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HomeMy WebLinkAboutResolution 1231 Improvements on SID No. 454 67 COMMISSION RESOLUTION NO. 1231 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. 454 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IM- PROVEMENT DISTRICT NO. 454 I WHEREAS, The City Commission of The City of Bozeman, did on the 17th day of March, 1965, duly and regularly pass Commission Resolution No. 1188, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN DECLAR- ING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 454 FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING SANITARY SEWER LATERAL MAINS TO SERVE PORTIONS OF BLOCKS 23, 24, 27, 28 and ALSO PORTIONS OF VACATED ALLEYS OF BLOCKS 24, 27 and 28, ALSO POR- TIONS OF VACATED EAST MAIN STREET, EAST MENDENHALL STREET, AYLSWORTH AVENUE AND SWITZLER AVENUE, ALL IN THE NORTHERN PACIFIC ADDITION TO BOZEMAN, MON'IA NA. and thereafter, after due and legal proceedings had, the Commission of The City of Boze- man did on the 7th day of April, 1965, duly pass Commission Resolution No. 1191, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT NO. 454 of THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING SANITARY SEWER LATERAL MAINS TO SERVE PORTIONS OF BLOCKS 23, 24, 27, 28 and ALSO PORTIONS OF VACATED ALLEYS OF BLOCKS 24, 27 and 28, ALSO PORTIONS OF VACATED EAST MAIN STREET, EAST MENDEN- HALL STREET, AYLWWORTH AVENUE AND SWITZLER AVENUE, ALL IN THE NORTHERN PACIFIC ADDnrON TO BOZEMAN, MONTANA, INCLUDING TRENCH EXCAVATION AND BACKFILL INSTALLATION OF NECESSARY FITTINGS AND OTHER APPUR- TENANCES AND WORK INCIDENTAL THERETO. which Commission Resolution Nos. 1188 and 1191 passed as aforesaid, are hereby referred to and made a part of this resolution for further particulars in respect to the boundaries I 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. 1188 and 1191 have been constructed and completed in accordance with the terms and conditions of Commission Resolutions Nos. 118Band 1191 and the total cost of said improvements so constructed is the sum of Twenty-Eight Thousand Five-Hundred Twenty-Five & B2/l00's Dollars. ($28,525.82) NOW, THEREFORE, pursuant to the provisions of Sections 11-2201 to 11-2273 and 113301, R.C.M., 1947 and amendments thereto. BE IT RESOLVED AND IT IT 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. 454, there be, and there is hereby levied and assessed a tax amounting to the sum of Twenty-Eight Thousand Five-Hundred Twenty-Five & 82/100's ($28,525.82) upon all the property in said Special Improvement District No. 454, that a part- icular description of each lot and parcel of land with the name of the owner and the sum I 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 assess- ment list hereto attached, marked Schedule nAn, and made a part thereof; 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 sums so assessed be collected from the respective owners of said lots and parcels of land described in said assessment list, Schedule "Au, as required by law; that the payment of said sums shall be made in 20 installments and the payment COMMISSION RESOLUTION NO. 1231 --- 68 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 be made; that said sums shall be paid and the collection thereof shall be made in the manner and in accordance with the law giverning the collection of special improvement I 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 regula,r session of the Commis sion of The City of Bozeman to be held in the Commission Chamber in the City Hall of said city on the 22 day of Sept- ember 1965, at 1:00 o'clock P.M., be, and the same is hereby designated as the time and place at which objectionsto the final adoption of this Resolution will be heard by said Conunission. 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 Improvment District No. 454 is on file in the office of the Clerk of the Conunission subject to inspection for a period of five (5) days; that said Notice shall I' 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 Conunis5ion of The City of Bozeman at a regular session thereof held on the 15th day of September 1965. Attest: /? l)~ A:~ . ..... , ' ~erk of the C.ty Commi ion Finally passed and adopted by the Commission of The City of Bozeman at a regular session thereof held on the 22nd day of September 1965. Attest: o // ~ ..~ :;>4~./ . . ... -vv Clerk of the City Co . sion I COMMISSION RESOLUTION NO. 1231 69 NQ11f.~ HEARING, FINAL ADOPTION OF COMMISSION RESOLUTION 1231, LEVYING ASSESS- MENT SPECIAL IMPROVEMENT DISTRICT NO. 454, CITY OF BOZEMAN, CONSTRUCT- ING AND INSTALLING SANITARY SEWER LATERAL MAINS PORTIONS OF EAST MAIN STREET, EAST MENDENHALL STREET, AYLSWORTH A VENUE AND SWITZLER AVENUE. I NOTICE IS HEREBY GIVEN, that at a regular session of the Commission of The City of Boze- man held on the 15th day of September, 1965, Commission Resolution No. 1231 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. 454, in said City to defray the cost and expense of constructign and making the improvements iithin said District, to""'Wit; The boundaries of said Special Improvement District No. 454 are described as follows: Beginning at the southwesterly corner of Lot 32 of Block 28 of Northern Pacific Addition to the City of Bozeman, Montana; thence northerly along the westerly lines of Lots 1 and 32 of said Block 28 and said property lines extended northerly 60 feet to a point on the northerly lien of vacated East Mendenhall Street; thence easterly along the northerly line of said East Mendenhall Street a distance of 710 feet; thence southeasterly at an exterior angle to the right of 75. 30t with the northerly line of said vacated East Mendenha.ll Street a distance of 471. 5 feet more or less to a point of intersection with the northerly line of Lot 16 of Block 24 of said Northern Pacific Addition; thence westerly along said northerly line to the northwest- erly corner of said Lot 16; thence southerly along the westerly lot line of said Lot 16 and said Lot line extended southerly to a point of intersection with the northerly right of way line of U.S. Highway Number 10; thence northwesterly along said northerly right of way line of u.S. Highway Number 10 to the point of beginning. 'I Including within the above described exterior boundaries the follow- ing lots, blocks and parcels of land, to-wit: Portions of Lots 15 and 16 of Block 23. Portions of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14 and all of Lots 12 and 15, of Block 24, portion of vacated alley of said Block 24. All of Lots 1, 2, 3, 4, 5, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24, also portions of Lots 6, 7, 10, 11 and 12, and portion of the vacated alley, all in block 27. All of lots 1 thru 32 and vacated alley of Block 28. Por- tion of vacated East Mendenhall Street portion of vacated East Main Street, portion of vacated Aylsworth Avenue and a portion of vacated Switzler Avenue all in the Northern Pacific Addition and within the above described exterior boundaries. Containing within the above described exterior boundaries 368, 621,06 square feet. That, said Commission Resolution No. 1231 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 22nd day of September, 1965, at 1:00 otclock P.M., of said day at the regular session of the said Commission of The City of Bozeman, at the Commission Room, in I 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. 12}1 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 Commissioner Resolution No. 1188, declaring it to be the intention of the Commission to Create Special Improvement District No. 454, and Commission Resolution No. 1191, creating Special Improvement District No. 454, for construct- ing and making the improvements therein. COMMISSION RESOLUTION NO. 1231 70 Dated September 15, 1965. Sta te of Montana ) I County of Gallatin ) ss. City of Bozeman ) I, Erne. 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 17th 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. ?~/ d $A~ Clerk of the City Co ssion --------- State of Montana ) County of Gallatin) ss. Cit y of Boz eman ) I, Erna V. Harding, Clerk of the Commission of The City of Bozeman, do hereby certify that the foregoing Resolution No. 1231 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 27,1965 and due proof of such publication is on file in my office. IN WITNESS WHEREOF I hereunto set my hand a.nd affix the corporate seal of my office I this 10th day of November, 1965. ~~p1~~ Clerk of the City C ission I