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HomeMy WebLinkAboutResolution 1924 Taxes for SID 561 350 COMMISSION RESOLUTION NO. 1924 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.56l. I WHEREAS, the City Commission of the City of Bozeman, did on the 7th day of April, 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 1T TO BE THE INTENTION OF THE CITY OF BOZEMAN, MONTANA, TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVE- MENT 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 IM- PROVEMENT DISTRICT NO. 561 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING AN ASPHALTIC CONCRETE TYPE PAVEMENT, IN- TEGRAL CONCRETE CURBS AND GUTTERS, AND NECESSARY APPURTENANCES THERETO; ALSO CONSTRUCTION AND INSTALLATION OF NECESSARY STORM,DRAINAGE PIPE, I 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. 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 imprbvement 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 estimated cost of said improvements to constructed is the sum of Two Hundred Fifty Thousand and No/100ths (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 1. 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 an estimated tax amounting to the sum of Two Hundred Fifty Thousand and No/100ths (Dollars) upon all the property in said Special Improvement District No. 561, and the estimated assess- I ment of XXXXXXXXXXXX reported on XXXXXXXXXXXXX , hereby abated, and that a particular de- scription 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 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 COMMISSION RESOLUTION NO. 1924 _. _u_____ ...--... 351 .~pposite 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 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", I as required by law; that the payment of said sums shall be made in lQ installments and the payment of said installment shall extend over a period of 19 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 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 16th day of November, 1977, at 1:00 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 Bozemanbe, and she is here by 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 Improve- ment 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 to the final adoption of this Resolution; I 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 9th day of November, 1977. ATTEST: ~"" p / Y C; .~ :~ ~</~ ~,~. . . Clerk of the City Commi on ayor Finally passed and adopted by the Commission of the City of Bozeman session thereof held on the 16th day of November, 1977. ATTEST: t'~~~~ Clerk of the City Commis i NOT ICE ---~-- HEARING, FINAL ADOPTION OF COMMISSION RESOLUTION NO. 1924 LEVYING AND ASSESSING SPECIAL IMPROVEMENT DISTRICT NO. 561 CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING AN ASPHALTIC CONCRETE TYPE PAVE- MENT, 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 I 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. NOTICE IS HEREBY GIVEN, that at a regular session of the Commission of the City of Bozeman, held on the 9th day of November, 1977, Commission Resolution No. 1924 was provisionally passed and adopted: That said Commission Resolution levies and assesses an estimated Special Improve- ment District No. 561, in said City, to defray the cost and expense of constructing and making the improvements within said district, to wit: CQMMISSION RESOLUTION NO. 1924 --.". - --.. .--....-..--- 3 po-:.(') . .) I' , t. t;.."J The boundaries of said Special Improvement District No. 561 are 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 I, 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 saidLot 1, said point being the true point of beginning , thence westerly I along the south property line of Lot 10,Block 1 of Kirk Subdivision to the City of Bozeman a distance of 155.00 feet tofue 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 1, Block I, Kirk Subdivision Number Four a distance of 346.67 feet to the east bound- ary of Lot I, Block 3, Kirk Subdivision Number Four to the City of Bozeman, thence southerly a distance of 2155.39 feet to thenorth 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 dis- tance 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 south- east 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 land 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 corner of said Lot 1, 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 north- west 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 I corner of said Lot 8, thence northerly along the west boundaries of Lots 1,2,3,4,5,6 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 1, thence northerly along the east 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 to the northeast corner of said Lot 5, thence westerly along the north 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 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 I, 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 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 assess- ment are all streets, avenues, parks, and all other public places. That, said Commission Resolution No. 1924 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 in- I terested. That Wednesday the 16th day of November, 1977 , 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. 1924, and the levying of a said estimated assessment, and that said Resolution will finally be passed and adopted at the said regular session. COMMISSION RESOLUTION NO. 1924 35':] 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 construct- ing and installing an asphaltic concrete type pavement. integral concrete curbs and gutters, and necessary appurtenances thereto; also construction and installation of necessary storm I 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 2th day of November, 1977 ~ \;? ---;/ C', t 0d~~" ERNA V. HARDING, 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 the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City on the 10th day of November, 1977, and due proof of such publication is on file in my office. I IN WITHNESS WHEREOF I hereunto set my hand and affix the corporate seal of my office this 22nd day of December, 1977. fu /~ L+r.J -" '.?'. . C erk of th~ City C ission 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. 1924 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 of the 27th day of November, 1977, and due proof of such publication is on file in my office this 22nd day of December, 1977. - ~C~~; /~~ Clerk of the City Co~sion I COMMISSION 1~~SOLUTION NO. 1924 ~ -------.. -~ -- -...-