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HomeMy WebLinkAboutResolution 1302 Improvements on SID No. 463 281 COMMISSION RESOLUTION NO. 1302 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 DIS- TRIcT NO. 463 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 I DISTRICT NO. 463. ~1EREAS, The City Commission of The City of Bozeman,did on the 2nd day of March 1966, duly and regularly pass COIDll1ission Resolution No. 1252, entitled: 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 IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 463 FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING AN ASPHALTIC CONCRETE PAVEMENT CONCRETE INTREGAL CURB AND GUTTERS, NECESSARY EXCAVATION AND FILL, GRAVEL BACKFILL NECESSARY STREET MONUMENTS AND OTHER APPURTENANT WORK THERETO, ALSO THE CONSTRUCTION AND INSTALLATION OF STORM DRAINAGE PIPE, INCLUDING NECESSARY TRENCH EXCAVATION AND BACKFILL, INLETS, MAN-HOLES AND OTHER NECESSARY APPURTENANT STRUCTURES, ON SOUTH TRACY AVENUE, ARUTTI NG ON LOTS 2 0 F BLOCK 4 AND LOTS 5 0 F BLOCK 3, HILL STREET FROM SOUTH THIRD AVENUE EASTERLY TO HIGHLAND COURT, AND ON HIGHLAND COURT ABUTTING ON LOT 2 OF BLOCK 5, LOT 8 OF BLOCK 2, ALL IN THOMPSON'S ADDITION NUMBER 3 TO THE CITY OF BOZEMAN, MONTANA. and thereafter, after due and legal proceedings had, the Commission of The City of Bozeman did on the 23rd day of March, 1906, duly pass Commission Resolution No. 1256, 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. 463 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING AN ASPHALTIC CONCRETE PAVING PROJECT WITH CONCRETE INTREGAL CURB AND GUTTERS, NECESSARY EXCAVATION AND FILL, GRAVEL BACKFILL, NECESSARY STREET MONUMENTS AND OTHER APPURTENANT WORK THERETO, ALSO Tf{E CONSTRUCTION AND INSTALLATION OF STORM DRAIN.=- AGE PIPE, INCLUDING NECESSARY TRENCH EXCAVATION AND BACKFILL, INLETS, MAN-HOLES AND OTI1ER NECESSARY APPURTENANT STRUCTURES, ON SOUTH TRACY AVENUE ABUTTING ON LOT 2 OF BLOCK 4 AND LOT 5 OF BLOCK 3, HILL STREET FROM SOUTH THIRD AVENUE I EASTERLY TO HIGHLAND COURT, AND ON HIGHLAND COURT ABUTTING ON LOT 2 OF BLOCK 5, LOT 8 OF BLOCK 2, ALL IN THOMPSON'S ADDITION NUMBER 3 TO THE CITY OF BOZEMAN, MONTANA. which Commission Resolution Nos. 1252 and 1256, 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. 1252 and 1256 have been constructed and completed in accordance with the terms and conditions of Commission Resolution Nos. 1252 and 1256, and the total cost of said improvements so constructed is the sum of Seventy-Eight Thousand Eight-Hundred Twenty-Six and 80/100ths. ($78,826.80) / NOW, THEREFORE, pursuant to the provisions of Sections 11-2201 to 11-2273 and 11-330k, R.C.M., 1947 and amendments thereto. BE IT RESOLVED AND IT IS HEREBY ORDERED BY THE COMMISSION OF THE CITY OF BOZEMAN, STATE OF MONTANA: Section 1. That to defray the cost and expense of constructing and making the improvements in said Special Improvement No. LIf)3, there be, and there is hereby levied and assessed a tax ~1ounting to the sum of Seventy-Eight Thousand Eight-Hundred Twenty-Six and 80/100ths. ($78,826.80) upon all I the property in said Special Improvement District No. 463, 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 If A", and madp a part hereof, that the several sums set opposite the names of the owners and the described lots and parcelts 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 expensf' of constructing and making the COMMTSSTON RESOLUTION NO. 1302 282 improvements within said district: that the several sums so assesserl be collected from the respective owners of said lots and parcels of land described in saieI assessment list, Schedule "A" as required by law; that the payment of said sums sha 11 be maoe in 20 i.ns tallmen ts and the payment of said in- stallment shall extend over a period of 19 years: that the payment of thf> respective annual install- ment shall be made on or before the 30th day of November of each year until j)ayment of all install- ments together with the interest thereon, shall be made; that said sums shall be paid and the I 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 sha~l 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 the Comn1ission Chamber in the City Hall of said City on the 5th day of October, 1966, 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. Section 3. That the Clerk of the Commission of The City df 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 stati.ng that a Resolution levying and assessing a special assessment of taxes to defray the cost and expense of constructing and making the imj)rovements in the said Special Improvement District No. 463 is on file in the office of the Clerk of the Commission subject to inspection for a j)eriod of five (5) days; that said Notice shall state the time and place at which objections Hill be heard by the Commission to the Hnal adoption of this Resolution; that it shall he published at least five (5) days before the day set by the I 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 28th day of September 1966. ATTEST: Mayor ~{~~ Clerk of th . Ci ty Coml ission Finally passed and adopted by the Commission of the City of Bozeman at a regular session thereof held on the 5th day of October, 1966. Mayor NOT ICE ----~-- HEARING FINAL ADOPTION OF COMMISSION RESOLUTION NO. 1302, LEVYING ASSESSMENT SPECIAL IMPROVEMENT DISTRICT NO. 463, CITY OF BOZEMAN, FOR THE PURPOSE OF PAVEMENT CONSTRUCTION AND INSTALLATION OF STORM DRAINAGE PIPE ON SOUTH TRACY AVENUE, HILL STREET FROM SOUTH THIRD AVENUE EASTERLY TO I HIGHLAND COURT, ALL IN THOMPSONS ADDITION. NOTICE IS HEREBY GIVEN, that at a regular session of the Commission of the City of Bozeman held on the 28th Day of September, 1966, Commission Resolution No. 1302 was provisionally passed and adopted; that said Commission Resolution levies and asseSSes a special ass~ment of taxes upon all the property in Special Improvement District No. 463 in said City, to defray the cost and expenses of constructing and making the improvements Hithin the said District, to-wit: Beginning at a point on the southerly line of Thompson's Addition Number 3 to Bozeman, Montana, said point being the southwesterly corner of Lot 7 of Riock 2 and the southeasterly corner of Lot 8 of Block 2 of said Thompson's Addition; thence North 7021' East along the westerly lot COMMISSION RESOLUTION NO. 1302 283 lines of {~, 5, G, and 7 of said Block 2 a distance of 382.16 feet; thence North 12033' East along the westerly lines of Lots 2, 3, and 4 of said Block 2, a distance of 179.77 feet; thence North 16010' East along the westerly lines of Lots 1 and 2 of said Block 2, across Highland Court and parallel to and 49.25 feet westerly from the westerly lot line of Lot 4 of Block 3 a distance of 373.0 feet to a point of intersection with the southerly lot line of Lot 2 of said Block 3; thence North 73?50' West along the southerly lines of Lots I and 2 of said Block 3 a distance of 61.26 feet to the southwesterly corner of said Lot 1; thence North 30020'10" West along the westerly line of said Lot 1 across South Tracy Avenue (formerly Spring Creek Drive) and parallel to and 20.22 feet distant westerly from the westerly I line of Lot 1 of Block 4, a distance of 320.03 feet to a point of intersection with the northwesterly line of Lot 2, of said Block 4; thence South 59039'50" West along the north- ,,.,esterly line of said Lot 2 a distance of 88LI.{1"0 feet to the northwesterly corner of said Lot 2; thence continuing South S9039'5~! West to a point of intersection with the centerline of South Third Avenue, being the westerly line of said Thompson's Addition Number 3; thence south 00001' East along the centerline of South Third Avenue to a point on said line which lies 138 feet southerly of the point of intersection of said centerline of South Third Avenue and the centerline of Hill Street; thence in an easterly direction parallel to and 105 feet distant southerly from the southerly line of Hill Street to a point 136.36 feet westerly of the westerly line of Highland Court; thence southerly parallel to and 136.36 feet distant westerly from the westerly line of Highland Court being on a bearing of South 7021' West a distance of 337.12 feet to a point on the southerly line of said Thompson's Addition Number 3; thence South 89024' East along said southerly boundary of said Thompson's Addi~ tion a distance of 355.60 feet to the point of beginning. Including ':1 thin the above described exterior boundaries the following Lots, Block and parcels of land, to~wit: All of Lot 8 of Block 2; all of Lot 5 of Block 3, excepting the easterly 49.25 x 140 feet; all of Lot 2 of Block 4 excepting the northeasterly 20.22 x 110 feet; a portion of Lot 1 and a portion of Lot 2 of Block 5, all in Thompson's Addi~ tion Number 3 to the City of Bozeman, Montana. That, said Commission Resolution No. 1302 is now on file in the office of the Clerk of the City Comn1ission, subject to inspection for a period of five (5) days by any persons interested. That Wednesday, the 5th day of October 1966, at 1:00 o'clock P.M., of said day at a 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 ~hen and where the said Commission will hear and I pass upon any and all objections that may be made to the final passage and adoption of said Resolution No. 1302, 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. 1252 declaring it to be the intention of the Commission to create Special Improvement District No. lf63 and Commission Resolution No. 1256, creating Special Improvement District No. 463, for constructing and making the improvements therein. Dated this 28th Day of September 1966. ~ ~~ l~he . ity Carom ssion 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 in length in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City in the issue of the 29th day of September, 1966, 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 28th day of October 1966. C;;~ /~~ Clerk of the (City Commission I s tate 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. 1302 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 6th day of October, 1966, and due proof of such publication is on file in my office. IN '-'JITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my office this 28th day of October 1966. ~/~ Clerk of the .,ity Co . on COMHISSION RESOLUTION NO. 1302 -.-