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HomeMy WebLinkAboutResolution 2240 Levying and assessing SID 598, paving in Wheat Commercial Subdivision: 10-29-80 .~-- 161 CI:Mv1ISSI(]\J RESOLUTION 00. 2240 A RFS)WTICN CF THE CDMSSICN CF THE CI1Y CF IDZEMAN, MJNTANA, LEVYI~ AND ASSESSINJ A SPECIAL ASSESSMENT CF TAXES UR:N ALL 1HE PROPER'IY IN SPECIAL IMPROJEMENI' DISTRICT NO. 598 IN 1HE CI1Y OF IDZEMAN, ())UNlY OF GALLATIN, STATE cr M:NrANA, 10 DEFRAY 'IRE CDST CF CONSIRlCTING AND MAKINJ 1HE Th.fPROlEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT 00. 598. I WHERF--AS, the City C'..an:nission of the City of Bozeman, did on the 13th day of June, 1979, duly and regularly pass CCnnUssion Resolution No. 2070 entitled: CD.,flISSICN RESOLUI'ICN NO. 2070 A RESJLUTICN (Ii' THE CI'IY aJ,.fIlISSIC'N CF THE CITY CF IDZEMAN, MJNTANA, DEClARIN:; IT 10 BE 1HE INTENI'IOO CF 1HE CITY CF OOZEMAN, M:NrANA, TO CREATE A SPECIAL IMFRCNEMENT DISTRICT 10 BE KNCWN AS SPECIAL IMPROIEMENT DISTRICT NO. 598 FCR 1HE Pt.JRroSE CF a:>NSIROCI'IOO AND INSTALLATICN OF AN ASPHALTIC mr-mETE TYPE PAVEMF.NI', INTEGRAL CDN:REl'E OJRBS AND GUTTERS, SIOIM mAINS AND NOCESSARY APPlRI'ENAN:ES 'IHEREIO CN NCRI'fMO)D DRIVE IN WHEAT SJBDIVISICN IN THE CITY CF IDZEMAN. and thereafter, after due and legal proceedings, the C'AD1I1ission of the Ci ty of Bozeman did on the 11th day of July, 1979, duly pass Camrrdssion Resolution No. 2077 entitled: ffi.tlISSICN RESOLUTICN NO. 2077 A RF.soLUTICN CF THE CITY (J)vtfiSSICN CF THE CIIT CF IDZEMAN, ~.'{)NrANA, CREATIN:; A SPECIAL IMPROVEMENT DISIRICT 10 BE KNCMN AS SPECIAL IMPROVE- lYENT' DISTRICT NO. 598 CF THE CITY CF roZEMAN FOR THE PlRFOSE CF CJ)N- STRlCTICN AND INSTALLATION CF AN ASmALTIC ~E 'lYPE PAVTh1ENT, INTEGRAL CDN:"~E aJRBS AND GUTTERS, STOIM mAINS AND NECESSARY APPlRT:ENAN:::ES 'IHEREIO CN N::RI'I-WXD IRIVE IN WIEAT SUBDIVISIONS IN 1HE CI'IY CF BOZEMAN. which COmmission Resolution Nos. 2070 and 2077, 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 improverrent to be constructed therein, the cost of said improve- rrents and the rrethod of assessing the cost against the property within said district; and I ~S, said improvements as contemplated in said Cammission Resolution Nos. 2070 and 2077 have been constructed and completed in accordance with the te~ and conditions of COmmission Resolution Nos. 2070 and 2077, and the cost of said improvements so constructed is the sum of One-Hundred-Thirty-Nine Thousand Seven Hundred Thirty-One and Ninety-Three/l00 ($139,731.93) Dollars. NOW, THEREFORE, pursuant to the provisions of Section 7-12-4201 and Section 7-12-4223, and all other applicable provisions of Title 7, M.C.A., and arrEndments thereto: BE IT RESOLVED AND IT IS HEREBY CEDERED BY THE CDtfiSSICN CF THE CITY OF OOZEMAN, STATE CF M:NI'ANA Sect ion 1. That to defray the cost and expense of constructing and rrnking the improvements in said Special Improvement District No. 598, there be, and there is hereby levied and assessed a tax arrount ing to the sum of One-Hundred-Thirty-Nine Thousand and Seven Hundred Thirty-One and Ninety-Three/lOO ($139,731.93) Dollars upon all the property in said Special Improvement Dis- trict No. 598, and that a particular description of each lot and parcel of land with the name of the owner and the sun assessed against him or it for such improvements and the arrount of each partial payrrent to be made and the day when the same shall be delinquent is set forth in detail in the assesSITent I ist 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 naking the improvements within said District; that the several sums so assessed be collected fram the I respective owners of said lots and parcels of land described in said assessment list, Schedule "A", as required by law; that the payrrent of said sums shall be made in 20 installments and the payment of said installttent shall extend over a period of 19 years; that the payment of the respective annual installttent shall be made on or before the 30th day of November of each year until payrrent of all installttents 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 accor- dance ~th the law governing the collection of special improvement taxes; that failure to pay C'AM\1ISSICN RESJLUTICN NO. 2240 . .------- -----.- _u ..._. .__ __u ....' _"_. ..__ _.._ ._. ...__ -"182 such assessrrents \\hen the same becane due and payable shall rrake 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 C~ssion of the City of Bozeman to be held in the Commission Chamber in the City Hall of said City on the 5th day of November. 1980. 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 COrrnrlssion. - Section 3. That the Clerk of the lAXnnission of the City of Bozeman be. and she is hereby I ordered and directed to publish in the BozffiRn Dai ly Chronicle. a dai ly 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 assessrrent of taxes to defray the cost and expense of constructing and rraking the improvements in the said Special Improvement District No. 598 is on file in the office of the Clerk of the CGrrnrlssion 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 CAXnnission for the hearing of objections and the final adoption of this Resolution. Provisionally passed and adopted by the Cannission of the City of Bozeman at a regular session thereof held on the 29th day of octObe2..~~ Mayor ATTEST: fZ4 1~:;41-4.- ,{": ,( 4, ,,~ Clerk of the City Commission Finally passed and adopted by the Canni ssion of the Ci ty of Bozeman at a regular session I thereof held on the 5th day of NoveniJer, 1980'~ ~ ,.,,-- Mayor ATTEST: ;dZL /? ~(/ " '-;f::~~"" ~, ' /t: ,,' .C:-7(/ Clerk of the Ci ty Commi ssi'6n NOTICE ------ HEARIr--t. FINAL ADCPTICN CF <IM\I\ISSICN RF3JLUTlOOOO. 2240 LEVYIN3 AND ASSESSIK; SPECIAL IMPROVEMENT DISTRICT NO. 598 CITY CF BOZEMAN FOR THE PlRFOSE CF mNSIRUCTICN AND INSTALIATICN CF AN ASPHALTIC ffiN:RETE 1YPE PAVEMENT. INTEGRAL CDN::REI'E CURBS AND GUITERS. SIOa.1 !RAINS. AND NELES$ARY APPffiTENANCES THERETO ON l"DITf-w::DD [RIVE IN w-IF.AT SUBDIVISICN IN THE CITY CF BOZEMAN. NOTICE IS HFJREBY GTVEN. that at a regular session of the COmmission of the City of Bozeman. held on the 29th day of October. 1980. Commission Resolution No. 2240 was provisionally passed and adopted: That said Commission Resolution levies and assesses Special Improvement District No. 598. in said Ci ty. to defray the cost and expense of constructing and making the improve- ments wi thin said di strict. to wi t: The botmdaries of said Special Improvement District No. 598 are described as follows: A tract of land being a portion of that tract of land shown on I Certificate of Survey No. 391. being located in the Northeast One-Quarter of Section Che. Township Two South. Range Five East. M:>ntana Principal Meridian. Galla tin Cotmty. Montana. and being further described as follows: Beginning at the Northwest corner of said Northeast CXle-Q1arter thence North 87033'22" East along the North line of said Northeast One-Quarter a distance of 435.06 feet. Thence South 00049 '44" East a distance of 164.82 feet. thence North 88012'48" East a distance of 357.80 feet thence South 01051'08" East a distance of 68.49 feet. thence North 88028'56" East a distance of 299.92 feet to a point on the westerly right of way of U.S. Highway No. 10. Thence South 01003'32" East along said westerly right of way a distance of 248.35 ffi,fllISSICN RESJLUTICN NO. 2240 .. __ .. __.___" _______- ._ _ __n .._. __ _..........' ___~._ 163 feet to a point on the northerly right of way of Interstate Highway 90. Thence South 81015'43" West along said Northerly right of way a distance of 720.78 feet. Thence continuing on said Northerly right of way along a 4187.50 foot radius curve to the right, the tangent Which bears north 72026'35" West, through a central angle of 5039'41" for an arc distance of 413.77 feet to a point on the west line of said Northeast CAle-Q.tarter. Thence North 0049' 44" West along said West line a di stance of 511. 45 feet to the point of beginning. Said tract being 11.87 acres along w1th and subject to any I existing easements. That, said Camrrrlssion Resolution No. 2240 is now on file in the office of the Clerk of the City ~AXnnission, subject to inspection for a period of five (5) days by any persons interested. That Wednesday, the 5th day of November, 1980, at 1:15 o'clock p.m. of said day at a regular session of the Commission of the City of Bozeman, at the Coanrlssion Roam in the City Hall Building of said City has been designated as the time and place Where the said COmmission will hear and pass upon any and all objections that may be made to the final adoption of said Resolution No. 2240 and the levying of a said assessment, and that said Resolution w111 finally be passed and adopted at the said regular session. All persons interested are referred to COmmission Resolution No. 2070 declaring it to be the intention of the Commission to create Special Lmprovement District No. 598 and Commission Resolution No. 2077 creating Special nnprovement District No. 598 for the purpose of construction and installation of an asphaltic concrete type pavement, integral concrete curbs and gutters, stonn drains and necessary appurtenances thereto on Northwood Drive in Wheat Subdivision in the Ci ty of Bozeman. Dated the 29th day of October, 1980. ??47d/ /~~.7 ( ERN\ V. HARDIN; Clerk of the City COmmission I State of Montana ) County of Gallatin: Ci ty of Bozermn ) I, Erna V. Harding, Clerk of the Commission of the City of Bozeman do hereby certify that the foregoing Resolution No. 2240 was published by nunber and ti tIe in the Bozetm.n Daily Olronic1e, a newspaper of ~neral circulation printed and published in said City, in the issue dated the 9th day of November, 1980, and due proof of such publication is on file in rry office. IN WI1NESS w-IERECF I hereunto set my hand and affix the corporate seal of my office this 10th day of November, 1980. .~ p'~ ?/~I(. /- " .' ~ Clerk of the C\ ty C ssion State of Montana ) County of Gallat in : Ci ty of Bozeman ) I, Erna V. Harding, Clerk of the COmmission of the City of Bozeman do hereby certify that the foregoing Notice was published at length in the Bozeman Daily Olronicle, a newspaper of ~n- eral circulation printed and published in said City, in the issue dated the 30th day of October, I 1980, and due proof of such publication is on file in my office. IN WI1NFBS \'\HER.EX::F I hereunto set my hand and affix the corporate seal of my office this 10th day of November, 1980. .~ ~r~ #?/ ~ ~ ~ ...,.- ~ ..?-;:n4-' ..' "''C ' Clerk of the City Canni ion ct:M'vUSSICN RESJLUI'ICN 00. 2240 -..,,". -_.. -~,..,.~,-,...~~ --.................-. ..n_._ -. ..-.-............ ~ .......~...........~"..~........._,...._..............""__ ~_ ~..................._~,~~_.~_~.~, _ .,""--'-~_~~_~~, ~.~.~._~___~.~_,. -_._.'...~....-"-_~~_..._.,...~_.__.....o.-~~.~._~_.~~,_,_.,_.,.~...... ___..-'"---__----"--__~_u~_~_.~~ .~__~.__ __