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HomeMy WebLinkAboutResolution 1316 Improves SID No. 439 -- - ~~O? COMMISSION RESOLUTION NO. 1316 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. 439 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. 439. I WHEREAS, The City Commission of The City of Bozeman, did on the 3rd day of June 1964, duly and regularly pass Commission Resolution No. 1118, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN 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. 439 FOR THE PURPOSE OF CON- STRUCTING AND INSTALLING EIGHT (8) INCH LATERAL SANITARY SEWERS TO SERVE LOTS I TO 34 INCLUSIVE OF BLOCK "A" AND LOTS 1 THROUGH 17 INCLUSIVE OF BLOCK "B" OF GRAF'S FIRST REARRANGEMENT OF BLOCK 6, KIRK SECOND SUBDIVISION, BOZEMAN, MONTANA, SAID SANITARY SEWER PROJECT TO INCLUDE ALL APPURTENANT WORK, I- CLUDING NECESSARY PIPE LINES, MANHOLES AND OTHER NECESSARY APPURTENANCES. and thereafter, after due and legal proceedings had, ilie Commission of The City of Bozeman did on the 24th day of June, 1964, duly pass Commission Resolution No. 1124, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN CREATING SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 439, OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING EIGHT (8) INCH LATERAL SANITARY SEWERS TO SERVE LOTS I TO 34 INCLUSIVE OF BLOCK "A" AND LOTS 1 THROUGH 17 INCLUSIVE OF BLOCK "B" OF GRAF'S FIRST REARRANGE- MENT OF BLOCK 6, KIRK SECOND SUBDIVISION, BOZEMAN, MONTANA. which Commission Resolution No. 1118 and 1124, 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 I WHEREAS, said improvements as contemplated in said Commission Resolution Nos. 1118 and 1124 have been constructed and completed in accordance with the terms and conditions of Commission Resolution Nos 1118 and 1124, and the total cost of said improvements so constructed is the sum of Sixteen Thousand Two Hundred Fifty Nine and Ol/lOOths ($16,259.01) dollars. NOW, THEREFORE, pursuant to the provisions of Sections 11-2201 to 11-2273 and 11-3301, R.C.M., 191+7 and amendments 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 Special Improvement No. 439, there be, and there is hereby levied and assessed a tax amounting to the sum of Sixteen Thousand Two Hundred Fifty Nine and Ol/lOOths ($16,259.01) dollars upon all the property in said Special Improvement District No. 439 and the estimated assessment of $15,846.71 reported on the 28th day of October 1964 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, I 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 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, COMMISSION RESOLUTION NO. 1316 --....-.. 308 shall be made; that said sums shall be paid and the collection thereof shall be made in the manner and in accordance wi th the aaw govern ing the co llec tion of spec ia 1 improvemen t taxes; tha t fa ilure 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. Section 2. That the regular session of the Commission of The City of Bozeman to be held in I the Commission Chamber in the City Hall of said City on the 1st day of March 1967. at 1:00 dclock 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. 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. 439 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 the day set by the Comm- ission 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 23rd day of February 1967.. ATTEST: ~~1f~~ Mayor I Clerk of the City Co ,sion Finally passed and adopted by the Commission of The City of Bozeman at a regular session thereof held on the 1st day of March 1967. ATTEST: ~~~/e~~ Mayor Clerk of the City Co . sion NOTICE ------ HEARING, FINAL ADOPTION OF COMMISSION RESOLUTION NO. 1316 LEVYING ASSESSMENT SPECIAL IMPROVEMENT DISTRICT NO. 439 CITY OF BOZEMAN, A PORTION OF BLOCK '!B" OF GRAF'S FIRST REARRANGE- MENT OF BLOCK 6, K(RK SECOND SUBDIVISION, BOZEMAN, MONTANA, SANITARY SEWER PROJECT. NOTICE IS HEREBY GIVEN, that at a regular session of the Commission of The City of Bozeman held on the 23rd day of February 1967. Commission Resolutuion No. 1316. 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. 439. in said City to defray the cost of con- structing and making the improvements within said District. to-wit: I Beginning at the northwest corner of Section 12. Township 2 South. Range 5 East, M,P.M., being the northwest corner of said Kirk's Second Subdivision; thence North 890 53' 38" East along the nor- therly line of said Section 12. being the centerline of Durston Road a distance of 490.93 feet; thence South 00025'38" West along the easterly alley line of Block "B" of said Graf's First Re- arrangement of Block 6 of said Kirk's Second Subdivision and said east alley line produced a distance of 1301.77 feet to a point of intersection with the center line of West Beall Street; thence South 89016'07" West along said centerline of West Beall Street and said line extended a distance of 500.49 feet to a point of intersection with the westerly line of said Section 12; thence Commission Resolution No. 1316 ~... ---.-..-...-....- 309 North 00051'38" East along said section line a distance of 1307.40 feet to the point of beginning. Tha t, said Commission Resolution No. 1316 is now in 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 1st day of March 1967, at 1:00 o'clock p.m., of said day at the regular session of I 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 when and 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 Re- solution No. 1316, and the levying of said assessment, and that said Resolution will be finally passed and adopted at said regular meeting. All persons interested are referred to Commission Resolution No. 1118 declaring it to be the intention of the Commission to create Special Improvement District No. 439 and Commission Reso- lution No. 1124, creating Special Improvement District No. 439, for constructing and making the improvemen t s therein. Da ted this 23rd day of Fr'bruary, 1967. .;;~ / %~' Cl~rk of the City commis~ State of Montana ) City of Bozeman : County of Gallatin) .1 I, Erna V. Harding, Clerk of the Commission of the City of Bozeman. do hereby certify that the foregoing Notice was publisehed at length in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City in the issue of the 23rd day of February, 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 8th day of March 1967. ~ ~~~Sion State of Montana ) County of Gallatin: City of Bozeman ) T, Erna V. Harding. Clerk of the Commdssion of the City of Bozeman, do hereby certify that the foregoing resolution No. 1316 was published by title and number in the Bozeman Daily Chronicle. a newspaper of general circulation printed and published in said City in the issue of the 13th day of March, 1967, and due proof of such publication is on file my office. IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my office this 13th day of March, 1967. g~/~~ I Clerk of the City C~ssion Commission Resolution No. 1316