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HomeMy WebLinkAboutResolution 2943 Levying and assessing SID 657 - preliminary . COMMISSION RESOLUTION NO. 2943 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL BENEFITED PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 657 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 657. WHEREAS, the City Commission of the City of Bozeman did, on the 22nd day of February 1993, duly and regularly pass Commission Resolution No. 2905, entitled: COMMISSION RESOLUTION NO. 2905 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE SPECIAL IMPROVEMENT DISTRICT NO. 657 FOR THE PURPOSE OF ACCOMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION, INSPECTION AND ENGINEERING CERTIFICATION OF ASPHAL T CONCRETE STREET IMPROVEMENTS, STORM DRAINAGE, CONCRETE CURB AND GUTTER, CONCRETE SIDEWALK, AND ALL NECESSARY APPURTENANCES TO SERVE THE WESTFIELD SUBDIVISION, PHASE III, 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 March 1993, duly pass Commission Resolution No. 2907, entitled: COMMISSION RESOLUTION NO. 2907 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 657 FOR THE PURPOSE OF ACCOMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION, INSPECTION AND ENGINEERING CERTIFICATION OF ASPHALT CONCRETE STREET IMPROVEMENTS, STORM DRAINAGE, CONCRETE CURB AND GUTTER, CONCRETE SIDEWALK, AND ALL NECESSARY APPURTENANCES TO SERVE THE WESTFIELD SUBDIVISION, PHASE III, IN THE CITY OF BOZEMAN, MONTANA. which Commission Resolution Nos. 2905 and 2907, 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 preliminary 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. 2905 and 2907 are being constructed and completed in accordance with the terms and conditions of Commission Resolution Nos. 2905 and 2907, and the preliminary estimate of the costs of said improvements, based upon the amount of the bond issue is the sum of One Hundred Thirty Thousand and no/100 Dollars ($130,000.00). - ...- . NOW, THEREFORE, pursuant to the provisions of Section 7-12-4201 and Section 7-12-4223, and all other applicable provisions of Title 7, Montana Code Annotated, and amendments thereto: BE IT RESOLVED AND IS HEREBY ORDERED BY THE COMMISSION OF THE CITY OF BOZEMAN, STATE OF MONT ANA: Section 1. That to defray the preliminary cost and expense of constructing and making the improvements of said Special Improvement District No. 657, there is hereby levied and assessed a tax amounting to the sum of One Hundred Thirty Thousand and no/100 Dollars ($130,000.001 upon all benefited property in said Special Improvement District No. 657, 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" 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 preliminary 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" 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 31 st 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 18th day of October 1993, 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. - 2 - -- Section 3. That the Clerk of the Commission of the City of Bozeman be ordered and 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 levying and assessing a special assessment of taxes to defray the preliminary cost and expense, based upon the amount of the bond issue, of constructing and making the improvements in the said Special Improvement District No. 657 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. PROVISIONALL Y PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 4th day of October 1993. ATTEST: ~J~ 11'\ ROBIN L. SULLIVAN . . Clerk of the Commission - FINALL Y PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 18th day of October 1993. ATTEST: ~L.i~ Clerk of the Commission APPROVED AS TO FORM: ~ ./") ,II ) . /./"i (' .'7 . 1fti/l(lt/~~ PAUL J/, E CitY.A"ttorney - 3 - ---- ,,""~ ---.-...--.-."... . . COMMISSION RESOLUTION NO. 2943 Preliminary Assessments for SID No. 657 - Accomplishing the engineering design, construction, inspection and engineering certification of asphalt concrete street improvements, storm drainage, concrete curb and gutter, concrete sidewalk, and all necessary appurtenances to serve the Westfield Subdivision, Phase III, in the City of Bozeman, Montana. SID No. 657 Name and Mailinq Address DescriDtion Clair W. Daines All lots within Westfield 67 West Kagy Blvd. Subdivision, Phase III Bozeman, MT 59715 This is to certify that I did personally mail at the Post Office in the City of Bozeman, on October 6, 1993, postage prepaid, a copy of the attached Notice in Re to the foregoing owner in Special Improvement District No. 657. ()~ c/ ~ ROBIN L. SULLIVAN Clerk of the Commission Subscribed and sworn to before me this 6th day of October 1993. - u. _ -.-.- --. ." \.~ NOTICE HEARING ON FINAL ADOPTION OF COMMISSION RESOLUTION NO. 2943. LEVYING AND ASSESSING SPECIAL IMPROVEMENT DISTRICT NO. 657. CITY OF BOZEMAN. FOR THE PURPOSE OF ACCOMPLISHING THE ENGINEERING DESIGN. CONSTRUCTION. INSPECTION AND ENGINEERING CERTIFICATION OF ASPHAL T CONCRETE STREET IMPROVEMENTS. STORM DRAINAGE. CONCRETE CURB AND GUTTER. CONCRETE SIDEWALK. AND ALL NECESSARY APPURTENANCES TO SERVE THE WESTFIELD SUBDIVISION. PHASE III. 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 4th day of October 1993, Commission Resolution No. 2943 was provisionally passed and adopted; that said Commission Resolution levies and assesses against Special Improvement District No. 657, in said City, a preliminary 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. 657 are described as follows: Description All lots within Westfield Subdivision, Phase III, located within the City of Bozeman in the SEY-a. of Section 24, T2S, R5E, M.P.M., more particularly described: Beginning at the East quarter corner of said Section 24; thence South 00014'07" West, along the East line of said Section 24, a distance of 769.82 feet; thence North 89044'28" West, a distance of 30.00 feet to a point on the westerly right-of-way of Wagon Wheel Road and the TRUE POINT OF BEGINNING; thence South 00014'07" West, along the westerly right-of-way of Wagon Wheel Road, a distance of 320.00 feet; thence North 89044'28" West, along the northerly boundary of Sourdough Creek Properties Subdivision No.8-A, a distance of 200.00 feet; thence South 89017'33" West, a distance of 922.43 feet; thence South 00006'08" West, a distance of 33.42 feet; thence South 89017'33" West, a distance of 128.00 feet, to a point on the easterly right-of-way of South 3rd Avenue; thence North 00006'08" East, along said easterly right-of- way, a distance of 400.00 feet; the following five courses are along the southerly boundary of Westfield Subdivision, Phase II; thence North 89017'33" East, a distance of 188.00 feet; thence South 00006'08" West, a distance of 40.00 feet; thence North 89017'33" East, a distance of 250.00 feet; thence South 81043'43" East, a distance of 63.83 feet; thence North 89017'33" East, a distance of 750.00 feet, to the TRUE POINT OF BEGINNING and containing 9.4766 acres. That said Commission Resolution No. 2943 is now on file in the office of the Clerk of the City Commission, subject to inspection for a period of ten (1 O) days by any persons interested. That Monday, the 18th day of October 1993, 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. 2943, and the levying of said preliminary 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. 2905, declaring it to be the intention of the Commission to create Special Improvement District No. 657, and Commission Resolution No. 2907, creating special Improvement District No. 657, for the purpose of accomplishing engineering design, construction, inspection and engineering certification of asphalt concrete street improvements, storm drainage, concrete curb and gutter, concrete sidewalk, and all necessary appurtenances to serve the Westfield Subdivision, Phase III, in the City of Bozeman, Montana. DATED this 4th day of October 1993. (J~J ~ ROBIN L. SULLIVAN Clerk of the Commission Publish: Thursday, October 7, 1993 . " ..~.. , . -.- --