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HomeMy WebLinkAboutResolution 1225 Improvements on SID on 447 ~J7 COMMISSION RESOLUTION NO. 1225 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. 447 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. I 447. WHEREAS, The City Commission of the City of Bozeman, did on the 25th day of November 1964, duly andregulaly pass Commission Resolution No. 1160, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN DECLARING IT TO BE THE INTEN- TION OF THE CITY OF BOZEMAN, MONTANA, TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NUMBER 447 FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING AN ASPHALTIC CONCRETE PAVEMENT, CONCRETE INTREGAL CURB AND GUTTERS, NECESSARY EXCAVATION, GRAVEL BACKFILL AND OTHER APPURTENANT WORK THERETO, ALSO THE CONSTRUCTION AND INSTALLATION OF STORM DRAINAGE PIPE, INCLUDING NECESSARY TRENCH EXCAVATION AND BACKFILL, INLETS, MANHOLES AND OTHER NECESSARY APPURTENANT STRUCTURES, ON GREEK WAY, PORTION OF KAGY BOULEVARD AND ON A PORTION OF THIRD AVENUE SOUTH BETWEEN WEST LINCOLN STREET AND KAGY BOULEVARD. and thereafter, after due and legal proceedings had, the Commission of The City of Bozeman did on the 23rd day of December, 1964, duly pass Commission Resolution No. 1169, 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. 447 .OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING A PAVEMENT PROJECT ON GREEK WAY, PORTION OF KAGY BOULEVARD AND ON A PORTION OF THIRD AVENUE SOUTH BETWEEN WEST LINCOLN STREET AND KAGY BOUlEVARD. which Commission Resolution Nos. 1160 and 1169 passed as aforesaid, are hereby referred to and made a part of this resolution for further par.ticulars 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 I district; and WHEREAS, said improvements as contemplated in said Commission Resolution Nos. 1160 and 1169 have been constructed and completed in accordance with the terms and conditions of Commission Resolutions Nos. 1160 and 1169, and the total cost of said improvements so constructed is the sum of Eighty-Seven Thousand Dollars & NO/lOOts ($87,000.00) 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 THE CITY OF BOZEMAN, STATE OF MONTANA: Section 1. That to defray the cost and expense of constructing and making the improve- ments in said Special Improvement No. 447, there be, and there is hereby levied and assessed a tax amounting to the sum of Eighty-Seven Thousand Dollars & NO/lOOts ($87,000.00) upon all the property in said Special Improvement District No. 447, 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 payments to be made and the day when the same shall be delinquent is set forth in detail in the assessment list hereto attached, marked I Schedule nAn, 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 COMMISSION RESOLUTION NO. 1225 -- 38 sums so assessed be collected from the respective owners of said lots and parcels of land described in said assessment list, Schedule nA", as reouired 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 installments shall be made on or before the 30th day of November of each year until payment of all I 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 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. 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 8th day of September 1965, 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 of Bozeman be, and he 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. 447 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 I 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 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 1st day of September 1965. Attest: .- (;::;" (":~ ". ? / . {;.' ~ " f::)/c:.;-z ?<.-/ ./. c:z~ ck<>iI'y Clerk of the City CommisSlon Finally passed and adopted by the Commission session thereof held on the 8th day of September 1965. Attest: I COMMISSION RESOLUTION NO. 1225 -,,- - -,_. - :J9 NQT.lf..~ HEARING FINAL ADOPTION OF COMMISSION RESOLUTION 1225, LEVYING ASSESSMENT SPECIAL IMPROVEMENT DISTRICT NO. 447, CITY OF BOZEMAN, PAVING AND INSTALL- ATION OF STORM DRAINAGE SYSTEM TO SERVE THE AREA ON GREEK WAY, PORTION OF KAGY BOULEVARD AND ON A PORTION OF THIRD AVENUE SOUTH BETWEEN WEST LINCOLN STREET AND KAGY BOULEVARD. I NOTICE IS HEREBY GIVEN, that at a regular sesSion of the Commission of the City of Bozeman held on the 1st day of September, 1965, Commission Resolution No. 1225 was provisionally passed and adopted; that said Commission Resolution levies and assesses a special assess- ment of taxes upon all the property in Special Improvement District No. 447, in said City to defray the cost and expense of constructing and making the improvements within said District, to-wit: The boundaries of said Special Improvement District No. 447 are described as follows: Beginning at the East one-sixteenth corner of the Southeast I'uarter os Section 13, Township 2 South, Range 5 East, Montana Principal Meridian, said corner being the southeasterly corner of Greek Way Subdivision to Bozeman, Montana; thence South 89- 14.4' West along the southerly boundary of said subdivision a distance of 611.0 feet to the southwesterly corner of said subdivision; thence northwesterly along a curve to the right of 741.8 feet in radius, being along the westerly line of said sub-division a distance of 361.7 feet to a point of tangency; thence North 27- 47.1' west a distance of 156.9 feet; thence North 42. 00.3' East a distance of 744.1... feet; thence East along the northerly line of sa,id Greek Way Subdivision a distance of 135 feet; thence northerly parallel to and 145 feet westerly dis- tant from the centerline of South Third Avenue to a point of intersection with the southerly lot line of Lot 16, Block 49, Capitol Hill Addition to Bozeman, Montana, being also the northerly line of Lincoln Street; thence easterly along the southerly line of said lot 16, across South Third Avenue and along the northerly line of said Lincoln Street to a point 100 feet easterly of the easterly line of South Third Avenue; thence southerly parallel to and 100 feet distant easterly from said easterly line of South Third Avenue, across Lincoln Street and lots 1,2,3, I and 4 of Block 1, Thompson's First Addition, to a point of intersection with the easterly lot line of Lot 4 of said Block 1; thence southwesterly along said easterly line of said lot 4 a distace of 20.45 feet to the southeasterly corner of said Lot 4; thence southeasterly along the easterly line of Lot 5 of said Block 1 a distance of 13.03 feet; thence southerly parallel to and 100 feet distant easterly from the easterly line of South Third Avenue, across Lot 5 of said Block 1, across South Grand Avenue and along the easterly line of Lot 8 of Block 2 of said Thompson's Addition and across Lots 4, 3, 2 and 1 of Milwaukee Addition and across the Chicago, Milwaukee, St. Paul and Pacific Railroad right- of_way to a point of intersection with the northwesterly line of Thompson's Second Addition, being common with the southeasterly line of said railroad right-of-way; thence southwesterly along the said right-of-way line to the northerly corner of lot 13, Block 1 of said Thompson's Second Addition, thence South 59- 44' East along the northeasterly lot line of said Lot 13 a distance of 109.55 feet; thence southerly parallel to and 100 feet distant, easterly from the easterly line of South Third Avenue to a point of intersection with the southeasterly lot line of said Lot 13, being on a curve; thence southwesterly along said curved property line tq tRe southwesterly corner of said Lot 13; thence southerly along the easterly line of South Third Avenue extended, to a point of intersection with the centerline of Kagy Boulevard; thence Westerly along the centerline of said ~agy Boulevard to the point of beginning. Including within the above described exterior boundaries the following lots, Blocks and parcels of land. Lots 1, 2, 3, 4, 5, 6, 7, 8, and 9 of Greek Way Sub-division; Portions of Lots 1, 2, 3, 4, and 5 of Block 1 and all of Lot 8 Block 2 of Thompson's Addition; portions of Lots 1, 2, 3, and 4 of Milwaukee Addition; portion of Lot 13 of Thompson's Addition NwnQer Two; portion ,of Montana State College Campus; NEksE~ of Section 13, T25, R5E, lying West of South Third Avenue. I That, said Commission Resolution No. 1225 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 inter- ested. That Wednesday the 8th day of September, 1965, 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. 1225 and the levying of said assess- ment, and that said Reeolution will be finally passed and adopted at said regular session. All persons interested are referred to Commission Resolution No. 1160, declaring it to be the intention of the Commission to create Sprcia1 Improvement District No. 447, and Commission Resolution No. 1169 creating Special Improvement District No. 447, for construct- ing and making the improvements therein. Dated September 1, 1965. Clerk of the City Commission ... - 40 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 I. certify that the foregoing Notice was published at length in the Bozeman Daily Chronicle, a newspaper of general circulati.on printed and published in said City in the issue of the 2nd day of Sept. , 1965, 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 October, 1965. ---------- 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. 1225, 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 September, 1965, 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 21st day of October, 1965. I> I Commission Resolution No. 1225