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HomeMy WebLinkAboutResolution 1755 Special Assessment of Taxes for 547 44fj ,.... ~ ... 0II1II1111i"" COMMISSION RESOLUTION NO. 1755 (9 ',rl7 ..2.L.... ,f'J{.Ii<- 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. 547 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID I SPECIAL IMPROVEMENT DISTRICT NO. 547. WHEREAS, the City Commission of the City of Bozeman, did on the 19th day of March 1975. duly and regularly pass Commission Resolution No. 1728, entitled: 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 TO BE KNOWN AS SPECIAL IMPROVEMENT DIS- TRICT NO. 547 FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING A TRUNK STORM DRAINAGE SYSTEM INCLUDING NECESSARY STORM DRAINAGE PIPE, MANHOLES. INLETS, DITCHES, AND OTHER NECESSARY APPURTENANCES TO STORM DRAINAGE, TOGETHER WITH GRAVEL FILL MATERIAL NECESSARY TO ESTABLISH REQUIRED GRADES ALONG THE SOUTH SIDE OF DURSTON ROAD FROM NORTH ELEVENTH AVENUE TO NORTH EIGHTEENTH AVENUE IN THE CITY OF BOZEMAN, MONTANA. and thereafter, after due and legal proceedings had. the Commission of the City of Bozeman did on the 9th day of April, 1975, duly pass Commission Resolution No. 1729, entitled: 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. 547 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING A TRUNK STORM DRAINAGE SYSTEM INCLUDING NECESSARY STORM DRAINAGE PIPE, MANHOLES. INLETS, DITCHES, AND OTHER NECESSARY APPURTENANCES TO STORM DRAINAGE, TOGETHER WITH GRAVEL FilL MATERIAL NECESSARY TO ESTABLISH REQUIRED GRADES ALONG THE SOUTH SIDE OF DURSTON ROAD FROM NORTH ELEVENTH AVENUE TO NORTH EIGHTEENTH AVENUE IN THE CITY OF BOZEMAN, MONTANA. I which Commission Resolution Nos. 1728 and 1729, 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 imprnvement 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. 1728 and 1729 are being constructed and completed in accordance with the terms and conditions of Commission Resolution Nos. 1728 and 1729, and the estimated cost of said improvements so constructed is the sum of Seventy Thousand and No/lOOths ($70,000.00) 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 improvements I in said Special Improvement No. 547, there be, and there is hereby levied and assessed an estimated tax amounting to the sum of Seventy Thousand and No/100ths ($70,000.00) Dollars.upon all the property in said Special Improvement District No. 547, and the estimated assessment of XXXXXXXXXX reported 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 COMMISSION RESOLUTION NO. 1755 _._-_._,,__._'--'--~~-_...- -- - - .-- ---_.~.._- ,... -. ,......-.~._~......... ,~. ... _n ~_ ._.___.. _. ~,. .,.', .. .. .....-., --.".--... -..-- ----------. ._~- .'J..... ...... _____m...._...... .... ~":. ,. ,. ..~ - .,. .. n.._ '..... _..,.,.~_......-,.~. .~ ~ - . "- . 44G 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 col- I lected 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 to be held in the Commission Chamber in the City Hall of said City on the 1st day of October 1975, at 1:00 0' 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 I 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. 547 is on file in the office of the Clerk of the Commission subject to inspection for a period ~f 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 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 24th day of September 1975. ATTEST: t' A'?L.<., P' '5?::~ Clerk of the City <eommissi / Finally passed and adopted by the Commission of the City of Bozeman at a I session thereof held on the 1st day of October, 1975. ATl'EST: ~ on -~MaY;; //// COMMISSION RESOLUTION NO. 1755 .._~ .. __~_~.___"--~_~~__..1~---,-",-,,--._~~ ~~.......... -............ _.~ -.....-.. . _---.....:L..~..................... ..~~_...."_ .......__.~.. L............-.-_..............L..IIL..-.............'t...o._._............_._. ~_~_.. ~.._...~~~__ _. ... '_._ ._~.._ __.~_..................-..:A.-..~__. . ..~... --.. 447 !.Q.!.!.f~ HEARING, FINAL ADOPTION OF COMMISSION RESOLtrrION NO. 1755, LEVYING AND ASSESSING SPECIAL IMPROVEMENT DISTRICT NO. 547, CITY OF BOZEMAN, FOR THE PURPOSE OF CONSTRUCTING AND 1m TALLING A TRUNK STORM DRAINAGE SYSTEM INCLUDING NECESSARY STORM DRAINAGE PIPE, MANHOLES, INLETS, DITCHES, AND OTHER NECESSARY APPRtTI'ENANCES TO STCIlM DRAINAGE, TOGETHER WITH GRAVEL FILL MATERIAL NECESSARY TO ESTABLISH REQUIRED GRADES ALONG THE SOUTH SIDE OF DURST ON ROAD FROM NORTH ELEVENTH AVENUE TO NORTH I EIGHl'EENTH AVENUE IN THE CITY OF BOZEMAN, MONTANA. NOTICE IS HEREBY GIVEN, that at a regular session of the Commission of the City of Bozeman, held on the 24th day of September 1975, Commission Resolution No. 1755 was provisionally passed and adopted. That said Commission Resolution levies and assesses an estimated Special Improvement District No. 547, 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. 547 are described as follows: Beginning at a point on the centerline of Durston Road, which point bears North 89053'38" East a distance of 360.92 feet from the northwest corner of Section 12, Township 2 South, Range 5 East of M.P.M.; thence along the centerline of Durston Road, North 89053'38" East a distance of 978.25 feet to the north 1/16 corner of the Northwest Quarter of said Sec~ion 12; thence continuing along the centerline of Durston Road, South 88 59' East a distance of 1341.74 feet to the north 1/4 corner of said Section 12; thence South 1006' West a distance of 1308.58 feet to the east 1/16 corner of the Northwest Quarter of said Section 12; thence westerly alon~ the center 1/16 line of said Northwest Quarter of Section 12, North 89 36 '30" West a distance of 1181. 74 feet to the northeast corner of Cleveland Subdivision, said point being 170.3 feet easterly of the center 1/16 corner of the Northwest Quarter, Section 12; thence southerly 951.25 feet along the easterly boundary of the Cleveland Subdivision to a point on the northerly right-of-way line of U.S. High- way 191. said point being the southeast corner of the Cleveland Sub- division; thence South 89041' West along the north right-of-way of I U.S. Highway 191 a distance of 899.54 feet to a point; said point being the southeast corner of Kirk's 2nd Subdivision, thence bearing North 00022'37" East along the easterly line of Block 1 of Kirk Second Sub- division a distance of 667.6 feet to the northeast corner of Block I, Kirk's 2nd Subdivision; thence continuing North 00022'37" East along the east line of Block 2, Kirk's 2nd Subdivision 293.08 feet to the northeast corner of said Block 2, thence South 89016'07" West a dis- tance of 130.57 feet along the south line of West Beall Street to the intersection of the centerline extended of the alley between North Seventeenth and North Eighteenth Avenues; thence along said alley center- line North 00025'38" East a distance of 1235.73 feet to a point ten feet easterly of the southeast corner of Lot I, Block B of Graf's First Rear- rangement of Block 6, Kirk's Second Subdivison; thence westerly a dis- tance of 10 feet to said southeast corner of Lot 1; thence westerly along the south line of said Lot 1 a distance of 110.01 feet to the southwest corner of said Lot 1; thence North 00025'36" East a distance of 95 feet to the point of beginning. Contained within the above described exterior boundaries are the follow- ing lots, blocks, and tracts of land, to wit: Lot I, Block B, Graf's First Rearrangement of Block 6 of Kirk's Second Subdivision; Lots 18 through 33, inclusive, of Block B and Lots 17 through 32, in- clusive, of Block C, all in Graf's Third Rearrangement of Block 6 of Kirk's Second Subdivision; Lots I through 16, inclusive, of Block C of Graf's Second Rearrange- ment,of Block 6 of Kirk's Second Subdivision; I Lotg 1 through 5, inclusive, of the Kirkwood Baptist Church's Rearrange- ment of Block 4 of Kirk's Second Subdivision; Lots 1 through 24, inclusive, of Jaffe's Rearrangement of Block 5 of Kirk's Second Subdivision; Lots 1 through 7, inclusive, of Durston Subdivision No.3; All unplatted tracts in the Northeast Quarter of the Northwest Quarter of Seetion 12, Township 2 South, Range 5 East; Lots 1 through 12, inclusive, of Cleveland Subdivision; .. .::' ..,: ',' '~\ ,:: oij'b All of Lots I and 2 of the Buttrey's Tract lying in the Southwest Quarter of the Northwest Quarter of Section 12, Township 2 South, Range 5 East, M.P.M., West of North 15th Avenue (West Main Shopping Center); COMMISSION RESOLUTION NO. 1755 ~ ~.._-_. ----"- - ------. ----- ~.- --- ~-,....,-_.- -.-. ,~,-~-~-, ~- _u.. _. .__,_ _...._..____"""'---._ . . .. -. ---- -. -- -.-. ,. .. . - ~.. 448 Lots 1, 2, and 3 of the Rearrangement of Block 3 of Kirk's 2nd Subdivision. , >.<If That, said Commission Resolution No. 1755 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 1st 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 I will hear and pass upon any and all objections that may be made to the final adoption of said Commission Resolution No. 1755, and the levying of an 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. 1728 declaring it to be the intention of the Commission to create Special Improvement District No. 547 and Commission Resolution No. 1729 creating Special Improvement District No. 547 for the purpose of constructing and installing a trunk storm drainage system, including necessary storm drainage pipe, manholes, inlets, ditches, and other necessary appurtenances to storm drainage, together with gravel fill material necessary to establish required grades along the south side of Durston Road from North Eleventh Avenue to North Eighteenth Avenue in the City of Bozeman, Montana. Dated this 24th day of September 1975. ~ I~' ~~/~ 6:' .. T ERNA V. HARDIN , Clerk of the City Commission State of Montana ) I County of Gallatin) ss. City of Bozeman ) I, Erna V. Harding, Clerk of the Commission of the 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 25th day of September, 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 hand and affix the corporate seal of my office this 27th day of October, 1975. 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. 1755, 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 5th day of October, 1975, 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 27th day of October, 1975. t;Lr14,. ~ / $~ Clerk of the City Co i on ____...:........._..........~._._"..~...............~_..L____........._...~............J....._...>... ...-.....-...... ...~ ._ ~ _..oL.~....~............._~....._...I...~..__. ....~........J..... ~..~_........-.~_____..L.._..~---'--" _________~_.L< __-'---__~__'_ _..._~ __~ - - - - L ~....