HomeMy WebLinkAboutResolution 1699 Special Assessment of Taxes for 528
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COMMISSION RESOLUTION NO.
1699 _ <1'-3--7'1
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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. 528 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. 528.
I WHEREAS, the City Commission of the City of Bozeman. did on the 6th day of June
1973. duly and regularly pass Commission Resolution No. 1584. entitled:
COMMISSION RESOLUTION NO.
1584
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 DISTRIC'l' TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT
NO. 528 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF LATERAL WATER~
MAINS AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES. MORE SPECIFICALLY
AS FOLLOWS: A SIX (6) INCH WATERMAIN AND APPURTENANCES IN CUTTING STREET
AND MORROW STREET AND VARIOUS EASEMENTS IN FIGGINS' ADDITION AND ON A PORTION
OF ARNOLD STREET. COLTER AVENUE AND ON HENDERSON STREET IN GRAF'S THIRD
ADDITION.
THE CONSTRUCTION AND INSTALLATION TO INCLUDE ALL TRENCH EXCAVATION AND
BACKFILL, BEDDING MATERIALS, CAST IRON WATERMAIN, VALVES AND FITTINGS
AND HYDRANTS, SERVICE LINES AND OTHER NECESSARY APPURTENANCES TO PROVIDE
WATER TO ALL LOTS IN THE DISTRICT.
and thereafter. after due and legal proceedings had. the Commission of the City of Bozeman
did on the 6th day of June, 1973, duly pass Commission Resolution No. 1586. entitled:
COMMISSION RESOLUTION NO.
1586
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. 528 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF
tATERAL WATERMAINS AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES.
MORE SPECIFICALLY AS FOLLOWS: A SIX (6) INCH WATERMAIN
AND APPURTENANCES
I IN CtITTING STREET AND MORROW STREET AND VARIOUS EASEMENTS IN FIGGINS'
ADDITION AND ON A PORTION OF ARNOLD STREET. COLTER AVENUE AND ON
HENDERSON STREET IN GRAF'S THIRD ADDITION.
THE CONSTRUCTION AND INSTALLATION TO INCLUDE ALL TRENCH EXCAVATION AND
BACKFILL. BEDDING MATERIALS. CAST IRON WATERMAIN. VALVES AND FITTINGS
AND HYDRANTS. SERVICE LINES AND OTHER NECESSARY APPURTENANCES TO PROVIDE
WATER TO ALL LOTS IN THE DISTRICT.
which Commission Resolution Nos. 1584 and 1586, 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 Commfssion Resolution Nos. 1584
and 1586 have been constructed and completed in accordance with the terms and conditions of
Commission Resolution Nos. 1584 and 1586. and the total cost of said improvements so constructed
is the sum of Fifty-Eight Thousand Three-Hundred Sixty-Five & 60/l00ths ($58,365.60) dollars.
NOW. THEREFORE, pursuant to the provisions of Sections 11-2201 to 11-2273 and 11-3301,
R.C.M.. ]947 and amendments thereto.
BE IT RESOLVED AND IT IS HEREBY ORDERED BY THE COMMISSION OF THE CITY OF BOZEMAN,
STATE OF MONTANA.
I Sect ion 1. That to defray the cost and expense of constructing and making the improvements
in said Special Improvement No. 528, there be, and there is hereby levied and assessed a tax
amounting to the sum of Fifty-Eight Thousand Three-Hundred Sixty-Five & 60/100ths ($58,365.60)
dollars upon all the property in said Special Improvement District No. 528 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
COMMISSION RESOLUTION NO.
1699
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280
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
pareE'. Is of land described in said assessment list, Schedule "A", as required by law; that I
the payment of said sums shall be made in 20 installments and the payment of said installment
sha 11 extend over a period of 19 years; that tl1e payment of the respective annual installment
shall be made on or before the 30th day of November of each year until payment of all install-
ments 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 ~.,ith the law governing the
collection of special improvement taxes; that failure to pay such assessments when the same
become dne and payable shall make such persons and said lots and parcels of land liable to
the nenalties 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 28th day of August 1974, at
1:00 o'clock p.m., be, and the same is hereby designated as the time and place at which objec-
tions 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 I
cost and expense of constructing and making the improvements in the said Special Improvement
District No. 528 is on file in the office of the Clerk of the Commission subject to inspec-
tion 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 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 21st day of August, 1974.
ATTEST:
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Finally passed and adopted by the Commission of the City of Bozeman a session
thereof held on the 28th day of August, 1974.
ATTEST:
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Clerk of thl City Co ission / Mayor
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HEARING, FINAL ADOPTION OF COMMISSION RESOLUTION NO. 1699 LEVYING
AND ASSESSING SPECIAL IMPROVEMENT DISTRICT NO. 528 CITY OF BOZEMAN FOR
THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF LATERAL WATERMAINS AND
APPURTENANCES TO SERVE CUTTING STREET AND MORROW STREET AND VAR IOUS
EASEMENTS IN FIGGINS' ADDITION AND ON A PORTION OF ARNOLD STREET, COLTER
AVENUE AND ON HENDERSON STREET IN GRAF'S THIRD ADDITION TO BOZEMAN, MONTANA.
COMMISSION RESOLUTION NO. 1699
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NOTICE IS HEREBY GIVEN, that a regular session of the Commission of the City of
Bozeman, held on the 21st day of August 1974, Commission Resolution No.
1699 was provisionally
passed and adopted: That said Commission Resolution levies and assesses an estimated Special
Improvement District No. 528, in said City,
to defray the cost and expense of constructing
and making the improvements with said district, to wit:
I The boundaries of said Special Improvement District No. 528 are described
as follows:
Beginning at the northwest corner of Section 19,
Township 2 South, Range
6 East of M.P.M.; thence South 89012' East
a distance of 30.0 feet; thence South
0013' West a distance of 165.0 feet; thence South 89012'
East a distance of 15.0
feet to the true point of beginning; thence South along the easterly line of
South Third Avenue a distance of 1159.01 feet to the northwest corner of Lot 1
of Graf's Third Addition to the City of Bozeman; thence South 89006'
East along
the north line of said Graf's Third Addition a distance of 961.09 feet to the north-
east corner of said Graf's Third Addition; thence South 10013'30" West along
the east line of said Graf's Third Addition a distance of 320.0 feet;
thence
continuing along said east line of said Graf's Third Addition,
South 53018'30"
West a distance of 205.77 feet; thence continuing along said east line of said
Graf's Third Addition South 5027'00" West a distance of 320.68 feet;
thence
continuing along said east line of Grat's Third Addition South 2059' 30" West
a distance of 375.88 feet; thence North 84043' West a distance of 196.61 feet;
thence northwesterly a distance of 66.69 feet to the southeast corner of Block 1
of Tract "A" of Graf' s Third Addition;
thence North 89006'00" West along the
south line of said Block 1 a distance of 364.49 feet to the southwest corner
of said Block 1; thence North 0013'00" East along the westerly line of said
Block I, Tract "A" a distance of 330.75 feet to the northwest corner of said
block; thence North 89006'00" West along the south lot line of Lot 1 of Block 3
of Graf's Third Addition a distance of 91.71 feet to the southwest corner of
said Lot 1; thence northwesterly across South Third Avenue to a point on the
east line of the Figgins' Addition to Bozeman, Montana, said point
lying 365.6
feet South 00013' West of the southeast corner of Figgins' Addition of Blocks
I, 2 and a portion of Block 9 as now filed and recorded in County Clerk and
Recorder's Office, Gallatin County, Montana;
thence South 89018'00" West
parallel to and 365.6 feet distant southerly from the south line of Arnold
Street of said Figgins' Addition, a distance of 204.44 feet, more or less,
to
I a point on the westerly line of Langohr Avenue; thence northerly along the
west line of said Langohr Avenue to a point 268 feet distant southerly from
the south line of Arnold Street; thence South 89018'00" West a distance of 90
feet; thence northerly parallel to and 90 feet distant westerly from the west
line of Langohr Avenue a distance of 268 feet to a point on the south line of
Arnold Street; thence North 00007'00" East across Arnold Street and along the
west line of Lot SO of Block 1 of Figgins' Addition a distance of 190.55 feet
to the northwest corner of said Lot 50; thence South 89018'00" West a distance
of 490 feet to a point on the west line of Block 1 of Figgins' Addition;
thence
North 00007'00" East along the west line of said Block 1 a distance of 573.10
feet to the northwest corner of Lot 28 of Block 1, Figgins' Addition;
thence
North 89018'00" East a distance of 490 feet to the southwest corner of Lot 21
of Block I, Figgins' Addition; thence North 00007'00"
East along the west lot
lines of Lots 21, 8 and 7 of said Block 1 and across Cutting Street and West-
ridge Drive a distance of 442.5 feet to a point on the north line of Westridge
Drive; thence North 89018'00" East along the north line of Westridge Drive a
distance of 33.12 feet to a point; thence North 00013 '00" West a distance of
155.32 feet; thence North 89004'00" East a distance of 309.07 feet to the true
point of beginning.
Containing within the above described exterior boundaries the following
lots, blocks and tracts of land, to wit:
Lots 1 through 15 inclusive of Block I, Graf's Third Addition.
Lots 1 through 10 inclusive of Block 2, Graf's Third Addition.
Lots 1 through 5 inclusive of Block 3,
Graf's Third Addition.
Block I, Tract "A", Graf's Third Addition.
An unplatted tract of land lying east of Colter Avenue 360' x 200' (future
Lots 1 through 4 of future Block 6), Graf's Third Addition.
An unplatted tract of land (104.97' x 104.44' x 365.6')
in Figgins' Annexation
2
lying between South Third Avenue and Langohr Avenue south of Arnold Street.
I An unp latted tract of land 268' x 90' lying south of Arnold Street and west
of Langohr Avenue in Figgins' Annexation.
A tract of land approximately 155' x 220', located in the southeast corner
of Lot 1, Block 9, Figgins' Addition.
Lots 7, 8, 21 and 22 through SO inclusive of Block 1, Figgins' Addition.
Lots 1 through 13 inclusive of Block 2, Figgins' Addition.
That, said Commission Resolution No. 1699 is now on file in the office
of the Clerk of
the City Commission, subject to inspection tor a period of five
(5) days by any persons interested.
That Wednesday the 28th day of August 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 RaIl Building of
COMMISSION RESOLUTION NO. 1699
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282
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. 1699, 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. 1584 declaring it to
be the intention of the Commission to create Special Improvement District No. 528 and Commission I
Resolution No. 1586, creating Special Improvement District No. 528 for the purpose of conM
struction and installation of lateral watermains and appurtenances to serve Cutting Street and
Morrow Street and various easements in Figgins' Addition and on a portion of Arnold Street,
Colter AVenue and on Henderson Street in Graf's Third Addition to Bozeman, Montana.
Dated this 21st day of August 1974.
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Commission
State of Montana )
County of Gallatin : 58
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 pubHshed at length in the Bozeman Thli1y Chronicle,
a newspaper of general circulation printed and published in said City in the issue of the
nnd day of August 1974, and due proof of such publication is on file in my office.
IN WITNESS WHEREOF T hereunto set my hand and affix the corporate seal of ftt'J office
this 3rd day of September, 1974. I
5/ /~ /
hdc:#l./J/ '_ -?~,kft/
ERNA V. HA~ ING ~
Clerk of the City Commission
State of Montana )
C'..ounty of Callatin : 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. 1699 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 30th day of August 1974, and due proof of such publication is on file in
my office.
IN WITNESS T,,)'HEREOF I hereunto set my hand and affix the corporate sea 1 of my office
this 3rd day of September, 1974.
~~n~ L~~
Clerk of the City Commission I
CCMMTSSION RESOLUTION NO. 1699
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