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Resolution 3397 - Special Assessments - SidewalksA ts� RESOLUTION NO, 3397 A RESOLUTION LEVYING AND ASSESSING A SPECIAL ASSESSMENT AND TAX ON LOTS, PIECES AND PARCELS OF LAND SITUATED WITHIN THE CITY OF KALISPELL TO DEFRAY COSTS OF CONSTRUCTING SIDEWALKS, CURBS AND GUTTERS ON PUBLIC STREETS IN FRONT OF SAID LOTS, PIECES AND PARCELS DURING THE YEAR 1981 . WHEREAS, the City Council has, from time to time in 1981 , ordered sidewalks, curbs and gutters, or combinations thereof, to be constructed on public streets within the City of Kalispell, according to the form and pro- cedure therefore prescribed by the laws of the State of Montana and the ordinances of the City of Kalispell, and WHEREAS, said sidewalks, curbs and gutters, or combinations thereof, were duly constructed as ordered and construction and other -necessary costs therefor have been paid by advances from the general funds of the City of Kalispell and/or issuance of special warrants against the fund of the City of Kalispell known as a "Special Sidewalk, Curb and Gutter Fund", and WHEREAS, said costs advanced and said special warrants, with interest thereon at the rate of 9 3/4 % per annum should be paid by levy and assess- ment thereof against the lots, pleces and parcels in front of which said side- walks, curbs or gutters were�constructed, NOW THEREFORE, be it resolved by the Mayor and City Council of the City of Kalispell as follows: To defray all the costs of said construction there is hereby levied and assessed against the lots, pieces and parcels of land within the City of Kalispell the charges as set forth opposite each of said lots, pieces or parcels of land, more particularly described on the attached Exhibit "All which by this reference is made a part hereof. Said levy and assessment as is made hereunder shall also include accruing interest at the rate of :"9 3/4 % from the date hereof until paid, said sum and accrued interest due, may b� paid in equal annual installments spread over a term not to exceed eight.C8).years, The first said annual payment shall be delinquent December 1, 19 82 , if not paid prior thereto and each succeeding installment shall become delinquent if not paid prior to December I of the year same is due, The City Clerk is hereby directed to publish Notice hereof as provided -by Section 7-12-4177 M.C,A, This Council will meet and hear any objections to said levy and assessment and take final action thereon at the regulax meeting of the City Council at the Council Chambers, Kalispell City Hall, commencing at 7:30 P, M. on the' Sth day of _April , 1982; said Notice shall so provide. PASSED AND ADOPTED BY THE CITY, COUNCIL AND APPROVED 13Y THE MAYOR THIS 15TH DAY OF NAROH 19 82 LeRoy' E�,,McDowell, -Mayor---- ATTEST: Marjor"' Giermann, City Clerk -Treasurer 4 0 RESOLUTION NO, .3397 (Continued) WHERLA,S, the within and foregoing Resolution No, 3397 signed by the Mayor and Clerk of the Council of the City of Kalispell, Montana, was filed in the office of said Clerk of the Council on the 15thday of March , 19 82, and has since that date been on file in said office, subject to inspection, and the Clerk of the Council having given notice of the passing and filing of said Resolution by publication in the Daily Iater Lake, a newspaper printed and pub- lished in the City of Kalispell,'Montana, at least five days before the date set herein for hearing objections hereto, and the City Council having been in session at the time and place for the hearing of objections, and no owner, or agent of any owner of lots, pieces and parcels of land within the area wherein sidewalks, curbs and gutters were constructed, or any other person, having appeared and protested against our objected against or objected to the final passage and - adoption of said Resolution or to any assessment or tax hereby levied or assessed; and it appearing to the satisfaction of the City Council that the cost of the construction of sidewalks, curbs and gutters more particularly described on the attached Exhibit !!A" was necessary and proper, and that the cost thereof should be assessed accordingly as in said resolution provided; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KALISPELL, MONTANAA AS FOLLOWS: That the within and foregoing Resolution No.' 3397 be �nd the same is hereby finally passed and adopted, and the said assessments therein provided for, and all thereof, be and the same are hereby levied and assessed accordingly, and that the first of said assessments are now due and payable to the City Treasurer of the City of Kalispell,.Montana,. and same will become delinquent on December 1, 19 82 at 5:00 P,M. of said day, and hereafter the annual payments as required shall become delinquent on the:Jast day of November of the year forwhich said annual amount is due at 5!00 PIM. of said day, The City Clerk is also hereby ordered to delivery to the Kalispell City Treasurer a certified copy of'this and the within and foregoing Resolution No. 3397 within two days after its passing, PASSED AND ADOPTED 71iIS 5TH DAY OF ApRIJ; 19 82 4P. 4,/ LeRoy ..!ATTEST: ?2_!:�� da 4-z-� Marj oril Giermann, City, Cler-k-Treasurer I T t .1 City Clerk of the City of Kalispell certify that the foregoing is a 1q.0 cqpy �k the,Resolution passed by the City Council of the City of Kalispell, Montana at a s,egular meeting held _Z _r7, f 2- City Ole-1- of the City of Kalispell T 14