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HomeMy WebLinkAboutResolution 373 SID No. 291 - .--...---.. ---- .-------- 804 COMMISSION RESOLUTION NO. 373 .",I:J..!). ~...;;Jfro(; ,?",/ .A RESOLU1'ION 01" THE COMMISSION OF THE CITY OF BOZEMAN, MON'rANA, LEVY... <,>o-v I vf" / ING AND ASSESSING A SPECIAL ASSEssrmNT OF TAXES UPON ALL 'rEE PROPERTY ~ Il'~'" ,:(>,/ IN SPECIAL IMPROVEMENT DISTRICT NO. 291 IN THE CITY OF BOZEMAN, COUNTY J' ~ ~, OF GALLATIN, STATE OF MONTANA, '1'0 DEFRAY THE COST OF CONs'rRUCTING AND ~..- MAKING THE IMPHOVEMENTS WITHIN SAID SPECIAL IMPROVEIv1EWl' DIS1'RIC1' NO. 291. " ,- WHEREAS, The Commission of The City of Bozeman, did on the 26th day of January, 1935, duly and regularly pass Commission Resolution No. 283, entitled: I A RESOLU'I'ION OF TI-IE COTt.:ISSION OF 'rIm CITY or' BOZEMAN, STATE OF MOTJT ANA DECLARING IT TO BE THE IN'l'ENTICN OF SAID cmlMIS3ION '1'0 CREATE A SPECIAL DJIPROVEMEN'l' DISTRIc'r 1'0 BE KNOVVN AND DESIGNA'rED AS "SPECIAL IMPROVEMENT DISTRI c'r NO. 291" OF SAID CI'I'Y, FOR 'rHE PURPOSE OF CONSTRUCTING A SANITARY SEYlER IN THE NOHTHEASTERN POR'EION OF SAID CI'EY AND WITHIN THE BOUNDARIES Oli' SAID PROPOSED SPECIAL IMPROVEMENT DISTRICT NO. 291 AS IN rn-ns RESOLUTION DEFINED, AND TO SPECIALLY ASSESS THE ENTIHE COST AND EXPENSE OIe CONSTRUCTING SUCH SANITARY SEWER, (EXCEPT AS SUCH COST MAY BE REDUCED OR DIMINISHED BY LABOR AND SERVICE CONTRIBU'I'ED 'I'HErmrro BY THE FELmHAL EMERGENCY RELIEF ADMIN- ISTRATION OF THE GOVERNMEN'll OF THE UNITED STATES OF AIJIERICA), AGAINS'r THE PROPERTY WITHIN SAID DISTRICT, ON 'rHE AREA BASIS, UNDER AND BY VIRTUE OF Tlffi PROVISIONS OF SECTIONS 52255277, INCLUSIVE, HEVISED CODES OF MON'l'ANA, 1921, AND ANY AMENDMENTS THERETO. and thereafter, after due and legal proceedings had, the Commission of the City of Bozeman, did on the 30th day of November, 1935, duly pass Commi.ssion Resolution No. 320, entitled: A RESOLU'I1ION OF rrHE COMMISSION OF 'rEE CITY OF BOZE~,r,AN, STATE OF I.I0N1'ANA, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AND DESIGNATED AS "SPECIAL IMPROVEMENT DISTRICT NO. 291" OF SAID CITY FOR Tlill PURPOSE OF CONSTRUCTING A SANITARY SEWER IN 'rHE NOETHEASTERN POR'rION OF SAID Cl'EY AND WITHIN TI-IE BOUNDAHIES OF SAID PROPOSED SPECIAL lMPROVE?,1ENT DISTRI CT NO. 291 AS IN THIS RESOLUTION DEFINED, AND TO SPECIALLY ASSESS THE ENTIRE COST AND EXPENSE OF' CONSTRUC'rING SUCH SANI'rARY SEViER, (EXCEP'r AS ~mCH COST MAY BE REDUCED OR DIMINISHED BY LABOR AND SERVICE CONTRIBUTED 'llHEHE:TO BY TITE FEDERAL EMERGENCY RELIEF ADMINISTRATION OR ANY O'l'HER AGENCY OR AU'rHORITY OF 'rnE G-OVEHNMENT OF' ...___._..u_ ~} ')~ tJt a shall be delinquent is set forth in detail in the assessment list hereto attached, marked Schedule "Au, and made a part hereof; thGt 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 ma1ring the said improvements I wi thin said District; that the several sums so assessed be colle cted from the respective owners of said lots and parcels of land described in said assessment list Schedule "Au as required by law; that the payment of said sums shall be made in 8 installments and the payment of said installments shall extend over a period of 7 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 the 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 improve- ment taxes; that failure to pay such assessments when the same shall become due and payable shall make such persons and said lots andparcels 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 be held in the Con1mission Room, in the City Hall of said City, the 13th day of August, 1937, 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 Resolu_tioD will be heard by the Commission. I Section 3. Thn.t the Clerk of the Comm:ission 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 a special assessment of taxes to defray the cost and expense of constructing and making the improvements in saidSpecial Improve-- ment District No. 291 is on file in the office of the Clerk of theCommission subject to inspection for a period of five (5) days; 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; th'lt it shall be published at least five (5) days before the day set by the Commission for he'oring 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 6tb da;'t of August, 1937. ~L // / / / --' ...:.::' ,-.-.., -/ ~-.l- .. --c.---; Ma:}6r Attest: I /?fi~~ . Olerk of the Commission Finally passed and adopted by the Commission of the City of Bozeman at a re6~_illr session therof held on the 13th day of August, 1937. ~~+ / . .' --; .-/ ~-l- &----~-, Attest: Mayo~ . ~_,~I ..c erl:: of the Co~sion Resolution No. 373 -...--------- 30G NOT ICE ------ HEARING, FINAL ADOPTION OF RESOLu'rION NO. 373 LEVYINCJ- ASSESSMI~NT ;:}PECIAL IMPROVEMENT DISTRICT NO. 291, CITY OF BOZEMMT, SANITAHY SEWEH IN THE NORTHERN PACIFIC, BABCOCK & DAVIS, AND MCADOW'S ADDITIONS TO TIm CITY OF BOZm;lAN. NVcrCE IS HEREBY GIVEN, that at a regular session of the Commission of the C1 ty of Bozeman, held on Fri.day the 6th day of August, 1937, Commlssion Resolution No. 373, was duly passed and adopted; that said COlmn. i8sion Resolutlon levies and assesses I a special assessment of taxes upon all the property in Special Improvement District No. 291 in said City, to defray the cost and expense of constructing and making the improvements within said District, to-wit: itBeglnning a t a point in the North line of Main Street in the C:i. ty of Bozeman, Montana, said point belng 32 feet west of the southwest corner of "Bloc].:: 12, McAdow's Addition"; thence north parallel with the west line of said Block 12, McAdow'sAddition and Blocks 31 and 32 of Northern Pacific Addition to the center of the alley in said Block 32; thence eas t 32 feet to the eas t line of said Bloc1{ 32; thence nor th along the west line of said Block 32 of Northern Pacific Addition and the east line of Block 3 of Babcock & Davis' Addition to a point 100 feet south of the north line of said Block 3; thence west parallel with and 100 feet south of said north line of Block 3, Babcock &: Davis Addition, 326 feet to the east li.na of a "Surplus StriT)"of land which is used as an alley; tr"ence north alont; the east line of said "Surplus Strip" and said line extended across Davis Street to t'Je south line of THock 4, of said Babcock & Davis Addition; thence west to a point 150 feet east of t~e west line of sa:i.d Block 4, which is also the east Line of Wallace Avenue; thence north parallel with and 150 feet east of said east line of Wallace Avenue to the south line of Lut 4 in Block 7 of said Babcock & Davis Addition; thence east along the south line of said Lot 4 to a po:int 173 feet east of the west line of said Blocl;: 7; thence north parallel with and 173 feet east of said west line of Block 7 to the north line there- of, said line being also the south line of Peach Street; thence west along s~ld south line of Peach Street to the west line of Wallace Avenue; thence north alon~ said west line of Wallace Avenue to the center of the alJey (now vacated) in Blod:: J-07 of Northern Pacific Additbn; thence west along the center line of saLl vacnted alley in Block 107 to a point 50 feet east of the west line of said Blocl{, v"hich is also the east line of Church Avenue; thence :north parallel with and 50 feet east of said east line of Church Avenue to the center line of Aspen... Stl"'eet; thence wes t ala D.'. :;. the center I line of Aspen Street to the center line of Church Avenue; thence nort'l. alan: the center line of Church Avenue to the extended center lIne of the alley in Hlock 116 of said Northern Pacific Addition; thence west alon" the center line of said alley to a point 50 feet east of the east line of Rouse Avenue; thence nort'f'.. parallel w.th and 50 feet east of said east line of Rouse Avenue to the c~Dter line of the alley in Block 115, of said Northern pacific Additlon; thence/.ti~d:tig the center line of the alley iT": said Block 115 and the alley in Bloc1>:: 111 and the same extended to the center line of Front Street; thence s011theasterly along said center line of Front Street to its intersection witn the center line of Juniper Street; thence northeasterly at right an~les to the center line of Front Street to a point 111 feet from the northeasterly side line of said Front Street; thence southeasterly parallel with and 111 feet distant from said northeaterly side line of Front Street 1138 feet; thence southwesterly 111 feet to a point in the northeasterly side line of said Front Street at the northeast corner of a vacated portion of said street; thence along the northeasterl~ sid~ line of said vacated poriton of Front Street to the southeast corner thereof; thence north- easterly at right angles to said Front Street III feet; thence sou.theasterly v\rallel with said Front Street 900 feet; thence southwesterly to the northeast corner of Block 49 of said Northern Pacific Addition; thence southerly along the easterly line of said THocL 49 to the center of the alley which pn.rallels Prnt Street; thence northwesterly along the center line of said Alley to its intersection with the westerly side line of the alley which parallels i3,roadway; thence southerly along the westetly line of said alley to its intersection with the westerly side of Mill Creek; thence along the westerly side of said Mill Creek to a point in the north line of Lamme Street 120.6 feet east of the east line of Broadway; thence southerly ~arallel with said east line of Broadway to the south side of said Lamme' Street; thence west to a point 100 feet east of the east line of said Broadway; thence so1i1therly parallel with the east line of said Broadway to the south line of Mendenhall "Street; thence along the east line of Lots 1 to 12 in Block 30, of said Northern Pacific Addition, to a point i~ the north line of MaIn Street 110.6 feet east of the east line of said Broadway; thence west along the north line of said Main Street to its intersection wi t"1. the extended wes t line of Lindley Pe.r1c, said line bei,.-,-:: also the east line of I the tract of land owned by the Standard Oil Co. and designated as "Assessor's 'rract No. 4ft; thence south across Main Street and along the east line of said Standard Oil Co.'s tract to a point 140 feet south of the south line of said Main Street, as originally platted; thence west parallel with the ori~inal south Ij.ne of said Main Street and 140 feet south of same to a point 32 feet west of the east Line of vacated I.cla Avenue S.; thence north to the point of beginning." That, said Commission Resolution No. 373 is now on file in the office of the Clerk of the Commission, su'rject to inspection for a period of five (5) days by any persons interested. That Friday the 13th day of Auzust, 1937, at 7:30 o'clock P.M., of said day, 8.t the reg'ular session of the said Co:mmission of the Ci ty of Bozeman, Resolution No. 373 a07 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. 373, and the levyinG of said assessment, and that said Resolution will be finally passed and adopted at said regular session. I All persons interested are referred to Commission Resolution No. 283, declaring it to be the intention of the Commission to create Special Improvement District No. 291, and Commission Resolution No. 320, creating Special Improvement District No. 291 for constructing and makingthe improvements therein. Dated this 7th. day of August, 1937. ,~~~~/ Cl'erk Of the ommission State of Montana ) ) ss County of Gallatin ) I, L. G. Shadoan, Clerk of the Commiss'ion of the City of Bozeman, do hereby certify that the foregoing Notice in Re Commission Resolution No. 373 Was published at length in the Bozeman Daily Chronicle, a newspaper of general circulation printed and Dub" lished in said C:i.ty in the issue of August 7th, 1937, and that due proof of publication was made and filed in my office. IN WITlillSS Wm~REOF, I hereunto set my hand and affix the seal of my office this I 9th day of August, 1937. x~~~~~