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HomeMy WebLinkAboutResolution 773 Taxes for SID 370 --..-......-.......... 452 I COMMISSION RESOLUTION NO. 773 A RESOLUTION OF THE COMMISSION ,)F 'rl-IE GIffY O}.' BOZEMAN, MONTANA LEVYING AND ASSESSING A SPECIAL ASSESSMENT Of' TAXES UPON ALL THE: PROPER'ry IN SPECIAL IMPROVEMENT DTSTRICT NO. 370 IN 'fEE CITY OF BOZEMAN, COUNTY OF (JALLATIN, STATE OF MONTANA, TO DEFRAY THE COS'I' OF CONS'fRUCTING AND MAK- ING THE IMPROVEMENTS WI'fHIN SAID SPEC':AL IMPROVEME"IT DISTRICT NO. 370 WHEREAS, The Ctty Commission of The City of Bozeman, did on the 8th day of April 1953, duly and regularly pass Commission Resolution'No. 733, entitled: A RESOLUTION )F THE CITY COMMISSION OF THE CI'fY OF BOZEMAN, MON'fANA DECLARING IT TO BE THE INTENTION OF SAID COMMIS~ION TO CREATE A SPECIAL IMPROVEMENT DISTRICT OF SAID CITY TO BE KNOWN AND DESIGNA'fED AS "SPECIAL IMPR()VEMENT DIS'fRIC'f NO .370 OF 'rrtE CI'fY OF BOZE- MAN FOR 'fHE PURPOSE OF CONS'fRUC'rING AND INSTALLING A SANITARY SEWER CN SOU'l'H CHURCH AVENUE FROM STORY STREET SOUTH FOR A DISTANCE OF APPROXIMATELY FOUR HUNDRED (400) FEET, AND TO SPECTALLY ASSESS THE COST OF' SUCH CONSTRUCTION AND INSTALLATION AGAINST TiIE PROPERTY WITHIN THE BOUNDARIESJF' SAID SPECIAL IMPROVEMENT DISTRICT SO CREA'rED ON A FRONT FOOT BASIS, PURSUANT TO THE STA'rUTE IN SUCH CASES MADE Nm PROVIDED. and thereafter, after due and legal proceedings had, the Commission of The City of Bozeman did on the 26th day of August, 1953, duly pass Commission Resolution No. 748, entitled: A RESOLU'fION OF 'rHE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANJ\, CFEA'.nNG A SPECIAL I IMPROVEMENT DISJrRICT OF SAln CITY TO BS KNOWN A1ITD DESIGNA'rED AS SPECIAL IMPROVEMENT DISTRICT NO. 370 FOR 'rHE PlJRPOSE)F COl'1S'rRUCTING MID INSTALLING A SANITARY STi'WER IN SOUTH CHURCH A VENUE F'ROM STORY STREET SOU'rH 'FOR A DISTANCE OF APPROXIMATELV FOUR HUNDRED (400) FEET, AND 'ro SPECIALLY ASSESS THE COST 'JF SUCH CONSTRUCTION AND INS'rALLA TION AGA lNST 'rHE PROPERTY WITHIN 'rHE BOUNDARIES OF SAID SPECIAL IMPROVEMENT DISTRICT SO CREA'rED ON A FRONT FOOT BASIS, PURSUANT TO 'rHE S'fA'rU'l'ES IN SUCH CASES MADE AND PROVIDED AND PURSUANT TO AND IN CONF'ORMI'rY WITH COMMISSION RESOLUTION NUMBER 733 O!~ SAID CITY COMMISSION AS PASSED AND ADOPTED BY SAID CITY COM1\iIISSIOI,r ON THE 23rd DAY OF FEBRUARY, A. D. 195.3. which Commission Resolutions Nos. 733 and 7~8, 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 tIle improvements to be constructed therein, the estimated cost of said improvements and the method of assessing the cost a8ainst the property within said district, and WHEREAS, said improvements as contemplated in said Commission Resolutions Nos. 733 and ?1~8 have been constructed and completed in accordance with the terms and conditions of Commission Resolutions Nos 733 and 7L!8, and the total cost of said improvements so construct- ed is the s urn of One Thousand Seven Hundred Fifty-nine and 51/100 ($;1,759.51) . NOW, THEREFORE, pursuant to the provisions of Sections 5225 50 5277.5 and 5485, R.C.M., 19.35 and amendments thereto, 1- BE IT RESOLVED AND IT IS HEREBY ORDERED BY 'fIlE COMMISSION uF THE CI'rY \)F' BOZEMAN, STATE OJ:<' MONTANA: Section 1. That to defray the cost and expense of constructing and making the Impr~ve- ment District No. 370, there be, and there is hereby levied and assessed a tax amounting to the sum of One:)'rhousand Seven Hundred Fifty-nine and 51/100 Dollars ($1,759.51) ----- upon all the property in said Special Improvement District No. 370, that a particular description of eaeh lot and parcel of land with the name of the owner and the sum assessed againeJt hLrn --- or it for such improvements and the amoult of each partial payment to be made and the 458 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 opposi.te 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- crtbed lots and parcels of land to defray the cost and expense of constructing and ~ I 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 "An, as required by law; that the payment of said sums shall be made in ten (10) installments and the payment of said installments shall extend over a period of nine (9) years; that the payment of the respective annual installments shall be made on or before the 30th day of November of each year \mtil 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; tha t failure to pay such assessments when the same become due and payable shall make sllch 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 Commissi.on of 'rhe City of j3o?:eman to be held in the Commission Chamber in the City Hall of said City on the 13th day of October, 195h, at l:pp o'clock P. M. , be, and the same is hereby designated as the time and place at which objections to tne final adoption of thls Resolution will be heard by said Commission. I 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. 370 is on file in the office of the Clerk of the Commission subject to inspection for a period of five (5) days; tl1at 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 Connnission for the hearing of objections and the final adoption of this Resolution. Provisionally passed and adopted by the Commission of 'rhe City of Bozeman at a regular session thereof held on the 2yth day of Septemb8r, lY5~. Attest: ~fL #~ I ClerK l' the City Commission Finally passed and adopted by the Cornmisslon of The City of BozemfJn at a regular session thereof held on the 13th day of October, 195h. Attest: ~/L ~rf~- ~- ~~ Clerk of t e City Commission Resolution No. 773 . --- .--. - -- ------- 454 NOTICE HEARING, FIT\TAL ADOP'rION OF COMMISSION RESOLrJTION NO. 773, LEVYING ASSESSMENT SPECIAL IMPROVEMENT DISTRICT NO.. 37C t CITY OF BOZE.M:AN, SANITARY SEWER ON SOUTH CHUR.CH Avr~Nl1E FROM S'fORY S'rREET SOUTH FOR A DISTANCE OF APPROXIMATELY FOUR HUNDTIED (400) FEET, IN SAID CITY. NOTICE IS HEREBY GIVEN, that at a regular session of the Commission of The City of Bozeman held on the 29th day of September, 1954, Commission Resolution No. 773 was provisionally passed and adopted; that said Comm ssion Resolution levies and assesses a. special assessment of taxes upon all the property in Special Im;Jrovement Di3trict No. I 370 in said City, to dAfray the cost and expense of constructing and making the improve- ments within said District, to-wit: Beginning at the Nor thwest Corner of Lot Fifteen (1.5) of Block Two ( 2) , of the Electric Heights Addition to the City of B1zeman, M~ntana, thence Easterly along the North LinesJ f Lots Fifteen (15), Fourteen (lIt), Thirteen {.13), and 'rwel ve (12), of said Block Two (2), 100 feet; thence Southerly 100 feet distant from and parllel to the West Lines of Blocks Two ( 2) and Three (3) , of said Electric Heights Addition and said Lines extended, to the center line of vacated Alderson Street; thence Westerly along the center line of said vacated Alderson street to an in- tersection with the So~therly extension of the West Line of said Block Three (3); thence Northerly al~ng the Southerly extension of the West Ltne of said Block Three (3) to an intersection with the E,.sterl:v extensio n of the South Line of a tract conveyed by Albert Nyhus to Anna Nyhus to R)bert K. DeWeese and Genevieve A. DeWeese on May 18, 1950, and recoreded in Gallatin COllnty Record of Deeds, Volume 101, Page 476; thence Westerly along the extension of the South Line of said DeWeese tract and the South Line of said tract to a point 100 feet Westerly from the southeast Corner of said tract; thence Northerly 100 feet distant from and parallel to the West Line of Church Avenue to a point :m the South L' ne of Story Street; thence Easterly along the South L:ne of Story Street and the extension of said South L ne of Story Street to the point of beginning. That said Commission Resolution No. 773 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. 'rhat Wednesday, the 13th day of October, 1954 , at 1:00 o'clock P. M., of said day at the regular session of the said Commission of The City of J3oz"~r1an, at the I Commission Room, in the City Hall iluilding of said City, has been designated as the time and place when and where the said Commission will hear and pas8 upon any and all objections tha t may be made to the final passage and adoption of said Reso11.1tion No. 773, and the levying of said assessment, and that said Resolution will be finally passed and adopted at said regular session. All pers::ms interAsted are referred to Commission Pesol ution No. 773, declaring it to be the intention of tl1e Commission to create Special Improvement District No. 370, and Commission Resolution No. 748, cre8ting Special Improvement District No. 370, for constructing and making the improvements therein.. Dated September 29th 1954. "~k~ Glerk of the Commission State of Montana ) County of Gallatin ) ss I~ L. G. Shadoan, Clerk of the Commission of The City ofBozemanQ do h~reb:v certify that the foregoing Notice, Commission Resol!ltion No. 773 was published at length in the Bo zeman Dei ly Chronicle, H newspaper of general circulat:on pr'inted and published in said I C' t Y in the is sue 0 r Oc tober Lith, 195Lt, and tha t due proof of s11ch pub1 :iCB tlon is on f'iIe in my office. IN 1}VT'PNESS WHEREOF I HEPKUNTO set my hand and affix the corporate seal of my office this 5th d~ of October, 1 95LI . /~~ .......-./ Clerk ,d the Commission State of Montana ) County of Gallatin ) ss I, L. G. Shadoan, Clerk of the Co:nmission of 'rhe City of Bozeman do hereby certify thEt the foregoing Commissiorr P",solution No. 773 was published by title and numl)er in the Bozeman Dei ly Chronicle, a newspaper of general circum tion printed and published in said City in the issue of October 15th, 1954, and thvt dlIe proof of such publicBtion Is on file in my office. IN WI'rNESS 1;,lHEREOF' I hereunto set my hand and affix the corporate seal ')f my office this 16th day of October, 195~. c/~~~ ~J _._J Cla'k of the CortL.'1lission Resolution Nu. 773.