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HomeMy WebLinkAboutResolution 1711 Special Assessment of Taxes for 534 .. 325 hoot ... ... 011. ").. COMMISSION RESOLUTION NO. 1711 !2..i.~_?!._m.. . - .F//f A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEf>.W, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMEr~ OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 534 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL I~1PROVEMENT DISTRICT NO. 534. I WHEREAS, the City Commission of the City of Bozeman, did on the 31st day of October 1973, duly and regularly pass Commission Resolution No. 1631, entitled: COMMISSION RESOLUTION NO. 1631 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 IMPROVE- MENT DISTRICT NO. 534 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A WATERMAIN AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: A SIX INCH WATERMAIN FROM NORTH SEVENTH A VENUE EAST ON HEMLOCK TO NORTH FIFTH AVENUE, AN EIGHT INCH WATERMAIN FROM THE INTERSECTION OF VACATED JUNIPER STREET AND NORTH FIFTH AVENUE NORTH ON NORTH FIFTH TO HEMLOCK THEN EAST ON HEMLOCK TO THE READJUSTMENT OF NORTH FIFTH, THENCE NORTH ON NORTH FIFTH TO OAK STREET, A TWELVE INCH WATERMAIN ON OAK STREET FROM NORTH FIFTH AVENUE TO CONNECT WITH THE EIGI~ INCH WATERMAIN EXTEND- ING EAST FROM NORTH SEVENTH AVENUE. THE CONSTRUCTION AND INSTALLATION OF THE WATERMAIN TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, CAST IRON WATER- MAIN, VALVES, FITTINGS, HYDRANTS, SERVICE LINE STUBS, PAVING REPLACEMENT AND OTHER NECESSARY APPURTENANCES THERETO. and thereafter, after due and legal proceedings had, the Commission of the City of Bozeman did on the 5th day of December, 1973, duly pass Commission Resolution No. 1637, entitled: Cm-1MISSION RESOLUTION NO. 1637 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, I CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 534 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A WATERMAIN AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: A SIX INCH WATERMAIN FROM NORTH SEVENTH AVENUE EAST ON HEMLOCK TO NORTH FIFTH AVENUE, AN EIGHT INCH WATERMAIN FROM THE INTERSECTION OF VACATED JUNIPER STREET AND NORTH FIFTH AVENUE NORTH ON NORTH FIFTH TO HDfLOCK THEN EAST ON HDfLOCK TO THE READJUSTMENT OF NORTH FIFI'H, THENCE NORTH ON NORTH FIFTH TO OAK STREET, A TWELVE INCH WATERMAIN ON OAK STREET FROM NORTH FIFTH AVENUE TO CONNECT WITH THE EIGHT INCH WATERMAIN EXTENDING EAST FROM NORTH SEVENTH AVENUE. THE CONSTRUCTION AND INSTALLATION OF THE WATERMAIN TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, CAST IRON WATER- MAIN, VALVES, FITTINGS, HYDRANTS, SERVICE LINE STUBS, PAVING REPLACE- MENT AND OTHER NECESSARY APPURTENANCES THERETO. - which Commission Resolution Nos. 1631 and 1637, 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. 1631 and 1637 have been constructed and completed in accordance with the terms and conditions of I Commission Resolution Nos. 1631 and 1637, and the total cost of said improvements so constructed is the sum of Forty-One Thousand Nine Hundred Twenty-Five & 94/100ths ($41,925.94) dollar~. 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 l. That to defray the cost and expense of constructing and making the improvements in said Special Improvement No. 534, there be, and there is hereby levied and assessed a tax COMMISSION RESOLUTION NO. 1711 ---"--'-'-------"--"'------ ~ " . -.----. -~ -,-,-,~~- --- .'-_.~". ._.,.__.,~"._---"~-~....,..",-"...~~"..~,,, -'- ..,.----...........,.-....-.-- ,.........",...- ... .... --,.~~"'. --... ...,.-- 32G amounting to the sum of Forty-One Thousand Nine Hundred Twenty-Five & 94/100ths ($41,925.94) dollars upon all the property in said Special Improvement District No. 534, 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 I opposite the name of the owners and the described lots and parcels of land be, and the sam~ 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 install- ment shall extend over a period of 19 years; that the payment of the respective annual install- ment shall be made on or before the 30th day of November of each year until payment of all instailments 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 Day 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 2nd day of October 1974, at 1:00 o'clock p.m., be, and the same is hereby designated as the time and place at which I 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. 534 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 25th day of September 1974. ATTEST: .., / /" . II',' I ~'// / ,,j/ / // / o ~ t/'" . /<c:,' /// ",,/ /~ /. / ~-tc;~ F ~/ ..' ~ 0:/(7//:;:'.:: ' -~~./'!:~[_ ~ ._ Clerk or the 'City ~iSSion ~or r ~. Finally passed and adopted by the Commission of the City of Bozema at a regular session thereof held on the 2nd day of October, 1974. ATTEST: -- ")' - . - ~< /:~,.,<.(::::::::.;..:/:~~>(,:i~~/. ,;;~,: :z i_.(-:-:<...::-f{{. 7Mayor ,'/ // / . ---' / COMMISSION RESOL;~ION NO. 1711 '-:::--------i-" ....-...~-"'~~_.~....~..............._, ~., ~_ _ ..~,...............,._..._..........._~..............._......~.........~ _.._ ~ .go. ...,.._.__~..~~.~ ~.__~. _ _.............. _ ... __~...L.o.".' ,_IL&.".,~ _~_ .._......,..~ ~_.. _._,~..............._....... __' ~,.._ "-~ __, ~.-.... ._~.----....o......,..._.._......,....__'" ..... ...~, ~"""~....... -" ~. ~- .....- 327 !Q!I.Q.K HEARING, FINAL ADOPTION OF COMMISSION RESOLUTION NO. 1711 LEVYING AND ASSESSING SPECIAL IMPROVEMF~T DISTRICT NO. 534 CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A WATERMAIN AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: A SIX INCH WATERMAIN FROM NORTH SEVENTH A VENUE EAST ON HEMLOCK TO NORTH FIF'"rH AVENUE, AN EIGHT INCH WATERMAIN FROM THE INTERSECTION OF VACATED JUNIPER STRE1'T AND NORTH FIFrH A VENUE NORTH ON NORTH FIFTH TO I HEMLOCK THEN EAST ON HEMLOCK TO THE READJUSTMENT OF NORTH FIFrH, THENCE NORTH ON NORTH FIFI'H TO OAK STREEI', A TWELVE INCH WATERMAIN ON OAK STREEI' FROM NORTH FIFTH AVENUE TO CONNECT WITH THE EIGr.~ INCH WATERMkIN EXTEND- ING EAST FROM NORTH SEVENTH AVENUE. NOTICE IS HEREBY GIVEN, that a regular session of the Commission of the City of Bozeman, held on the 25th day of September 1974, Commission Resolution No. 1711 was provisionally passed and adopted: That said Commission Resolution levies and assesses an estimated Special Improve- ment District No. 534, in said City, to defray the cost and expense of constructing and making improvements with said district, to wit: The boundaries of said Special Improvement District No. 534 are described as follows: Beginning at the East one-quarter corner of Section 1, Township 2 South, Range 5 East, M.P.M.; thence North 0002'21.3" West a distance of 45 feet; thence North 89011'44.4" West a distance of 492.87 feet to the true point of beginning; thence North 89011'44.4" West a distance of 593.06 feet; thence South 0000'47.9" West a distance of 222.5 feet; thence North 89052'54" West a distance of 217 feet to a point on the centerline of North Seventh Avenue; thence along the centerline of said North Seventh Avenue South 0015' West a distance of 881.3 feet; thence South 89042' East a distance of 247 feet to a point on the west line of Lot 6 of Block 4 of the North Seventh Addition to Bozeman; thence North 0018' East a distance of 30 feet; thence South 89042' East a distance of 563 feet; thence North a distance of 180 feet; thence North 89047'12" East a distance of 246.67 feet; thence North a distance of 530 feet; thence North 89011'44" West a distance of 246.4 feet more or less to a point on the east line of North Fifth Avenue; thence North a distance of 357.4 feet to the true point of beginning; I Contained within the above described exterior boundaries are the following lots, blocks, and tracts of land, to wit: Lots 1, 2, 3, 11, 12, 13, 14, and 15 of Block 4 of North Seventh Addition; Lots 2 through 6 inclusive of Block 1, Lots 1 through 5 inclusive of Block 2 and vacated Birch Street, all in Westlake's Second Subdivision; Lots 1 and 2 of Block 4, the northwest 193' x 150' of Block 2, and the southwest 246.67' x 500' of Block 3, all in Westlake's Fourth Subdivision. Contained in the above are a total of 746,013.12 square feet. That, said Commission Resolution No. 1711 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 2nd day of October 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. 1711, 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. 1631 declaring it to be the intention of the Commission to create Special Improvement District No. 534 and Commission Resolution No. Ib37, creating Special Improvement District No. 534 for the purpose of construc- I tion and installation of a watermain and appurtenances to serve the adjoining properties and more specifically described as follows: a six inch watermain from North Seventh Avenue east on Hemlock to North Fifth Avenue, an eight inch watermain from the intersection of vacated Juniper Street and North Fifth Avenue north on North Fifth to Hemlock then east on Hemlock to the readjustment of North Fifth, thence north on North Fifth to Oak Street, a twelve inch watermain on Oak Street from North Fifth Avenue to connect with the eight inch watermain extending east from North Seventh Avenue in the City of Bozeman, Montana. COMMISSION RESOLUTION NO. 1711 ----..,,-.-- .... . - ~ .~_.~- _.~--- ~ ...-- .~ -- _,,_~_n~_ ... _.~- -----".- _...........~. ~ - - --,_. ... ..... .,~.- .'- ~.....,.,..~,... '_m_.~w ..n._.....~"." ~ ,-,.- .._ _......~__' ."'-'-_" '.'._' .,...........,~...... ..~......_ _'_ ,,_"'r .".,__ ...,..... . 328 Dated the 25th day of September 1974. ,Y~~ ~~ -_/ ~NtV:c~r > --- Clerk of the City Commission State of Montana ) County of Gallatin : S8 I Ci ty 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 26th day of September, 1974, 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 2nd day of October 1974. y /~ .J.,;;;.::..c~nd'./;::: - -" - ERNA V. HARDINr 7" 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. 1711 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 3rd day of October 1974. I IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my office this 2nd day of October 1974. ;:///Z/ ~" (." ,,""- - .-7'; <_ __ ---,,- ERNA V. HARDI G Clerk of the City Commission I COMMISSION RESOLUTION NO. 1711 ................~~,'.",._.~_.___.......~_'n'~'~~ ~.,_.~_..,__._. ...............~~_ _~_-.l-~~~ _, ____,--.o...L-"~. ._,---._."............._-_.__..~._........ ~~ ....~.,_.~ ._-~,~,-~ .A._. ...-......_.~ .~,_~._ _~~ ~..-...L.ooo.~_ .,.-- -~.- _..,..... _._~_ ~. __ _-..._--.t.._&__..~,,~. _.~~____-....................... _ _..L ..- "