HomeMy WebLinkAboutResolution Levying Assessment for SID778Version February 2023
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RESOLUTION
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
LEVYING A SPECIAL ASSESSMENT UPON ALL PROPERTY SITUATED WITHIN SPECIAL
IMPROVEMENT DISTRICT NO. 778 IN THE TOTAL AMOUNT OF $167,064.18 TO DEFRAY THE
COST OF MAKING THE IMPROVEMENTS IN SAID SPECIAL IMPROVEMENT DISTRICT PURSUANT
TO RESOLUTION NUMBER 5465 CREATING THE DISTRICT.
WHEREAS, the City Commission of the City of Bozeman, Montana did create Special
Improvement District 778 (the “District”) and thereby ordered and directed to finance the costs
of various improvements within the District improvements as specified in Resolution No. 5465
(the “Improvements”); and
WHEREAS, the actual cost of said Improvements to be assessed against the properties
within the District amounts to the sum of $167,064.18 is to be paid over a period of twenty (20)
years by property located within the District; and
WHEREAS, the Bozeman City Commission on June 3, 2025 adopted a Resolution
authorizing an Interfund Loan through the transfer of excess monies of the Special Improvement
District Revolving Fund (the “Revolving Fund”) to the Street Reconstruction Fund to purchase
warrants (the “Warrants”) to make funds available to finance the District’s share of the costs of
the Improvements including the Incidental Costs (“District’s Share of Improvements”), such
Warrants to be held by the Street Reconstruction Fund and drawn against the SID 778 Bogert
Place Special Assessment Fund (the “Special Assessment Fund”); and
WHEREAS, in accordance with MCA 7-12-4176 through 7-12-4179, and MCA 7-12-4183,
the properties located in the District are to be assessed bi-annually to defray the District’s Share
of Improvements; each lot, tract, piece, or parcel of land to be assessed for its proportionate
share of the whole of the District’s Share of the Improvements based on the formula set forth in
the resolution of intent to create the District; and
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WHEREAS, the City Clerk published notice of resolution for levy and assessment in the
Bozeman Daily Chronicle on May 31, 2025 and June 7, 2025 and sent mail notices to the owners
of each lot, tract, piece, or parcel of land to be assessed in accordance with 7-12-4177, MCA; and
WHEREAS, the City Commission conducted a public hearing on the resolution for levy and
assessment on June 3, 2025 in accordance with 7-12-4178, MCA.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana as follows:
Section 1
To defray the costs and expense of making said improvements in the District, the City of
Bozeman hereby levies and assesses a tax upon all property situated within the District in the
respective amounts listed on Exhibit A attached, which is hereby incorporated herein and made
a part hereof. The special assessments for the costs of the Improvements shall be levied and
assessed in accordance with the method of assessments referred to in the resolution of intention.
Such assessments shall be payable over a term not exceeding twenty (20) years, each in
substantially equal semiannual payments of principal and interest. The special assessments shall
bear interest from the Interfund Loan authorized in the Warrant Authorization Resolution until
paid at an annual rate of 3.5%. Property owners shall have the right to prepay the special
assessments as provided by law.
Section 2
The Commission hereby ratifies and confirms that the assessment of costs of the specific
Improvements against the property benefitted thereby as prescribed by the resolution of
intention is equitable and in proportion to and not exceeding the special benefits derived from
the Improvements by the parcel to be assessed therefor within the District, and the special
assessments authorized by this resolution are in accordance with the methods and do not exceed
the amounts prescribed by the resolution of intention.
Section 3
The assessments for the District which are listed in the City Treasurer’s assessment book
are due and payable to the City Treasurer of the City of Bozeman and will become delinquent at
5pm on November 30th and May 31st of each year until they are paid in full.
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Section 4
This resolution shall be kept on file in the office of the City Clerk and shall be open to
public inspection.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the _____ day of ___________________, 20____.
___________________________________
TERRY CUNNINGHAM
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
EXHIBIT AProperty Address Property Owner 1 Property Owner 2 Property Owner 3 Mailing Address City Zip Code State Bogert Pl Frontage (lf) SID Assessment411 S Church Ave Sinnay, KennethPO Box 42 Bozeman 59771 MT15020,700.00$ 418 Bogert Pl Williams, Natalie EPO Box 7324 Bozeman 59771 MT63.368,743.68$ 412 Bogert Pl McCallum, Bruce D McCallum, Mary L412 Bogert Pl Bozeman 59715 MT7310,074.00$ 406 Bogert Pl McCallum, William L McCallum, Mariah A McCallum, Matthew B 406 Bogert Pl Bozeman 59715 MT19026,220.00$ 405 E Story St Kinsey, Margaret L405 E Story St Bozeman 59715 MT9513,110.00$ Bogert Park City of Bozeman20 E Olive Street Bozeman 59771 MT422.558,305.00$ Bozeman Creek City of Bozeman20 E Olive Street Bozeman 59771 MT 216.7529,911.50$ Total Accessable Frontage1210.61Assessment/LF138.00$ Total Assessment 167,064.18$