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HomeMy WebLinkAboutResolution 1925 Special Assessment of Taxes, Special Improvement District 562 3~-'l- -- ._.,~-~~,.~-~ "..,--~ ___~__r.~__'_'~ ~ .....~_,." ~. , t)~ COMMISSION RESOLUTION NO. 1925 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. 562 IN THE CITY OF BOZEMAN, COUNTYOF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL I IMPROVEMENT DISTRICT NO. 562. - WHEREAS, the City Commission of the City of Bozeman, did on the 7thday of April, 1976 , duly and regularly pass Commission Resolution No. 1783, entitled: COMMISSION RESOLUTION NO. 1783 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 IM- PROVEMENT DISTRICT NO. 562 FOR THE PURPOSE OF CONSTRUCTING AND IN- STALLING AN ASPHALTIC CONCRETE TYPE PAVEMENT, INTEGRAL CONCRETE CURBS AND GUTTERS, STORM DRAINAGE AND NECESSARY APPURTENANCES THERETO ON SOUTH 23RD AVENUE FROM COLLEGE STREET NORTH TO BABCOCK STREET EAST FROM 23RD AVENUE TO SOUTH 20TH AVENUE FROM BABCOCK STREET SOUTH 106 FEET IN THE KIRK'S SUBDIVISION TO THE CITY OF BOZEMAN. AND THEREAFTER, after due and legal proceedings had, the Commission of the City or Bozeman did on the 12th day of May, 1976, duly pass Commission Resolution No. 1791, entitled: COMMISSION RESOLUTION NO. 1791 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. 562 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 DRAIN- AGE PIPE, DITCHES, AND APPURTENANCES NECESSARY TO STO~~ DRAINAGE ON SOUTH 23RD AVENUE FROM COLLEGE STREET NORTH TO BABCOCK AND BABCOCK I STREET EAST FROM 23RD AVENUE TO SOUTH 20TH AVENUE FROM BABCOCK STREET SOUTH 106 FEET IN THE KIRK'S SUBDIVISION TO THE CITY OF BOZEMAN. which Commission Resolution Nos. 1783 and 1791, passes 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. 1783 and 1791 have been constructed and completed in accordance with the terms and conditions of Com- mission Resolution Nos. 1783 and 1791, and the Estimated cost of said improvements so constructed is the sum of Three Hundred Twenty-Thousand & No/100ths ($320,000.00) 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 1. That to defray the cost and expense of constructing and making the improve- ments in said Special Improvement No. 562, there be , and there is hereby levied and assessed an estimated tax amounting to the sum of Three Hundred Twenty-Thousand & No/lOOths ($320,000.00) Dollars upon all the property in said Special Improvement District No. 562, and the estimated assessment of XXXXXXX reported on XXXXXXXX, 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 I 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 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". as required by law; that the payment of said sums shall be made in ~ installments and the payment of said installment shall extend over a period of ~ years; that the payment of the respective annual installment shall COMMISSION RESOLUTIQN 1925 ---~~.__..- ._._-~---~-~-----~.~-_.- _.-'--'"------- - - - .~_.~-~---~----~~~~-~~~~~ -.. -_.. ...-.- --,~-~._.-,.,~- ---,--_.~..~.. -,-_.._~.----~~ ,~----~.- -~,--,_. ~. - .~~ -.---.- -. - ---- ~ .-- -"'. ---..- ....'.-.... .,-'_._.~-~~ iJ !"J5 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 collect- ion 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 pro- I vided 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 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. 562 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 object- ions will be heard by the Commission to 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 9th day of November, 1977. ATTEST: L~ ~. 9 ~ c_- -- . - t~~~ /' _ _~ I Clerk of the Oity Comm" ion :~ Mayor Finally passed and adopted by the Commission of the City of regular session thereof held on the 16th day of November, 1977. ATTEST: 9 /~./I ~4 ~~ '.- ~- ~_J __~_/ __- __ Clerk of the Clty ComonsslOn ~'I ~~ -4 _ NOT ICE ~----- HEARING, FINAL ADOPTION OF COMMISSION RESOLUTION NO.1925 LEVYING AND ASSESSING SPECIAL IMPROVEMENT DISTRICT NO. 562 CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING AN ASPHALTIC CONCRETE TYPE PAVE- MENT, INTEGRAL CONCRETE CURBS AND GUTTERS, AND NECESSARY APPURTENANCES THERETO; ALSO CONSTRUCTION AND INSTALLATION OF NECESSARY STORM DRAIN- , AGE PIPE, DITCHES, AND APPURTENANCES NECESSARY TO STORM DRAINAGE ON SOUTH 23RD AVENUE FROM COLLEGE STREET NORTH TO BABCOCK AND BAECOCK STREET EAST FROM 23RD AVENUE TO SOUTH 20TH AVENUE FROM BABCOCK STREET SOUTH 106 FEET IN THE KIRK'S SUBDIVISION TO THE CITY OF BOZE~~N. NOTICE IS HEREBY GIVEN, that at a regular session of the Commission of the City of Bozeman, I held on the 9th day of November, 1977, Commission Resolution NO. 1925 was provisionally passed and adopted: That said Commission Resolution levies and assesses an estimated Special Improve- ment District No. 562, 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. 562 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, that point being the north-east corner of Lot I, Block 1, Kirk's Subdivision to the City of Bozeman, thence southerly along the east boundary of said lot a distance of 75.80 feet, thence westerly along the south property line of Lots land 10 of Block I, Kirk's Subdivision to the City of Bozeman a distance of 290.0 feet tofue west property line of said Lot 10, thence southerly along the west boundary of Lot 9, Block 1, Kirk's Subdivision COMMISSION R!3S0LUTION__ ___~~2~___ __ m__ ~_____n_ ..~, ~ ... ---~-~~-~-_.,-_._~-,-_.. --.--.---..---....-- --..-..-.......... '--356 ___.-n---. ___'H_._ -------------- __n_ --.-----.-- .- 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's Subdivision Number Four a distance of 346.67 feet to the east bounary of Lot I, Block 3, Kirk's 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 westerly along the north bound- ary of the Mountain Vista Subdivision a distance of 400.83 feet to the northeast corner of Tract 8 of said Mountain Vista Subdivision then south- I er1y along the east boundary of said Tract 8 a distance of 316.80 feet to its south boundary thence south 89051' west along the south boundary of Tract 8, Mountain Vista Subdivision and Block B of Strozzi's First Subdivision to the City of Bozeman a distance of 527.5 feet to the south- west corner of said Block B, thence North 0002' west along its west bound- arya distance of 1273.70 feet to the northwest corner of said Block B, thence North 85052' east along the north boundary a distance of 165 feet to the southwest corner of Block A of Strozzi's Subdivision, thence north along the west boundary of said Block A a distance of 604.9 feet, thence north 42039'19" east a distance of 119.59 feet along the west boundary of Lot 2, Block I, Triangle Area Annexation to the City of Bozman, thence north 47012'03" west a distance of 121.22 feet along that west boundary of said Lot 2, thence north 42024'14" east along the south right of way of U.S. Highway 191 to a point 772.73 feet west and 30 feet north of the west quarter corner Section 12, Township 2 South, Range 5 East, thence north 29024' west a distance of 67.44 feet along the west boundary of Tract 1 to the south right of way of U.S. Highway 191, thence northeast- erly along said south right of way, along a curve with an arc length of 700.62 feet angle of 29008'30", and a radius of 1377.50 feet, thence north 89044'30" east a distance of 50.43 feet to the intersection with South 19th Avenue at the northeast corner of said Tract I, known as Assessor's Tract 39 in the SE~, NE~, Section II, Township 2 South, Range 5 East, thence south 0008'30" west a distance of 289.19 feet to the point of beginning. Contained within the above described exterior boundaries are the following lots, blocks and tracts of land, to wit: Lots 1 and 10 of Block I, Kirk's Subdivision, Lot I, Block I, Kirk's Subdivision Number Four, Lot I, Block 3 and a portion of the remainder of Blocks 3 and 4 of Kirk's Subdivision Number Four, a portion of a tract of land deeded to the First Presbyterian Church of Bozeman, Tract 8 of Mountain Vista Subdivision, I Blocks A and B of Strozzi's First Subdivision, Lots 1 and 2 of the Triangle Area Subdivision and a tract of land lying between West Babcock Street, West Main Street and west of and adjacent to South 19th Avenue, known as Assessor's Tract 39. That, said Commission Resolution no. 1925 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 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 adopt- ion of said Resolution No. 1925, 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 Reso1utin No. 1783 declaring it to be the intention of the Commission to create Special Improvement District No. 562 and Commission Resolution No. 1791 creating Special Improvement District No. 562 for the purpose of construct- ing and installing an asphaltic concrete type pavement, integral concrete curbs and gutters, storm drainage and necessary appurtenances thereto on South 23rd Avenue from College Street north to Babcock Street east from23rd Avenue to South 20th Avenue from Babcock Street south 106 feet in the Kirk's Subdivision to the City of Bozeman. Dated the 9th day of November, 1977. p ~~ I (b~~ (7_ Co2, - . ERNA V. HARDING, Clerk of the City Commission COMMISSION RESOLUTION NQ, 1925 --... ._-~-~-- -- --~_.--~..~-~~._-~._- ~. -- -".._~,.~,-~~ -.. ".-- ~~-~-~-,~~~-_.-- -~._--,--~ ---- --~...~~.,-_......._~ -..-- . ~ 3~? "~ t)" State of Montana ) County of Gallatin) City of Bozeman ) I, Erna V. Harding, Clerk of the Commission of the City of Bozeman, I 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. IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my office this 22nd day of December, 1977 . ~~~ r;f67/d", .."~ Clerk of the City 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. 1925 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 . I y:<> ... IP Clerk of I CQ11MISSJOILI}~SQ~UTIQN ijQ, 1~.2? __ _ -,-- .- -"- _n _ --- .. -_. -"" -- .-'--- ..-".. ~..- _.~... --" - --" -' .--.-.