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HomeMy WebLinkAboutResolution 456 Improvements on SID No. 329 -- . --... cor.nrISSION RESOLUTION 1W. 456 Ht A RESOLUTION" Ql' THE COMMIS,~)ION OJ? 'rIG CITY OF BOZmU.lN, MOKTf,NA, LE\i'YIKG AND ASS~3S ING A SPECIf.L ASSESSlym}~T OF TAXES upm~ ALL 'rIm PROPERTY IN SF.ECIAL IlvlPROVm::m,JT DISTRICT NO. 329 IN 1'H~ CITY OF BOZEViYJ COlnTTY OF GALLATIN, STA'l'E OF NiONTAi'-'A, TO DI':FRAY r~'HE COS']' OF COHSrrRUCTING A1TD MAKING Tim HIPROVE-t 1J:"rmTS.'iITHn~ SA I;) SP>;CIAL IMPTIOVElLEN'r DI:.5TB.ICT no. 329. WEEREAS, the City Commission of the City of Bozeman, did on the 12th day of May, 1939, duly and regu1arl:r pass Commission Resolution No. 433, entitled: I"l'( ':'11.(' .Jr.;'r J ", ~'('6 (';4<:t I A R~!;SOLUTI01\ 0:" '1'HE CO!\HnSSION OF TEE CI'l'Y OF BOZEMAN, MONT\F!\.. DE.. "-- "~:.t ',,'I;;. 6q CLfl.l'1IEG IT '1'0 BE rI'h1~ IWI'IQTTION OF SAE) COMlHSSION TO CTIEA'I'E A SPECIAL '4 >-- 'vr-' n:, nOVEMEI\"T DI,<~'PTIIC~r 'I'O BE ENO'iVN AND DESIGNATED AS SPECIAL nCPROVE.. "--fly ---. ", .. i5 '-" '.<. ." MENT DIS'l'RICT NO. 329, I"()E THE PURPOSE OF PAVING THE SINGL:~: BLOCK ',................ ON OLIVE STHEET BETVnmN 30ZE1-:;..\N A VENUS AND BLACK AVENUE, '1'HE SINGLE BLOCK ON OLIVE STHEET:i'ROM BLACE AVENUE rEO ~'RACY AVI:NUE AN_:) 'I'O PAVE AND cmm 'l'IE~ SINGE::; BLOCK ON CURTISS STREE'l' .b'ROM TRACY A VENUE TO BLACK AVENUE. THE ~;AI::) PAVING 'ro BE'-':ITIER TWO AIm ONE-IIALF INCH PENOLITHIC ON A POUR-INCH CRUSHED ROCK BASi'; OR OILED GRAVl!:L I'.IACADl'J.'I ON A 6-INCH GRAVEL BASE, AND '1'0 SPECIALLY ASSESS TI-ffi COST OP SUCH IMPROVEMli:N'r AGAINST PfWPERTY 'dlTEIN SAID SPECIAL IMPROVEMENT DI8TRICT AS PROPOSED 'l'O BE CR2ATED Al\"D AS rrs BOUNDARIES Anll~ HEREIN DESCRIBED, THE CURTISS STREET CURB TO 3E ASSESSED AGADJST ONLY 'I'HAT PORTION QL;' 'I'In~ PROJ.'2RTY .,ITIIIH SAID l'ROPOSED DISTRICT WHICH SHALL DE SPECIALLY BENi~FITTZD TmmEB'! A};D AS DI THIS RESOLurrION DESCRIBED, THE SINGLE BLOCKS ON OLIVE STREET ImREIN DESCRIBED BEING NOW CURBED A~1) THE COST THEREOF ASSESSED AGAIlTST ADJAC'~;NT FEOPERTY. ALL UNDER 'I'IIg PHOVISI()N~3 OF' SECTIONS 5225 'fa 5277, n~CLUSIVE, 01<' 'rHE REVISED CO$ES OF MONTANA, 1935, i'lliD ANY AI'ITENm':.IZWrs 'l'HImETO, ANI) PARTICULARLY TIrE AIlmNDMKNT OF' SECTION 5229 AS 1,:ADE BY CHAPTER 36 (IIOUS~ BILL NO. 52') QI" 712 ACTS OIo' 'r1-ill 26th LCGISLATIVE ASSEMBLY o:.c' 'l'IiF'; STNI.'E OF lWHTANI\., 1939, AFPROVED PEBI1UARY 17th, 1939. and thereafter, a.fter due and legal proceedings bad, the Co:r.rmission of the City of Boz- eman did on the 9th day of June, 1939, duly pass Commission Resolution No. 437A, entitled: A RESOLUTION OI" TIE CITY COM1TISSION 01" THE C I'l'Y OF BOZEMAN, MONT.A.Nil, CEEATDJG A SPJWIAL HIPROVEElmT DICrrRICT TO BE IG';OWN AS SPECIAL 1M.. I PROVmiJ.i:F-T DISTRICT NTHn3ICR 329 O? THE CITY OF BOZENJ\N, :FDR TF...E PUR-t .POSE OF' PAVING '1' HE SINGLE BLQnC ON OLIVE STREET BETWEEN BOZEMAN AVENUE AND BLACK AVL~NTJE, TIE SINGLE BLOCK ON OLIVE STREET 1"ROM: BLACK A V:J:NUE TO TRACYA\;rJ~NUE flND TO PA VB AND Cm\B TlII~ SIEGLE I::LOCK ON CURTISS STREE'}' FRQIrr TR~CY A V~1\iU'~ '1'0 BLACK AVErUE. THE SAI.J PAVING TO BE TV:fO AND ONE-IUILF INCH PF~NOLITHIC OF A FOUR-IECH CPRSHED ROCK BASE, AND TO SPECIALLY ASSESS THE COST OF SUCH HIRROVEMENT AGAINST PROPSR'l'Y WITHIN SAID SPECIAL IMRPOVEl.mNT DI~;TIUCT, TH3 CURTISS STREET CURB TO BE ASSESSED AGAINSrr ONLY 'rW'.T PORTION Oli' Tr::E FROP2R'fY VII THIN SAID PRO+ POSED DISTRICT WHICH S111'.LL IE SPECLI1~LLY BENEF'ITrrZD 'J'H::REBY AND AS n: rr;~IS HESOLUTION DSSGIUDE:D, TLm SI1TGL;:; BLOCKS OE OLIVE STREET HST'EIN DESCRIBED [3L~ING NOW CUHimD AND 'I'HE C08r1' rl'HEREOIi' ASSESSED AGAINST ADJAC:'I:NT PROPERTY. ALL UND:2;R THE PROVISIONS OF SECTIONS 5225 TO 5277, INCLUSIV:L~, OF TIill REVISED CODES OF' rl'~ONTANA, 1935, l\ND ANY AI,rGNDNENTS TIEHETO, AND F ART I CULJ\HLY 'l'm~ ;J\'!ENm:J.~N'r OF SECTION 5229 AS EADE BY CHAPTER 36 (HOUSE BILL NO. 52:) OE: THE ACTS OP TIill 26th LEGISLATIV~~ ASSI:l':DLY OF 'l'Im STA'l'E OF M:OKTANA, 1939, APPROVED FEDRUARY 17th, 1939. which Commission Resolutions Nos. 433 and 437A, passed as aforesaid, are hereby referred to and made a part of this resolution for further particulars in respect to the bound- aries of said district, the character of the improvements to be constructed therein, the estimated cost of said improvements and the method of assessing the cost aGainst the property within said district; and VvllEREAS, said improvemen ts as contemplated in said COIT~isslon Resolution Nos. I have been constructed and co~pl ted in accordance with the ter~s and conditions of 435 and 437A,/and the total cost of said improvements so constructed is the sum of Ten 0 0 Thousand. Six Hundred Seventy-two Dollars and Seventy-one Cents, (~?10,672.71) . 2 ~ f-)' OJ NOVv' TH::t:RED'ORE, pursuant to the provisions of Sections 5225 to 5277.5 and 5485, CiJ If:::. f-" (NO R. C. M., 1935, and amendments thereto, (N::S R>::O BE 111 RESOLVED AND IT IS BERSBY ORD2RED BY THE COMMISSION OF 'l'lrE CD 1f:::.(JJ CITY OF BOZErviAN, STA'I'E OF MOlSTANA: (NO ....;jl--' >~ Section 1. That to defray the cost and expense of constructing and making the '" rt f-" 0 .--..--...-...".-.-- 62. . . hereb:r levJ.ed and assesrrsd a tax aDountlng to tr~e sum of Ten Thousand Six Hi.lndred Seventy-two Dollars and Seventy-one Cents, CplQ,672.71) upon a 11 the property in said Special Improvement District No. 326: that a particular description of each lot and parcel of land with the na:rre of the owner and the sun assessed against him or it for slJch improvements and the amount of each partial payment to be made and the day when the same shall be delinouent is set forth in detail in the assessment list therto a ttached, marked Schedule U'A"f, and made a part hereof; tha t the several sums set I 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 lot~ and parcels of land to defray tlm cost and expense of constructing and makine improve- ments wi thin said Dis trict; and the several sums so assessed be collected from the respective mmers of said lots and parcels of land described in said assessment list, Schedule II An" as required by law; that the pa yment of said sums shall be made in twen ty installments and the pa:;ment of' said installments shall extend over a period of' nine- teen yoars; 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 thereof, shall be I11<'lde; that said S1.1mS shall be paid and the collection thereof shall be made in the manner and in accordance with the law governing the collec- tion of special improvement taxes; that failure to pay such assessments when the same become due r:md payable shall ma}{e 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 r1'he City of Bozeman to be held in the Commission Chamber in the City Ifull of said City on the 2~th day of I September, 1939, at 7:30 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 the said Cormnission. Section 3. That the Clerk of the Comrndssion of The City of Bozeman be, and he is hereby ordered and directed to publish in the Bozeman Daily Chronicle, a daily news- paper printed and published in the said Ci t;,. of Bozeman, a no tice s ignecl by the Clerk of the Commission and stating that a Resolution levyinG and assess:ine: a Special assess- men t of taxes to defra.~T the cas t and expense of cons true tinr", and making the improve- men ts in the said Special Improvement ~)is trie t No. 329 is on file in the office of the Clerk of the Commission subject to inspection for a period of five (5) da:rs; that said notice shall state the time and place at which objections will be heard by the Commis- s ion to the final adoption of this Resolution j that it shall be publis hed at leas t five (5) days before the day set by the Connnission for the hearinG of objections md the f mal adoption of this Resolution. Provisionally passed and adopted by the C:ommisslon of 'fhe.. City of Bozeman at a I regular session thereof held on the 22nd day of' September, 1939. At.test: . (h.//~ a~ - / ]tayor -.. -~/---P(--n/ - ,--~-,_.~-- Clerl{ 0 the Uommis s ion Finally passed and add:zpted b7;t the Commission of The City of Bozeman at a r ecu1ar session thereof held on the 29th day of September, 1939. Resolution No. 456 .__.._..__._.._nn_...".___.._ _____ -- ..--....--... .-. __."...__.u ._.. ~ 63 ;\ t te s t : '''-'-- - .. ~."-""""".--'--''''~'''--''.'''''--_.~ /~ ~.._-_.._---- Clerk of the CommissIon rOT Ice ------ H~i:A;nE'~"T , ~;'TN}iL ADOi'TION OF' R:~SOI;U'I'IO}; NO. 456 LEVYING /\.8SESSI;IENT Sl)T~CIAL I:]~nO'\1E:, ~~lIT :)ISTRIO'r NO. 329, Clrry OP BOZ~:T\:AN, PO II. PAVING OLIVE: g'.;:T';ri::i:lJ TRACYinr) BO::T.:!.'!.'!.};: ;\!: :)~'A VII'IG CURTISS ~j2T~'m!:;N TRACY AHi) BLl\.CKA V2NUc;S . I 11"0'1'IC6 IS II:';l1EBY GIVBN, tha tat a rep;ular session of the Commission of The Oi ty of Bozeman, held on Friday, the 22nd day of September, 1939, Comnlssion Resolution No. 156 was provisionally passed and adopted; that saiel COr.L"111ss1on Hesolution No. 456 levies and assesses a special assessment of taxes upon all the property in Special Improvement Uis trict No. 3:::9 in sa id Ci t7T to defray the cos t and expens e of cons true tine and Makinr the iMproveMents within said ~istrict: Tha t, said Commission Hesolution No. 156 is now on file in the office of the Clerk of the COTImission subject to inspection for a period of five (5) days by any persons in tere s ted. That Priday the 29th da:r of September, 1939, at 7:30 o'clock P.M., of saId dav, at the rep"ular sossion of' the saicl;';omTIisslon of 'rrw Citv of Bozeman at the Commis- u Chamber, i~ the City Hall BullcUna:. of sald City has been" desipnAted as the time and place sion/w~_ll hear and pa8::, upon any and all objections that may be made to the final passage when and nnd adoptlon of said Hesolution !~o. 156 and the levyinr; of said as sessmen t, and that where said said I{esolution will be finally passed and adopted a t said regular session. Commission All persons interestod are referred to CODMission Resolution No. 433, declaring it to be the inten tion of the CO:mr.1ission to crea te Special Improvelnon t Dis tric t Ko. 329" and Con~ission Resolution No. 437A, creating Special ImproveT'1ent .Ji:~trict No. 32) . I Dated this 23rd da:; of September 1939. ~A~~~---------- State of Montana ) ) ss County of Gallatin) I, L. G. Shadoan" Clerk of' the Con~isslon of The City of Bozeman do hereby certify tha t the foregoing lJo tice Commis s ion Reaolu ti on 1;0. 456, yms published at length in the Bozeman-:-)aily Chronicle, a newspaper of c;eneral circulation printed and published in said 01 ty in the issue of SeptemlJer 24th" 1939 ; and that due proof is on file in my office. IN '.'JITN:::::SC '\IE:~:\.;m:F' I hereun to set ny hand and affix the seal of my office this ~Z5th da,;,' of September, 1939. LA~-~---_.- Clerk of the ommission Sta te of 11:ontana ) ) ss County of Gallatin) I I, (1 Clerk of the Cm~'Jniss ion of The Ci ty of Bozeman do hereby certify L. -.J. Shadoan, that the forer~oinp' Commission Resolution No.