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HomeMy WebLinkAboutResolution 3085 Preliminary levy and assessment - SID 663 -_....-.-._~._. -.---- COMMISSION RESOLUTION NO. 3085 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL BENEFITED PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 663 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONT ANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID EXTENDED SPECIAL IMPROVEMENT DISTRICT NO. 663. WHEREAS, the City Commission of the City of Bozeman did, on the 11th day of July 1994, duly and regularly pass Commission Resolution No. 2987, entitled: COMMISSION RESOLUTION NO. 2987 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE AN EXTENDED SPECIAL IMPROVEMENT DISTRICT NO. 663 FOR STREET IMPROVEMENTS FOR THE ENGINEERING DESIGN, CONSTRUCTION, INSPECTION AND ENGINEERING CERTIFICATION OF ASPHALT CEMENT PAVING, GRAVEL BASE COURSES AND SUBGRADE PREPARATION, CURB, GUTTER AND SIDEWALKS, STORM DRAINAGE AND ALL NECESSARY APPURTENANCES TO CONSTRUCT A 1,642-FOOT PORTION OF WEST OAK STREET, FROM THE WEST EDGE OF NORTH 19TH AVENUE WEST, IN THE CITY OF BOZEMAN, MONTANA. and thereafter, after due and legal proceedings, the Commission of the City of Bozeman did, on the 22nd day of August 1994, duly pass Commission Resolution No. 3001, entitled: COMMISSION RESOLUTION NO. 3001 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING EXTENDED SPECIAL IMPROVEMENT DISTRICT NO. 663 FOR STREET IMPROVEMENTS FOR THE ENGINEERING DESIGN, CONSTRUCTION, INSPECTION AND ENGINEERING CERTIFICATION OF ASPHALT CEMENT PAVING, GRAVEL BASE COURSES AND SUBGRADE PREPARATION, CURB, GUTTER AND SIDEWALKS, STORM DRAINAGE AND ALL NECESSARY APPURTENANCES TO CONSTRUCT A 1,642- FOOT PORTION OF WEST OAK STREET, FROM THE WEST EDGE OF NORTH 19TH AVENUE WEST, IN THE CITY OF BOZEMAN, MONTANA. which Commission Resolution Nos. 2987 and 3001, passed as aforesaid, are hereby referred to and made a part of this resolution for further particulars in respect to the boundaries of said district, the character of improvements to be constructed therein, the cost of said improvements, based upon the amount of the bond issue, and the method of assessing the cost against the property within said district; and WHEREAS, said improvements as contemplated in said Commission Resolution Nos. 2987 and 3001 are being constructed and completed in accordance with the terms and conditions of Commission Resolution Nos. 2987 and 3001, and the estimate of the costs of said improvements, based upon the amount of the bond issue, is the sum of Two Hundred Thirty-nine Thousand Six Hundred and no/100 Dollars ($239,600.00). -.-.-------------.--- --. ----- .--.------ -.-.-..-.---- NOW, THEREFORE, BE IT RESOL VED AND IS HEREBY ORDERED BY THE COMMISSION OF THE CITY OF BOZEMAN, STATE OF MONTANA: Section 1. That to defray the cost and expense of constructing and making the improvements of said Extended Special Improvement District No. 663, there is hereby levied and assessed a tax amounting to the sum of Two Hundred Thirty-nine Thousand Six Hundred and no/100 Dollars ($239,600.00) upon all benefited property in said Extended Special Improvement District No. 663, and 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 improvements and the amount of each partial payment 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 II 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 are hereby respectively levied and assessed upon and against said described lots and parcels of land to defray the cost and expense, based upon the amount of the bond issue, of constructing and making the improvements within said District; that the several sums so assessed be collected from the respective owners of said lots and parcels of land described in said assessment list, Schedule II A ", as required by law; that the payment of said sums shall be made in semi-annual installments and the payment of said installments shall extend over a period of nineteen years; that the payment of the respective semi-annual assessments shall be made on or before the 30th day of November and the 31st day of May of each year until payment of all 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 improvement taxes; that failure to pay such assessments when the same 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. Section 2. That the regular session of the Commission of the City of Bozeman to be held in the Commission Room in the City Hall of said City on the 16th day of October 1995, at 7:00 p.m., be designated as the time and place at which objections to the final adoption of this Resolution will be heard by said Commission. Section 3. That the Clerk of the Commission of the City of Bozeman is directed to publish in the Bozeman Daily Chronicle, a daily newspaper printed and published in said City of Bozeman, a notice signed by the Clerk of the Commission and stating that a Resolution - 2 - __n__.._.._. ..____._ .__u_u .._n___._ -----..--- -----". ...--- - - .~'." ..~ -..--.--.-- .--.---..-.--- -~-- .~-,..'-'-..~'.- -.. .....-- "" levying and assessing a special assessment of taxes to defray the cost and expense, based upon the amount of the bond issue, of constructing and making the improvements in the said Extended Special Improvement District No. 663 is on file in the office of the Clerk of the Commission subject to inspection for a period of ten (10) days; that said Notice shall state the time and place at which objections will be heard by the Commission for the final adoption of said Resolution; that said notice shall be published at least ten (10) days before the day set by the Commission for the hearing of objections and the final adoption of this Resolution; and that said notice shall also be mailed to the address determined from the last completed assessment roll for state, county and school district taxes of each owner of each lot, tract or parcel of land to be assessed and to such other persons known to the Clerk to have an ownership interest in the property. PROVISIONALLY PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 2nd day of October 1995. ATTEST: JO ~Jk~ ROBIN L. SULLIVAN Clerk of the Commission FINALLY PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 16th day of October 1995. ~ -- ATTEST: --- {JLJ~ ROBIN L. SULLIVAN Clerk of the Commission - 3 - - - --- ------ - ---- -.- - -.-.-.. ..- NOTICE HEARING ON FINAL ADOPTION OF COMMISSION RESOLUTION NO. 3085, LEVYING AND ASSESSING EXTENDED SPECIAL IMPROVEMENT DISTRICT NO. 663, CITY OF BOlEMAN, STREET IMPROVEMENTS FOR THE ENGINEERING DESIGN, CONSTRUCTION. INSPECTION AND ENGINEERING CERTIFICATION OF ASPHALT CEMENT PA VINO, ORA VEL BASE COURSES AND SUBGRADE PREPARATION. CURB, GUTTER AND SIDEWALKS. STORM DRAINAGE AND ALL NECESSARY APPURTENANCES TO CONSTRUCT A 1.642-FOOT PORTION OF WEST OAK STREET, FROM THE WEST EDGE OF NORTH 19TH AVENUE WEST, IN THE CITY OF BOZEMAN, MONTANA. NOTICE IS HEREBY GIVEN that at a regular session of the Commission of the City of Bozeman, held on the 2nd day of October 1995. Commission Resolution No. 3085 was provisionally passed and adopted; that said Commission Resolution levies and assesses against Extended Special Improvement District No. 663, in said City. an amount, based upon the bond issue established for said district, and further to provide for the cost and expense of making improvements within said District, to wit: The boundaries of said Special Improvement District No. 663 are described as follows: Description A tract of land being all of Brentwood Subdivision (replatted), Tract C of Certificate of Survey No. 1240E, Tract 2 and a portion of Tract 1 of Certificate of Survey No. 1240H, a portion of Tract 2-A 1 of Certificate of Survey No. 1240G, a portion of Tract D of Certificate of Survey No. 1240F, and that public part of Annie Subdivision Phase I, all situated in the SE % and NE % of Section 2, T2S, R5E, Montana Principal Meridian, Gallatin County, Montana. The boundary of Special Improvement District No. 663 is more particularly described as follows: Beginning at a point which bears S880 11 '40"W a distance of 85.00 feet from the East one-quarter corner of said Section 2, and which point is also common to Tract C of Certificate of Survey No. 1240E and the westerly right-of-way line of North 19th Avenue; thence along said right-of-way line S02004'00"E a distance of 1542.37 feet; thence S87056'00"W a distance of 302.29 feet; thence along a curve to the left with a radius of 680.00 feet a distance of 501.29 feet to a point on the north right-of-way line of Annie Street; thence along said right-of-way line along a curve to the left with a radius of 1350.00 feet a distance of 984.68 feet; thence NOo037'50"W a distance of 2447.04 feet; thence N89032'44"E a distance of 1643.74 feet to a point on said westerly right-of-way line of North 19th Avenue; thence along said line 501031 '29"W a distance of 1014.78 feet to the point of beginning. Said tract being 97.333 acres or 4,239,854 square feet and is subject to all easements of record. That said Commission Resolution No. 3085 is now on file in the office of the Clerk of the City Commission, subject to inspection for a period of ten (10) days by any persons interested. That Monday, the 16th day of October 1995, at 7:00 p.m. of said day, at a regular session of the Commission of the City of Bozeman, at the Commission Room in the City Hall Building, 411 East Main Street, of said City has been designated as the time and place where the said Commission will hear and pass upon any and all objections that may be made to the final adoption of said Commission Resolution No. 3085, and the levying of said assessment, based upon the amount of - -------------- . ...---..-.--........-..- - ---.- ---,---.-.. .-." .-.-.-. --. .----...---- .. .---..-..-...-..... -.. . ...._.._-----_.__._.~-~ ~~~~~~-- the bond issue, and that said Resolution will be finally passed and adopted at the said regular session. All persons interested are referred to Commission Resolution No. 2987, declaring it to be the intention of the Commission to create Extended Special Improvement District No. 663, and Commission Resolution No. 3001, creating Extended Special Improvement District No. 663, for the purposes of engineering design, construction, inspection and engineering certification of asphalt cement paving, gravel base courses and subgrade preparation, curb, gutter and sidewalks, storm drainage and all necessary appurtenances to construct a 1 , 642-foot portion of West Oak Street, from the west edge of North 19th Avenue west, in the City of Bozeman, Montana. DATED this 2nd day of October 1995. C?~ ;/~~ ROBIN L. SULLIVAN Clerk of the Commission Publish: Thursday, October 5, 1995