HomeMy WebLinkAboutResolution 3322 Levying and assessing, SID 665
COMMISSION RESOLUTION NO. 3322
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. 665 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN,
STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND
MAKING THE IMPROVEMENTS WITHIN SAID EXTENDED SPECIAL
IMPROVEMENT DISTRICT NO. 665.
WHEREAS, the City Commission of the City of Bozeman did, on the 2nd day of
February 1998, duly and regularly pass Commission Resolution No. 3226, entitled:
COMMISSION RESOLUTION NO. 3226
A JOINT RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, AND THE BOARD OF COUNTY COMMISSIONERS
OF GALLATIN COUNTY, MONTANA, RELATING TO THE CREATION BY
THE CITY OF BOZEMAN OF AN EXTENDED SPECIAL IMPROVEMENT
DISTRICT NO. 665.
and Commission Resolution No. 3227, entitled:
COMMISSION RESOLUTION NO. 3227
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 665;
DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE
AN EXTENDED SPECIAL IMPROVEMENT DISTRICT NO. 665 FOR THE PURPOSE
OF UNDERTAKING CERTAIN LOCAL IMPROVEMENTS AND FINANCING THE
COSTS THEREOF AND INCIDENTAL THERETO THROUGH THE ISSUANCE OF
SPECIAL IMPROVEMENT DISTRICT BONDS SECURED BY THE CITY'S SPECIAL
IMPROVEMENT DISTRICT REVOLVING FUND.
and thereafter, after due and legal proceedings,the Commission of the City of Bozeman did,
on the 16th day of March 1998, duly and regularly pass Commission Resolution No. 3231,
entitled:
COMMISSION RESOLUTION NO. 3231
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 665;
CREATING THE DISTRICT FOR THE PURPOSE OF UNDERTAKING CERTAIN
LOCAL IMPROVEMENTS AND FINANCING THE COSTS THEREOF AND
INCIDENTAL THERETO THROUGH THE ISSUANCE OF SPECIAL IMPROVEMENT
DISTRICT BONDS SECURED BY THE CITY'S SPECIAL IMPROVEMENT DISTRICT
REVOLVING FUND AND ESTABLISHING COMPLIANCE WITH REIMBURSEMENT
BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE.
which Commission Resolution Nos. 3226, 3227 and 3231, 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
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WHEREAS, said improvements as contemplated in said Commission Resolution Nos.
3226, 3227 and 3231 are being constructed and completed in accordance with the terms
and conditions of Commission Resolution Nos. 3198, 3210 and 3246, and the estimate of
the costs of said improvements, based upon the amount of the bond issue, is the sum of
One Million Four Hundred Eighty-eight Thousand and No/100 Dollars ($1,488,000.00).
NOW, THEREFORE, BE IT RESOLVED AND IS HEREBY ORDERED by the City
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. 665, there is hereby levied
and assessed a tax amounting to the sum of One Million Four Hundred Eighty-eight
Thousand and no/1 00 Dollars ($1,488,000.00) upon all benefited property in said Extended
Special Improvement District No. 665, 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 fifteen 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.
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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
1999, 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
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. 665 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 V 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 1999.
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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 1999.
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ATTEST:
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ROBI L. SULLIVAN
Clerk of the Commission
APPROVED AS TO FORM:
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NOTICE
HEARING ON FINAL ADOPTION OF COMMISSION RESOLUTION NO. 3322,
LEVYING AND ASSESSING EXTENDED SPECIAL IMPROVEMENT DISTRICT
NO. 665, CITY OF BOZEMAN, FOR INSTALLATION OFTHE "NORTHWEST
WATERLINE", 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 1999, Commission Resolution No. 3322 was
provisionally passed and adopted; that said Commission Resolution levies and assesses
against Extended Special Improvement District No. 665, 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. 665 are described
as follows:
Description
A tract of land situated in the SE1 /4 and a portion of the NE1 /4 of Section
35, the NE1/4 of Section 2, a portion of the NW1/4 of Section 1 and a
portion of the W1/2 of Section 36, all situated in T1 S, R5E, P.M.M.,
Gallatin County, Montana, and being further described as follows:
Beginning at a point being the N 1/4 corner of said Section 35, said point
also being the southwest corner of Tract A-1 of Certificate of Survey No.
1827; Thence along the west line of said Tract A-1 N 01006' 11" E a
distance of 1670.86 feet to a point on the westerly right-of-way line of
Valley Center Drive; Thence along said line S 53020'12" E a distance of
22.64 feet, S 54033'43" E a distance of 146.30 feet to a curve to the
right with a radius of 1839.86 feet a distance of 163.27 feet; Thence on
a line perpendicular to said right-of way N 43058'04" E a distance of
130.00 feet to a point being the northwest corner of Tract A-2 of
Certificate of Survey No. 1827; Thence along the north line of said Tract
A-2 N 43057'53" E a distance of 29.80 feet to a point on the westerly
right-of-way line of Montana Department of Transportation lands; Thence
along said line and the easterly lines of Tracts A-2, Tract B-1 and Tract D-1
of Certificate of Survey No. 1827 S 53053'09" E a distance of 563.41
feet, S 37003'20" E a distance of 130.97 feet to a non-tangent curve to
the right with a radial bearing of S 40041'17" Wa radius of 1567.02 feet
a distance of 382.87 feet to a point of compound curve with a radius of
1075.92 feet a distance of 530.82 feet, S 07002'43" E a distance of
245.01 feet, S 06059'28" W a distance of 123.69 feet to a non-tangent
curve to the left having a radial bearing of N 82057'17" E with a radius of
890.29 feet a distance of 310.77 feet to a point of compound curve with
a radius of 672.96 feet a distance of 429.02 feet to a point on the
westerly right-of-way line of North 19th. Avenue, said point also being on
the westerly right-of-way of said Montana Department of Transportation
land; Thence along said line S 62018'47" E a distance of 234.49 feet to
a point on the easterly right-of-way line of said North 19th. Avenue;
Thence continuing along said Department of Transportation land
S 50021 '01" E a distance of 219.30 feet, S 67000'00" E a distance of
82.46 feet to a non-tangent curve to the right having a radial bearing of
S 37002'10" W with a radius of 884.93 feet a distance of 444.03 feet and
S 49055'01" E a distance of 75.48 feet to a point on the west right-of-
way line of Interstate 1-90; Thence along said line along a non-tangent
curve to the right having a radial bearing of S 77010'34" W with a radius
of 4187.50 feet a distance of 645.00 feet, S 03059'55" E a distance of
502.33 feet to a curve to the left with a radius of 4407.50 feet a distance
of 3348.88 feet to a point on the south line of Section 36; Thence along
said line N 87026'54" W a distance of 60.09 feet to a point on the
northerly right-of-way line of Baxter lane; Thence along said line along a
non-tangent curve to the left having a radial bearing of S 24028'57" W
with a radius of 877.41 feet a distance
of 331.55 feet and
N87010'00"Wa distance of 198.62 feet; Thence S 02050'00" Wa
distance of 64.46 feet to the north line of Tract A of Certificate of Survey
No. 1215C, said point being on the south line of Section 36; Thence along
said line N 87026'54" Wa distance of 880.68 feet to the corner common
to Sections 35, 36, 2 and 1; Thence along the south line of said Section 35
S 89022'30" Wa distance of 1075.47 feet to a point being the northeast
corner of a tract of land recorded in Film 124 page 1506 of Gallatin County
Records; Thence along the east line of said tract S 01 016'40" W a
distance of 1325.94 feet to a point on the north line of Tract D of
Certificate of Survey No. 1240-F; Thence along said line and the westerly
line of said Tract D S 89022'44" W a distance of 879.19
feet,
S 00037'16" E a distance of 100.00 feet to a curve to the left with a
radius of 380.00 feet a distance of 385.41 feet, S 58043'58" E a distance
of 596.16 feet, S 40057'28" W a distance
of 1 00.00 feet,
S 29042'26" W a distance of 284.62 feet, S 09029'00" Wa distance of
147.93 feet and S 12016'48" E a distance of 95.49 feet to a point being
the northwest corner of Tract C of Certificate of Survey No. 1240-E;
Thence along the west line of said Tract C S 04035'55" W a distance of
602.68 feet to a point being the northeast corner of Tract 2-A 1 of
Certificate of Survey No. 1240-C; Thence along the north line of said Tract
2-A 1 and the north line of Tract E of Certificate of Survey No. 1240-F
S 89012' 1 0" W a distance of 11 63.59 feet to a point on the north-south
mid section line of said Section 2, said point also being on the east line of
Certificate of Survey No. 1302; Thence along said line N 00024'50" W a
distance of 664.94 feet, N 01018'43" E a distance of 1301.55 feet and
N 01009'36" E a distance of 1325.85 feet to a point being the 1/4 corner
common to Section 2 and Section 35, said point also being the southwest
corner of lot 3 of minor Subdivision No. 210; Thence along the north-
south mid section line of said Section 35 and the west lines of said lot 3
N 00011'12" E a distance of 2650.75 feet to a point being the center of
said Section 35; Thence continuing along said mid-section line and the
west line of said lot 3 N 00006'38" W a distance of 2656.17 feet to the
Point of Beginning.
Said boundary contains 469.34 acres, more or less, along with and subject
to any existing easements.
That said Commission Resolution No. 3322 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 1999, 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. 3322, 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.
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All persons interested are referred to Commission Resolution Nos. 3226 and 3227,
declaring it to be the intention of the Commission to create Extended Special Improvement
District No. 665, and Commission Resolution No. 3231, creating Extended Special
Improvement District No. 665, for the purposes of engineering, design, construction,
installation and inspection of 10-inch and 12-inch water mains and all necessary
appurtenances, generally along North 19th Avenue, north of West Oak Street and south of
the North 19th Avenue 1-90 Interchange, to include, but not be limited to, trench excavation
and backfill, bedding material, ductile iron water mains, valves, fire hydrants and fittings, and
other necessary appurtenances thereto, in the City of Bozeman, Montana.
DA TED this 4th day of October 1999.
~ :i~
ROBIN L. SULLIVAN
Clerk of the Commission
Publish: Wednesday, October 6, 1999