby certify that the foregoing Notice was published in length in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City, in the issue dated the 28th day of November 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 30th day of November 1982. I Clerk of the City Commission COMMISSION RESOLUTION NO. 2433 251 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 Resolution No. 2433 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 14th day of December 1982. IN WITNESS WHEREOF. I hereunto set my hand and affix the corporate seal of my office this 20th day of December 1982. Clerk of the City Commission I I COMMISSION RESOLUTION NO. 2433