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HomeMy WebLinkAboutResolution 1229 Improvements on SID No. 451 57 COMMISSION RESOLUTION NO. 1229 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. 451 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STM'E OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID I SPECIAL IMPROVEMENT DISTRICT NO. 451. WHEREAS, The City Commission of The City of Bozeman, did on the 23rd day of December 1964, duly and regulaiy pass Commission Resolution No. 1165; 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. 451 FOR THE PURPOSE OF THE CONSTRUCTION AND INSTALLATION OF PAVING AND INTRE- GAL CONCRETE CURBS AND GUTTERS, NECESSARY EXCAVATION, GRAVEL BACKFILL AND OTHER APPURTENANT WORK THERETO ON SOUTH BOZEMAN A VENUE BETWEEN EAST GARFIELD STREET AND EAST LINCOLN STREET, A PORTION OF EAST GARFIELD STREET FROM THE EASTERLY LINE OF SOUTH BLACK AVENUE AND A POINT 100 FEET EAST- ERLY OF THE EASTERLY LINE OF SOUTH BOZEMAN STREET AND A PORTION OF EAST LINCOLN STREET FROM THE EASTERLY LINE OF SOUTH BLACK A VENUE TO A POINT 100 FEET EASTERLY OF THE EASTERLY LINE OF SOUTH BOZEMAN A VENUE. and therea,fter, after due and legal proceedings had, the Commission of The City of Bozeman did on the 20th day of Jaunary, 1965, duly pass Commission Resolution No. 1175, 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. 451 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALL- ING A PAVEMENT PROJECT ON SOUTH BOZEMAN AVENUE BETWEEN EAST GARFIELD STREET AND EAST LINCOLN STREET, A PORTION OF EAST GARFIELD STREET FROM THE EAST- ERLY LINE OF SOUTH BLACK A VENUE AND A POINT 100 FEET EASTERLY OF THE EASTERLY LINE OF SOUTH BOZEMAN STREET AND A PORTION OF EAST LINCOLN STREET FROM THE EASTERLY LINE OF SOUTH BLACK A VENUE TO A POINT 100 FEET EASTERLY OF THE EASTERLY LINE OF SOUTH BOZEMAN A VENUE. I which Commission Resolution Nos. 1165 and 1175, passed as aforesa,id, 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. 1165 and 1175 have been constructed and completed in accordance with the terms and conditions of Commission Resolutions Nos. 1165 and 1175, and the total cost of said improvements so constructed is the sum of Thirty-Five Thousand Dollars & No/lOOfs ($35,000.00) 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 improvements in said Special Improvement No. 451, there be, and there is hereby levied and assessed a tax amounting to the sum of Thirty-Five Thousand Dollars & No/lOOfS. ($35,000.00) .1 upon all the property in said Special Improvement District No. 451, that a particular des- cription 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 Schedule "A", and made a part hereof; that the several sums set opposite COMMISSION RESOLUTION NO. 1229 -.". 58 the names of the owners and the described lots a.nd parcels of land be, and the same are hereby respectively levied and assessed upon and against said described lots and par- cels 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 a.ssessment list, Schedule "A" I 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 installments shall be made on or before the 30th day of November of each year until pa.yment 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 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 15th day of September 1965, at 1:00 o'clock, 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 I 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. 451 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 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 reg- ular session thereof held on the 8th day of September 1965. Attest: (? . ~ 0~-PUr-< I/~~ Clerk of the City Co . ion Finally passed and adopted by the Commission of session thereof held on the 15th day of September 1965. I Attest: 1tLc,~, , ?~ tI~~ rJ~ Clerk of the City Co . sion Mayor OOMMISSION RESOLUTION NO. 1229 ..- 5~} NQ!lQ.~ HEARING, FINAL ADOPTION OF COMMISSION RESOLUTION NO. 1229, LEVYING ASSESSMENT SPECIAL IMPROVEMENT DISTRICT NO. 451, CITY OF BOZEMAN PAVING ON SOUTH BOZEMAN AVENUE BET'WEEN EAST GARFIELD STREET AND EAST LINCOLN STREET NOTICE IS HEREBY GIVEN, that at a regular session of the Commission of the City I of Bozeman held on the 8th day of September 1965, Conunission Resolution No. 1229 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. 451, in said City, to defray the cost and expense of constructing and making the improvments within said District, to-wit: The boundaries of said Special Improvement District No. 451 are described as follows: Beginning at the northeasterly corner of Lot 1 of Block 1 of Univer- sity Subdivision Number 3 to Bozeman, Montana; thence southerly along the easterly line of said Lot 1 a distance of 100 feet; thence west- erly parallel to and 100 feet southerly distant from the southerly line of East Lincoln Street to the easterly line of South Black Avenue; thence northerly along the easterly line of South Black Avenue a distance of 260 feet; thence easterly parallel to and 100 feet northerly distant from the northerly line of East Lincoln Street, a distance of 100 feet to the westerly line of Lot 41 of Block 4 of University Subdivision to Bozeman, Montana; thence northerly along the westerly lines of Lots 14 through 23 of said Block 4 to a point on said westerly line of said Lot 23, 100 feet southerly from the southerly line of East Garfield street; thence westerly parallel to and 100 feet distant southerly from the southerly line of said East Garfield Street a distance of 100 feet to the easterly line of South Black Avenue, thence northerly along the easterly line of said South Black A enue a distance of 260 feet; I thence easterly parallel to and lOO"feet northerly from the north- erly line of said East Garfield Street through Lots 3 and 6 of Block 5 of University Subdivision, across South Bozeman Avenue to a point 100 feet easterly of the easterly line of South Bozeman Avenue; thence southerly parallel to and 100 feet easterly of the easterly line of South Bozeman Avenue a distance of 160 feet to the northeasterly corner of Lot 1 of Block 2, University Subdivision Number 3; thence southerly along the easterly line of said University Subdivision Number 3 to the northeasterly corner of Lot 1 of Block 1 of said University Subdivision being the true point of beginning. Containing within the above described exterior boundaries the fOllowing Lots, Blocks and Parcels of land, to-wit: Portion of Lot 1, Block 1, University Subdivision Number 3; all of Lots 1 through 12 inclusive of Block 2, Univer- sity Subdivision Number 3; portions of Lots 1, 2, and 3 of Block 3, University Subdivision; all of Lot 1; portions of Lots 2 and 11; all of lots 12 to 24 incl~sive of Block 4, University Subdivision; portions of Lots 3 and 6 and all of Lots 4 and 5 of Block 5, University Subdivision; portion of the unplatted part of the northwest Quarter of Section IB, Township 2 South, Range 6 East, M.P.M. That, said Commission Resolution No. 1229, 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 15th day of September, 1965, at 1:00 o'clock I 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. 1229, and the levying of said assessment, and that said Resolution will be finally passed and adopted at said regular session. COMMISSION RESOLUTION NO. 1229 -,.-.'. 60 All persons interested are referred to Commission Resolution No. 1165, declaring it to be the intention of the Commission to create Special Improvement District No. 451, and Commission Resolution No. 1175 creating Special Improvement District No. 451, for constructing and making the improvements therein. Dated September 8, 1965. ....... I ~? .II~ ~ . eA Clerk of the ity Comm sion ----------- State of Montana ) County of Gallatin ) 55. 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 10th day of September, 1965, and due proof of such public~tion 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 27th day of October, 1965. L~~ jJ ~~ Clerk of the City C ission State of Montana ) County of Gallatin ) ss. City of Bozeman ) I- I, Erna V. Harding, Clerk of the Commission of The City of Bozeman do hereby certify that the foregoing Resolution No. 1229 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 20th 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 27th day of October, 1965. t'~,t1.~~ Clerk of the City C ission I