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HomeMy WebLinkAboutResolution 1343 Improves SID No. 469 ---.. 384 COMMISSION RESOLUTION NO. 1343 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. 469 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVE- MENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 469. - WHEREAS, The City Commission of The City of Bozeman, did on the 8th day of June, 1966, duly and regularly pass Commission Resolution No. 1273, entitled: I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, MONTANA, TO CREATE A SPECIAL IM- PROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 469 FOR THE PURPOSE OF (A) CONSTRUCTING AND INSTALLING AN ASPHALTIC-CONCRETE PAVE- HENT, CONCRETE INTREGAL CURBS AND GUTTERS, INCLUDING NECESSARY EXCAVATION AND FI AND FILL, GRAVEL BACKFILL, NECESSARY STREET MONUMENTS AND OTHER APPURTENANT WORK THERETO; CONSTRUCTION AND RECONSTRUCTION OF IRRIGATION DITCHES: PIPE AND INCIDENTAL STRUCTORES APPURTENANT THERETO, INCLUDING NECESSARY EXCAVATION, BACKFILL, CONCRETE HEADWALLS ON NORTH FIFTEENTH AVENUE BETWEEN WEST l'-1AIN (HIGHWAY 191) AND DURSTON ROAD; ON NORTH SIXTEENTH AVENUE BETIJEEN WEST BEALL STREET AND DUP~'rON ROAD AND ON WEST BEALL STREET BE'f\;oJEEN FIFTEENTH AVENUE AND A POINT 150 FEET WESTERLY OR SIXTEENTH AVENUE, AND (B) CONSTRUCTING AND INSTALLING OF STOillI DRAINAGE SYSTEM, INCLUDING NECESSARY PIPE LINES, MAN- HOLES, DRAIN INLETS AND OTHER APPURTENANCES NECESSARY THERETO ON NORTIf FIFTEENTIf AVENUE BETIoJEEN WEST MAIN STREET (HIGHWAY 191) AND DURSTON ROAD; NORTII SIXTEENTH AVENUE, WEST BEALL TO DURSTON ROAD: WEST BEALL STREET FROM NORTH FIFTEENTH AVENUE TO A POINT 700.02 FEET WESTERLY THEREFROH. And thereafter, after due and legal proceedings had, the Commission of The City of Bozeman did on the 29th day of June, 1966, duly pass Commission Resolution No. 1280, entitled: A RESOLUTION OF THE CITY COl'-~IISSION OF THE CITY OF BOZEl'-1AN CREATING A SPECIAL IHPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEHENT DISTRICT NO. !!G9 OF THE CITY OF BOZEMAN FOR TIff PURPOSE OF (A) CONSTRUCTING AND INSTALLING AN ASPHALTIC CONCRETE PAVEl'-tENT, CONCRETE INTREGAl CURBS AND GUTTERS, INCLUDING NECESSARY EXCAVATION AND FILL, GRAVEL BACKFILL, NECESSARY STREET MONUHENTS AND OTHER APPURTENENT HORK THERETO; CONSTRUCTION AND RECONSTRUCTION OF IRRI- GATION DITCHES; PIPE AND INCIDENTAL STRUCTURES APPURTENANT THERETO, CONCRETE HEADWALLS ON NORTH FIFTEENTH AVENUE BETWEEN WEST MAIN (HIWAY 191) AND DURSTON ROAD; ON NORTH SIXTEENTH AVENUE BETWEEN WEST BEALL STREET AND DURSTON ROAD I AND ON WEST BEALL STREET BE'lWEEN FIFTEENTH AVENUE AND A POINT 1.50 FEET HESTERLY OF SIXTEENTH AVENUE, AND (B) CONSTRUCTING AND INSTALLING OF STORM DRAINAGE SYSTEM INCLUDING NECESSARY PIPE LINES, MANHOLES, DRAIN INLETS AND OTHER APPURT~ ENANCES NECESSARY THERETO ON NORTH FIFTEENTH AVENUE BETIoJEEN WEST MAIN STREET (HIGHWAY 191) AND DURSTON ROAD; NORTH SIXTEENTH AVENUE, WEST BE'ALL TO DURSTON ROAD; HEST BEALL STREET FROH NORTH FIFTEENTH AVENUE TO A POINT 700.02 FEET WESTERLY THEREFROM. which Commission Resolution Nos. 1273 and 1280, passed as aforesaid. are hereby referred to and made a part of this resolution for further particulars in respect to the boundaries of said dis- trict, the character of improvement to be constructed therein, the estimated cost of said improve- ments and the method of assessing the cost against the property within said district; and WHEREAS, said improvements as contemplated in said Commission Resolution Nos. 1273 and 1280 have been constructed and completed in accordance with the terms and conditions of Commission Resolution Nos. 1273 and 1280, and the total cost of said improvements so constructed is the sum of One-Hundred Thirty-One Thousand and No/100ths ($131,000.00) dollars; NOW, THEREFORE, pursuant to the provisions of Sections 11-2201 to 11-2273 and 11-330L R.C.M., 1947 and amend~ents thereto. BE IT RESOLVED AND IT IS HEREBY ORDERED BY THE COMMISSION OF THE CITY OF BOZEMAN, STATE OF MONTANA: Sec tion 1. That to defray the cost and expense of constructing and making the improvements in Said Spel:ial ImprovementNo. lj-69 , there be, and there is hereby levied and assessed a tax amounting to the sum of One-Hundred Thirty-One Thousand Dollars and No/100ths ($131,000.00) dollars upon all the property in said Special Improvement District No. 468, and the estimated assessment of None reported XX , hereby abated, and that a particular description of each lot and parcel of land I 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'~", 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 the 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 COMMISSION RESOLUTION NO. 1343 --..............------ .._,,_.n . -..---.---- :385 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 taxe s; that failure to pay such assessments when the same become due and payable shall make such I persons and said lots and parcels of land liable to the penalties provided by law relative to de- linquen t 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 20th day of September, 1967, 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 be heard by said Commission. See tion 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 pub- lished 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. 469 is on file in the office of the Clerk of the Commission Subject to inspection for a period for five (5) days; that said Notice shall state the time and place at which objections will be heard by the Connnission to 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 13th day of September, 1967. Mayor Finally passed and adopted by the Commission of The City of Bozeman at a regular session there- I of held on the 20th day of September, 1967. ATTEST: ~ }-::I Jc~ {/?~ P'rM" - = - Clerk of the City C mission ------- Mayor ------- NOT ICE ------ HEARING, FINAL ADOPTION OF COMMISSION RESOLUTION NO. 1343, LEVYING ASSESSMENT SPECIAL IMPROVEMENT DISTRICT NO. 469, CITY OF BOZEMAN, PAVING NORTH FIFTEENTH AVENUE BETWEEN tyEST MAIN (HIGHWAY) AND DURSTON ROAD; ON NORTH SIXTEENTH AVENUE BETWEEN WEST BEALL STREET AND DURSTON ROAD AND ON WEST BEALL STREET BETWEEN FIFTEENTH AVENUE AND A POINT 150 FEET WESTERLY OF SIXTEENTH AVENUE, AND (B) CONSTRUCTING AND INSTALLING A STORM DRAINAGE SYSTEM THERETO. NOTICE IS HEREBY GIVEN, THAT AT a regular session of the Commission of The City of Bozeman held on the 13th day of September, 1967, Commission Resolution No. 1343 was provisionally passed and adopted; that said Commission Resolution levies and assesses a special assessment of taxes upon all the property in Special Improvement District No. 469, in said Ci ty, to defray the cost and expense of constructing and making the improvements within said District, to -'ifi t : (A) Paving Beginning at the southeasterly corner of Lot I, Cleveland Subdivision of Bozeman, Montana; thence northerly along the easterly line of said Cleveland Addition to the northeasterly corner of Lot 12 of said Addition; thence northerly across West Beall Street to a point on the southerly line of the Northeast one-quarter of the Northwest one-quarter of Section 12, Township 2 South, Range 5 East, M.P.M., 170.3 feet easterly of the centerline of North 15th Avenue; thence continuing northerly parallel to and 170.3 feet distant easterly from the westerly line of the NE1;NHt of said See tion 12 to a point of in tersee tion wi th the northerly line I of said See tion 12; thence westerly along the said northerly line of Section 12; a distance of 700.32 feet to a point; thence South 00025'38" West along the center line of the alley between North 16th and North 17th Avenues and said line extended to a point of intersection with the southerly street line of West Beall Street; thence continuing southerly at right angles to the said southerly street line a distance of 207.72 feet to a point of intersection with the southeasterly line of Block 3 of Kirks Second Subdivision; thence North 66 oLf2 I 49" Eas t a long the sou th- easterly line of said Block 3 a distance of 389.60 feet to a point on said line which is 140.3 feet at right angles from the westerly line of North 15th Avenue; thence southerly parallel to and 140.3 feet distant westerly from the westerly line of North 15th Avenue to a point of intersection with the northerly right of \.Jay line of State Highway 191 as now constructed; thence easterly along the said northerly righ t of \'Yay line of said S ta te Highway 191 to the true point of beginning. Including within the above described exterior boundaries the following lots, blocks, Tracts and parc:les of land, to-wit: \ Commission Resolution No. 13~-3 ---.- ---". -..-. 3R6 Lots 1 thru 12 inclusive. Cleveland Subdivision; Westerly It,0.3 Feet of SL~hool Site SWNE. mJ Section 12; Westerly ILfO.3 feet of unplatted Tract in NW. NE, N1>J of Section 12 (8 tevens Trac t) ; The easterly 500.10 feet of Block 3, Kirks Second Subdivision; All of Blocks 4 and 5 Kirks Second Subdivision Easterly llfO.3 feet of Tract in SW, NW~ Section 12, (West Main Shopping Center); Lots 1 thru 16. Block C, Graf's Second Rearrangement of Block 6 Kirk Second Subdivision. I (B) Storm Drainage System Beginning at the southeasterly corner of the Cleveland Subdivision of Bozeman, Montana; thence westerly along the northerly right of \\Tay line of State Highway 191 as now constructed a distance of 900.15 feet to a point; thence bearing North 00022'37" East along the easterly line of Block 1 of Kirk Second Sub- division and along the westerly line of Block 3 of Kirk Second Subdivision and said line extended a total distance of 1020.68 feet to a point on the northerly line of West Beall Street; thence easterly at a bearing of North 89016'07" East along the northerly line of said West Beall Street a distance of 199.92 feet to the center of the alley between North 16th and 17th Avenues; thence North 00025'38" East along the centerline of said alley and said center- line extended to the point of intersection with the northerly line of Section 12, Township 2 South, Range 5 East, M.P.M.; thence easterly along the northerly line of said Section 12 a distance of 700.32 feet to a point 140.3 feet easterly of the east street line of North 15th Avenue; thence bearing South Oo025'38~ West. parallel to and 140.3 feet distant easterly from the east street line of North 15th Avenue to the northeast corner of the Cleveland Subdivision; thence continuing southerly along the easterly line of said Cleveland Subdivision to the true point of beginning. Containing within the above described exterior boundaries the following lots, block, tract and parcels of land, to-wit: All of lots one thru twelve, Cleveland Subdivision; All of the unplatted tract of land lying in the SW~NWT. of Section 12, West of North 15th Avenue (West Main Shopping Center); All of Blocks, 3. 4, and 5, Kirk Second Subdivision; Lots I thru 16 inclusive of Block C, Graf's Second Rearrangement of Block 6 Ki.rk Second Subdivision; The westerly 140.3 feet of unplatted W~SW~NE~m~~ of Section 12 (School site); I The westerly IlfO.3 feet of unplatted tract in W~NWT.NE~NW~ of Section 12 (Stevens Tract). That, said Commission Resolution No. 1343 is now on file in the office of the Clerk of the Commission. subjec t to inspec Hon for a period of five (5) days by any persons in teres tcd. That Wednesday, the 20th day of September, 1967. 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 Con~ission 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. 1343, 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. 1273 declaring it to be the in- tention of the Commission to Create Special Improvement District No. 4-69 and Commission Resolution No. 1280 creating Special Improvement District No. 469, for constructing and making improvements therein. Dated Wednesday, the 13th day of September, 1967. ommission State of Montana ) County of Gallatin : 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 I the 15th day of September, 1967, 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 21st day of November, 1967. --~ /-;;:;~ t:-,--n G;?. ;;;;-;a C'~ Clerk of the City Com~ssion State of Montana ) County of Gallatin: City of Bozeman ) I. Erna V. Harding, Clerk of the Commission of the City of Bozeman do hereby Certify that the foregoing Resolution No. 13l,1 was published by ti tIe and number in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City in the issue of September 22, 1967, and due proof of such publication is on file in my office. IN WITNESS \~HEREOF I hereunto set my hand and affix the corporate seal of my hand and affix the corporate seal of my office this 21st day of Nov~mber. 1967. .C/ Y I.<?I:~ ~> C7Z-/...... -:-' . R a- . c~ ____ Gl~I.k_()f Lb.. 1Ly_QII. ,b~~~lI