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HomeMy WebLinkAboutResolution 1760 Special Assessment of Taxes for 538 ._~__.u... _,,_. . - un.... ~ .. .__.__.~~~--~- .~-~.~---_.__._- ..--.-.---.--.--...-, - .- ~- ". 461 COMMISSION RESOLUTION NO. 1760 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING ~rout ~ .... ~-~ 1 AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL TIlli PROPERTY IN .---L1. ~ /~ -15 SPECIAL IMPROVEMENT DISTRICT NO. 538 IN THE CITY OF BOZEMAN, COUNTY OF ....III'...................._~ GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND ----::/d.!f.. Jl. MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 538. WHEREAS, the City Commission of the City of Bozeman, did on the 3rd day of April 1974, I duly and regularly pass Commission Resolution No. 1660, entitled: COMMISSION RESOLUTION NO. 1660 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE TIm INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOl,ilN AS SPECIAL IHPROVEMENT DISTRICT NO. 538 FOR TIm PURPOSE OF CONSTRUCTING AND INSTALLING AN ASPHALTIC CONCRETE TYPE PAVEMENT, INTEGRAL CONCRETE CURB AND GUTTER, AND NECESSARY APPURTENANCES THERETO: ALSO CONSTRUCTION AND INSTALLA- TION OF NECESSARY STORM DRAINAGE PIPE, INLETS, MANHOLES, DITCHES, AND APPURTENANCES NECESSARY TO STORM DRAINAGE ON SOUTH ELEVENTH AVENUE BETWEEN KAGY BOULEVARD AND WEST LINCOLN ROAD, AND ON THAT PORTION OF WEST LINCOLN ROAD FROM SOUTH ELEVENTH AVENUE TO A POINT 130 FEET l,{EST OF THE WEST LINE OF THE TAl LANE ADDITION TO THE CITY OF BOZEMAN, MONTANA. and thereafter, after due and legal proceedings had, the Commission of the City of Bozeman did on the 24th day of April 1974, duly pass Commission Resolution No. 1670, entitled: COMMISSION RESOLUTION NO. 1670 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVE- MENT DISTRICT NO. 538 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CON- STRUCTING AND INSTALLING AN ASPHALTIC CONCRETE TYPE PAVING, INTEGRAL CONCRETE CURB AND GUTTERS, NECESSARY APPURTENANCES THERETO, ALSO CONSTRUCTION AND INSTALLATION OF NECESSARY STORM DRAINAGE PIPE INLETS, MANHOLES, DITCHES OR OTHER APPURTENANCES TO STORM DRAINAGE ON SOUTH ELEVENTH AVENUE BETWEEN KAGY BOULEVARD AND WEST LINCOLN ROAD, AND ON THAT PORTION OF WEST LINCOLN ROAD FROM SOUTH ELEVENTH AVENUE TO A I POINT 130 FEET WEST OF THE WEST LINE OF THE TAl LANE ADDITION TO THE CITY OF BOZEMAN, MONTANA. which Commission Resolution Nos. 1660 and 1670, 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. 1660 and 1670 have been constructed and completed in accordance with the terms and conditions of Commission Resolution Nos. 1660 and 1670, and the total cost of said improvements so constructed is the sum of One-Hundred Fifty-Seven Thousand Nine-Hundred Twenty-Seven & 40/100ths ($157,927.40) Dollars. NOW, TIIEREFORE, 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 TIm COMMISSION OF TI1E CITY OF BOZEMAN: Section 1. That to defray the cost and expense of constructing and making the improvements in said Special Improvement No. 1760, there be, and there is hereby levied and assessed a tax amount- ing to the sum of One-Hundred Fifty-Seven Thousand Nine-Hundred Twenty-Seven & 40/100ths ($157,927.40) Dollars upon all the property in said Special Improvement District No. 538, and the estimated assessment of $184,000.00 reported on 25 September 1974, hereby abated, I 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 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 co~rISSION RESOLUTION NO. 1760 _..~... - -- ._.~.._-_._~~._~._._~._.- . _ _.._~ ....---.-.- ~- -- - ..- - - .-.- ~.. ..--..-.." ..-.----- ~ A_ _ .~. .~. - '---"--~-_...............~~---- .~.. ~. ..,......,_.,.........~....."Ir."....---.'r-~............-r:.----~.~''''~................--~. ,,_ --~--"._,."-"'. ........'~ ......,..___._.._.~_'~...r"~.~ 462 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 improve- ment 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- vided by law relative to delinquent taxes. I 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 15th day of October 1975. at 1:00 0' clock p.m.. be, and the same is hereby designated as the time and place at H'hich 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 ne~oJspaper printed and pub- lished 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. 538 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 for the final adoption of this Resolu- tion; that it shall be published at least five (5) days before the day set by the Commis- sion 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 8th of October 1975. ATTEST: Finally passed and adopted by the Commission of the City of Bozeman at regular III session thereof held on the 15th of October 1975. ATTEST: f' d~~ . At--:Il.d.... P ~ died( of the CitY" ommis::>i NOT ICE ------ HEARING. FINAL ADOPTION OF COMMISSION RESOLUTION NO. 1760 LEVYING AND ASSESSING SPECIAL IMPROVEMENT DISTRICT NO. 538 CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING AN ASPHALTIC CONCRETE TYPE PAVEMENT, INTEGRAL CONCRETE CURB AND GUTTERS, AND NECESSARY APPURTENANCES THERETO; ALSO CONSTRUCTION AND INSTALLATION OF NECESSARY STORM DRAINAGE PIPE. INLETS, MANHOLES, DITCHES, AND APPURTENANCES NECESSARY TO STOR}1 DRAINAGE ON SOUTIi ELEVENTH AVENUE BETWEEN KAGY BOULEVARD AND WEST LINCOLN ROAD, AND ON THAT PORTION OF \VEST LINCOLN ROAD FROM SOUTH ELEVENTH AVENUE TO A POINT 130 FEET WEST OF THE WEST LANE OF TAl LANE ADDITION TO TIm CITY OF BOZEMAN, MONTANA. NOTICE IS HEREBY GIVEN. that at a regular session of the Commission of the City of Bozeman. held on the 8th day of October 1975. Commission Resolution No. 1760 was provisionally passed and adopted: That said Commission Resolution levies and assesses an estimated Special Improvement District No. 538. in said City, to defray the cost and expense of constructing and making the improvements with said district, to wit: That the boundaries of said Special Improvement District No. 538 are I described as follows: Beginning at the center of Section 13. TO\ffiship 2 South. Range 5 East of M.P.M.. Gallatin County. Montana; thence North 89009'15" East a distance of 30 feet to the true point of beginning; thence North 0006'00" West a distance of 60 feet; thence South 89009'15" West a distance of 60 feet; thence North 0006' 00" \vest a distance of 135 feet; theT'.ce South 89024'16" West a distance of 316.94 feet; thence South 0006'00" East a distance of 195 feet. more or less. to the South right-of-way line of Lincoln Road; thence North 89024'16" East along the south line of Lincoln Road a distance of 130 feet. more or less. to the northwest corner of the Tai Lane Addition to the City of Bozeman; thence South 0003' 3Lf" East a dis tance of 135 feet; thence North 8902L~ '16" East COMMISSION RESOLUTION NO. 1760 .. .... ~ .. ._. -- _ ., ...........L-. .__ ............. - .___ &. ._ - ~,._,........ .........._.._. ~._. ......_ - . _____--..........._~,_.......____......_ ...............__...... . _.. - _..~ ,,_~ ~~,_. ,...,_____,_~....~_................., __,.~.,_._,_.,_ ___.. - ....~. _~.........__~ ~ ....... _~. ... ,." - _~ .~. _. _,...~. 4(j3 a distance of 514.79 feet; thence South 0006'00" East a distance of 1152.01 feet to the north line of Kagy Boulevard; thence North 89027'02" East a distance of 172 feet; thence North 89009'15" East a distance of 172 feet; thence North 0006'00" \.Jest a distance of 1287.45 feet; thence South 89009' 15" West a distance of' lL~2 feet to the true point of beginning. Contained Hithin the above described exterior boundaries are the follow- ing lots, blocks, tracts of land, to wit: 142' x 1287.45' portion of unplatted Montana State Univp.rsity campus lying in m.J~~, SE!z;, Section 13, Township 2 Sout:~, Range 5 East; 135' x I 816.94' portion of unplatted Montana State University campus lying in SE!z;, NW!z;, Section 13, TO\Vllship 2 South, Range 5 East; 142' x 251' un- platted tract belonging to Montana State University in NE!z;, SW!z;, Section 13, Township 2 South, Range 5 East; portion of Tract 1 of the Gasamat Annexation to the City of Bozeman; portion of Lot 1, Lot 5, portions of Lot 10, and portion of Lot 11, all in the Tai Lane Addition to the City of Bozeman. That, said Commission Resolution No. 1760 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 15~h day of October 1975, 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. 1760, 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 ';:nterested are referred to Commission Resolution No. 1660 declaring it to be the intention of the Commission to create Special Improvement District No. 538 and Commission Resolution No. 1670 creating Special Improvement District No. 538 for the purpose of constructing and installing an asphaltic concrete type pavement, integral concrete curb and gutter, and necessary appurtenances thereto; also construction and installation of necessary storm drainage pipe, inlets, manholes, ditches, and appurtenances necessary to storm drainage on South Eleventh Avenue between Kagy Boulevard and West I Lincoln Road, and on that portion of West Lincoln Road from South Eleventh Avenue to a point 130 feet West of the west line of the Tai Lane Addition to the City of Bozeman, Montana. Dated the 8th day of October 1975. . /~ ~ L-:f~/Y. . ERNA V. HARD ING r Clerk of the City Commiss on 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 neHS- paper of general circulation printed and published in said City in the issue of the 9th day of October, 1975, and due proof of such publication is on file i.n my office. IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my; hand and affi.x the corporate seal of my office this 12th day of November, 1975. .. /;;if: # t:~~.... ~ a~~ Clerk of the City CommissO State of Montana ) County of Gallatin) ss. City of Bozeman ) I I, Erna V. Harding, Clerk of the Commission of The City of Bozeman, do hereby certify that the foregoing Resolution No. 1760, 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 20th day of October 1975, 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 12th day of November, 1975. Z /~~ --c~ -" ...... __ Clerk of the City Co~is . n COMMISSION RESOLUTION NO. 1760