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HomeMy WebLinkAboutResolution 1149 Improves SID No. 437 -.-. -- ... ....-.-,,---- :~45 COMMISSION RESOLUTION NO. 1149 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. 437 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING, AND MAKING THE I IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 437. WHEREAS, The City Commission of the City of Bozeman, did on the 1st day of April 1964, duly and regularly pass Commission Resolution No. 1113, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 437 IN THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING A TWELVE (12) INCH WATER MAIN ON BEALL STREET FROM FIFTEENTH AVENUE WESTERLY TO A POINT MIDWAY BETWEEN NORTH TWENTIETH AVENUE AND NORTH TWENTY-FIRST AVENUE; A TEN (10) INCH WATER MAIN ON DURSTON ROAD FROM A POINT MIDWAY BETWEEN NORTH TWENTIETH AND NORTH TWENTY-FIRST AVENUE TO A POINT 180' WESTERLY OF NORTH FIFTEENTH AVENUE BETWEEN: A SIX ('6) INCH WATER MAIN ON NORTH TWENTIETH A VENUE BETWEN BEALL STREET AND DURSTON ROAD; A SIX (6) INCH WATER MAIN ON NORTH EIGHTEENTH AVENUE BETWEEN BEALL STREET AND DURSTON ROAD AND A SIX (6) INCH WATER ON EASEMENTS WITHIN THE MAPLE TERRACE SUBDIVISION AND ALSO TO INSTALL NECESSARY VALVES AND FIRE HYDRANTS AND OTHER NECESSARY APPURTENANCES AND VK.>RK INCIDENTAL THERETO. , and thereafter, after due and legal proceedings had, the Commission of the City of Bozeman did on the 22nd day of April 1964, duly pass Commission Resolution No. 1115, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN CREATING A SPECIAL IMPROVE- MENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 437 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING A TWELVE (12) INCH WATER MAIN ON BEALL STREET FROM FIFTEENTH A VENUE WESTERLY TO A POINT MIDWAY BETWEN NORTH TWENTIETH AVENUE AND NORTH TWENTY-FIRST AVENUE: A TEN (10) INCH WATER MAIN ON DURSTON ROAD FROM A POINT MIDWAY BETWEEN NORTH TWENTIETH AND NORTH TWENTY-FIRST AVENUE TO A POINT 180' WESTERLY OF NORTH FIFTEENTH AVENUE; A SIX (6) INCH WATER MAIN ON NORTH TWENTIETH AVENUE BETWEEN BEALL STREET AND DURSTON ROAD AND A SIX (6) INCH WATER MAIN ON EASEMENTS WITHIN THE MAPLE TERRACE SUBDIVISION AND ALSO TO INSTALL NECESSARY VALVES AND FIRE HYDRANTS AND OTHER NECESSARY APPURTENANCES. I which Commission Resolution No.'s 1113 and 1115 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 es- timated cost of said improvements and the method of assessing same against the property within said district; and WHEREAS, said improvements as contemplated in said Commission Resolution No.'s 1113 and 1115, and the total cost of said improvements so constructed is the sum of Seventy Six Thousand Sixty and 9/100 dollars ($76,060.09). 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 1. That to defray the cost and expense of constructing and making the improvements in said Special Improvement Dist. No. 437, there be and there is hereby levied and assessed a tax amounting to the sum of Seventy Six Thousand Sixty and 9/100 dollars($76,060.09) upon all the property in said Special Improvement District No. 437 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 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", arid 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 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 "A" as required by law; that the payment I of said sums shall be made in twenty installments 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 there of shall be made in the manner and in accordance with the law governing the collection of special improvement taxes; that fail~ ure to pay such assessment 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 held in the Commission Chamber in the City Hall of said City on the 28th day of October, 1964 at 1:00 o'clock P.M., be, and the same is hereby designated as the time .. __._.n .--. u____.__ _________" _.. n . :\46 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 I said Special Improvement District No. 437 is on file in the office of the Clerk of the Commission subject to inspection for a period of five (5) dyas; 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 regular session thereof held on the 21st day of October 1964. Attest: ~. , ~~' I ... --- --- .~F --r-r-r./ -(i, ~/.-"fl. ;'.1 sl Harold A. Fry-slie /$ Acting Clerk of the City Commission Finally passed and adopted by the Commission of The session thereof held on the 28th day of October 1964. At test: ~ 1 '~ ~, ~./ d!'tc :'7.-"L.f:i,.- ro~~ S Harold A. Fr slie . ------ NQ:rlf.~ HEARING, FINAL ADOPl'ION OF COMMISSION RESOLUTUION NO. 1149 lEVYING ASSESSMENT SPEC- I IAL IMPROVEMENT DISTRICT NO. 437 CITY OF BOZEMAN, WATER LINES IN WEST BEALL STREET DURSTON ROAD, NORTH TWENTIETH AVENUE, NORTH EIGHTEENTH AVENUE AND MAPlE TERRANCE SUBDIVISION. NOTICE IS HEREBY GIVEN, that at a regular session of the Commission of The City of Bozeman held on the 21st day of October 1964, Commission Resolution No. 1149, 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. 437, in said City, to defray the cost of constructing and making the improvements within said District, to-wit: Beginning at the monument marking the Southeast corner of the Northwest Quarter of the Northwest Quarter (NWkNWk) of Section Twelve (12), Township Two (2) South, Range Five (5) East M.P.M., said monument located at the intersection of the southerly line of Beall Street and the centerline of Fifteenth Avenue; thence South 890 16' 07" West a distance of 30 feet; thence South 66. 42' 49" West a distance of 764.21 feet to the south- westerly corner of Block 3 of Kirk's Second Subdivision to Bozeman, Montana; thence South 89. 16' 07" West along the southerly line of Block 2 of said Kirk's Second Subdivision a distance of 553.00 feet to the southwesterly corner of Block 2 of said Kirk's Second Subdivision; thence continuing on a bearing of south 890 16' 07" West parallel to and 293.12 feet southerly from the southerly line of said Beall Street, across a portion of 19th Avenue 45.5 feet in width and continuing for an additional 411 feet to a point; thence North 00. 51' 38" East parallel and 456.5 feet westerly therefrom the easterly section line of Section 11, Township Two South Range Five East, a distance of 293.08 feet to the southerly line of Beall Street in Carroll First Subdivision to Bozeman, Montana; thence continuing North 00. 51' 38" East parallel to and 456.5 feet distant westerly from said easterly line of said Section 11, across said Beall Street and along the westerly lot lines of Lots 1 through 17 inclusive of Block 3 of West Park Manor First Addition and said line extended, a distance of 1327.87 feet to the center- line of Durston Road; thence North 88. 09' 23" East along said centerline of said I centerline of Durston Road a distance of 456.5 feet to the northeast corner of Section 11, Township 2 South, Range 5 East, said section corner being the southwesterly corner of the Maple Terrace Subdivision, a Re-arrangement of Tracts 1, 2, 3, 4, 9, 11, and 13 of Homesites Subdivision, Gallatin County, Montana located in the southwest quarter of Section 1, Township 2, South, Range 5 East, M.P.M.,; thence North 2. 03' West a distance of 971.6 feet to a point; thence North 870 57' East across a portion of Nine- teenth Avenue and along the northerly lot line of Lots 4, 8, 14 and 15 of said Maple Terrace Subdivision, and said lot lines projected to the centerline of Seventeenth -- ----.-- ------- :\4'7 Avenue; thence southerly along the said centerline of said Seventeenth Avenue to a point of intersection with the centerline of Durston Road, being the section line common to said Sections 1 and 12; thence N 890 53' 38" East along the northerly line of said Section Twelve (12), being also the centerline of Durston Road a distance of 500.04 feet to a point; thence South 000 25' 38" West parallel to and 180 feet more or less westerly therefrom the easterly line of said Kirk's Second Subdivision a distance of 1264.82 feet more or less to the northerly line of West Beall Street of said Kirk's Second Subdivision; I thence North 890 16' 07" East along the northerly street line of said West Beall Street a distance of 180 feet more or less to the southeasterly corner of Block 4 of said Kirk's Second subdivision; thence continuing along said northerly street line extended easterly a distance of 60 feet to the easterly line of North 15th Avenue; thence southerly along said easterly line of 15th Avenue a distance of 60 feet; thence westerly a distance of 30 feet to the true point of beginning. That, said Commission Resolution No. 1149 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. 1149, and the levying o'f 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. 1113, declaring it to be the intention of the Commission to create Special Improvement District No. 437, and Commission Resolution No~ 1115 creating Special Improvement District No. 437, for constructing and making the improvements therein. Dated this 21st day of October 1964. . ------ I State of Montana ) County of Gallatin) ss. City of Bozeman ) I, Harold A. Fryslie, Acting 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 23rd day of October,1964, and due proof of such publication is on file in my office. IN WITNESS WHEREOF I hereunto set my hand affix the corporate seal of my hand and affix the corporate seal of my office this 15th day of January, 1965. ----- State of Montana ) County of Gallatin) ss. City of Bozeman ) ; I, Harold A. Fryslie, Acting Clekk of the Commission of The City of Bozeman, do hereby certify that the foregoing Resolution No. 1149, 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 29 October 1965, and due proof of such publica- tion is on file in my office. IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my office this 15th day of January, 1965. , I Ac?/firirtJ 4 ~/4fit Ac ing Clerk of the City 06mmission