HomeMy WebLinkAboutResolution 1700 Special Assessment of Taxes for 529
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COMMISSION RESOLUTION NO. 1700 .__f.:,;;{__~?'f.._
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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. 529 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. 529.
I WHEREAS, the City Commission of the City of Bozeman, did on the 20th day of June
1973, du1v and regularly pass Commission Resolution No. 1587, entitled:
COMMISSION RESOLUTION NO. 1587
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. 529 FOR THE PURPOSE
OF CONSTRUCTION AND INSTALLATION OF A WATERMAIN AND SANITARY SEWER MAIN AND
APPURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED
AS FOLLOWS: A SIX (6) INCH WATERMAIN AND APPURTENANCES ON THE ENTIRE LENGTH
OF NORTH TWENTY-FIRST AVENUE BETWEEN BEALL STREET AND DURSTON ROAD: A TEN (10)
INCH WATERMAIN AND APPURTENANCES ON A PORTION OF DURSTON ROAD FROM A POINT
APPROXIMATELY 117 FEET WESTERLY OF THE WEST LINE OF NORTH TWENTIETH AVENUE
TO A POINT APPROXIMATELY 117 FEET WESTERLY OF THE WEST LINE OF NORTH TWENTY-
FIRST AVENUE; AN EIGHT (8) INCH SANITARY SEWER LATERAL MAIN AND THE NECESSARY
APPURTENANCES ON THE ENTIRE LENGTH OF NORTH TWENTY-FIRST AVENUE BETWEEN BEALL
STREET AND DURSTON ROAD TO SERVE LOTS 1 THROUGH 15 OF BLOCK 3 AND LOTS 18
THROUGH 33 OF BLOCK 2 OF WEST PARK MANOR, SECOND ADDITION TO THE CITY OF
BOZEMAN, MONTANA.
THE CONSTRUCTION AND INSTALLATION OF THE WATERMAIN TO INCLUDE ALL TRENCH
-SXCAVATION AND BACKFILL, BEDDING MATER,IAL, CAST IRON WATERMAIN, VALVES,
FITTINGS, HYDRANTS, SERVICE LINE STUBS, AND OTHER NECESSARY APPURTENANCES.
THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER MAINS SHALL INCLUDE
ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, INSTALLATION OF SEWER
MAIN, NECESSARY WYES, SERVICE LINE STUBS, MANHOLES, AND OTHER NECESSARY
APPURTENANCES THERETO.
and thereafter, after due and legal proceedings had, the Commission of the City of Bozeman
I did on the 11th day of July, 1973, duly pass Commission Resolution No. 1592, entitled:
COMMISSION RESOLUTION 1592
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.
529 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A WATERMAIN AND
SANITARY SEWER AMIN AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES
AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: A SIX (6) INCH WATERMAIN AND
APPURTENANCES ON THE ENTIRE LENGTH OF NORTH TWENTY-FIRST AVENUE BETWEEN
BEALL STREET AND DURSTON ROAD: A TEN (10) INCH WATERMAIN AND APPURTENANCES
ON A PORTION OF DURSTON ROAD FROM A POINT APPROXIMATELY 117 FEET WESTERLY
OF THE WEST LINE OF NORTH TWENTIETH AVENUE TO A POINT APPROXIMATELY 117
FEET WESTERLY OF THE WEST LINE OF NORTH TWENTY-FIRST AVENUE: AN EIGHT (8)
INCH SANITARY SEWER LATERAL MAIN AND THE NECESSARY APPURTENANCES ON THE
ENTIRE LENGTH OF NORTH TWENTY-FIRST AVENUE BETWEEN BEALL STREET AND DURSTON
ROA D TO SERVE LOTS 1 THROUGH 15 OF BLOCK 3 AND LOTS 18 THROUGH 33 OF BLOCK
2 OF WEST PARK MANOR, SECOND ADDITION TO THE CITY OF BOZEMAN, MONTANA.
THE CONSTRUCTION AND INSTALLATION OF THE WATERMAIN TO INCLUDE ALL TRENCH
EXCAVATION AND BACKFILL, BEDDING MATERIAL, CAST IRON WATERMAIN, VALVES,
FITTINGS, HYDRANTS, SERVICE LINE STUBS, AND OTHER NECESSARY APPURTENANCES.
THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER MAINS SHALL
INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, INSTALLATION
OF SEWER MAIN, NECESSARY WYES, SERVICE LINE STUBS, MANHOLES, AND OTHER
NECESSARY APPURTENANCES THERETO.
which Commission Resolution Nos. 1587 and 1592, passed as aforesaid, are hereby referred to
and made a part of this resolution for further particulars in respect to the boundaries of
I 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. 1587
and 1592 have been constructed and completed in accordance with the terms and conditions of
Commission Resolution Nos. 1587 and 1592, and the total cost of said improvements so constructed
is the sum of Forty-Nine Thousand Seven-Hundred Sixty-Two & 34/100ths ($49,762.34) dollars.
NOW, THEREFORE, pursuant to the provisions of Sections 11-2201 to 11-2273 and 11-3301,
COMMISSION RESOLUTION NO. 1700
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R. C.M., 1947 and amendments thereto.
BE IT RESOLVED AND IT IS HEREBY ORDERED BY THE COMMISSION OF THE CITY OF B07.EMAN,
STATE OF MONTANA.
Section 1. That to defray the cost and expense of constructing and making the improvements
in said Special Improvement No. 529, there be, and there is hereby levied
and assessed a tax
amounting to the sum of Forty-Nine Thousand Seven-Hundred Sixty-Two & 34/l00ths ($49,762.34)
I
dollars upon all the property in said Special Improvement District No. 529 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 Bet 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 several sums so assessed to 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 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 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 with the law governing the
collection of special improvement taxes; that failure to pay such assessments when the same
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become due and payable shall make such persons and sai.d 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 Corrnnission 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 ob-
jections to the final adoption of this Resolution will be heard by said r~mmission.
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 fuily Chronicle, Il daily newspaper printed Ilnd
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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. 529 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 Resolution; that it
shall be published at least five (5 ) days before the day set by the C~mmission
for the hearing
of objections and the final adoption of this Resolution.
I
Provisionally passed and adopted by the ilimmission of the City of Bozeman at a regular
session thereof held on the 21st day of August, 1974.
ATTEST:
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COMMISSION RESOLUTION NO.
1700
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Finally passed and adopted by the Commission of the City of Bozeman at a regular
session thereof held on the 28th day of August, 1974.
ATTEST:
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I Clerk of the' City Co~ion ~i. - -=:::::~.'
NOTICE 15
HEARING, FINAl. ADOPTION OF CO~~S:I~N- R~SOLUTION NO. 1700 LEVYING-
AND ASSESSING SPECIAL IMPROVEMENT DISTRICT NO. 529 CITY OF BOZEMAN
FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A WATERMAIN AND
SANITARY SEWER MAIN AND APPURTENANCES TO SERVE THE ENTIRE LENGTH OF
NORTH TWENTY-FIRST AVENUE BETWEEN BEALL STREET AND DURSTON ROAD, A
PORTION OF DURSTON ROAD FROM A POINT APPROXIMATELY 117 FEET WESTERLY
OF THE WEST LINE OF NORTH TWENTIETH AVENUE TO A POINT APPROXIMATELY
117 FEET WESTERLY OF THE WEST LINE OF NORTH TWENTY-FIRST AVENUE,
THE ENTIRE LENGTH OF NORTH TWENTY-FIRST AVENUE BETWEEN BEALL STREET
AND DURSTON ROAD TO SERVE LOTS 1 THROUGH 15 OF BLOCK 3 AND LOTS 18
THROUGH 33 OF BLOCK 2 OF l<lEST PARK MANOR, SECOND ADDITION TO THE
CITY OF BOZEMAN, MONTANA.
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. 1700 was provisionally
passed and adopted: That said Commission Resolution levies and assesses an estimated Special
Improvement District No. 529, in said City, to defray the cost and expense of constructi,ng
and making the improvements with said district, to wit:
The boundRries of sa id Special Improvement District No. 529 are described as follows:
A tract of land lying in the East one-half of the Northeast one-quarter
of Section II, Township 2 South, Range 5 East, Montana Principal Meridian, City
of Bozeman, Gallatin County, Montana, further described as follows:
I Beginning at a point which bears South 88009'23" West a distance of
456.50 feet from the northeast corner of said Section 11; thence South 0051'38"
West a distance of 1,267.90 feet along the centerline of Block 2 to a point
on the north line of Beall Street; thence South 89016'07" West a distance of
294.02 feet along the north line of West Beall Street; thence North 0051'38"
East a distance of 1,262.02 feet to a point on the north line of said Section
11; thence North 88009'23" East a distance of 294.11 feet to the point of
beginning.
Containing within the above described exterior boundaries the following
tracts, parcels, lots and blocks of land: All of Lots I, 2, 3, 4, 5, 6, 7,
8, 9, 10, 11, 12, 13, 14, and 15 of Block 3. All of Lots 18, 19, 20, 21, 22,
23, 24, 25, 26, 27, 28, 29, 30, 31, 32, and 33 of Block 2, all in West Park
Manor, Second Addition, a subdivision of the City of Bozeman, Montana.
That, said Commission Resolution No. 1700 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 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
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. 1700, and the levying of a said estimated assessment, and that said Resolution
will finally be passed and adopted at the said regular session.
I All persons interested are referred to Commission Resolution No. 1587 declaring it to be
the intention of the Commission to create Special Improvement District No. 529 and Commission
Resolution No. 1592, creating Special Improvement District No. 529 for the purpose of con-
struction and installation of a watermain and sanitary sewer main and appurtenances to serve
the entire length of North TWenty-First Avenue between Beall Street and Durston Road, a portion
of Durston Road from a point approximately 117 feet westerly of the west line of North TWentieth
Avenue to a point approximately 117 feet westerly of the west line of North TWenty-First Avenue,
COMMISSION RESOLUTION NO. 1700
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28G
the entire length of North Twenty-First Avenue between Beall Street and Durston Road to
i serve Lots 1 through 15 of Block 3 and Lots 18 through 33 of Block 2 of West Park Manor,
!Jetond addition to the City of Bozeman, Montana.
Dated the 21st day of August 1974.
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0,:"-?"%1>' p:- -~~'"
ERNA V. HARDING /'
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 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
22nd day of August 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 3rd day of September, 1974.
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ERNA V. HAR1)ING
Clerk of the City Commiss ion
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. 1700 was published by title and number in the I
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 WHEREOF 1 hereunto set my hand and affix the corporate seal of my office
to-
this 3rd day of September, 1974.
?,/4M/ /~-4-
ERNA V. HAR DING
Clerk of the City Commission
I
COMMISSION RESOLUTION NO. 1700
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