HomeMy WebLinkAboutResolution 1147 Improves SID No. 433
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COMMISSION RESOLUTION NO. 1147
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. 433 IN THE
CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO
DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS
I WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 433.
WHEREAS, The City Commission of the City of Bozeman, did on the 21st day of
August, 1963, duly and regularly pass Commission Resolution No. 1083, 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 IMPROVE-
MENT DISTRICT NO. 433, OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING
A PAVEMENT PROJECT ON NORTH NINTH FROM THE SOUTH STREET LINE OF WEST BEALL STREET TO THE
SOUTH LINE OF DURSTON ROAD, ALSO FROM THE EAST LINE OF ELEVENTH AVENUE NORTH TO THE CENTER
LINE OF SEVENTH AVENUE NORTH, SAID PAVEMENT PROJECT TO INCLUDE CONSTRUCTION AND INSTALLATION
OF A STORM SEWER LINE, COMBINATION CONCRETE CURBS AND GUTTERS, GRAVEL BASE COURSE, CRUSHED
GRAVEL CUSHION COURSE, AND AN ASPHALTIC~CONCRETE TYPE SURFACE COURSE.
and thereafter, after due and legal proceedings had, the Commission of the City of Bozeman
did on the 18th day of September 1963, duly pass Commission Resolution No. 1087, entitled:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN CREATING A SPECIAL IMPROVEMENT
IISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 433, OF THE CITY OF BOZEMAN FOR THE
PURPOSE OF CONSTRUCTING AND INSTALLING A PAVEMENT PROJECT ON NORTH NINTH AVENUE FROM THE SOUTH
STREET LINE OF WEST BEALL STREET TO THE SOUTH LINE OF DURSTON ROAD, ALSO FROM THE EAST LINE
OF ELEVENTH AVENUE NORTH TO THE CENTER LINE OF SEVENTH AVENUE NORTH.
which Commission Resolutions No.'s 1083 and 1087, passed as aforesaid, 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 the improvements to be constructed therein, the estimated
I 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
No.'s 1083 and 1087 have been constructed and completed in accordance with the terms and
conditions of Commission Resolution No.'s 1083 and 1087 and the total cost of said improve-
ments so constructed is the sum of Seventy One Thousand Four Hundred Forty Three and 45/100
($71,443.45) dollars;
NOW, THEREFORE, pursuant to the provisions of Sections 5335 to 5277.5 and 5485,
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 l. That to defray the cost and expense of constructing and making
the improvements in said Special Improvement District No. 433, there be, and there is hereby
levied and assessed a tax amounting to the sum of Seventy One Thousand Four Hundred Forty
Three and 45/100 dollars ($71,443.45) upon all the property in said Special Improvement District
No. 433, that a particular description of each lot and parcel of land with the name of the
I owner and the sum assessed against him or it for such improvements and the amount of each
partial payment 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 assessed upon and against said des-
cribed 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 "A" as required by law; that the payment of said sums shall be made in twenty install-
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ments and the payment of said installments shall extend over a period of nineteen 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 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 penalites provided
by law relative to delinquent taxes.
Section 2. That the regular session of the Commission of The City of Bozeman to hold I
in the Commission Chamber in the City Hall of said City on the ~ day of October, 1964,
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. 433 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 p'lace 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 21st day of October, 1964.
Attest:
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Acting Clerk of the C' y Commission
Finally passed and adopted by the Commission of The City of session
thereof held on the 28th day of October 1964.
Attest:
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HEARING, FINAL ADOPTION OF COMMISSION RESOLUTION NO. 1147, LEVYING
ASSESSMENT SPECIAL IMPROVEMENT DISTRICT NO. 433, CITY OF BOZEMAN FOR
THE PURPOSE OF CONSTRUCTING AND INSTALLING A PAVEMENT PROJECT ON NORTH
NINTH AVENUE FROM BEALL STREET TO DURSTON ROAD AND VILLARD STREET FROM
NORTH ELEVENTH A VENUE TO NORTH SEVENTH A VENUE.
NOTICE IS HEREBY GIVEN, that at a regular session of the Commission of the City
of BOz~manheld on the 21st day of October, 1964, Commission Resolution No. 1147, was provision-
ally passed and adopted; that said Commission Resolution levies and assesses a special asseslBIDent
of taxes upon all the property in Special Improvement District No. 433, in said City, to
defray the cost and expenses of constructing and making the improvements within said District,
to-wit: Beginning at the North one-quarter of Section 12, Township 2 South, R3.nge 5 East
of the Montana Principal Meridian thence N 898 38' E along the northerly line of said Section
12, being the northerly line of the Brunton-Palffy Rearrangement of a Portion of the Durston
Subdivt;ion to the City of Bozeman, Montana, a distance of 505-.6 feet to the true point of
beginning; thence in a southerly direction a,long the easterly line of the alley of Block 2
of said rearrangement, being along the westerly lot lines of Lots 16 through 26 of said Block
2 to a point, said point being 161.4 feet northerly of the northerly street line of Villard I
Street;thence westerly parallel to and 161.4 feet distant from said northerly line of Villard
Street across the alley of said Block 2, across Lot 11 of said Block 2, across lOth Avenue
North and across Lots 15 and 10 of Block 1 of said rearrangement to a point of intersection
with the centerline of 11th Avenue North: thence southerly along said centerline of 11th Ave-
nue North a distance of 382.8 feet; thence easterly parallel to and 161.4 feet distant from
the southerly line of Villard Street, across Lots 3 and 6 of Block 4, across lOth Avenue
North, across lot 3 of Block 5 to a point of intersection with the westerly lot line of Lot 6
of said Block 5; thence southerly along the westerly lines of Lot 6 and 7 of said Block 5
to the southwesterly corner of said Lot 7; thence parallel to and 150 feet distant from the
westerly line of 9th Avenue North across Lot 3 of Durstons Subdivision and across Beall
Street to the southerly line of said Beall Street; thence easterly along the said southerly
line of Beall Street to a point 150 feet easterly of the easterly line of 9th Avenue North;
thence northerly parallel to and 150 feet distant from the easterly line of said 9th Avenue,
across Beall Street, and across Lot 2 of Durston's Subdivision to the southeasterly corner
of Lot 4 of. Block 6 of ~he Brunton-Palffy Rearrangement; thence continuing northerly along
the easterly line of sald Lots 4 and 3 to a point 161.4 feet southerly of the southerly
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line of Villard Street; thence easterly parallel to and 161.4 feet distant from said
southerly line of Villard Street across Lot 6 of Block 6, across 8th Avenue North and
across Tract 7 of the Durston Subdivision to a point of intersection with the center-
line of North Seventh Avenue; thence northerly along the centerline of said North Seventh
Avenue a distance of 382.8 feet to a point; thence westerly parallel to and 161.4 feet
distant from the northerly line of Villard Street across Tract 8, 13 and 14 of Durston
Subdiv.eion and across the alley of Block 3 of said Brunton-Palffy Rearrangement of a
portion of Durston Subdivision to a point of intersection with the easterly lot line
I of Lot 11 of said Block 3; thence northerly along the easterly lot lines of Lots 11
through 1 of said Block 3 and across Durston Road to a point of intersection with the
northerly section line of Section 12; thence westerly along said section line to the true
point of beginning.
Including within the above described exterior boundaries the following lots, portion
of lots and tracts of land: Portion of Lot 10, all of Lots 11, 12, 13, 14 and a portion
of Lot 15 of Block 1; Portion of Lot 11, all of Lots 12 through 26 inclusive of Block
2; all of Lots 1 through 13 inclusive of Block 3; all of Lots 1, 2, 7 and 8 and portions
of Lots 3 and 6 of Block 4; All of Lots 1, 2, 4, 5, 6, 7 and portion of Lot 3 of Block
5; All of Lots 1, 2, 3, 4, 7, 8 and a portion of lot 6 of Block 6 in the Brunton-Palffy
Rearrangement of a Portion of Durston Subdivision; also portions of Tracts 2,3,7, and 8
and 13 and 14 of Durston's Subdi~ion.
That, said Commission Resolution No. 1147 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 28th day of October, 1964 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 when and 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.
1147, 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. 1083, declaring
it to be the intention of the Commission to create Special Improvement District No.
433, and Commission Resolution No. 1087, creating Special Improvement District No.
433, for constructing and making the improvements therein.
Dated this 21st day of October, 1964.
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Harold A. Fryslie
Acting Clerk of the
S ta te of Mm tana )
County of Gal.latin) ss
City of Bozeman )
I Harold A. Frys .Lie, Ac ting Cle rk of the Commissi on of the
City of Bozema~, hereby certify that the foregoing Notice was
pub.iished at length in the Bozeman Daily Chronic.Le, a,newsp~~er
of general circulation printed and published in said Uity in
the issue of October 21st, 1964, and due proof of such publi-
cation is on file in my office.
State of Montana )
County of Gallatin) ssw
City of Bozeman )
I, Harold A. Fryslie, Acting Clerk of the Commission of The City of
Bozeman, do hereby certify that the foregoing Resolution No. 1147, was
I 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
October 23, 1964 and due proof of ~uch publication is on file in my office.
IN WITNESS WHEREOF I hereunto set my hand and affix the corpora.te seal
of my office this 14th day of January, 1965.
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Acting Clerk of the City ommission