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HomeMy WebLinkAboutResolution 2942 Levying and assessing SID 656 - preliminary COMMISSION RESOLUTION NO. 2942 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. 656 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. 656. WHEREAS, the City Commission of the City of Bozeman did, on the 14th day of December 1992, duly and regularly pass Commission Resolution No. 2898, entitled: COMMISSION RESOLUTION NO. 2898 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 SPECIAL IMPROVEMENT DISTRICT NO. 656 FOR THE PURPOSE OF ACCOMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION, INSPECTION AND ENGINEERING CERTIFICATION OF A 10-INCH WATER MAIN AND ALL NECESSARY APPURTENANCES TO SERVE ALL LOTS AND TRACTS LOCATED IN THE BURRUP ANNEXATION TO THE CITY OF BOZEMAN, MONTANA. and thereafter, after due and legal proceedings, the Commission of the City of Bozeman did, on the 19th day of January 1993, duly pass Commission Resolution No. 2903, entitled: COMMISSION RESOLUTION NO. 2903 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 656 FOR THE PURPOSE OF ACCOMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION, INSPECTION AND ENGINEERING CERTIFICATION OF A 10-INCH WATER MAIN AND ALL NECESSARY APPURTENANCES TO SERVE ALL lOTS AND TRACTS LOCATED IN THE BURRUP ANNEXATION TO THE CITY OF BOZEMAN, MONTANA, which Commission Resolution Nos. 2898 and 2903, 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. 2898 and 2903 are being constructed and completed in accordance with the terms and conditions of Commission Resolution Nos. 2898 and 2903, and the preliminary estimate of the costs of said improvements, based upon the amount of the bond issue is the sum of Three Hundred Ninety-two Thousand and no/100 Dollars ($392,000.00). 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 MONTANA: Section 1. That to defray the preliminary cost and expense of constructing and making the improvements of said Special Improvement District No. 656, there is hereby levied and assessed a tax amounting to the sum of Three Hundred Ninety-two Thousand and no/l00 Dollars ($392,000.00) upon all benefited property in said Special Improvement District No. 656, 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 ninteeen 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. 656 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 4th day of October 1993. ATTEST: . ~J:c tu~ · 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 25th day of October 1993. ~ ATTEST: l' JOR QtJ~ ROBIN L. SULLIVAN Clerk of the Commission APPROVED AS TO FORM: ' ./"7. (' 1~..7/t&(/{?_ PAUL J. .... . City torney - 3 - COMMISSION RESOLUTION NO. 2942 Preliminary Assessments for SID No. 656 - Accomplishing the engineering design, construction, installation, inspection and engineering certification of the 10-inch water main extension, and all other necessary appurtenances, in the Burrup Annexation to the City of Bozeman, Montana. SID No. 656 Name and MailinQ Address DescriDtion Kamp Land & Investment Tract 6 P.O. Box 3839 Bozeman, Montana 59715 Ellen Kreighbaum Tract 9 3500 Blackwood Road Bozeman, Montana 59715 Donald J. & Gloria Thiesen cas No. 246 31 842 Frontage Road Bozeman, Montana 59715 Michael S. Huempfner Tract A, cas 475B P.O. Box 6100 Bozeman, Montana 59715 Anthony Wayne Oil Co. Tract B, COS 475B 8302 Starling Drive Bozeman, Montana 59715 David A. Osterman Tract 1, cas 1303 2210 Highland Court Bozeman, Montana 59715 Martin B. Johnston Shawnee Industrial Park, Lots 1 and 2 Silverado Oaks, 338 Deer Hollow Napa, California 94558 Marvin and Judy Cowdrey Shawnee Industrial Park, Lots 3, 4 and 5; 32300 East Frontage Road Tract A-1, COS 1 365 Bozeman, Montana 59715 Neal E. Ganser Minor Sub. No. 71, Lot 1 32404 Frontage Road Bozeman, Montana 59715 Gene Cook, Ken LeClair, Paul Minor Sub. No. 71, Lot 2 & Connie VanderJagt 2540 West Main Street Bozeman, Montana 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 owners in Special Improvement District No. 656. C;;~ d~ ROBIN L. SULLIVAN Clerk of the Commission Subscribed and sworn to before me this 6th day of October 1993. - , . ~ NOTARY " Residing t ozeman, Montana - ... - My Commission expires: Aug. 4, 1995 --- --- - ~ ~ - ------ -., ~. . NOTICE HEARING ON FINAL ADOPTION OF COMMISSION RESOLUTION NO. 2942, LEVYING AND ASSESSING SPECIAL IMPROVEMENT DISTRICT NO. 656, CITY OF BOZEMAN, FOR THE PURPOSE OF ACCOMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION, INSPECTION AND ENGINEERING CERTIFICATION OF A 10-INCH WATER MAIN AND ALL NECESSARY APPURTENANCES TO SERVE ALL LOTS AND TRACTS LOCATED IN THE BURRUP ANNEXATION TO 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. 2942 was provisionally passed and adopted; that said Commission Resolution levies and assesses against Special Improvement District No. 656, 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. 656 are described as follows: Description All lots and tracts within the Burrup Annexation, located within the City of Bozeman in the Southeast one-quarter of Section 8, and the Southwest one- quarter and the Southeast one-quarter of Section 9, and the Northwest one- quarter and the Northeast one-quarter of Section 16, Township 2 South, Range 6 East, Montana Principal Meridian, and more particularly described as follows: Burrup Annexation to the City of Bozeman, Gallatin County, Montana, filed in the office of the Clerk and Recorder, March 23, 1979, further described as follows: Beginning at a point where the Northerly right-of-way line of 1-90 Median Centerline intersects the East line of the SW% SE% of said Section 8, which point bears South 89054'41" West a distance of 1325.42 feet and North 00000' 40" West a distance of 714.43 feet, more or less, from the Southeast corner of said Section 8; thence along a spiral curve to the right, having a deflection of 00022'34" a distance of 38.26 feet, to a point 130 feet Northeasterly when measured radially from the Median Centerline curve to spiral Station 190 + 12.4, thence Northwesterly along a curve to the right of 2162 feet radius, 130 feet Northeasterly on and parallel to said Median Centerline through a central angle of 09048'33" an arc length of 370.14 feet to a point 130 feet Northeasterly when measured radially from said Median Centerline Station 186 + 20; thence North 41012'43" West a distance of 116.3 feet to a point 160 feet Northeasterly when measured radially from said Median Centerline Station 185 + 100, thence 160 feet distant Northeasterly and parallel to said Median Centerline curve to the right radius 2132 feet, a central angle of 16006'51" and a distance of 599.6 feet to a point of intersection with a line which is parallel to and 120 feet distance southerly of the centerline of "E" line Station 44 +40.2, thence North 87053'30" East, parallel to said "E" line, a distance of 167.6 feet; thence Easterly along a curve to the right of 1026.0 feet radius, parallel to said "E" line through a central angle of 24010'23" and a distance of 432.87 feet; thence South 67056' East, parallel to said "E" line a distance of 304.0 feet to the East line of the SW% SE% of said Section 8; thence North 00012' East along the West line of the Certificate of Survey recorded on Film 7, Page 1072, of the Clerk and Recorders' Office, Gallatin County, a distance of 49.34 feet to a point on the Southwesterly right- of-way of U.S. Highway No.1 0, which point is 80.0 feet right when measured at right angles to highway centerline Station 51 + 58.0; thence along said right- of-way in an arc to the left of radius 8675.0 feet through a central angle of -- .-.--- "r 05035'32" and a distance of 846.70 feet, whose chord bears South 70026'23" East a distance of 846.32 feet; thence along the North line of Certificate of Survey No. 4758 along a 8675.0 foot radius curve to the left, whose tangent bearing at the P.C. is South 74058'16" East, through a deflection of 00050'47" left a distance of 128.15 feet; thence South 74007' East a distance of 1018.50 feet to the Northeast corner of Certificate of Survey No. 4758 thence continuing along said U.S. 10 right-of-way South 74007' East a distance of 764.00 feet to the Northeast corner of Minor Subdivision No. 41 ; thence South 73055'49" East, along said right-of-way, a distance of 2281.45 feet; thence South 00004'25" West a distance of 668.51 feet; thence North 73049'07" West a distance of 940.73 feet; thence South 00016' 17" East, a distance of 88.86 feet to the Northerly right-of-way of 1-90; thence along said right-of-way through the following courses: North 70044' 18" West, a distance of 160.31 feet. North 56015'34" West, a distance of 41.31 feet, North 70040'39" West a distance of 152.29 feet, to the Southwest corner of Tract A-1, Certificate of Survey No. 1365; thence North 70032'45" West using 1-90 datum a distance of 465.00 feet; thence North 84034'55" West a distance of 82.46 feet; thence North 70032'45" West a distance of 1245.00 feet to the Southeast corner of Certificate of Survey No. 4758; thence North 70034' West a distance of 1165.53 feet to the Southern corner common to Certificate of Survey No. 4758 and No. 246; thence North 70034' West a distance of 631.90 feet; thence on and along a spiral curve to the right, 130.00 feet Northeasterly of the centerline spiral, spiral having a deflection of 01 012'45" per 1 00 feet, a distance of 214.86 feet to the point of beginning, and containing 79.22 acres, more or less. That said Commission Resolution No. 2942 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 18th day of October 1993, at 7:00 p.m. of said day, at a regular session of the Commission of the City of 80zeman, 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. 2942. 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. 2898, declaring it to be . the intention of the Commission to create Special Improvement District No. 656, and Commission Resolution No. 2903. creating Special Improvement District No. 656. for the purpose of accomplishing engineering design, construction, inspection and engineering certification of a 10- inch water main and all necessary appurtenances to serve all lots and tracts located in the Burrup Annexation to the City of Bozeman, Montana. DA TED this 4th day of October 1993. (}~J k ~ . ROBIN L. SULLIVAN , Clerk of the Commission . Publish: Thursday. October 7. 1993 ---.