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HomeMy WebLinkAboutResolution 1835 Special Improvement District 557 16'8 COMMISSION RESOLUTION NO. 1835 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. 557 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DE- FRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 557. WHEREAS, the City Commission of the City of Bozeman, did on the 26th day of I August 1975, duly and regularly pass Commission Resolution No. 1747, entitled: COMMISSION RESOLUTION NO. 1747 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, MONTANA, TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPEC-!AL IMPROVEMENT DISTRICT NO. 557 FOR THE PURPOSE OF CONSTRUC~ING AND INSTALLING SANITARY SEWER LINE TO SERVE A PORTION OF THE BOZEMAN CREEK ANNEXATION TO THE CITY OF BOZEMAN, MONTANA, MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN EIGHT INCH SANITARY SEWER AND NECESSARY APPURTENANCES IN AN EASEMENT THROUGH TRACTS 11 AND 12 OF THE BOZEMAN CREEK ANNEXATION TO BOZEMAN, MONTANA. THE CONSTRUCTION AND INSTALLATION OF SAID SANITARY SEWER IS TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, SEWER PIPE, MANHOLES, NECESSARY WYES, AND OTHER NECES- SARY APPURTENANCES. and thereafter, after due and legal proceedings had, the Commission of the City of Bozeman did on the 17th day of September 1975, duly pass Commission Resolution No. 1750, entitled: COMMISSION RESOLUTION NO. 1750 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS.;gPECIAL IMPROVEMENT DISTRICT NO. 557 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING A SANITARY SEWER I LINE TO SERVE A PORTION OF THE BOZEMAN CREEK ANNEXATION TO THE CITY OF BOZEMAN, MONTANA, MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN EIGHT INCH SANITARY SEWER AND NECESSARY APPURTENANCES IN AN EASEMENT THROUGH TRACTS 11 AND 12 OF THE BOZEMAN CREEK ANNEXA- TION TO BOZEMAN, MONTANA. THE CONSTRUCTION AND INSTALLATION OF SAID SANITARY SEWER IS TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, SEWER PIPE, MANHOLES, NECESSARY APPURTENANCES. which Commission Resolution Nos. 1747 and 1750, 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. 1747 and 1750 have been constructed and completed in accordance with the terms and conditions of Commission Resolution Nos. 1747 and 1750 and the total cost of said improvements so constructed is the sum of Eighteen Thousand Four Hundred and 88/l00ths ($18,400.88) Dollars. NOW, THEREFORE, pursuant to the provisions of Sections 11-2201 to 11-2273 and 11-3301, R.C.M., 1947, and amendments thereto. I 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. 557, there be, and there is hereby levied and assessed a tax amounting to the sum of Eighteen Thousand Four Hundred and 88/l00ths ($18,400.88) Dollars upon all the property in said Special Improvement COMMISSION RESOLUTION NO. 1835 -- - -.,.... -...-- l:fjS} District No. 557 and the estimated assessment of $18,500.00 reported on 26 August 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 I 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 assess- ment 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 delinque~ I 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 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 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. 557 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; that it shall be published at least five (5) days before the day set by the Commission for I 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: \, .} -- . ,"). Co /.-5. 'L<-~'-t- /:: [p. >C':- ~ i .:{ tf/v~ ~,'/' & ..'., &,!~. . "- ji.\.,()<4'<"-1-L '~\, 't.- Y ...1- . . .?-' .... Acting Clerk of the City Commission MaY6 COMMISSION RESOLUTION NO. 1835 ._-~. -,,- '170 Finally passed and adopted by the Commission of the City of Bozeman at a regular session thereof held on the lOth day of November 1976. ATTEST: ~ (~ ;{ro t ~:L ty: C :Lssion Mayor NOT ! CEil HEARING, FINAL ADOPTION OF COMMISSION RESOLUTION NO. 1835 LEVYING AND ASSESSING SPECIAL IMPROVEMENT DISTRICT NO. 557 CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALL- ING A SANITARY SEWER LINE TO SERVE A PORTION OF THE BOZEMAN CREEK ANNEXATION TO THE CITY OF BOZEMAN, MONTANA, MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN EIGHT INCH SANITARY SEWER AND NECESSARY APPURTENANCES IN AN EASEMENT THROUGH TRACTS 11 AND 12 OF THE BOZEMAN CREEK ANNEXATION TO BOZEMAN, MONTANA. THE CONSTRUCTION AND INSTALLATION OF SAID SANITARY SEWER IS TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, SEWER PIPE, MANHOLES, NECESSARY WYES, AND OTHER NECESSARY APPURTENANCES. NOTICE IS HEREBY GIVEN, that at a regular session of the Commission of the City of Bozeman, held on the 3rd day of November 1976, Commission Resolution No. 1835 was provisionally passed and adopted: That said Commission Resolution levies and assesses"an estimated Special Improvement District No. 557 in said City to defray the cost and expense of constructing and making the improvements within said district, to wit: Beginning at a point in the East line of the Butte Addition to Bozeman, Montana, said point being the intersection of the East line of Lot 12, Block 19, Butte Addition and tllu 1lub. b. l;'m" ur II the West line of the C.M.St.P.&P. Railroad right of way: Thence North 0002'46" West along the East line of the Butte Addition a distance of 419.73 feet to the Southwest corner of the Eck Addition; thence South 89056'00" East a distance of 89.48 feet to the Southeast corner of said Eck Addition; thence North 80 41'26" East along the East line of said Eck Addition a distance of 227.53 feet to the Southeast corner of Langhor's First Addi- tion; thence North 19014' East a distance of 257.02 feet; thence Northerly along a circular curve to the left having radius 320.75 feet through a central angle of 19046' an arc distance of 110.68 feet; thence North 0004' West a distance of 124.7 feet to the Southwest corner of the Spring Dell Addition; thence South 69009' East a distance of 372.3 feet to the Southeast corner of said Spring Dell Addition, said point being on the West right of way line of the C.M.St.P.&P. Railroad; thence South 30016' West along said west railroad right of way line a distance of 1138 feet more or less to the point of beginning. Contained within the above described exterior boundaries are the following Lots, Blocks and Tracts of land to wit: Tracts 11 and 12 of the Bozeman Creek Annexation to the City of Bozeman. That, said Commission Resolution No. 1835 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 November 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 II 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. 1835, 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. 1835 -" ._,. .. -. . ..-'--' -.....' .. ----.. --.' - .-." . ',,1'7'1 All persons interested are referred to Commission Resolution No. 1747 declaring it to be the intention of the Commission to create special Improvement District No. 557 and Commission Resolution No. 1750 creating Special Improvement District No. 557 for the purpose of constructing and installing a sanitary sewer I line to serve a portion of the Bozeman Creek Annexation to the City of Bozeman, Montana, more specifically described as follows: An eight inch sanitary sewer and necessary appurtenances in an easement through Tracts 11 and 12 of the Bozeman Creek Annexation to Bozeman, Montana. The construction and installation of said sanitary sewer is to include all trench excavation and backfill, bedding material, sewer pipe, manholes, necessary wyes, and other necessary appurtenances. Dated the 3rd day of November 1976. ~~-' / ~ ERNA V. HARD G, Clerk of the City Commission State of Montana ) County of Gallatin) 55. City of Bozeman ) I, Erna V. Harding, Clerk of the City 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 circula- tion printed and published in said City in the issue of the 5th day of I 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. ;; ff~~' ~.A"" ~ C erk of t e ~ty C ~ssion State of Montana ) County of Gallatin) 5S. City of Bozeman ) I, Erna V. Harding, Clerk of the City Commission of the City of Bozeman, do hereby certify that the foregoing Resolution No. 1835 was published by title and number in the Bozeman Daily Chronicle, a news- paper of general circulation printed and published in said City in the issue of the 3rd day of December 1976, and due proof of such publica- tion 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. d P?~L II Cler~the C1ty ~ssion COMMISSION RESOLUTION NO. 1835