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HomeMy WebLinkAboutResolution 1232 Improvements on SID No. 455 71 COMMISSION RESOLUTION NO. 1232 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MON'1A NA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 455 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, ST~TE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 455. I WHEREAS, The City Commission of The City of Bozeman, did on the 17th day of February 1965, duly and regularly pass Commission Resolution No. 1181, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 455 OF THE C IT! OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A STORM DRAINAGE SYSTEM TO SERVE THE AREA OF WEST GARFIELD STREET BETWEEN SOUTH WILLSON AVENUE AND SOUTH TRACY AVENUE AND ALSO SOUTH TRACY AVENUE BETWEEN WEST CLEVELAND STREET AND WEST GARFIELD STREET, SAID STORM DRAINAGE PROJECT TO INCLUDE NECESSARY PIPE LINES, MANHOLES, DRAIN INLETS AND OTHER NECESSARY APPURTENANCES. and thereafter, after due and legal proceedings had, the Commission of The City of Bozeman, did on the 10th day of March, 1965, duly pass Commission Resolution No. 1187, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVE- MENT DISTRICT NO. 455 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING A STORM DRAINAGE SYSTEM TO SERVE THE AREA OF WEST GARFIELD STREET BETWEEN SOUTH WILLSON A VENUE AND SOUTH TRACY AVENUE AND ALSO SOUTH TRACY AVENUE BETWEEN WEST CLEVELAND STREET AND WEST GARFJELD STREET. which Commission Resolution Nos. 1181 and 1187, passed as aforesaid, are hereby referred to and made a part of this resolution for further particulars in respect to the boundaries of I 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. 1181 and 1187 have been constructed and completed in accordance with the terms and conditions of Commission Resolutions Nos. 1181 and 1187, and the total cost of said improvements so constructed is the sum of Four-thousand Eight-hundred Three & 60/1ooths ($4,80).60) 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. 455, there be, and there is hereby levied and assessed a tax amolmting to the sum of Four-thousand Eight-hundred Three & no/100ths. t$4,803.60) upon all the property in said Special Improvement District No. 455, that a particular des- cription of each lot and parcel of land with the name of the owner and the sum assessed I 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 'JA", 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 desceibed 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 "Air, as required COMMISSION RESOLUTION NO. 1232 72 by law; that the payment of said sums shall be made in 10 installments and the payment of said installments shall extend over a period of 9 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 I 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 22nd 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 a.doption 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 C1e rk 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. 455 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 I 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 regu- lar session thereof held on the 15th day of September 1965. Attest: p L~ /" C - ,/ ~.J___.4~ J , Clerk of the tity Co sian Finally passed and adopted by the Commission of thereof held on the 22nd day of September 1965. Attest: ~/~ Clerk of the ity Co . sion I COMMISSION RESOLUTION NO. 1232 . .-- 73 NQ.!I.Q.~ HEARING, FINAL ADOPTION OF COMMISSION RESOLUTION NO. 1232, LEVYING ASSESSMENT SPECIAL IMPROVEMENT DISTRICT NO. 455, CITY OF BOZEMAN, CONSTRUCTION AND INSTALLATION OF A STORM DRAINAGE SYSTEM TO SERVE THE AREA OF WEST GARFIELD STREET BETWEEN SOUTH WILLSON A VENUE AND SOUTH TRACY A VENUE AND ALSO SOUTH TRACY A VENUE BETWEEN WEST CLEVELAND STREET AND WEST I GARFIELD STREET. NOTICE IS HEREBY GI~N, that at a regular session of the Commission of The City of Bozeman held on the 15th day of September 1965, Commission Resolution No. 1232 was provision- ally passed and adopted; that said Commission Resolution levies and assesses a special assessment of taxes upon all the property in Special Improvement District No. 455, 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. 455 are described as follows: Beginning at the northeasterly corner of Lot 1 of Block A, Langohrts First Addition to Bozeman, Montana; thence westerly along the northerly line of said Lot 1 a distance of 130 feet; thence southerly parallel to and 130 feet distant westerly from the westerly line of South Tracy Avenue, across Lots 1, 2, 3, 4, 5, 6,.and 7 of said Block A to a point on the southerly line of said Lot 7 of said Block A; thence northwesterly along the southerly line of said Lot 7 a distance of 13.09 feet to the southwesterly co~ner of said Lot 7; thence southerly along the westerly lot lines of Lots 8 and 9 of said Block A, a distance of 120.2 feet; thence westerly across the alley of said Block A to a point on the easterly line of Lot 7, Block 13, Butte Addition to Bozeman, Montana, said point being 5 feet northerly of southeasterly corner of said Lot 7; thence westerly parallel to and 130 feet distant northerly from the northerly line of Garfield Street to a point of intersection with the centerline I of South Willson Avenue; thence southerly along the centerline of South Willson Avenue a distance of 320 feet; thence easterly at right angles a distance of 40 feet to a point on the westerly line of Lot 6 of Block 14 of said Butte Addition said point being 5 feet southerly of the northwesterly corner of said Lot 6; thence easterly parallel to and 130 feet distant southerly from the southerly line of Garfield Street being 5 feet south- erly and parallel to the northerly line of said Lot 6 a dis- tance of 160 feet to the easterly line of said Lot 6; thence continuing easterly parallel to and 130 feet distant southerly from the southerly line of West Garfield Street across the Eck Addition to B00eman, Montana, a distance of 104.37 feet to the easterly line of said Eck Addition; thence continuing easterly on said line extended to a point of intersection with a line that lies parallel to and 1)0 feet distant south- easterly from the southeasterly line of south Tracy Avenue; thence northeasterly along said parallel line lying 130 feet southeasterly of the southeasterly line of South Tracy Avenue to the southeasterly corner of Lot 11 of Block 2 Spring Dell Addition to Bozeman, Montana; thence northeasterly along the easterly lot lines of Lots 11, 12, 13 and 14 of Block 2 of said Spring Dell Addition to the northeasterly corner of said Lot 14; thence westerly along the northerly line of said Lot 14 to the northwesterly corner of said Lot 14; thence southwesterly across South Tracy Avenue to the point of beginning. Containing within the above described exterior boundaries the following lots, blocks and tracts of land, to-wit: Portions of Lots 1, 2, 3, 4, 5, 6 and 7 and all of Lots 8, 9 and 10 of Block A, Langohr's First Addition. I Portions of Lot 7 and all of Lots 8, 9, 10, 11 and 12 of Block 13, Butte Addition to City of Bozeman. All of Lots 1, 2, 3, 4, 5, and portion of Lot 6 of Block 14, Butte Addition to City of Bozeman. A portion of Eck's Addition to City of Bozeman. Portion of an unplatted Tract lying southeasterly of South Tracy AVenue. All of Lots 11, 12, 13 and 14 of Block 2, Spring Dell Addition of the City of Bozeman, Montana. COMMISSION RESOLUTION NO. 1232 74 That, said Commission Resolution No. 1232 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 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 I 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. 1232, 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. 1181, declaring it to be the intention of the Commission to create Special Improvement District No. 455, and Commission Resolution No. 1187 crea.ting Special Improvement District No. 455, for constructing and making the improvement therein. Dated September 15, 1965. ~,((~~ Clerk of the City C . . ssion ---------- State of Monu.. na ) County of Gallatin) SSe 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 I a newspaper of general circulation printed and published in said City in the issue of the 17th day 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 day of November 16th, 1965. ~d~~ Clerk of the C~ty Commi ion ---------- State of Montana ) County of Gallatin ) S5. City of Bozeman ) I, Erna V. Harding, Clerk of the Commis3ion of The Oity of Bo zeman, do hereby certify that the foregoing Resolution No. 1232, 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 and affix the corporate seal of my office this 16th day of November, 1965. > ~ 64~/ - , Clerk of the City Co ~ssion I Commission Resolution No. 1232