HomeMy WebLinkAboutResolution 2943 Levying and assessing SID 657 - preliminary
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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).
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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.
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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:
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ROBIN L. SULLIVAN . .
Clerk of the Commission
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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: ~
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1fti/l(lt/~~
PAUL J/, E
CitY.A"ttorney
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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.
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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
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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
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