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HomeMy WebLinkAboutResolution 1230 Improvements on SID No. 452 61: COMMISSION RESOLUTION NO. 1230 A RESOLUTION OF THE OOMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 452 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. 452 WHEREAS, The City Commission of The City of Bozeman, did on the 27th day of Janu8FY 1965, I duly and regularly pass Commission Resolution No. 1176, entitled: A RESOLUTION OF THE CITY COM- MISSION 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. 452 FOR THE PURPOSE OF THE CONSTRUCTION AND RECONSTRUCTING OF AN ASPHALTIC PAVEMENT ON MAIN STREET BETWEEN WHE WESTERLY STREET LINE OF WALLACE AVENUE AND THE WESTERLY STREET LINE OF EIGHTH AVENUE SOUTH, AND ON SEVENTH AVENUE NORTH BETWEEN THE NORTHERLY LINE OF MAIN STREET TO THE NORTHERLY LINE OF QAK STREET, SAID PAVEMENT PROJECT TO INCLUDE CONCRETE INTREGAL TYPE CURBS AND GUTTERS INSTALLATION AND READJUSTMENT OF STORM DRAINAGE AND APPURTENANCES, INSTALLATION AND READJUSTMENT OF TRAFFIC SIGNALS, ADJUSTMENT OF CITY OWNED UTILITIES AND ANY APPURTENANCES THERETO AND ANY OTHER INCIDENTALS NECESSARY THERETO. and thereafter, after due and legal proceedings had, the 60mmission of The City of Bozeman did on the 24th day of February, 1965, duly pass Commission Resolution No. 1184, 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. 452 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF THE CONSTRUCTION AND RECONSTRUCTION OF A PAVEMENT PROJECT ON MAIN STREET BETWEEN THE WESTERLY STREET LINE OF WALLACE AVENUE AND THE WESTERLY STREET LINE OF EIGHTH AVENUE SOUTH, AND ON SEVENTH AVENUE NORTH BETWEEN THE NORTHERLY LINE OF MAIN STREET TO THE NORTHERLY LINE OF OAK STREET. which Commission Resolution Nos. 1176 and 1184 passed as aforesaid, are hereby referred to and made a part of this resolution f()r further particulars in respect to the boundaries of said dis- trict, 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. 1176 and 1184 "I have been constructed and accordance with the terms and conditions of Commission Resolutions Nos. 1176 and 1184, and the total cost of said improvements so constructed is the sum of $185,000.00) One-Hundred Eighty Five Thousand Dollars and No/IOO's. NOW, THEREFORE, pursuant to the provisions of Sections 11-2201 to 11-2273 and 11-3301, R.C.M., 1947 and amendments the~o 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. 452, there be, and there is hereby levied and assessed a tax amounting to the sum of One-Hundred Eighty-Five Thousand Dollars and No/lOO's. ($185,000.00) upon all the property is said Special Improvement District No. 452, 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 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, and the same are hereby respectively levied and I 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 assess- ment list, Schedule "A", 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 payment of all installments together with the interest thereon, shall COMMISSION RESOLUTION NO. 1230 62 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 I in the Commission Chamber in the City Hall of said city on the 15th 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 Cownission 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. 452 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 publish- ed 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 py the Commission of The City of Bozeman at a regular session thereof held on the 8th day of September 1965. I Attest: C Finally passed and adopted by the Commission of The City of Bozeman at a regular session thereof held on the 15th day of September 1965. Attest: p d~ ~ c:)~. . ~. . _ Clerk of the Clty Comm" ion --------------------- NQ!If.!? HEARING, FINAL ADOPrION OF COMMISSION RESOLUTION NO. 1?30, LEVYING ASSESS- MENT SPECIAL IMPROVMEENT DISTRICT NO. 452, CITY OF BOZEMAN, PAVING ON MAIN STREET BETWEEN THE WESTERLY STREET LINE OF WALLACE A VENUE AND THE WESTERLY STREET LINE OF EIGHTH AVENUE SOUTH, AND ON SEVENTH AVENUE NORTH BETWEEN THE NORTHERLY LINE OF MAIN STREET TO THE NORTHERLY LINE OF OAK STREET. NOTICE IS HEREBY GIVEN, THAT at a regular session of the Commission of the City of Bozeman held on the 8th day of September, 1965, Commission Resolution No. 1230 was provisionally passed and I adopted; that said Commission Resolution levies and assesses a special assessment of taxes upon all the property in Special Improvement District No. 452., in said City, to defray the cost and expense of constructing and making the improvements within said District, to-wit; COMMISSION RESOLUTION NO. 12.30 ..- H3 Beginning at the southeasterly corner of Block E of Rouse's Addition to Bozeman, Montana; thence northerly along the easterly line of said Block E a distance of 150 feet to the northeasterly corner of Lot 1 of said Block E; thence westerly along the southerly alley line of said Block E, being northerly lines of Lots 1 thru 14, to the northwesterly corner of said Lot 14 of saidBlock E; thence westerly across North Church Avenue to the northeasterly corner of Lot 1 of Block F of saidRouse's Addition; then continuing westerly along the southerly line of the alley of said Block F to the northwesterly corner of Lot 14 of said I Block F; thence across North Rouse Avenue to the northeasterly corner of Lot 19 of Block D, Original Townsite of Bozeman, Montana; thence westerly along the southerly alley line of said Block D, across Bozeman Avenue North and along the southerly alley line of Block E of said Original Townsite, across Black Avenue North and along the southerly alley line of Block F to the northwesterly corner of Lot 1 of said Block F; thence westerly across Tracy Avenue North to the northeasterly corner of Lot 2 of Block A of Tracy's Addition to Bozeman, Montana; thence weste rly along the southerly alley line of Block A, across Willson Avenue Nort'h, and along the southerly alley line of Block B, across Grand Avenue North and along the southerly alley line of Block C to the north- westerly corner of Lot 10 of said Block C; thence westerly across Third Avenue North to the northeasterly corner of Lot 1 Block D of said Tracy's First Addition, thence westerly along the northerly lines of Lots 1 thru 21 of said Block D and across Fifth Avenue North and along the southerly alley line of Block E of said Tracy's First Addition to a point, said point being the northeasterly corner of Lot 20 of Block E of said Tracy's First Addition; thence northerly across the alley of sa.id Block E to the southeasterly corner of Lot 29 of said Block E; thence northerly along the easterly line of said Lot 29 to the north- easterly corner of said Lot 29; thence northerly across Mendenhall Street to southeasterly corner of Lot 20 of Block E of Tracy's Second Addition to Bozeman, Montana; thence northerly along the easterly line of said Lot 20 to the north- easterly corner of said Lot 20; thence across the alley of said Block E to the southeasterly corner of Lot 23 of said Block E; thence northerly along the easterly line of said Lot 23 to the northeasterly corner of said Lot 23; thence northerly across Lamme Street to the southeasterly corner of Lot 20 of Block E of Tracy's Third Addition; thence northerly along the easterly line of said Lot 20 to the northeasterly corner of said Lot 20; thence northerly parallel to and 28 feet distant easterly from the easterly line of North Seventh (7th) Avenue across Lots 22 and 26 of said Block E a distance of 56.15 feet to the southerly line of West Beall Street; thence northeasterly across West Beall Street to a point on the northerly line of West Beall Street, said point being 75 feet easterly of the easterly line of North Seventh Avenue; thence northerly I parallel to and 75 feet distant easterly from the easterly line of North Seventh Avenue to the southerly line of West Villard Street; thence northeasterly across West Villard Street to the southeasterly corner of Lot 10 of Block 3 of The Violett Addition to Bozeman, Montana; thence northerly along the west- erly alley line of said Block 3 across West Short Street and along the easterly lines of Lots Seven (7) thru twelve (12) inclusive, of Block 2 of said Violett Addition to the southerly line of Durston Road; thence northeasterly across Durston Road to a point on the northerly line of said Durston Road 187 feet easterly of the easterly line of North Seventh Avenue; thence continuing northerly, parallel to and 187 feet easterly of said easterly line of North Seventh Avenue to the southeasterly corner of Lot 9 of Block 1 of North Seventh Addition to Bozeman, Montana; thence northerly along the easterly lot lines of Lots 1 thru 9 of said Block 1 to the northeasterly corner of said Lot 1; thence across West Aspen Street to the southeasterly corner of Lot 5 of Block 2 of said North Seventh Addition; thence northerly along the westerly alley line of the north-south alley of said Block 2 to the northeasterly corner of Lot 1 of said Block 2; thence northerly across West Tamarack Street, to the southeasterly corner of Lot 5 of Block J of said North Seventh Addition; thence northerly along the westerly alley line of the north-south alley of said Block 3 to the northeasterly corner of Lot 1 of said Block 3; thence northerly across West Juniper Street to the southeasterly corner of Lot 5 of Block 4 of said North Seventh Addition; thence northerly along the westerly alley line of the north-south alley of said Block 4 to the north- ea.sterly corner of Lot 1 of said Block 4; thence across HemloCk Street to the southeasterly corner of Lot 5 of Block 2 of Westlake's Second Subdivision of Bozeman, Montana; thence northerly along the easterly line of said Westlake's Second Subdivision to the northeasterly corner of said subdivision; thence North B9009.4' West along the northerly line of said Westlake's Second Sub- division a. distance of 137.0 feet to the easterly right of way line of U.S. Highway No. 10 as now constructed; thence southerly at right angles a distance of 30 feet to the centerline of West Oak Street; thence westerly along the I centerline of said West Oak Street, and across North Seventh Avenue a distance of 310.01 feet; thence southerly across the southerly one-half of West Oak street to the northwesterly corner of Lot 14 of Block 1 of Royal Vista Addition to Bozeman, Montana; thence southerly along the easterly alley line of the alley of said Block 1 to the southwesterly corner of Lot 9 of said Block 1; thence southerly across West Birch Street to the northwesterly corner of Lot 1 of Block 2 of said Royal Vista Addition; thence southerly along the westerly lot lines of Lots 1 and 2 of Block 2 of said Royal Vista Addition to the south- weste~ corner of Lot 2 of said Block 2 of said Royal Vista Addition; thence continuing southerly along the westerly lot lines of Lots 7 thru 1 of Block 3 of Durston's Second Subdivision to the southwesterly corner of Lot 1 of Block 3; thence across West Juniper Street to the northwesterly corner of Lot 9 of Block 2 of said Durston's Second Subdivision, thence southerly along the westerly lot lines of Lots 1 thru 9 of said Block 2 to the southwesterly corner of Lot 1 of said Block 2; thence acriss West Aspen Street to the northwesterly corner of Lot 9 of Block 1 of ~aid Durston's Second Subdivision; thence southerly along the westerly tot lines of Lots 1 thru 9 of said Block 1 to the southwesterly COMMISSION RESOLUTION NO. 1230 64 corner of Lot 1 of said Block 1; thence southeasterly across Durston Road to a point on the northerly line of Tract 12 of Durst on Subdivision, said point being 115 feet westerly of the northeasterly corner of said Tract 12; thence southerly parallel to and 115 feet westerly distant from the easterly lot lines of Tracts 8, 9, 10, 11 and 12, across West Villard Street and contin-. uing parallel to and 115 feet westerly from the easterly lot Lines of Tracts 7 and 1 to the southerly lot line of Tract 1; thence southeasterly across West Beall Street to the northwesterly corner of Lot 1 of Block 9 of Springbrook I Addition to Bozeman, Montana; thence southerly along the westerly lot lines of Lots 1 thru 8 of said Block 9 to the southwesterly corner of said Lot 8; thence across West Lamme Street to the northwesterly corner of Lot 1 of Block 8 of said Springbrook Addition; thence southerly along the westerly lot lines of Lots 1 thru 12 of said Block 8; thence southerly across West Mendenhall Street to the northwesterly corner of Lotlof Block 1 of said Springbrook Add- ition; thence southerly along the westerly lines of Lots 1 thru 6 of said Block 1 to the southwesterly corner of said Lot 6; thence continuing southerly along the above westerly lot lines projected across the east-west alley of said Block 1 to a point on the northerly lot line of Lot 12 of said Block 1; thence westerly along the northerly lot line of Lots 12 thru 17 of said Block 1 to the northwesterly corner of Lot 17 of said Block 1; thence westerly across North Eighth Street to the northeasterly corner of Lot 7 of Block 2 of said Spring- brook Addition; thence continuing westerly along the northerly lines of Lots 7, 8, 9, 10 and 11, a distance of 115 feet to a point 15 feet westerly of the northeasterly corner of said Lot 11 of said Block 2; thence southerly parallel to and 15 feet westerly of the easterly line of said Lot 11 to a point on the southerly line of said Lot 11; thence southerly across West Main Street to a point on the south line of said Main Street 6 feet easterly of the northeasterly corner of Lot 12 of Block F of Story's Addition to Bozeman, Montana; thence southerly parallel to and 6 feet distant easterly from the easterly line of said Lot 12, a distance of 131 feet; thence easterly across South Eighth Street to the southwesterly corner of Lot 8 of said Block F of said Story's Addition; thence easterly along the southerly lot lines of Lots 1 thru 8 of said Block F and said line extended easterly, and across South Seventh Avenue to the southwesterly corner of Lot 21 of Block E of said Story's Addition; thence easterly along the southerly lines of Lots 1 thru 21 of said Block E to the southeasterly corner of Lot 1 of said Block E; thence across South Fifth Avenue to the southwesterly corner of Lot 19 of Block D of said Story's Addition; thence easterly along the southerly lot lines of Lots 1 thru 19 inclusive, of said Block D to the southeasterly corner of said Lot 1 of said Block D; thence easterly across South Third Avenue to the southwesterly I corner of Lot 9 of Block C of sa.id Story's Addition; thence easterly along the southerly lot lines of Lots 1 thru 9 inclusive, of said Block C to the south- easterly corner of said Lot 1; thence easterly across South Grand Avenue to the southwesterly corner of Lot 9 of Block B of said Story's Addition; thence easterly along the southerely lot lines of Lots 1 thru 9 of said Block B to the southeasterly corner of Lot 1 of said Block B; thence easterly across South Willson Avenue to the southwesterly corner of Lot 11 of Block A of said story's Addition; thence easterly along the southerly lot lines of Lots 1 thru 11 of said Block A to the southeasterly corner of said Lot 1; thence easterly across South Tracy Avenue to the southwesterly corner of Lot 0 of Block A of the Original Townsite of Bozeman, Montan~; thence easterly along the southerly lot lines of Lots 0 thru 11 of said Block A to the southeasterly corner of Lot 11 of said Block A; thence easterly across South Black Avenue to the southwesterly corner of Lot 1 of Block B of said Original Townsite; thence easterly along the southerly lot lines of Lots 1 thru 10 of said Block B to the southeasterly corner of Lot le of said Block B; thence easterly across South Bozeman Avenue to the southwesterly corner of Lot 1 of Block-C of the said Original Townsite; thence easterly along the southerly lot lines of Lots 1 thru 18 of said Block C to the southeasterly corner of said Lot 18 of said Block C; thence easterly across South Rouse Avenue to the southwesterly corner of Lot 1 of Block A of Rouse's Addition to Bozeman, Montana; thence easterly along the southerly lot lines of Lots 1 thru 14 of said Block A to the southeasterly corner of Lot 14 of said Block A; thence easterly across South Church Avenue to the southwesterly corner of Lot 1 of Block B of said Rouse's Addition; thence easterly along th e southerly lot lines of Lots 1 thru 14 of said Block B to the southeasterly corner of Lot 14 of said Block B; thence northerly along the easterly line of said Lot 14 to the northeasterly corner of Lot 14 of said Block B; thence north- erly across Main Street to the southeasterly corner of Block E of said Rouse's Addition being the true point of beginning. Containing within the above described exterior boundaries the following Lots, I parcels and Tracts of land, to-wit: Lots 1 thru 14 inclusive, of Block A; Lots 1 thru 14 inclusive, of Block B; Lots 1 thru 14 inclusive of Block E, and; Lots 1 thru 14 inclusive, of Block F, all in Rouse's Addition to Bozeman, MontaQ.a; Lots 0 thru 11 of Block A; Lots 1 thru 10 inclusive, of Block B; Lots 1 thru 18 inclusive, of Block C; Lots 1 thru 19 inclusive, of Block D; Lots 1 thru 11 inclusive, of Block E, and; Lots 1 thru 12 inclusive, of Block F, all in Original Townsite, Bozeman, Montana; Lots 2 thru 13 inclusive, of Block A; Lots 1 thru 10 inclusive of COMMISSION RESOLUTION NO. 12)0 65 Block C; Lots 1 thru 21 inclusive, of Block D; Lots 1 thru 20 inclusive, and Lot 29, of Block E, all in Tracy's First Addition; Lots 1 thru 11 inclusive, of Block A; Lots 1 thru 9 inclusive, of Block B; Lots 1 thru 9 inclusive, of Block C; Lots 1 thru 19 inclusive, of Block D; Lots 1 thru 21 inclusive, of Block E; Lots 1 thru 8 inclusive, and 30 feet of vacated Seventh Avenue, 6 feet of vacated Eighth Avenue, of Block F, all in Story's Addition; I Lots 1 thru 17 inclusive, of Block 1; Lots 7, 8, 9, 10 and portion of 11, of Block 2; Lots 1 thru12 inclusive, of Block 8; Lots 1 thru 8 inclusive, of Block 9, all in Springbrook Addition; Lots 20 and 23 of Block E, Tracy's Second Addition; Lots 20 and portions of Lots 22 and 26 of Block E of Tracy's Third Addition; Tract K (Carter Oil Co.) and portion of Tract 13 (Border Tract); Lots 7 thru 12 inclusive, of Block 2; Lots 10 thru 18 inclusive, of Block 3, all in the Violett Addition; Portion of Lot 1 of Shonkwilers Addition; Lots 1 thru 9 inclusive, of Block 1; Lots 1 thru 5 of Block 2; Lots 1 thru 5 inclusive, of Block 3; Lots I thru 5 inclusive, of Block 4, all in North Seventh Addition; Lots 1 thru 6 inclusive, of Block One and Lots 1 thru 5 inclusive of Block Two, all in Westlake's Second addition; Lots 9 thru 14 inclusive of Block 1 and Lots 1 and 2 of Block 2, all in Royal Vista Addition; Lots 1 thru 9 inclusive, of Block 1; Lots 1 thru 9 inclusive, of Block 2; and Lots 1 thru 7 inclusive, of Block 3, all in Durston's Second Subdivision; Portion of Tracts 1, 7, 8, 9, 10, 11 and 12 of Durston's Sub- division; I Excepting therefrom the following, to-wit: The northerly 50 feet of Lots 1 and 2 of Block E, Tracy's Addi- tion; the southerly 18 feet of Lots 8 and 9 of Block B, Story's Addition; and the southerly 31 feet of Lot 1 and the southerly 31 feet of the easterly 24.25 feet of Lot 2 of Block A of Story's Addition. That, said Commission Resolution No. 1230 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 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. 1230, 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. 1176, declaring it to be the intention of the Commission to Create Special Improvement District No. 452, and I Commission Resolution No. 1184, creating Special Improvement District No. 452, for con- structing and making the improvements therein. Dated September 8th, 1965. o 1:Ia ~ \C}~ }-0-c . Clerk of the City Co ssion COMMISSION RESOLUTION NO. 1230 .- -- 66 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 thet the foregoing Notice was published at length in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City I in the issue of the 10th 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 hand and affix the corporate seal of my office this lOth day of November, 1965. (;? ~ " Clerk of the State of Montana. ) County of Gallatin ) 5S. City of Bozeman ) I, Erna V. Harding, Clerk of the Commission of The City of Bozeman, do hereby certify that the foregoing Resolution No. 1230, 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 September 20, 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 lOth day of November, ~965. ~~""~ /! ~ ~ Clerk of the City Co lssion I I ...-