HomeMy WebLinkAboutResolution 1710 Special Assessment of Taxes for 538
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COMMISSION RESOLUTION NO. 1710 !J.-i2S
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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. 538 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. 538.
I WHEREAS, the City Commission of the City of Bozeman, did on the 3rd day of April 1974,
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 THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A
SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS 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 INSTALLA-
TION OF NECESSARY STORM DRAINAGE PIPE, INLETS, MANHOLES, DITCHES, AND
APPURTENANCES NECESSARY TO STORM DRAINAGE ON SOUTH ELEVENTH AVENUE
BETWEEN KAGY BOULEY ARD AND WEST LINCOLN ROAD, AND ON THAT PORTION OF
WEST LINCOLN ROAD FROM SOUTH ELEVENTH AVENU'E TO A POINT 130 FEET
WEST 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
CONSTRUCTING 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
I ELEVENTH A VENUE BETWEEN KAGY BOULEVARD AND WEST LINCOLN ROAD, AND ON
THAT PORTION OF WEST LINCOLN ROAD FROM SOUTH ELEVENTH TO A 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 ~,--_._,------ .
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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. 538, there be, and there is hereby levied and assessed a tax
amounting to the sum of -- upon
all the property in said Special Improvement District No. 538, and the estimated assessment of
$184,000.00 reported on 18 September 1974, 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 da.y when the
COMMISSION RESOLUTION NO. 1710
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same shall be delinquent is set forth in detail in the assessment list hereto attached, marked
Schedule !lA", 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 I
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 25th day of September 1974, at
1:00 o'clock p.m., be, and the same is hereby designated as the time and place at which objec-
~ons 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 I
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. 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 objec-
tions 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 18th day of September 1974.
ATTEST:
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Finally passed and adopted by the Commission of the City of Boz an at a regular session
thereof held on the 25th day of September 1974. I
ATTEST:
NOT ICE
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HEARING, FINAL ADOPTION OF COMMISSION RESOLUTION NO. 1710 LEVYING AND
ASSESSING SPECIAL IMPROVEMENT DISTRICT NO. 538 CITY OF BOZEMAN FOR THE
PURPOSE OF CONSTRUCTING AND INSTALLING AN ASPHALTIC CONCRETE TYPE PAVE-
MENT, INTEGRAL CONCRETE CURB AND GUTTER, AND NECESSARY APPURTENANCES
COMMISSION RESOLUTION NO. 1710
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THERETO; ALSO CONSTRUCTION MID INSTALLATION OF NECESSARY STORM DRAINAGE
PIPE, INLETS, MANHOLES, DITCHES, AND APPURTENANCES NECESSARY TO STORM
DRAINAGE ON SOUTH ELEVENTH A VENUE BETWEEN KAGY BOULEVARD AND WEST
LINCOLN ROAD, MID ON THAT PORTION OF WEST LINCOLN ROAD FROM SOUTH
EJ.EVENTH AVENUE TO A POINT 130 FEET WEST OF THE WEST LINE OF THE TAl
LA1IE ADDITION TO THE CITY OF BOZEMAN, MONTANA.
NOTICE IS HEREBY GIVEN, that a regular session of the Commission of the City of Bozeman,
I held on the 18th day of September 1974, Commission Resolution No. 1710 was provisionally passed
and adopted: That said Commission Resolution levies and assesses an estimated Special Improve-
ment 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
described as follows: Beginning at the center of Section 13, Township 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" West a distance of 135 feet; thence South 89024' 16" West
a distance of 816.94 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 0003'34" East a distance of 135 feet; thence North
89024'16" East 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" West a distance of 1287.45 feet;
thence South 89009'15" West a distance of 142 feet to the true point of
beginning.
Contained within the above described exterior boundaries are the following
lots, blocks, and tracts of land, to wit:
142' x 1287.45' portion of unplatted Montana State University campus lying
in NW 1/4, SE 1/4, Section 13, Township 2 South, Range 5 East; 135' x 816.94'
I portion of unplatted Montana State University campus lying in SE 1/4, NW 1/4,
Section 13, Township 2 South, Range 5 East; 142' x 251' unplatted tract belong-
ing to Montana State University in NE 1/4, SW 1/4, 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. 1710 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 25th day of September 1974, 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. 1710, 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. 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
I 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 West of the west line of the
Tai Lane Addition to the City of Bozeman, Montana.
Dated the 18th day of September 1974.
C ~~
~~1/~".~ MRD NG ~?:. ~,
Clerk of the City Commission
COMMISSION RESOLUTION NO. 1710
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State of Montana )
County of Gallatin : S8
City of Bozeman )
I, Erna V. Harding, Clerk of the Commission of the City of Bozeman, do hereby
certify that the foregoing Notice in Re 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 ,
20th day of September, 1974, 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 25th day of September 1974.
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~~L<' ~1NG ., '. ~t('
Clerk of the City Commissipn
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. 1710 was published by title and number in the
Bozeman Daily Chronicle, a newspaper of general circulation printed and published in Bozeman
in the issue of the 26th day of September 1974.
IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my office
this 25th day of September 1974.
;fN:~: dtrfVr<<f7- I
Clerk of the City Commission
I
COMMISSION RESOLUTION NO. 1710
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