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HomeMy WebLinkAboutResolution 1138 Improvements on SID No. 436 :ttt7 COMMISSION RESOLUTION NO. ~i3e - A RESOLUTION OF THE COMMISSION OF THE Crry OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON PL L THE PROPERTY IN SPECIAL PKPROVEMENT DISTRICT NO. 436 IN THE CITY OF BOZEMAN, COUNTY OF GM~LATIN, STATE I OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMI'ROVEM:ENTS WITHIN SAID SJ'ECIAL IMPRO':'EMENT DISTRICT NO. 436. - WHEREAS, The City Commission of The City of Bozeman, did on the 2ist day of August, 1963, duly and regulariy pass Commission Resolution No:-IU85 en ti t1ea: A RESOLUTION OF TI-IE CI']'Y COMMISSION OF THE CITY OF BOZElVTAN, MON'l'ANA, DECLARING IT TO BE THE INTENTION OF SAID COMMIS~HON TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 436 TO THE CI'l'Y OF BOZEMAN FOR THE PURPOSE OF C'NSTRUCTING AND INSTALLINcr-- A WATER MAIN ON NORTH NINTH AVENUE BETWEEN BEALL STREET AND DURSTON ROAD, SAID WATER MAIN TO BE EIGHT (8) INCHES AND OF CAST IRON, AND TO INSTALlJ A SIX (6) INCH CAST IRON WATER MAIN ON WEST VI LLA RD BE'rWEEN NINTH A VENUE AND SEVENTH AVENUE, AND AI,SO TO INSTALL WATER SERVICE LINES TO ALL LOTS v.n: THIN THE DISTRICT, INCLUDING NECESSARY VALVES A11) FIRE HYDRANTS AND OTHER NECESSARY APPURTENANCES. AND WORK INCIDENTAL THERETu. and tnereafter, after due and legal proceedings had, the Commission of The City of Bozeman did on the ~ day of September, 1963, dUiy pass Commission Re- solution No. 1uS9, entitled: A RESOLUTION OF THE CITY CoMMISSION OF THE CITY OF BOZEMAN CREATING A SPECIAL IMPROVEMENT DI3rRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 436 OF THE CITY OF BOZEMAN FOR THE PRUPOSE OF CONSTRU. CTING AND INSTALLING A WATER MAIN ON NORTH NINTH AVENUE BETWEEN BEALL STREET AND DURSTON ROAD, SAID WATER MAIN TO BE EIGHT (B) INCHES AND OF CAST IRON, AND TO INSTALL A SIX (6) INCH CAST IRON WATER MAIN ON WEST VILLARD BETWEEN NINTH AVENUE AND SEVENTH AVENUE AND ALSO TO INS.TAL,L WATER SERVICE LINES TO ALL LOTS WITHIN THE DISTRICT. I which Commission Resolutions NOS.iOB5 and lue9, passed as aforesaid, are hereby referred to and made a part of this resolu~ion for further particuiars in res~ct to the boundaries of said district, the character of t he improvements to be con- structed therein, the estimated cost of said improvements and the method of assess- ing the cost against the property within said district; and WHEREAS, said improvements as comtemp1ated in said Oommission Resolutions Nos. luS5 and iUS9 have been constructed and compieted in accordance with the terms and condi tionsorCommission Resolutlons Nos. lutj5 and lvt)'d, and the total cos t of said improvements so constructed is the cum-or- ---- Twenty-one thousand eight hundred forty-eight & 46/luOth ($21,848.46) DOilars NOW, THEREFORE, pursuant to t he provisions of Sections 5225 to 527'1.b and 5485, R.C.M., 1947 and amendments thereto. BE IT RESOLVED AND IT IS HEREBY oRDERED BY THE CUMMISSION OF THE CITY OF BOZEMAN, STATE OF MONTANA: Section 1. Tha t to defray the cost and expense of cons tructlng and making the improvements in said Speciai Improvement District No. 436, there be, and there is hereby levied and assessed a tax amauntin to the-SUm of Twenty-one thousand ei ht hundred fort -e1 ht & 46 luuths - ( 2i e48.46) DOilars upon ail the property in sa peciai Improvement 1strict No. 436, that a particu~ar description of each iot And parcei of i~nd with the name of the owner and the sum assessed against him or it for sucn improvements and the amount of each partial payment to be made and the day when the same ShaLL be delinquent 1s set forth in detail in the assessment list hereto attached, marked Scneduie ""A"', and l1'1!:I.de a part hereof; tha t the seve rai sums set opposl te the names of tne owners and the described iots and p~rce~s of iand be, and the same are I hereby respectively i6vled and ~ssess ed upon and against said described iota and pa rce~s of ~l:tnd to defray the cos t and ex~ense of cons truc ting and making tne improvements wi thin s aid District; thl:tt the severai sums so assessed be co~le cted from "the respective owners of said lots and parcels of' i8.ud described in said assessment iist, 3Chedu.Le "A" as rey.uired by- ~aw; that the pay-mem:; of said sums shall be made in 2v lnsta.L.Lments and tne payment; of said ins taii- meUl..s Shaol.L extend over a period of i9 years; that the piyment of the res1-€ct- i ve annua~ instaiiments Sh~,Ul. be made on or before ttle 3uth day of November of eaCh year until payment of ail ins tailments together wi th the interest thereon, shall be made; the t said sums sha 11 be paid and tne cOolle ction thereof Bhaii be made in the manner and in accordance with the law governing the coilec tion 0 f special i'11provemen t taxes; UJat failt~e to pay such assessment when the same become due and payabie shali make such persons and said iota f'o......'o' ~- :'~t8 and parcels of land liable to the penal ties provided by law relatl ve to delinquent taxes. Section 2. That the reguiar session of the Uommisslon of the City of boze~an to be held in the Commission Chamber in the City Hall of said City on the 23rd day of September, 1964, at l:uu o'c.lock a.M., be, and the same is hereby designa ted as -che time and pHlce at wfdch objec t10ns to the final adoption of this Resolution will be heard by said Commission. Section 3. Tbat the C.Lerk of the Uommission of the City of bozeman I be, and he is hereby ordered and directed to pUbJ.ish in the Bozeman Daily Chronicle, a daily newspaper printed and published in the said City or 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 cos t and expense of construc-cing and making the improvements in the said Special Improvement District No. 436 in on file in the office of the Clerk of the Comm1saion subject to inspection for a period of five (5) daysj that said Notice shall state tne time and place at which objecti'ms will be heard by tne Commission to fue finai ~doption of this Resolutionj the t is sha.ll be published at leas t five (5) days before the da y 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 heid on the 16th day of September, i~164 . S.j R. Harry Morrow Ma yor ATTEST :: S/ C. K. Wilson Clerk of the Commission Finally passed and adopted by the Commission of the City of Bozeman a t a regular session thereof he id on the 23rd day of September, .1.964. 31 R. Harry Morrow Ma yor ATTEST: I SI C. K. Wilson Clerk of the Commission - - - - -- - - - - NOT ICE HEARING, FINAL ADOPTION OF COMMISSION RESOLUTION Nu. 1138 LEVYING ASSESStffiNT 3~ECIAL IMpROVE1lliNT DISTRICT NO. 436 CITY OF BOZEMAN, FOR THE COST OF CONSTRUCTING AND I'N'STAL- LING A WATER MAIN ON NORTH NINTH AVENUE BETWEEN BEALL STREET AND DURSTON ROAD, SAID WATER MAIN TO BE EIGHT (8) INCHES ArID OF CAST IRON, AND TO INSTALL A SIX (6) INCH CAST IRON WATER MAIN ON WEST VILLARD BETVVEEN NINTH AVENUE AND SEVENTH AVENUE, AND ALSO TO INSTALL WATER SERVICE LINES TO ALL LOTS WITHIn '!'HE DISTRICT INCLtJDING NECESSARY APPURTENANCES A ND WORK INCIDENTAL THERETO. NOTICE 13. HEREBY GTVEN, tna tat a regu.L~r sess ion of the Commission of The City of Bozeman heLd on the i6th day of September, i~64, Commission Resolution No. i138 was nrovisionalJ.Y passed and adopted: thHt said Comm- iss~on ResolutiQn levies and assesses a speoia,lassessment of taxes upon Qii the property in Specia~ Improvement Dlstrict No. 436 in said City, to defray the cost a.nd expenses of constructing and making the improvements witnin said District, to-wit: Beginning at the North one-4uarter corner of Section 12, Township 2 South Range 5 East, Montana principal Meridan, thence N. 8B 3~1 E along tne norther~y iine of the Brunton-Palfry Rearrangement of a portion of the Durston Subdivision to the City of Bozeman, Montana, a distance of 5U5.6 I feet to the true point of beginning; thence in a southerly direction along the easteriY ailey line of Biock 2, of said Rearrangement, being a~ong the westeriy .Lot iines of 14 through 26 of said Block 2, to t he southwesterly corner of Lot 14 of Block 2j thence smltheriY across West Villard Street to the northwesterJ.Y corner of Lot 4 of Biock 5 of said Rearrangement; thence southerly a.long the westeriY .lot lines of Lots 4, 5, 6, and 'lj thence southeriy aprallel to and lbu feet westerly from the westerly .line of Ninth Avenue North to a point of intersection 11.11 th tI1e southerly line of West Beall Street; thence easteriy aiong the southeriy line of West Beall Street to a point Ibu feet easteriy of the easterly iine of Ninth Avenue North; thence northerly parallel to and i5u feet distant from said easterLY iine of Ninth Avenue North to a point common to Lots .L, 2, '1 and 8 of Biock 6 of said Rearrangement; thence easterLY paraJl:.:tel to and 58.2 feet distant from the southerll line of West Viilard Street to I:\. point of ihtersection with the ceh er- .."- :t19 line of Seventh Avenue Nortn, thence norther~y aiong said centerline of Seventh Avenue North, a distHnce of 18'1.5 feet; thence westerly to the northeaster~y corner of Lot 13 of B~ock 3 of said Rearrangement; thence northerly aiong the easterly line of BioCk 3 to a point of inter- section m th the northerly Line of said rearrangement; thence wes terl.Y along said northeriy l.ine to tne true point of beginning. IncLuding within the above described exterior boundaries the fOl~owlng exterior boundaries the fOllowing lots and portions of lots or tracts: I Lots 14 through 26 inc~usive of B~ock 2; Lots 1 through 13 inCiusive of BloCk 3: Lots 4 through '1 inc~usive of Biock 5; Lots 1 through 4, in- clusive and Lot 8 of bLock 6; a~l with1n the Brunton-Palffy Rearrange- ment of a Port:lon of the Durs ton Subdlvislon; and aLSO por tions of Tracts 2, 3, '/, 8, 13 and 14 of Durston Subdivision. Ti18 t said Commiss lon Resolution No. li38 is now on file in the of fice of the C.Lerk 0 f me Gommls s lon, subject to insvect1.on for a period of five ( b) da ys by any persons in terested. Tna t Wednesday, tne 23rd day of September, 1~64 at l:uu O'CLOCk P.M., of s~id day at tne regular session of the s~ld Commission of the City of bozeman, at tne Commisslon Room, In t;he City Hall. BUild~ng of' said City, hBS been des~gnated as tae time and piace when and wnere tne sald O:nnmission will hear and pass upon anf and ai.L objections t;ha t may be made to the finai p<:>.s sage and adoption of Siaid Resolution No. 1.138, and the levying of said asses smen t, ~nd the t; said Rese lu tion wi 1.1 be fiDHiJ.Y pctssed and adopted at said reguiar session. ALl persons interested are referred to Commission Resolu tioD No. lUl:::5b, declaring it to be the intention of tae Commission to Create Special Improve- ment District No. 436, and Commission Resolution No. 1US9, creating Special Improvement District No. 436, for C'ins truc ting and me Idng the improvements therein. Da ted this 17th Day of September, 1964. SI C. K. Wilson Clerk of the Commission ------ I sta te of Man tana ) ss County of Gallatin ) I C. K. Wilson, Clerk of the Commission of the C 1ty 0 f Boz aman , Hereby certify tha t the foregoing Notice was published a t length in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said Oi ty in the Hssue of September 17th, 1964, and due proof of su.ch publica tion is on file in my office. IN WITNESS vnlE~EOF I HEnEm~TO SET MY HAND AND Affix the corporate seal of m;r office th1s Z.3~q, day of September, 1964 SI O. K. Wilson Clerk of the ~ommll~!on State of Montana ) ss County of Ba1Latin) I C. R. Wilson, Clerk of the Commissinn of the City of Bozeman, hereby certify that the foregoing Resolution No. l13e, was published by titLe and number in the Bozeman Daily Chronicle, a newspaper of General Circula ti'^Jn printed and ,;ublished in said C1 ty in the issue of September 29th, 1964 and due proof of such publica tion is on file 1n my office. IN WITNESS WHEREOF I hereunto set my hand and affix the officiai seal of my office this 30th day of September, 1964. I S/ C. K. Wi Ison Clerk of the Commission .. --. ._--