HomeMy WebLinkAboutResolution 2012 Taxes on SID No. 561
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054
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COMMISSION RESOLUTION NO. 2012
A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING
AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN
SPECIAL IMPROVEMENT DISTRICT NO. 561 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. 561.
WHEREAS, the City Commission of the City of Bozeman, did on the 7th day of April, I
1976, duly and regularly pass Commission Resolution No. 1786, entitled:
COMMISSION RESOLUTION NO. 1786
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. 561 FOR THE PURPOSE OF CONSTRUCTING AND
INSTALLING AN ASPHALTIC CONCRETE TYPE PAVEMENT, INTEGRAL CONCRETE
CURBS AND GUTTERS, STORM DRAINAGE AND NECESSARY APPURTENANCES THERETO
ON SOUTH 20TH AVENUE FROM COLLEGE STREET NORTH TO 106 FEET SOUTH OF
WEST BABCOCK STREET, WEST OLIVE, WEST KOCH, AND WEST DICKERSON STREETS
BETWEEN SOUTH 19TH AVENUE AND SOUTH 20TH AVENUE AND THAT PORTION OF
WEST KOCH STREET LYING BETWEEN BLOCKS 1 AND 2 OF KIRK SUBDIVISION NO.
4 TO THE CITY OF BOZEMAN.
and thereafter, after due and legal proceedings had, the Commission of the City of Bozeman
did on the 12th day of May, 1976, duly pass Commission Resolution No. 1790 entitled:
COMMISSION RESOLUTION NO. 1790
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. 561 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 CONSTRUCTION AND INSTALLATION OF NECESSARY STORM
DRAINAGE PIPE, DITCHES, AND APPURTENANCES NECESSARY TO STORM DRAINAGE
ON SOUTH 20TH AVENUE FROM COLLEGE STREET NORTH TO 106 FEET SOUTH OF
WEST BABCOCK STREET, WEST OLIVE, WEST KOCH, AND WEST DICKERSON STREETS
BETWEEN SOUTH 19TH AVENUE AND SOUTH 20TH AVENUE AND THAT PORTION OF I
WEST KOCH STREET LYING BETWEEN BLOCKS 1 AND 2 OF KIRK SUBDIVISION
NO.4 TO THE CITY OF BOZEMAN.
which Commission Resolution Nos. 1786 and 1790, 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 estimated
cost of said improvements and the method of assessing the cost against the property within
said district; and
WHEREAS, said improvements as contemplated in said Commission Resolution Nos. 1786
and 1790 have been constructed and completed in accordance with the terms and conditions
of Commission Resolution Nos. 1786 and 1790, and the total cost of said improvements so
.
constructed is the sum of Two hundred-fifty thousand and no/100ths (250,000.00) Dollars.
NOW, THEREFORE, pursuant to the provisions of Sections 11-2201 to 11-2273 and 11-3301,
R.C.M., 1947 and amendments thereto.
BE IT RESOLVED AND IT IS HEREBY ORDERED BY THE COMMISSION OF THE CITY OF
BOZEMAN, STATE OF MONTANA
Section l. That to defray the cost and expense of constructing and making the improve-
ments in said Special Improvement No. 561, there be, and there is hereby levied and assessed
a tax amounting to the sum of Two hundred-fifty thousand and no/100ths (250,000.00) Dollars
upon all the property in said Special Improvement District No. 561, and the estimated assess-
ment of $250,000.00 reported on 11/16/77, hereby abated, 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 payment to be made and the day I
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 constructing and making the improvements within said
COMMISSION RESOLUTION NO. 2012
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055
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
I 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 25th day of October, 1978, 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. 561 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
I session thereof held on the 18th day of October, 1978.
Mayor
ATTEST:
~jI~~
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 25th day of October, 1978.
ATTEST:
~j( ~#~;)
Clerk of the CityCQmmission
NOT ICE
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I HEARING, FINAL ADOPTION OF COMMISSION RESOLUTION NO. 2012,
LEVYING
AND ASSESSING SPECIAL IMPROVEMENT DISTRICT NO. 561 CITY OF BOZEMAN
FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING AN ASPHALTIC CONCRETE
TYPE PAVEMENT, INTEGRAL CONCRETE CURBS AND GUTTERS, STORM DRAINAGE
AND NECESSARY APPURTENANCES THERETO ON SOUTH 20TH AVENUE FROM COLLEGE
STREET NORTH TO 106 FEET SOUTH OF WEST BABCOCK STREET, WEST OLIVE,
WEST KOCH, AND WEST DICKERSON STREETS BETWEEN SOUTH 19TH AVENUE AND
SOUTH 20TH AVENUE AND THAT PORTION OF WEST KOCH STREET LYING BETWEEN
BLOCKS 1 AND 2 OF KIRK SUBDIVISION NO. 4 TO THE CITY OF BOZEMAN.
COMMISSION RESOLUTION NO. 2012
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056
NOTICE IS HEREBY GIVEN, that at a regular session of the Commission of the City of
Bozeman, held on the 18th day of October, 1978, Commission Resolution No.
2012 was
provisionally passed and adopted: That said Commission Resolution levies and assesses an
estimated Special Improvement District No. 561, 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. 561 are
I
described as follows: Beginning at a point 85 feet west and 30
feet south of the west quarter corner Section 12, Township 2
South, Range 5 East, M.P.M., that point being the northeast
corner of Lot 1, Block 1, Kirk Subdivision to the City of Bozeman,
thence southerly along the east boundary of said Lot 1 a distance
of 75.80 feet, thence westerly along the south property line of
said Lot 1 a distance of 135.00 feet to the southwest corner of
said Lot I, said point being the true point of beginning, thence
westerly along the south property line of Lot 10, Block 1 of Kirk
Subdivision to the City of Bozeman a distance of 155.00 feet to
the west property line of said Lot 10, thence southerly along the
west boundary of Lot 9, Block I, Kirk Subdivision a distance of
30.98 feet, thence westerly along a line 14 feet south of and
parallel to the south boundary of Lot I, Block I, Kirk Subdivision
Number Four a distance of 346.67 feet to the east boundary of
Lot I, Block 3, Kirk Subdivision Number Four to the City of
Bozeman, thence southerly a distance of 2155.39 feet to the north
boundary of the Mountain Vista Subdivision to the City of Bozeman,
thence easterly along the north boundary of Tracts 4 and 5 of
Mountain Vista Subdivision to the City of Bozeman a distance of
149.17 feet to the northeast corner of said Tract 4, thence
southerly along the east boundary of said Tract 4 a distance of
316.80 feet to the southeast corner of said Tract 4, thence
easterly along the south boundary of Tracts 3 and 2 of Mountain
Vista Subdivision to the City of Bozeman a distance of 350.00 feet
to the southeast corner of said Tract 2, thence northerly along the
east boundary of said Tract 2 a distance of 633.60 feet to a point
on the south boundary line of Lots 1 and 2 of Block 4 of Kirk
Subdivision to the City of Bozeman, thence easterly along the south
boundary of said Lot 1 a distance of 137.50 feet to the southeast
I
corner of said Lot I, thence northerly along the east boundary of
said Lot 1 and Lot 8 of Block 3 of Kirk Subdivision to the City of
Bozeman a distance of 240.20 feet to the northeast corner of said
Lot 8, thence westerly along the north boundary of said Lot 8 a
distance of 135.00 feet to the northwest corner of said Lot 8,
thence northerly along the west boundaries of Lots 2, 3,
4, 5, 6
and 7 of Block 3 of Kirk Subdivision to the City of Bozeman a
distance of 450.00 feet to the northwest corner of said Lot 2,
thence easterly along the north boundary of said Lot 2 a distance
of 135.00 feet to the northeast corner of said Lot 2, thence
northerly along the east boundary of Lot 1 of Block 3 and Lot 8
of Block 2 of Kirk Subdivision to the City of Bozeman a distance
of 287.70 feet to the northeast corner of said Lot 8, thence
westerly along the north boundary of said Lot 8 a distance of 135.00
feet to the northwest corner of said Lot 8, thence northerly along
the west boundaries of Lots I, 2, 3, 4, 5,
6 and 7 of Block 2 of,
Kirk Subdivision to the City of Bozeman a distance of 456.50 feet
thence easterly along a line 6.5 feet north and parallel to the
north boundary of said Lot 2 a distance of 70.00 feet, thence
south and parallel to the east line of said Lot 1 a distance of
4 feet, thence easterly along a line 2.5 feet north and parallel
to the north boundary of said Lot 2, a distance of 75.00 feet to
the east boundary of said Lot I, thence northerly along the ~st
boundary of said Lot 1 of Block 2 and Lot 5 of Block 1 of Kirk
Subdivision to the City of Bozeman a distance of 230.80 feet/tQ
the northeast corner of said Lot 5, thence westerly along th~1iarth
boundary of said Lot 5 a distance of 135.00 feet to the northwest
corner of said Lot 5, thence along the west boundary of Lots 2,
3 and 4 of Block 1 of Kirk Subdivision to the City of Bozeman a
distance of 210.00 feet to the northwest corner of said Lot 2
being the true point of beginning.
Contained within the above described exterior boundaries are the
I
following lots, blocks and tracts of land, to wit:
Lots 5 thru 9 inclusive of Block I, Lots 1 and 8 thru 16
inclusive of Block 2, Lots 1 and 8 thru 16 inclusive of Block 3,
and Lots 1 and 2 inclusive of Block 4, all in Kirk Subdivision to
the City of Bozeman; Lots 2 thru 13 inclusive of Block 1, Lots 1,
2, A, B. C, and 6 thru 10 inclusive of Block 2, portion of the east
half of Block 3 and portion of the east half of Block 4, all in
COMMISSION RESOLUTION NO.
2012
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. 057
Kirk Subdivision No. 4 to the City of Bozeman; a portion of a tract
of land deeded to the First Presbyterian Church of Bozeman; a
portion
of a tract of land deeded to Roy Weigand known as Assessor's Tract W;
Tract 2 and Tract 3 in Mountain Vista Subdivision to the City of
Bozeman. Areas to be excluded from assessment are all streets,
avenues, parks and all other public places.
I That such Commission Resolution No. 2012 is now on file in the office of the Clerk of the
Commission, subject to inspection for a period of five (5)
days by any persons interested. That
Wednesday, the 25th day of October, 1978,
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 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.
2012, and the levying of a said estimated 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. 1786 declaring it
to be
the intention of the Commission to create Special Improvement District No.
561 and Commission
Resolution No. 1790 creating Special Improvement District No.
561 for the purpose of constructing
and installing an asphaltic concrete type pavement, integral concrete curbs and gutters, and
necessary appurtenances thereto; also construction and installation of necessary storm drainage
pipe, ditches, and appurtenances necessary to storm drainage on South 20th Avenue from College
Street North to 106 feet south of West Babcock Street, West Olive, West Koch, and West Dickerson
Streets between South 19th Avenue and South 20th Avenue and that portion of West Koch Street
lying between Blocks 1 and 2 of Kirk Subdivision No. 4 to the City of Bozeman.
Dated the 18th day of October, 1978.
k--II ~~
ERN . HARDING .
I
Clerk of the City Commission
State of Montana )
County of Gallatin:
City of Bozeman )
I, Erna V. Harding, Clerk of the Commission of the City of Bozeman
do hereby certify that the foregoing Resolution No. 2012 was published at
length in the Bozeman Daily Chronicle, a newspaper of general circulation
printed and published in said City, in the issue dated October 30, 1978, 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 8th day of January, 1979.
~ II ~.~/
Clerk of the City Commission
State of Montana )
County of Gallatin:
City 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
I the Bozeman Daily Chronicle, a newspaper of general circulation printed
and published in said City, in the issue dated October 19,
1978, 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 8th day of January, 1979.
..
~II~~.
Clerk of the City Commission
COMMISSION RESOLUTION NO.
2012
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