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HomeMy WebLinkAboutResolution 1438 Taxes for Special Improvement District No. 494 133 COMMISSION RESOLUTION NO. 1438 ~ ~ A RESOLUTION OF THE COMMISS ION OF THE CITY OF BOZEMAN, MONTANA, '->--'-' .. LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE ., PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 494 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING 'mE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 494. I WHEREAS, the City Commission of The City of Bozeman, did on the 11th day of June, 1969, duly and regularly pass Commission Resolution No. 1406, entitled: A RESOLUTION OF THE CITY OF BOZEMAN DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, MONTANA, TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 494 FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING AN ASPHALTIC-CONCRETE PAVEMENT, IN- TREGAL CONCRETE CURBS AND GUTTERS AND NECESSARY APPURTENANCES THERETO, ALSO CONSTRUCTION AND INSTALLATION OF NECESSARY DRAINAGE INLETS AND OTHER APPURTENANCES THERETO TO THE STORM DRAIN- AGE SYSTEM ON THAT PORTION OF SOUTH BOZEMAN AVENUE AND EAST CLEVELAND STREET LYING BE'lWEEN GARFIELD STREET AND A POINT EIGHTY (80) FEET WESTERLY OF ROUSE AVENUE AND ON SOUTH MONTANA AVENUE BE'lWEEN EAST CLEVELAND STREET AND A POINT LYING 439.25 FEET SOUTHERLY THEREOF. and thereafter, due and legal proceedings had, the Commission of The City of Bozeman did on the 2nd day of July, 1969, duly pass Commission Resolution No. 1407, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 494 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING AN ASPHALTIC-CONCRETE PAVEMENT, INTREGAL CONCRETE CURBS AND GUTTERS AND NECESSARY APPURTENANCES THERETO, ALSO CONSTRUCTION AND INSTALLATION OF NECESSARY DRAINAGE INLETS AND OTHER APPURTENANCES THERETON TO THE STORM DRAINAGE SYSTEM ON THAT PORTION OF SOUTH BOZEMAN AVENUE AND EAST CLEVELAND STREET LYING BETWEEN GARFIELD STREET AND A POINT EIGHTY (80) FEET WESTERLY OF ROUSE AVENUE AND ON SOUTH MONTANA AVENUE BETWEEN EAST CLEVELAND STREET AND A POINT LYING 439.25 FEET SOUTHERLY THEREOF. which Commission Resolutin Nos. 1406 and 1407, 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. 1406 and 1407 I have been constructed and completed in accordance with the terms and conditions of Commission Res- olution Nos. 1406 and 1407, and the total cost of said improvements so constructed is the sum of Forty-Seven Thousand Five-Hundred Twenty-Five & 87/l00ths ($47,525.87) 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 TIlE CITY OF BOZEMAN, STATE OF MONTANA Sec tion 1. That to defray the cost and expense of constructing and making the improvements in said Special Improvement No. 494, there be, and there is hereby levied and assessed a tax amount- ing to the Sum of Forty-Seven Thousand Five-Hundred Twenty-Five & 87/l00ths ($47,525.87) dollars upon all the property in said Special Improvement District No. 494, and the estimated assessment of None 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 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 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 installments shall extend over a period of 19 years; that the payment of the respective annual installment shall be made on or before the I 30th day of November of each year until payment of all installments together with the interest there- on, 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. See tion 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 30th day of September 1970. at 1:00 o'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 he heard by said Commission. See tion 3. That the Clerk of the Commission of The City of Bozeman be. and she is hereby ordered COMMISSION RESOLUTION NO. 1438 ~,,- 134 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 Re- solution levying and assessing a special assessment of taxes to defray the cost and expense of con- structing and making the improvements in the said Special Improvement District No. 494 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 to the final adoption of this Resolution; that it shall be published at least five (5) days before I the day set by the Commission for the hearing of objections and the of this Resolution. Provisionally passed and adopted by the Commission of The thereof held on the 23rd day of September, 1970. ATTEST: "'" _,I v.."J /. ,-;0/2'... Clerk of Finally passed and adopted by the Commission of The Cit of held on the 30th day of September 1970. ATTEST: ( / :/ ';? ./ " ./ (". d 12" /' .. / ,'zY....c.:. ~ / /t.-,Yv.c</ V . ,- i.~ ,- ~ Clerk of the City mmission NOT ICE ------ HEARING, FINAL ADOPTION OF COMMISSION RESOLUTION NO. 1438 LEVYING ASSESSMENT SPECIAL IMPROVEMENT DISTRICT NO. 494 CITY OF BOZEMAN, I CONSTRUCTING AND INSTALLING AN ASPHALTIC CONCRETE PAVEMENT, INTRE~ GAL CONCRETE CURBS AND GUTTERS AND NECESSARY APPURTENANCES THERETO, ALSO CONSTRUCTION AND INSTALLATION OF NECESSARY DRAINAGE INLETS AND OTHER APPURTENANCES THERETO TO THE STORM DRAINAGE SYSTEM ON THAT PORTION OF SOUTH BOZEMAN AVENUE AND EAST CLEVELAND STREET LYING BE- TWEEN GARFIELD STREET AND A POINT EIGHTY (80) FEET WESTERLY OF ROUSE AVENUE. NOTICE IS HEREBY GIVEN, that at a regular session of the Commission of the City of Bozeman, held on the 23rd day of September 1970, Commission Resolution No. 1438 was provisionally passed and adop ted; that said Commission Resolution levies and assesses a special assessment of taxes upon all the property in Special Improvement District No. 494, in said City, to defray the cost and ex- pense of constructing and making the improvements within said District. to-wit: Beginning at the southwest corner of Lot five (5) of Block five (5). University Subdivision of City of Bozeman. Montana. said point being the true point of beginning; thence northerly along the west line of said subdivision a distance of 400 feet to the northwest corner of Lot nine (9) of said subdi~ion; thence westerly along the southerly line of said subdivision. also being the southerly line of Lot ten (10), Block five (5) of said subdivision. a distance of 63.25 feet to the Southwest corner of Lot ten (10). Block five (5) of said subdivision; thence northeasterly along the westerly line of said Lot ten (10) a distance of 116.56 feet; thence southeasterly along the lot line of said Lot ten (10) a distance of 25 feet; thence northeasterly along the northwesterly lot lines of a portion of Lot ten (10), and a portion of Lot eleven (11 ) of said Block five (5), a distance of 123.56 feet to the point of curvatures of a curve to the right; thence northeasterly along the northwesterly lines of a portion of Lot eleven (11). twelve (12) and a portion of Lot thirteen (13), Block five (5) on an arc dis- I tance of 235.47 feet; thence easterly along the northerly line of a portion of Lot thirteen (13). fourteen {l4), fifteen (15) and sixteen (16) of said Block five (5). a distance of 269.75 feet to the north- east corner of said Lot sixteen (16); thence southerly along the east- erly line of Lot sixteen (16) of Block five (5) a distance of 109.85 feet to the southeast corner of Lot sixteen (16). Block five (5) of said subdivision; thence southerly across East Cleveland Street a dis- tance of 63.25 feet more or less. to the northeast corner of Lot one (1) Block three (3) of University Subdivision Number Two; thence south- erly along the easterly line of Lots one (1) thru Eleven (11) of Block three (3) of said subdivision a distance of 438.87 feet to the south- east corner of Lot eleven (11) of said Block; thence westerly along the southerly line of Lot eleven (11) of said Block, a distance of 100 feet to the southwest corner of Lot eleven (11) of said Bloc; thence westerly COMMISSION RESOLUTION NO. 1438 ~ - -~._~-- -- 135 across South Montana Avenue a distance of 60 feet to the southeast corner of Lot twelve (12) Block One (1) of said subdivision; thence westerly along the southerly line of Lot twelve (12) of said Block a distance of 100 feet to the southwest corner of Lot twelve (12) of said Block, said corner being common to lots eleven, twelve, thirteen and fourteen (11, 12, 13 and 14) of Block One (1) of said subdivision; thence southerly along the line common to lots thirteen (13) and fourteen (14) of said Block to the southeast corner of Lot I thirteen (13) of said Block, a distance of eighty feet; thence west- erly along the southerly lot line of Lot thirteen (13) of said Block to the southwest corner of Lot thirteen (13) of said Block a distance of 100 feet; thence continuing westerly across South Bozeman Avenue, a distance of sixty feet to the southeast corner of Lot five (5) Block five (5) of University Subdivision; thence continuing westerly a distance of 99.20 feet to the southwest corner of Lot five (5) Block five (5) of said subdivision, said point also being the true point of beginning. That, said Commission Resolution No. 1438 is now on file in the office of the Clerk of the Commission, subject to inspection for a period of five (5) days by any persons interested. That Wednesday the 30th day of September at 1:00 o'clock p.m. of said day at the regular session of the said 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 passage and adoption of said Resolution No. 1438, and the levying of said assessment, and that said Resolution will be finally passed and adopted at said regular session. All persons interested are referred to Commission Resolution No. 1406 declaring it to be the intention of the Commission to create Special Improvement District No. 494, and Commission Resolution No. 1407, creating Special Improvement District No. 494, for constructing and making the improvements therein. Dated the 23rd day of September, 1970. I 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 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 24th day of September, 1970, 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 13th day of October, 1970. ~?:'~1;t~"-~ t;/? ('~;~(,/c;"" 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. 1437 was published by title and number in the Bozeman Daily Chronicle, a newspaper of general I circulation printed and published in said City in the issue of 5 October 1970 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 27th day of October, 1970. {/ ,/f ,./ . ./'. ,'/ ....,,,, j V-'.7:-.;t?~,-:..... c' ,/j',;J ;:1'?;-y Clerk of the City Comwkssion COMMISSION RESOLUTION NO. 1438