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HomeMy WebLinkAboutResolution 347 SID No. 301 _...",-,- - 'J'Jf '-..If. ) ~J>- / , ,,' ~ ","fi ?o/ t:c'O' Yo;'}- / COMMISSION RESOLUTION NO. 347 J -\, t.. /;/... A RESOLUTION O}' THE COMMISSION OJ? THE CITY OF BOZET',lAIT, MONTANA, ,/ L""'vypTr; A"D Pc "S"i'ssrr A C'PE('IAL Asc'ES"l'T1<'N'P OTi' :, AX""(} UPON AT L , 1:.... ":"\j\J 1\J '.d..) 1.1 "~I \,...4 .::J ....,.J, I.,)" ~J,h,.,I...J....I. J_ 1 ,_ I..) 1 ".I ,.. TIm PHOPER'ry IN SPECIAL IMPHOVEMENT DISTHIC'I' NO. 301 I'[\! TEE CITY OF BOZEMAN, COUN'1'Y 01" GALLATIN, STATE OF MONTANA, TO DE- FRAY THE COST OF CONSTRUCTING AND MAKING 'rIm HIPROVE!,.lENTS WITH IN SAID SPECIAL IMPROVEMLN'I' DISTRICT NO. 301. WHEREAS, tb_e Commission of the Ci ty of Bozeman, did on the 27th day of March, I 1936, wlly and regularly pass Commission Resolution No. 330 entitled: "A RESOLU':U01J OT;' TIm COM\..'iISSION 01<' TI-ill CITY QI" BOZET.IAN, MOHTANA, DECLAHING IT TO BE rrRE INTENTION OF SAID COI-..E/lISSION '1'0 CREATE SPECIAL IMPROVl~MENT DIS'rIUC'l' POE 'l'HE PURPOSE OF GRADnm AND SEEDING PARK1NGS AND PLANrING TREES AND THEREAFTER MAINTAIN TNG THE SAUE ON SIXT: AVENUE ImrrWEEN HARHISOH AND CLEVELAND STREETS, ON SEVENTH AVENlJE BETWEEN HArmISON AND CLEVELAND STREETS, AND ON HARRISON STREET BETWEEN SIXTH AND SEVE:i'-!TH AVENUES, ALL IN rrHE CI'I'Y OF BOZEI/:Mi, MON'rAHA; AND rl'O ASSESS rum COST OF SUCE GRADINCJ-, SE:WING, PLANrr1NG, AND j,IADFl'ENANCE AGAINST TEE PROPERTY FRON'l'ING AND ABUTTING UPON 'l'HE STREErl'S AND AVENUES AS ABOVE SPECIFIED; ALL IN CONPORMI'llY WITH SEC TIONS 5039, SUBDIVISION 6, AND SECTIONS 5225 5231 (BOTH IN CLlTSIVE) AND 5238 5258, INCLUSIVE, R. C. IVION'l'AN A, 1921, AND ALL ACTS AND PARTS OF ACrrS AMENDArrORY OF SAID SECTIONS OR ANY PART THEREOF", and thereafter, after due and legal proceedings had, the Comm.ission of the City of Bozeman, did on the 24th day of April, 1936, duly pass Commission ResoJ,.ution No. 331, entitled: II A RESOLUTION OF rrHE COM1'HSSION OF 'nIE CI'l'Y OF BOZE~ilAN, MONTANA, CREATING A SPECIAL IMPHovm.-IENT DISTRIC'1' rro BE KNOW}! AND DESIGNATED AS "SPECIAL DJIPROVEMEN'l' DISTRICT NO. 301" OF SAID CITY P1JRSUA;N'r TO COMMISSION HESOLUTI_ON NO. 330 OF SAID crry ADOPTED T:IARCH 27, 1936, DECLARING THE INTEN'l'ION 01" SAID COMMISSION rro CREATE SAID DISTRICT, BUT VHTH 'THE BOUNDARIE,:3 OF ~mCII DIST1UCT AS DEFINED IN SAID RE- I SOLUTION NO. 330 IvIODIFTi;:D BY ELIMINNrING TIn,; NOH'l'H SIDE OF HArtEISON S'l'REE'l' r=,}~'I'WEEN SIX'l'I-J: A VENUE, SOUTE, AND SEVENTH AVErmE, SOU'l'H, FROM SAID DISTRICT. F'on '.['HE PUHPOSE Oi"' rHtADIW} Aim SEEDING PARK- INGS NiD THEREAFTER r,lAE:T AINING 'l'EE SA.IE, (;N SIXrrH AND SEV1!:Nrl'H AVENUES BE'l'WEEN HARRISON AND CLEVELAND S'I'HEETS, AND ON THE SOUTH SIDE OF HARRISON STREET BETWEEN SLXTH AND SEVENTH AVENUES AND TO SPECIALLY ASSESS THE cos'r OF CONSTHUCTION, INS'l'ALLA'l'rON Aim IvIAIN" TENANCEAGAINST 'I'EE PROPEHTY WITHIN SAID SPECIAL IMPHOVEI','IENT DIS- TInCT NO. 301, ON 'THE Ii'HON'l'AGE BASIS, IN CONFORMITY WITH SECTION 5039, SUBDIVISION 6, AND SECTIONS 5225 5231, INCLUSIVE, AND 5238-5258, INCLUSIVE, R. C. MON'l'ANA, 1921, AND ALL AC'1'S AND PARTS OF Acrrs AMENDATOHY m:,' SAID SEcrrrONS OR OF Elf}:'HEH on ANY TIillREOF' on OF' ANY PART IlTEREOF. which Commission RAsolutions Nos. 330 and 331 passed as aforesaid, are hereby referred to and made a part of this Resolution for fl1rther particulars in respect to the boundaries of' said district, the character of the improvements to be con structed therein, the estimated cost of said improvements, and the method of assessing the cost against the property within said district; and WHEREAS, said improvements as contem.plated in said Commission Resolutions Nos. 330 and 331 have been constructed and completed in accordance with the terms and conditions of Commission Hesolutions Nos. 330 and 331, and the total cost of said improvements so constructed is the sum of Five Thlndred Sixteen Dollars and I Thirty-Two Cents ($516.32); NOW THEREFCRE, pursuant to the provisions of Sections 5225 to 5277.5 and 5485, R. C. r,l., 1935, and amendments thereto, BE 1111 RESOLVED AND 11' IS bl":EEBY ORDEHED BY rr-rm COL1IHSSION OIi' 1'HE Crry OF BOZET/!AN, STATE OF MONTANA: Section 1. 'l'hat to defray the cost and expense of constrllCting and making the improvements in said Special Improvement District No. 301, there be, and there Resolution No. 347 .n._ , ,*' ')?~ ,..f....JI is hereby levied and assessed, a tax amounting to the sum of Five Hundred Sixteen Dollars and Thirty-two Cents ($516.32) upon all the property in said Special Im- provement District No. 301; that a particular description of each lot and parcel of land with the name of the owner and tl1e sum assessed against him or it for I such improvements and the am011nt of each partial payment to be made and the day when the same shall be delinquent is set forth in detail in the asseSSlnent list hereto at taehed, 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, respectively levied and assessed upon and against said described lots and parcels of land to defray the cost and expense of con- structing and making the said improvements within said District; that the several sums so assessed be collecte;} from tho respective owners of said lots and parcels of land described in said assessment list Schedule "11.11, as required by law; that the payment of said sums shall be made in 3 installments and the payment of said installments shall extend over a period of 2 years; that the payment of the res' pective 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 su_ms shall be paid and the collection thereof shall be made in the manner and in accordance with the law governin;r, the collec- tion of special improvement taxes; that failure to pay such assessments when the I same shall be come done and payable shall make such persons and said lots and par eels of land liable to the penalties provided by law relative to delinquent taxes. Section 2. 'rhat the regular session of the Commission of the Ci ty of Bozeman to be held in the CommissionF\oom, in the City Hall of said City, the 2nd day of' October, 1936, 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 ReSo~ltion will be heard by the COm...'11i~3s1on. Section 3. That the Clerk of the Commission of the City of Bozeman be, and he is hereb;l ordered and directed to publish in the Bozeman Daily Chronicle, a daily newspaper printed and published in the said Ci ty of J3ozeman, 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 cO!lstrllcting and making the improvements in said Special Improvement District No. 301 is on file in the office of the Clerk of the Commission subject to inspection for a period of five (5) davs' 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; that it shall I be published at least five (5) days before the day set by the COHllnission for heaI"- ing of objections and the final adoption of this Hesolution. Passed and adopted by the Corrnnis sion of the Ci ty of'\30zeman at a regular session thereof held on the 25th day of September, 1936. ~~- Ma r ATTEST: .:(A~/_ Clerk of the Commission Resolution No. 347 ~228 Passed and adopted subject to objections to be heard and passed upon at regular meetin7 October 2nd, 1936, this 25th day of September, 1936. ~~--~- A'l"l'EST: I ~~.- - Cle'1< of the Commission No objections, pursuant to notice, or at all, havin~ been made or filed aGainst the final adoption of the above and foregoin;'" Resolution, the same is finally passed and adopted this 2nd day of October, 1936. . ~L~. ,Mayo ATTEST: ~ lerk~i~- NOT ICE ------ HEAHINC} , FINAL ADOP'rION OF HESOLUTION NO. 347, LEVYING AS~3ESSMENT SPECIAL IMPROVEMEWf DISTRIC'l' NO. 301, CITY OF' BOZr:IflAl,;, SIXTH AVE, NUB BE'r?lEEN COLLEGE AND CLEVELAND STH.ET~TS, SEVEN'I'JI AVENUE BETWEEN HAHRISON AND CLEVELAND STHEErl'S, AND HARRISON STHEET BETVVEEN SIXTH AND SEVENTH AVENUES. NOTICE IS HEIlEBY GIVEN, that at a regular session of the Co~~ission of the I City of Bozeman, held on Priday the 25th day of September, 1936, Corrnnission Reso1r1.tion No. 347 was duly passed and adopted; that said CorrrrniDs:lon Hesolution levies and assesses a special assessment of taxes upon all the property in Special Improvement District No. 301 in said City, to defray the cost and ex- pense of constructinG and making the improvements within s~id District, to-wi t: "BeGinni:n~ at D. Doint in north Ilne of West Cleveland Street, said point bein;" 50 feet east of the east line of Sixth Avenue; thence west alo~q said north line of Cleveland Street to the east . ,; line of the alley (now vacated) in Block 12 of Capitol Hill Addition to Bozeman; thence north along the east line of said vacated alley to the south line of Harrison Street; thence east alon~ the said south line of Harrison Street to the west line of Seventh Avenue; thence north to the north line of said Harrison Streeti thence east to the east line of said Seventh Avenue; thence north 100 feet; thence east parallel with Harrison Street to the east line of the alley between Sixth and Seventh Avenues; thence south 25 feet; thence east parallel with Harrison Street to the west line of Sixth Avenue; thence south alonG the west line of Sixth Avenue to the north line of Harrison Street; thence east along said north line of' Harrison ijtreet to the west line of the alley between Fifth and Sixth Avenues; thence south alcnrr, the west line of said alley to the south line of the east and west alley between Harrison and Cleveland Streets; thence west alons the south line of said east and west alley to a point 50 feet east of the east line of Sixth Avenu.e; thence south parallel with said eas t line of Sixth Avenue to the point of hecdnning. II Th,-ot, said Commission Resolution No. 347 is now on file in the office of the I Clerk of the Commission, subject to inspection for Q period of five (5) days by any persons interested. 'l'ha t Friday, the 2nd day of October, 1936, at 7:30 o'clock P. M. of said day, at the r(;;:;ular session of the said Connnission of the City of Bozeman, at the Commisslon Room in the Cj"ty Hall BuilcUng of said Cit.y, has been dosi{i,nated as the time and place when and where the said Corrnnission will hear Rnd pass upon any and all objecti ns that may be made to the final passage and adoption of said Resolution No. 347, and the levyinr of said assessment, and that said Resolution, Resolution No. 347 'J'){) ,..l-J , subject to correction, will be finally passed and adopted at said regular session. All persons lnterested are referred to Commission Resolution No. 330, declarin,r; it to be the intent:lon of the Co:rrnnission to create Special Improve- I ment District No. 301, and COImnission Hesolution No. 331, creating Special Improvement District No. 301, for constructing and making the imDrovements thereln, which Resolutions are on file in this office and subject to public inspection. Dated this 26th day of September, 1936. State of Montana ) County of Gallatin ) ss City of Bozeman I, L. G. Shadoan, Clerk of the Commission of the City of Bozeman, do hereby certify that the foregoing Commission hesoht tion No. 34'7, of the City ofbozeman was published at length in the Bozeman Daily Glronicle, a daily newspaper of gen~ eral circulation, printed and published in said City, in the issue of September 26th, 1936, and that due proof of said publication was made and filed at my office. IN WITHES.:) VmEnEOF I, hereunto set my hand and affix the seal of my office this 27th day of September, 1936. ~. {- I . . y~~~ C erk of the ommission State of Montana ) County of Gallatin ) S8 City of Bozeman ) I, 1. G. Shadoan, Cler]-: of the Commission of the City of Bozeman do hereby certify that the foregoing Commission Resolution No. 347 of the City of Bozeman, was published by number and title in the Bozeman Daily Chronicle, a daily news paper of general circulation, printed and published in said City, in the issue of the 9th day of October, 1936, and that due proof of said publication was made and filed in my office. TN WITNESS 'NTmlmO~;' I, hereunto set my hand and affix the seal of my office tlJis lOth day of October, 1936. 4-f~~/~__- ilierk of t1f~-~fssi~ I