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HomeMy WebLinkAboutResolution 1834 Special Improvement District 555 ,104 COMMISSION RESOLUTION NO. 1834 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. 555 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVE- MENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 555. WHEREAS, the City Commission of the City of Bozeman, did on the 26th day of February, 1975, duly and regularly pass Commission Resolution No. 1737, entitled: COMMISSION RESOLUTION NO. 1737 I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DISTRICT NO. 555 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A SANITARY SEWER TRUNK LINE TO SERVE A PORTION OF FIGGIN'S ADDITION TO BOZEMAN, MONTANA, MORE SPECIFICALLY DESCRIBED AS FOLLOWS: A TEN (10) INCH SANITARY SEWER AND NECESSARY APPURTENANCES IN SOUTH THIRD AVENUE BETWEEN HILL STREET AND KAGY BOULEVARD AND A TEN (10) INCH SANITARY SEWER AND APPURTENANCES IN KAGY BOULEVARD BETWEEN SOUTH THIRD AVENUE AND SOUTH TRACY AVENUE IN THE CITY OF BOZEMAN. THE CONSTRUCTION AND INSTALLATION OF SAID SANITARY SEWER TRUNK LINE TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL. BEDDING MATERIAL, SEWER PIPE, MANHOLES, NECESSARY WYES. AND OTHER NECESSARY APPURTENANCES. and thereafter. after due and legal proceedings had. the Commission of the City of Bozeman did on the 4th day of June, 1976. duly pass Commission Resolution No. 1740. entitled: COMMISSION RESOLUTION NO. 1740 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. 555 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING A SANITARY SEWER TRUNK LINE TO SERVE A PORTION OF FIGGIN'S ADDITION TO BOZEMAN, MONTANA. MORE SPECIFICALLY DESCRIBED AS FOLLOWS: A TEN (10) INCH SANITARY SEWER AND NECESSARY APPURTENANCES IN SOUTH THIRD AVENUE BETWEEN HILL STREET AND KAGY BOULEVARD AND A TEN (10) INCH SANITARY SEWER AND APPURTENANCES IN KAGY BOULEVARD BETWEEN SOUTH THIRD AVENUE AND SOUTH TRACY AVENUE IN THE CITY OF BOZEMAN. THE CONSTRUCTION AND INSTALLATION OF SAID SANITARY SEWER TRUNK LINE TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, SEWER PIPE. MANHOLES, NECESSARY WYES, AND OTHER NECESSARY APPURTENANCES. which Commission Resolution Nos. 1737 and 1740. 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 I 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. 1737 and 1740 have been constructed and completed in accordance with the terms and conditions of Commission Resolution Nos. 1737 and 1740, and the total cost of said improvements so constructed is the sum of Thirty-Six Thousand Eight Hundred Sixty-Six and 65/100ths ($36,866.65) 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 improvements in said Special Improvement No. 555. there be, and there is hereby levied and assessed a tax amounting to the sum of Thirty-Six Thousand Eight Hundred Sixty-Six and 6S/l00ths ($36,866.65) Dollars upon all the property in said Special Improvement District No. 555. and the estimated assessment of $48,000.00 reported on 26 February 1975, 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 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 I 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 20 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. COMMISSION RESOLUTION NO, 1834 _..- -.-- -- - ---. 1fJA 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 lOth day of November 1976, 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 I 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. 555 is on file in the office of the Clerk of the Commission subject to inspection for a period of five (5) day s ; 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 3rd day of November 1976. ATTEST: -- ~_-r ,'~ ~ d~~ C' _", """""""" // , \., ?t'"), J C2C:L'" ~~~ I cler~~he City Comm1SS on ~ayor~- Finally passed and adopted by the Commission of the City of Bozeman at a regular session thereof held on the 10th day of November 1976. ATTEST: "-'J ~-........ ~., t(f~/~' - ;( ?V, ~..,",) ",,,.~ ,~ --- " ~e-c..c... __- , --- ._~%a yor - NOT ICE ------ HEARING, FINAL ADOPTION OF COMMISSION RESOLUTION NO. 1834 LEVYING AND ASSESSING SPECIAL IMPROVEMENT DISTRICT NO. 555 CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A SANITARY SEWER TRUNK LINE TO SERVE A PORTION OF FIGGIN'S ADDITION TO BOZEMAN, MONTANA, MORE SPECIFICALLY AS FOLLOWS: A TEN (10) INCH SANITARY SEWER AND NECESSARY APPURTENANCES IN SOUTH THIRD AVENUE BETWEEN HILL STREET AND KAGY BOULEVARD AND A TEN (10) INCH SANITARY SEWER AND APPURTENANCES IN KAGY BOULEVARD BETWEEN SOUTH THIRD AVENUE AND SOUTH TRACY AVENUE IN THE CITY OF BOZEMAN. THE CONSTRUCTION AND INSTALLATION OF SAID SANITARY SEWER TRUNK LINE TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, SEWER PIPE, MANHOLES, NECES- SARY WYES, AND OTHER NECESSARY APPURTENANCES. NOTICE IS HEREBY GIVEN, that at a regular session of the Commission of the City I of Bozeman, held on the 3rd day of November 1976, Commission Resolution No. 1834 was provisionally passed and adopted: That said Commission Resolution levies and assesses an estimated Special Improvement District No. 555, in said City, to defray the cost and expense of constructing and making the improvements within said distric~ to wit: The boundaries of said Special Improvement District No. 555 are described as follows: Beginning at the East one-quarter corner of Section 24, Township 2 South, Range 5 East of M.P.M., Gallatin COMMISSION RESOLUTION NO. 1834 ..----..-- -."- . --".- ...- 15fi County, Montana, said point being also the Southeast corner of Figgin's Addition to the City of Bozeman, Montana; thence along the South line of said Figgin's Addition, South 89017'05" West a distance of 1332.17 feet to the Southwest corner of said Figgin's Addition; thence North 0019'41" East along the West line of Figgin!s Addition a distance of 1567.27 feet; thence North 89004'00" East a distance of 9.05 feet; thence North- easterly along a circular curve to the right having radius 1382.5 feet through a central angle of 25001'49" an arc distance I of 603.96 feet; thence North 30025'00" East a distance of 271.70 feet to the Southwest corner of Lot 1, Block 9, Figgin's Addition; thence South 59035'00" East a distance of 146.29 feet; thence South 31042'00" East a distance of 60 feet; thence Northeasterly along a circular curve to the right having radius 220 feet through a central angl~ of 31000'00" an arc distance of 61.74 feet; thence South 0007'00" West a distance of 105.08 feet; thence South 330 47'00" West a distance of 92.59 feet; thence South 45023'00" East a distance of 71.96 feet; thence South 0007'00" West a distance of 906.15 feet; thence North 89018'00" East a distance of 489.97 feet; thence South 0007'00" West a distance of 265~50 feet; thence North 89018'00" East a distance of 150.00 feet; thence South 0007'00" West a distance of 103.21 feet; thence North 89018'00" East a distance of 144.31 feet; thence South 0013'00" West a dis- tance of 760.07 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 6 through 8 inclusive of Block 3, Lots 1 through 8 inclusive and Lots 11 through 36 inclusive of Block 4, all of unplatted Block 5, Lots 1 through 24 inclusive of Block 6, Lots 1 through 5 inclusive of Block 8, and all unplatted portions of Blocks 6, 7, 8, and 9, all in the Figgin's Addition to the City of Bozeman. That, said Commission Resolution No. 1834 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 interested. That Wednesday the 10th day of No~ember 1976, 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 I 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. 1834, 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. 1737 declaring it to be the intention of the Commission to create Special Improvement District No. .- 555 and Commission Resolution No. 1740, creating Special Improvement District No. 555 for the purpose of constructing and installing a sanitary sewer trunk line to serve a portion of Figgin's Addition to Bozeman, Montana, more specifically as follows: a ten (10) inch sanitary sewer and necessary appurtenances in South Third Avenue between Hill Street and Kagy Boulevard and a ten (10) inch sanitary sewer and appur- tenances in Kagy Boulevard between South Third Avenue and South Tracy Avenue in the City of Bozeman. The construction and installation of said sanitary sewer trunk line to include all trench excavation and backfill, bedding material, sewer pipe, manholes, necessary wyes, and other necessary appurtenances. I Dated the 3rd day of November 1976. C'~ / ~~ ERNA V. HARDING Clerk of the City Commission CO~rnISSION RESOLUTION NO. 1834 --........- -.-. '167 State of Montana ) County of Gallatin) ss. 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 len~~h in I the Bozeman Daily Chronicle, a newspaper of general circUlation printed and published in said City in the issue of the 5th day of November 1976, 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 29th day of November, 1976. ~ .. /!~~- ~.. ~~ Cler 0 theC1ty Comm1ssion State of Montana ) County of Gallatin) ss. City of Bozeman ) I, Erna V. Harding, Clerk of the Commission of the City of Bozeman, do hereby certify that the foregoing Resolution No. 1834 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 3rd day of December 1976, and due proof of such publication is on file in my office. I IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my office this 29th day of November, 1976. b~ 7r~ Clerk of the City Co asion I COMMISSION RESOLUTION NO. 1834 .. ---