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HomeMy WebLinkAboutResolution 3321 Levying and assessing, SID 664 COMMISSION RESOLUTION NO. 3321 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. 664 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONT ANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID EXTENDED SPECIAL IMPROVEMENT DISTRICT NO. 664. WHEREAS, the City Commission of the City of Bozeman did, on the 2nd day of September 1997, duly and regularly pass Commission Resolution No. 3198, entitled: COMMISSION RESOLUTION NO. 3198 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 AN EXTENDED SPECIAL IMPROVEMENT DISTRICT NO. 664 FOR STREET IMPROVEMENTS FOR THE ENGINEERING DESIGN, CONSTRUCTION, INSPECTION AND ENGINEERING CERTIFICATION OF ASPHALT CEMENT PAVING, GRAVEL BASE COURSES AND SUBGRADE PREPARATION, CURB, GUTTER AND SIDEWALKS, STORM DRAINAGE AND ALL NECESSARY APPURTENANCES TO CONSTRUCT A 640.02- FOOT LONG PORTION OF WEST BEALL STREET LYING BETWEEN ITS CURRENT TERMINUS WEST OF NORTH 23RD A VENUE AND NORTH 25TH AVENUE, IN THE CITY OF BOZEMAN, MONTANA, 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, subsequently, the Commission of the City of Bozeman did, on the 6th day of October 1997, duly and regularly pass Commission Resolution No. 3210, entitled: COMMISSION RESOLUTION NO. 3210 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 AN EXTENDED SPECIAL IMPROVEMENT DISTRICT NO. 664 FOR STREET IMPROVEMENTS FOR THE ENGINEERING DESIGN, CONSTRUCTION, INSPECTION AND ENGINEERING CERTIFICATION OF ASPHALT CEMENT PAVING, GRAVEL BASE COURSES AND SUBGRADE PREPARATION, CURB, GUTTER AND SIDEWALKS, STORM DRAINAGE AND ALL NECESSARY APPURTENANCES TO CONSTRUCT A 640.02- FOOT LONG PORTION OF WEST BEALL STREET LYING BETWEEN ITS CURRENT TERMINUS WEST OF NORTH 23RD A VENUE AND NORTH 25TH AVENUE, IN THE CITY OF BOZEMAN, MONTANA, 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 15th day of June 1998, duly pass Commission Resolution No. 3246, entitled: COMMISSION RESOLUTION NO. 3246 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 664; 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. 3198,3210 and 3246, 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 WHEREAS, said improvements as contemplated in said Commission Resolution Nos. 3198, 3210 and 3246 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 Hundred Fifty Thousand and No/100 Dollars ($150,000.00). 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. 664, there is hereby levied and assessed a tax amounting to the sum of One Hundred Fifth Thousand and no/100 Dollars ($150,000.00) upon all benefited property in said Extended Special Improvement District No. 664, 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 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 fourteen years; that the payment of the respective - 2 - 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 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. 664 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 1999. ATTEST: ~8~ MARCIA B. YOUN MAN, Mayor ~YD~ ROBIN L. SULLIVAN Clerk of the Commission - 3 - FINALL V 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. MAR~~~ ATTEST: ~Jh~ ROBIN L. SULLIVAN Clerk of the Commission - 4 - ------ - -- ,..,.- ..--..- NOTICE HEARING ON FINAL ADOPTION OF COMMISSION RESOLUTION NO. 3321, LEVYING AND ASSESSING EXTENDED SPECIAL IMPROVEMENT DISTRICT NO. 664, CITY OF BOZEMAN, FOR STREET IMPROVEMENTS FOR THE ENGINEERING DESIGN, CONSTRUCTION, INSPECTION AND ENGINEERING CERTIFICATION OF ASPHALT CEMENT PAVING, GRAVEL BASE COURSES AND SUBGRADE PREPARATION, CURB, GUTTER AND SIDEWALKS, STORM DRAINAGE AND ALL NECESSARY APPURTENANCES TO CONSTRUCT A 640.02-FOOT LONG PORTION OF WEST BEALL STREET LYING BETWEEN ITS CURRENT TERMINUS WEST OF NORTH 23RD A VENUE AND NORTH 25TH AVENUE, 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. 3321 was provisionally passed and adopted; that said Commission Resolution levies and assesses against Extended Special Improvement District No. 664, 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. 664 are described as follows: Description Two tracts of land, one being Tract 1, Certificate of Survey No. 1855, and the other being West Babcock Subdivision, located in the Northeast one-quarter of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian, and being further described as follows: Beginning at the northwest corner of said Certificate or Survey No. 1855; thence in a clockwise direction around and along the perimeter boundary of said Certificate of Survey No. 1855 through the following courses: North 88020'08" East, a distance of 289.93 feet; South 00009'52" West, a distance of 291.36 feet; South 79030'07" East, a distance of 227.00 feet; North 25020'54" East, a distance of 127.00 feet; North 00010'00" East, a distance of 226.01 feet; North 88020'08" East, a distance of 80.00 feet; South 00009'53" West, a distance of 1252.50 feet; South 83053'09" West, a distance of 335.93 feet; South 00003'40" East, a distance of 60.03 feet. Thence in a clockwise direction around and along the perimeter boundary of said West Babcock Subdivision, as follows: South 00002'36" East, a distance of 1304.14 feet; South 88014'02" West, a distance of 329.88 feet; North 00001 '37" West, a distance of 1303.87 feet; North 88011 '38" East, a distance of 25.43 feet; thence North 00014'32" West along the west line of Certificate of Survey No. 1855, a distance of 1339.14 feet to the point of beginning. Said Tracts contain 27.085 acres more or less, or 1,179,823 square feet, along with and subject to any existing easements. That said Commission Resolution No. 3321 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. 3321, 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. All persons interested are referred to Commission Resolution Nos. 3198 and 3210, declaring it to be the intention of the Commission to create Extended Special Improvement District No. 664, and Commission Resolution No. 3246, creating Extended Special Improvement District No. 664, for the purposes of engineering design, construction, inspection and engineering certification of asphalt cement paving, gravel base courses and subgrade preparation and all necessary appurtenances to construct West Beall Street, including paving, curb, gutter, sidewalks and storm drainage, from the existing terminus west of North 23rd Avenue to North 25th Avenue, which is an approximate distance of 640.02 feet, in the City of Bozeman, Montana. DA TED this 4th day of October 1999. (l~ Y ~ ROBIN L. SULLIVAN Clerk of the Commission Publish: Wednesday, October 6, 1999 -------- ---- - -------- --- - ---