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HomeMy WebLinkAboutResolution 191 Levying of taxes in SID No. 279 ,-- 59 - C01lliIISSION RESOLUTION NO. 191 A EESOLU::'ION OF.L'lm CmJvIISSION':l" THE CITY OF .JC2ELAr:, I\~OI1TAJ;",'., LEVYING AND ASSESS- ING A Si'ECIALr\.SSESSI,,~lJT OF TiGC',~S Ui?ON "~LL TEE PROPEHTY IN SPECIAL g,PROVEI,:IGET I DI::.;rrlucrr l!G. 279 nr rrH3 CITY OF BOZEMAN, COUUTY OF G..:-\.LLATLi, STATE OF L~O..Tj:.l:i~, TO DEFEi.l.Y THE CC.jT OF COUSrrRUCTIUG- AITD lLAKnJG THE EP:WVEl"IEN'IS '-a/rUIN SAID SI'T~(;I;"...... HIPHOV2;}.ENT DISTRICT lIO. 279. WIl3HEAS, The Commission of the Gi ty of 13ozernan, did on the 9th day of .rl.Ut;tlS t , 1929, duly and recularly pass Corrunission Resolution No. 149 enti tled: "A HESOLUIION OJ? TEE COiIIM,ISSION OF TEE CITY OF BCZn:r!<AI';, EONTAl;A, DECLrt::ING 1'1: r.;:o B}<~ rrHE IWJ:Ji:NTIOli OF SAID' COIviJ,;ISSION r1'O CEEATE A S..::SCIAL BJPROVELlET;r:! DISTRICT 'ro BE KNov/n AIm DESIGNATED AS SPECIAL BLPHOVEM3;N'r DISrrRICrr NO. 279 OF SAID CJfJ:Y, FOR 'rEE I'UR- POSE OF EXTENDING AND Cml1-'LETING TEE COlJSTHUCTION OF A I'RIVATELY COI-ISTRUCTED SA:NH'ARY SEWER ON ymST COLLEGE SCeEEET BETWiGEN FOURTH /dm FIFTH AVENUES SOUTl; VllTHnJ SAID crr.ry, AND TO SPECIALLY ASSESS THE miTIHE CO:.,T A::,:D EXPE~JSE OF THE EXTENSION AND OHIGINAL COST OF Tl:E I)IUVATELY CONSTRUe',ED POHTION AGAn:rs11 TEE PRO?ERTY WITHIN SAID DISTrtI(;~, UNDER AnD BY VIRTUE OF THE rROVISION3 OF SBCrrIONS 5225 TO 5277 ETCLUSI7E, RCK, 1921, AND ANY Al~Elml.i:ENTS Tl-mHETOn, and. ther"i.fter, after due and legal proceedinGs had, the Commission of the City of Bozeman, did on the 30th clay of August, 1929, duly pass Commission Resolution No. 154 entitled: "A H.ESOLUTION OF THE C01;J,:ISSION OF rfEE CITY OF BOZE:LAN, liONTANJ~, CREATIlJG SPECIAL HLPROVmimNT DISTinCT NO. 279, OF TEE CITY OF BOZzr::AlT, STATE OF I.'lONTANA, FOR TEE rUHPOSE OF EXTENDING AND COlIJ:)LETIHG rrEE CONSTlmCTION OF A PRIVATELY CONSTRUCTED SAN- ITARY SEViER on WEST COLLEGE STRj~E'r BETWEEN FOURTF AND ii'IFTE ;\.vElTUES SOUTH ViI'l'HIN SAID CITY, AND TO srECIALLY ASSESS THE I K:T IRE COS1j; AND E~(PEIJSE OF TEE EXTENSION AND OHIGHiAL COST OF TES: I'RIVATELY CONsTHucrrED POHTION (SU!3JECT TO P:';OI)ER CREDI': ;.:,:D REFUND TO TEE CERTAIN PHOl'HTY m::JEH.S FOl~: COS':L OF SEWER EERE- TOFmm CO=JSTRUCTED), AGAIlJi,.Jil: TEE l'ROPERTY Wlr:L1EIN SAID DISTHICT, UNDER ..ED BY VIRTlJ~ OF TEE rIWVISIONS OF SECT lOlL) 5225 110 5277, n;CLUSIV:::;, OF r.lEj~ REVISED CODES OF ~,~ONT~'~NA, 1921, AND i\.NY A1"ENm.~ElJTS T~:Sl.CTOq, which Commission Resolutions 1'102. 149 and 154 passed as aforesaid are hereby referred. to and mad.e a p::>rt of this Resolution for further particulars in respect to the boundaries of said district, the character of the improvements to be con- structed therein, the estirnhted cost of said improvements, and the method of assessing the cost against the property within said district; and \7IIERE.i1.S , said improvcLlcnts as contemplated in said Commission Resolutions \ Nos. 149 and 154 have been constructed and completed in accordance wi th t.he terms and con~itions of Commission Resolutions Nos. 149 and 154, and the total cost of said improvements constructed (old and new construction) , is the sum of Nine Hlu~red Six~een Dollars and Thirty Four Cents ( :~ 916 . 34) ; that the following named proDerty owners within said district are entitled to credit for original con- struction made by them as follows: I I,:~r s. C.:';. S ime S.50' of Lot s. of Lot 12, Blk 46 ?ark Add. 1~287 .80 Freda Schwan N.50' of{W.5' of 7-8-E.15' of 9, Blk 2. C.H.I-.l.d(1. :)105.92 L. G. TUne s IT.50' of(W10' of 9-10-E5' of 11,Blk.2,C.H.Add. ':; 94.16 John Hancock No50' of(12 & W.20' of 11) Blk.2 , C .II. ,',-dd. '~105 .92 !\.593 80 L_.':.- - - . ---- 6() --- that the net cost of said improvements so constructed i8)450.37, [~S follows: J. N. C18rk Est. S.50' of Lot S. of Lot 13, Blk. 46 Park Add. j18l.73 Mrs. W. Y. Smith N.50' of Lots 1,2, & 3, Elk. 2, C. IT. Add. ';~118 .52 I H. V;. Gree;ory N.50' of Lots 4 & 5, 31k. 2, C. n. Add. :) 7S'.Ol Ers. 'N. Y. Smith It.50' of (6 & 2.20' of 7) Elk. 2, C. l~. to ~ .~ :~ 71.11 "QU. . r Total ,;>.J ~~O .37 - and that the followi Db named property owners wi th in said dlil t:r'i at s~:,J11 reo ei ve credits as follows: Mrs. C. -=. Sirne 3.50' of lot S. of Lot 12, Blk. 46 I\u'k Adcl. :~ " 010 ',- Freda Schwan N.50' of (VJ >:, of 7 8 'i'15' 0 f Q ) ':Ilk 2 (' 11 A (I d >1~ ,-' ., . v - - l.J _../, I . , ,'.'. .......{. I., . ~ ? . ,- J;:.. G. rinGs N.50' of (W.10' of 9-10-85' of 11) Blk.2,C. H.Add. .'\ I;' ) .,. "..' Jolin Hancock lJ.5J' of (12 & W.20' of 11) Elk. 2, c. Ii. .led d . i: "I . 3 ,t ~otal ,.. I ~~ that the several :property owners who have already po. io. for the construct ion of a sewer in front of their property shall receive credit therefor, and they, and each of the, shall be reimbursed for monies that they, and each of them, have expended for construction of said sewer in front of properties whose owners have not paid their proportion of the cost thereof. NOW THEREFORE, Pursuant to the provisions of Sections 5225 to 5277, and 5485 RCM, 1921, and amendments thereto, I BE IT RESOLVED AND IT IS HEREBY OHDERED BY THE COI8\HSSIOlT OF THE CITY OF BOZELIAN, STATE OF MONTANA: Sec. 1. That to defray the cost and expense of constructing and making the improvements (old and new construction) in said Special Improvement District 279, there be, and there is hereby levied and assessed a tax amounting to Nine Hundred Sixteen Dollars and Fifty Four Cents ($916.54) on all the property in said Special Improvement District No. 279; that the following named property owners within said district are entitled to credits as follows: Mrs. C. E. Sime 8.50' of Lt.S. of Lt.12, Elk 46 Park Add. $ 287.80 Fredo Schwan N.50' of {W5' of ?-8 E.15' of 9} Blk 2 C.H.Add. 105.92 L. G. Hines N.50' of (W.10' of 9-10 E5' of 11) " " " " " 94.16 John Hancock N.50' of (12 & W.20' of 11) Elk 2, C. H. Add. 105.92 , 593.80 that the following named property owners are to be assessed as follows: / J. N. Clark Est. 8.50' of Lt. S. of Lt. 13, Blk 46 Park Add. $ 181.73 , Mrs. W.Y. Smith N.50' of Lts. 1,2,& 5, Elk 2, C. II. Add. 118.52 I R. W. Gregory N.50' of Lts. 4 & 5, Elk 2, O. H. Add. ?9.0l Mrs. W.Y. Smith N.50' of (6 & E.20' of ?) Elk 2, C. I-I. Add. 71.11 ~ 4~0.3? that with the collection of the assesmnent from the foregoing named property owners, the following property owners are entitled to receive credit and are to be re im- bursed for monies expended by them for construction of the sewer in front of prop- - -... 61 erties whose owners have not paid their proportion of the cost thereof, as follows; furs. C. E. Sime 8.50' of Lot S. of Lt. 12, Blk 46, Park Add. $ ~,.'.',~ t J ,,~,.) ~;\ I Fredo Schwan N.50' of (W.5' of ?-8 E.15' of 9) Elk 2, C.II.Add. 34 . :",1 L. G. Hines N.50' of (W.IO' of 9-10 E.5' of 11) Blk 2, C.H.Add. 3 CI ~ (~:.,: ~I John Hancock N.50' of (12 & W.20' of 11) Elk 2, C. H. Add. 34 . 81 , l~>r' 6~ i-,,' I. v ~ - that a particular description of each lot and parcel of land with the name of the owner and the stW assessed against him or it for such improvements and the amount of each partial payruent to be made and the 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 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 making said improvements within said District; that the several sums so assessed be collected from the respective I owners of said lots and parcels of land described in said assessment list Schedule "A", as required by law; that the payment of said sums shall be made in six install- ments and the payment of said installments shall extend over a period of six years; ,I that the paY::lent of the respective annual installments shall be made on or before the 30th day of November, of each year until pa~ent of all the installments to- gether with the interest thereof shall be made; that said sums shall be paid and the collection thereon shall be made in the manner and in accordanoe with the law governing the collection of special improvement taxes; that failure to pay such assessments when the same srmll become due and payable shall make such persons and said lots and parcels of land liable to the penalties provided by law relative to delinquent taxes; Sec. 2. That upon the payment of' said special assessments, levied and assessed as aforesaid by the following named property owners: J. N. Clark Estate :jp 181.73 Mrs. W. Y. Smith 118.52 R. W. Gregory ?9.01 Mrs. W. Y. Smith 71.11 Total $ 450.37 as herein provided the following named property owners shall be reimbursed for monies expended by them as hereinbefore set forth as follows: Mrs. C. E. Sime $ 2?06 I Fredo Schwan 34.81 L. G. Hines 30.95 John Hancock 34.81 Total $ 12'7.63 and the D1rector of Finance of the City of Bozeman is authorized, directed and ordered to reimburse thel;1 and each of the:gl, accordingly. Sec. 3. That the regular session of the Commission of the City of Bozeman to be held in the Commission Chamber in the City Hall of said City the 22nd day of August, 1930, at Four O'olock P. L:., be, and the same is hereby des- -'- - - 62 ' ,..l ignated as the time and place at which objections to the final cl,doption of this Resolution will be heard by the said Commission; Sec. 4. That the Clerk of the Co~nission of the City of Bozeman be, and she is hereby ordered and directed to publish in the Bozeman Daily Chronicle, a I 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 said Special Improvement District No. 279 is on file in the office of the Clerk of the Commission 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 Resolut ion; that it shall be published at least five (5) days before the day set by the COlrrmission for hearing of objections and the final adoption of this ResolutiOn. Passed and adopted by the Commission of the City of Bozeman at a regular session thereof, held on the 15th day of August, A. D., 1 9 30 . 7J~ ~ Ma'ip - ATl'EST: ~;_ j.k,~L~ I er~ f the C .. iss ion I f;;; ",.~ ") \!>-~ ~ ."" '....~ -..-- . __n..._ ________. ---- ___ __._ n_......__.. .. n__..... -- -- ._... _.. _._ ..._ _ ...____..____._____.____0..._____.__._.._._._....._._____ ....._...._ .__... ___...-.. - -- -- ----- -------------------- -------- . -----------------.- ------------- _____._____n_.__._. .". NOTIQE i ! 3' ...",-,'" JI i ' "; HEARING, FINAL ADOPTION COMMISSION . ,I I RESOLu'rION 1!0. 191, SANITARY SEWER ON COLLEGE STREET BETWEEN FOURTH AND FIFTH AVE:.UES, DilPROVEMENT DIST- RICT NO. 279. NOTICE IS HEREBY GIVEN, That at a regular session of the COnIDlission of the City of Bozeman, held on Friday the 15th day of August, 1030, Comrniss ion Resolution No. 191 was duly passed and adopted; that said Commission Resolution levies and assesses a special assessment of taxes upon all the property in Special Improvement District No. 279 in said City, to defray the cost and expense of constructing and making the improvements within said District, to-wit: The e~tension of the sewer on West College street between Fourth and Fifth Avenues a sufficient distance to serve all the propert ies fronting on said West College Street between Fourth and Fifth Avenues; said extension to in- clude a concrete manhol~ at the intersection of Fifth Avenue and College Street; that thereupon the sewer on College street between Fourth and Fifth Avenues will be complete" . Tha t , said Commission Resolution No. 191 is now on file in the office of the Clerk of the Conunission, subject to inspection for a period of five days by any persons interested. That Friday, the 22nd day of August, 1930, a t Four 0 'clock I P. M., of said day at the regular session of the said Co~nission of the City of Bozeman, at the CormCliss:i.on Chamber in the City Hall Building of said City, has been designated as the time and- place when and where the said Corn:c,lission will hear and pass upon any and all ob j ect _,.ons that may be made to the final passage and adoption of said Resolution No. 191 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. 14~, declaring it to be the intention of the Commission to create Special Improvement District No. 279, and Comraission Resolution No. 154, creating Special Improvement District No. 2?9, for constructing and making the improvements therein. Dated th is 16th day of August, A. D., 1930. I, Elizabeth Johnson, Clerk of the Commission of the City of Bozen~n, Montana, do hereby certify that the Notice in Re the foregoing Resolution No. 191 I was published in the Bozerilan Daily Chronicle, a daily newspaper of general ci1'- culat ion printed and publisL.ed in said C1 ty of Bozeman, in the issue of August 16th, 1930, and that due proof there of was made and filed in my office. IN WITimSS WHEREOF I have hereunto set my hand and the corporate seal of said City this 16th day of August, 1930 . P -- C- ('1:~~' ~~--w .. ler (: l' the C nission .. ..... __ ,.u__