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HomeMy WebLinkAboutResolution 454 Improvements on SID No. 327 ~ ')1 ""~ C> ~ c. ~ ~ ' ex ~eo COll:MISSION RESOLUTION NO. 454 ~.~""'o/ ~\t '"t-:: "'" '.% " A RESOLUTIOK OF THE COrvU,:ISSION OF THE CITY OF BOZEMAN, MOYTANA, LEVYING AND "'~ """ ASSESSING A SPECIAL ASSESSTv'JmT OF TAXES UPON ALL THE PROPERTY IN SEPCIAL "'" IMFROVE1{ENT DISTRICT NO. 327 IN THE CITY OF BOZEMAN, COUNTY OF GALLA TIN, " STATE OF MONTANA, TO DEFRAY TIE COST OF CONSTRUCTING AND MAKING THE IM- pROVE!f.ENTS WITHIN SAli) SPECIAL IMliROVETI-TENT DISTRICT NO. 327. WHEREAS, The City Commission of The City of Bozeman, did on the 21st day of October, I 1938, duly and regularly pass Commission Resolution No. 437, entitled: A RESOLUTION OF THB COMMISSION OF THE CITY OF BOZ:2;r,:AN, MOIJrrANA, DECLARING IT TO B3 THE INTENTION OF SAID COrn.FSSION TO CREA TE A SPECIAL IMPROVEMENT DISTRICT TO BE ImOWN AND DESIGNAT3D AS "SPECIAL n:l:'ROVE?,mNT DISTRICT NUM- BER 327" OF SAID CITY FOR TH]i; PURPOSE OF CONSTRUCTING A SANITARY SE'IVER ON MONTANA AVENUE FROM THE CENTr';R OF EAsrI' ASPEN S'l'REET, SOUTH A SUPPICIENT DISTANCE TO SERVE ALL TE=~ PROPERTY BORDERING ON SAID MONTANA AVENUE BETWEEN BEALL STREET AND ASPEN STREET, \VITHIN SAID CITY, AND TO SPECIALLY ASSESS TIE ENTIRE COST AND EXPENSE OF CQIlTSTRUCTING SAID SEWER AGAINST THE PROPERTY WITHIN SAIDSPECIAL IMPROVEMENT DISTRICT AS CREATED, AND HEReIN DESCRIBED, UNDER ANJ BY VIRTUE OP !:PHI~ PROVISIONS OF SECTIONS 5225 TO 5277, INCLUEHVE , REVISED CODES OF MONTANA 1935, AND ANY AMENDM3NTS THERETO. and thereafter, after due and legal proceedin~s had, the Co~ission of The City of Bozeman did on the 2nd day of December, 1938, duly pass Commission Resolution No. 438, entitled: A RESOLUTION OF THE COMMISSIJN OF THE CITY OF BOZEMAN, ST1\TE OF r,'L)NTAN~, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BS KNOvVN AND DESIGNAT2D AS IISPECIAL IMPROVEMENT DISTRICT NUMBER 327" OF SAID CITY FOR THE PURPOSE OF CONSTRUCTIhG A SANITARY SEWER ON MONTANA AVENUE FROM THE C~NTER OF EAST ASPEN STR:~ET, SOUTH A SUPl;'ICn~NT DISTANCE TO SERVE ALL THE.. PROPER?f BOR- DERING ON SAT;) MONTANA AVENUE BETWEEN BEALL STREET AND ASPEN STREET, iiITHIN SAID CITY, ANO TO SPECIALLY ASSESS THE }~NTIRE COST AND EXFENSE OF CONSTRUC- TING SAID SANITARY SK\'lER AGAINST THE PROPERTY WITHIN SAL) DISTRICT UNDER AND BY VIRTUE OF THE FROVISIONS OF SECTIONS 5225-5277, INCLUSIVE, POLrrrICAL CODE, R. C. MON'rANA 1935, AND ANY AMENDMENTS TI-mRETO. I which Commission Resolutions Nos. 437 and 438, 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 tllorein the estimated cost of said improvemen ts and the met.!:Jod of assessing the cost against the property within said district; and WHEREAS, said improvements as contemplated in said Commission Resolution Nos. 437 and 438 have been constructed and completed in accordance with the terms and conditions of Commission Resolutions Nos. 437 and 438, and the total cost of said improvements so constructed is the sum of Three Thousand Eight Hundred Seventy-nine Dolars and Seventy- one Cen ts, ($3,879.71). NOVl, TI-IEREPORE, pursuant to the provisions of Sections 5225 to 527'?5 and 5485, R. C. M., 1935, and amendments thereto, BE IT RESOLVED AND IT IS IEREBY ORDERED BY THE cOMrvassIoN Oli' THE CITY OF BOZEMAN, STNrE OF MONTANA Section 1. That to defray the cost and expense of constructing and'making the im- provements in said Special Improvement District No. 327, there be, and there is hereby levied and assessed 'a tax amounting to the sum of Three Thousand Eight Hundred Seventy- I nine Dollars and Seventy-one Cents, (~3,879.7l) upon all the property in said Special Improvement District No. 327; 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 improve- ments and the amount of each partial pa'YTIlent to be made and the day when the sa.me 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 5fJ respectively levied and assessed upon and against said described lots and parcels of land to defray the cost and ex;"ense of constructing and making improvements within said dis tric t; that the several sums so assessed be collected from the respective owners of said lots and parcelsof land described in sald assessment list, Schedu Ie It A" , as re- quired by 18. W; that the payment of said sums shall be made in ten installments and the payment of said installments shall extend over a period of nine years; tha t the pa y- I ment of the respective annual installments shall be made on or before the 30th day of Novenber of each year until payY:1ent of all installments together witlJ the interest thereof, shall be made; that said sums shall be paid and tbe collection thereof shall be made in the manner and in accordance with thelaw governing the collection of special improvement taxes; tho. t failure to pay such assessments when the same become due and payable shall mal{e suerl persons and salCl lots and parcels of land liable to the penal- ties provided by law relative to delin'iuent taxes; See tion 2. That the regular session of the Commis~don of The City of Bozenmn to be held in the Commiss ion Obawber in the Ci ty Hall of sHid Oi ty on t11e 15th day of September, 1939 at 7:30 o'clock, P.M.' be, and the same is herebv desi~nated as the ""' .....",. tirr e and place a t which ob ;jections to the final adoption of this Resolu tioD will be b.eard by the said Commission. Section 3. Th3 t the Clerk of the vOTY"imission of '1'1'10 01 ty of Bozem~m be, and. he is hereby ordered and directed to publisb in the Bozeman Daily ChronIcle, a daily newspaper printed and VJblished in said City of Bozeman, a notice signed by the Clerk of the Com- mission and statinG that a Resolution levying and assessing a special assessment of I taxes to defray the cost and expense of constructing and making the improvements in the said Special Improvement District No. 327 is on file in the 0 ffice of the Clerk of the Counrlission sub.iect to inspection for a poriod of five (5) de. ys ; that said notice shall state the time and place at which objections will be heRrd by the Commission to the final adoption of this Resolution; that it shall be published at least five (5) days before the day se t by the Commiss ion for the hearing of ob .iec tions and the final adop- tion of this Resolution. Provisionally passed and adopted by the Commission of The Ci ty of Bozeman at a regular session thereof held on the 8th day of September, 1939. ~~1L 1:,a yo r Finally passed and adopted by tbe Comm~ssion of tl:.e City of Bozeman at a. regular session thereof held on the 15tb day of Septewber, 1939. I Ma yor _.- Commission Resolution No. 454 h7 t) NOT ICE ------ HEARING, FIKA.L ADOPTIOK OP RESOLUTIOR NO. 454 LEVYING ASSESS1illNT SPECIAL H'rPROVm'ENT DISTRICT NO. 327, CITY OF BOZE~AN, FOR SANITARY SEvVER ON MONTANA AVE KU>; BETWEEN BEALL AND ASPEN STREEfrS. NOTICE IS HERliJ3Y GIVEN, that at a regular session of the Commission of The City of Bozeman, held on Priday the 8tb day of September, 1939, Commission Res~lution No. I 454 was provisionally passed and adopted; th at said Commis s ion Resolution No. 454 levies and assesses a special assessment of taxes upon all the property in Special Improvement District No. 327 in saiel City to defray the cost and expense of constructing and maldng the improvements within said District; Tha t, said Commission Resolution No. 454, is now on file in the office of the Clerk of the Cornmis s ion sub jec t to inspec tion for a period of five (5) days by any persons in teres ted. Th.~t Friday the l5tl1 day of September, 1939, at 7:30 o'clock P.M. of said da :.T, at the regular session of the said Commission of The City of Bozeman at the Commis- sion Chamber in the CitJ1' Hall Build.ing of said City, has been designated as the time and place when and where the said Commission will hear and pass upon a ny and all objections tha t ma J1' be made to the final passage and adoption of said Resolution No. 454 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.. 437, declaring it to be the intention of the Cornm~.ssion to create Special Improvement District No. 327, and Commission Resol1Jtion No. 438, creating Special Improvement ~istrict No. 327. I Dated this 9th day of September, 1939. ~;~ C erk of the Comr.lission. Sta te of j'lontana ) ) ss ,., ) ~ounty of Gal18tin I, L. G. Shadoan, Cler1'\: of the Commission of The City of Bozeman do hereby certify that the foregoing Notice Commission Resolution No. 454 was published at length in the Bozeman DailJ1' Chronicle, a newspaper printed and published in said City in the issue of September 9th, 1939, and that due proof is on file in my office. . IN VVITNESS 'vmEREOF I lEREUNTO set my hand and affix tl--:.e seal of my office this 11th day of Se0tember, 1939. ~f' the Commiss ion Sta. te of Mon tana ) \ S8