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HomeMy WebLinkAboutResolution 1821 Special Improvement District 559 12'9 COMMISSION RESOLUTION NO. 1821 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. 559 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. 559. I WHEREAS, the City Commission of the City of Bozeman, did on the 11th day of February 1976, duly and regularly pass Commission Resolution No. 1779, entitled: COMMISSION RESOLUTION NO. 1779 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. 559 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, INLETS, MAN- HOLES, DITCHES, AND APPURTENANCES NECESSARY TO STORM DRAIN- AGE ON SOUTH FIFTEENTH AVENUE BETWEEN WEST BABCOCK STREET AND WEST KOCH STREET IN THE CITY OF BOZEMAN, MONTANA. and thereafter, after due and legal proceedings had, the Commission of the City of Bozeman did on the 10th day of March 1976 duly pass Commission Resolution No. 1780, entitled: COMMISSION RESOLUTION NO. 1780 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. 559 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 I CONSTRUCTION AND INSTALLATION OF NECESSARY STORM DRAINAGE PIPE, INLETS, MANHOLES, DITCHES, AND APPURTENANCES NECESSARY TO STORM DRAINAGE ON SOUTH FIFTEENTH AVENUE BETWEEN WEST BABCOCK STREET AND WEST KOCH STREET IN THE CITY OF BOZEMAN, MONTANA. which Commission Resolution Nos. 1779 and 1780, 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. 1779 and 1780 have been constructed and completed in accordance with the terms and conditions of Commission Resolution Nos. 1779 and 1780, and the estimated cost of said improvements so constructed is the sum of One Hundred Ten Thousand and No/lOOths ($110,000.00) 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 I BOZEMAN, STATE OF MONTANA: Section. 1. That to defray the cost and expense of constructing and making the improvements in said Special Improvement No. 559, there be, and there is hereby levied and assessed an estimated tax amounting to the sum of One Hundred Ten Thousand and No/I00ths ($110,000.00) Dollarsiupon all the property in said Special Improvement District No. 559, and the estimated assessment of XXXXXXXXXX reported COMMISSION RESOLUTION NO. 1821 _u __.u_ -- . 10"0 t}i " on XXXXXXXXXX, 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 I 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 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. Section 2. That the regular session of the Commission of the City of Bozeman I to be held in the Commission Chamber in the City Hall of said City on the 22nd day of September 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. 559 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 the hearing of objections and the final adoption of this Resolution. Provisionally passed and adopted by the Commission of the City of Bozeman at I a regular session thereof held on the 15th day of September 1976. ATTEST: ERNA V. HARDING EDMUND .P. 'SEDIVY, 'Sr. ,Acting Mayor Clerk of the City Commission COMMISSION RESOLUTION NO. 1821 . _.n. .. -- ------ _.n_.._ -- ------ 1.11 ,,' ~'.,' " , Finally passed and adopted by the Commission of the City of Bozeman at a regular session thereof held on the 22nd day of September 1976. ATTEST: ..._,...". -,..'" ( ~~~--< C-J. ~cc__J ERNA V. HARDING S W ... VOLLMER, Ma or I Clerk of the City Commission NOT ICE ------ HEARING, FINAL ADOPTION OF COMMISSION RESOLUTION NQ..1821 LEVYING AND ASSESSING SPECIAL IMPROVEMENT DISTRICT NO. 559 CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALL- ING AN ASPHALTIC CONCRETE TYPE PAVEMENT, INTEGRAL CONCRETE CURBS AND GUTTERS, AND NECESSARY APPURTENANCES THERETO; ALSO CONSTRUCTION AND INSTALLATION OF NECESSARY STORM DRAINAGE PIPE, INLETS, MANHOLES, DITCHES, AND APPURTENANCES NECESSARY TO STORM DRAINAGE ON SOaTH FIFTEENTH AVENUE BETWEEN WEST BABCOCK STREET AND WEST KOCH STREET IN THE CITY OF BOZEMAN, MONTANA. NOTICE IS HEREBY GIVEN, that a regular session of the Commission of the City of Bozeman, held on the 15th day of September 1976, Commission Resolution No. 1821 was provisionally passed and adopted: That said Commission Resolution levies and assesses an estimated Special Improvement District No. 559, in said City, to defray the cost and expense of constructing and making the improvements within said district, to wit: The boundaries of Special Improvement District No. 559 are described as follows: Beginning at the North one-sixteenth I corner of the Southwest one-quarter of Section 12, Township 2 South, Range 5 East, M.P.M., Gallatin County, Montana; thence East a distance of 40.00 feet; thence South 0044'47" West a distance of 30.00 feet to the true point of beginning; thence East a distance of 50.00 feet; thence South 0044'47" West a distance of 629.30 feet; thence South 0052'00" West a dis- tance of 511.50 feet to a point on the south line of West Koch Street; thence along the south line of West Koch Street South 89052'00" West a distance of 160.00 feet; thence North 0052'00" East a distance of 275.00 feet to a point on the South line of Mae's Subdivision; thence North 0034'20" East a distance of 806.00 feet to a point on the south line of West Babcock Street; thence along the south line of West Babcock Street North 89050'42" East a distance of 160.00 feet to the true point of beginning. Contained within the above described exterior boundaries are the following 1ots, blocks, and tracts of land, to wit: The West 50 feet of Lot 2, Minor Subdivision No. 15; that portion J of Tract B of the Valley of Flowers P.U.D. being parallel and adjacent to South 15th Avenue and being 50 feet by 479.30 feet; the West 50 feet of Lots 1 and 3, Block 4, and the West 50 feet of Lots 4 and 5, Block 5, all in Corcoran's Rearrangement of Blocks 3, 4, 5 and 6 of the West Side Addition; the East 50 feet of Lots 2 through 10 inclusive of Moe's Subdivision; and the East 50 feet of that unplatted tract of land lying west of and adjacent to South 15th Avenue and lying between Mae's Subdivision and West Koch Street. That, said Commission Resolution No. 1821 is now on file in the Office of the Clerk of the City Commission, subject to inspection for a period of five (5) days I by any persons interested. That Wednesday the 22nd day of September 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 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. 1821, 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. 1821 _..u '~1~2 All persons interested are referred to Commission Resolution No. 1779 declaring it to be the intention of the Commission to create Special Improvement District No. 559 and Commission Resolution No. 1780 creating Special Improvement District No. 559 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, inlets, man- I holes, ditches, and appurtenances necessary to storm drainage on South Fifteenth Avenue between West Babcock Street and West Koch Street in the City of Bozeman, Montana. Dated the 15th day of September 1976. ERNA V. HARDING, Clerk of the City Commission 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 length in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City in the issue of the 16th day of September 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 I seal of my office this 28th day of September, 1976. ERNA V. HARDING, Clerk of the City Commission 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. 1821 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 1st day of October 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 1st day of October 1976. ERNA V. HARDING, I Clerk of the City Commission COMMISSION RESOLUTION NO. 1821 -- .-..- ....---- "-. ~--.- ...-"-- _.