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HomeMy WebLinkAboutResolution 2763 Relevying and reassessing SID 653 for improvements: 10-16-89 < . . ,~ COMMISSION RESOLUTION NO. 2763 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELEVYING AND REASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL BENEFITED PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 653 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. 653. WHEREAS, the City Commission of the City of Bozeman, did on the 7th day of March 1988, duly and regularly pass Commission Resolution No. 2690 entitled: COMMISSION RESOLUTION NO. 2690 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. 653 FOR THE PURPOSE OF ACCOMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION, INSPECTION AND ENGINEERING CERTIFICATION OF THE ASPHALT PAVING, CURB AND GUTTER, AND SIDEWALK ON A PORTION OF GRAF STREET AND ALL OTHER NECESSARY APPURTENANCES TO COLLECTOR STANDARDS. and thereafter, after due and legal proceedings, the Commission of the City of Bozeman did on the 16th day of May 1988, duly pass Commission Resolution No. 2696 entitled: COMMISSION RESOLUTION NO. 2696 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. 653 FOR THE PURPOSE OF ACCOMPLISHING THE EN- GINEERING DESIGN, CONSTRUCTION, INSPECTION AND EN- GINEERING CERTIFICATION OF THE ASPHALT PAVING, CURB AND GUTTER, AND SIDEWALK ON A PORTION OF GRAF STREET AND ALL OTHER NECESSARY APPURTENANCES TO COLLECTOR ST ANDARDS. which Commission Resolution Nos. 2690 and 2696, 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 improvement to be constructed therein, the estimated cost of said improvements, and the method of assessing the cost against the property within said district; and WHEREAS, the City Commission of the City of Bozeman did, on the 17th day of October 1988, duly and regularly pass Commission Resolution No. 2724 entitled COMMISSION RESOLUTION NO. 2724 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. 653 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. 653. WHEREAS, said improvements as contemplated in said Commission Resolution Nos. 2690 and 2696 have been constructed and completed in ac- cordance with the terms and conditions of Commission Resolution Nos. 2690 and 2696, and the costs of said improvements so constructed is the sum of One Hundred Sixty-four Thousand Seven Hundred Twenty-eight and 50/100 Dollars ($164,728.50) . 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 IT IS HEREBY ORDERED BY THE COMMISSION OF THE CITY OF BOZEMAN, STATE OF MONTANA Section 1. That to defray the cost and expense of constructing and making the improvements in said Special Improvement District No. 653, there be, and there is hereby relevied and reassessed a tax amounting to the sum of One Hundred Sixty-four Thousand Seven Hundred Twenty-eight and 50/100 Dol- lars ($164,728.50) upon all benefited property in said Special Improvement District No. 653, 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 be, and the same are hereby respectively relevied and reas- sessed upon and against said described lots and parcels of land to defray the cost and expense of constructing and making the improvements within said Dis- trict; 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 19 years; that the payment of the respective semi-annual installments 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 - 2 - 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 li- able 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 16th day of October 1989, at 7: 00 o'clock p.m., be, and the same is hereby 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 be, and she is hereby ordered and directed to publish in the Bozeman Daily Chronicle, a daily newspaper printed and published in the said City of Bozeman, a notice signed by the Clerk of the Commission and stating that a Res- olution relevying and reassessing a special assessment of taxes to defray the cost and expense of constructing and making the improvements in the said Spec- ial Improvement District No. 653 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 Commis- sion for the final adoption of this 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 Commission of the City of Bozeman at a regular session thereof held on the 2nd day of October 1989. ~~&rW:~ ATTEST: ~.~U~ Clerk of the City Commission Finally passed and adopted by the Commission of the City of Bozeman at - 3 - -- . a regular session thereof held on the 16th day of October 1989. ~1~aV## ATTEST: {i:~ ,~ Clerk of the City Commission ~::~/jL - City Attorney :~.. .1 .,. ~ ...... ,. ,~."~.IIi>Tf" ~~. . NO. 2713 A ReMluUon of the City Comml.....of the City .01 caff t~au t t of lublteatton 801'''''1 Montan.,r..."y- Ing .nd ,.......1... epe- el.1 .....lIIrientof tax" ( IIPOn alllMnellted property In SpeclallmprOftlMnt-ols. trlet No. 113 In the CIty of ......n. eeunty or Galla- tin, 'tat. of Monte.... to STATE OF MONTANA, } ss. ~ay tM GMt of conetruct- Ing end making .... 1m. County of Gallatin, pro".menta .Ithln 'al~. Vivie Portnell spacial Improv_t Dla- , being duly sworn, triCt No. IlL City of Bozeman . Principal Clerk State of Montana' deposes and says: That ~he is County of Gallatin .'. .! I, Robin L. Sullivan, Clerk qt . ofthe Bozeman Dailv Chronicle, a newspaper of general circulation, the City Commission of the City of Bozeman, Montana, do printed and published in Bozeman, Gallatin County, Montana; and that the hereby certify that the forego- ingis the true and corr<ecl title and number of Comr!1isslon notice hereunto annexed ( Commission Resolution No. 2763 Resolution No. 2763 passed an(\.adopte~ at a regular _ session thereof held on the 16th day ot October, 1989. r Dated this 11th day of Octo- _ , ber, 1.989. has been correctly published in the regular and entire issue of every number of said pI Clerk of ~~eB~';'c~.~~I~~~ _ for ---1.....- con~c.. u:L~ v e insertion , the first of which publicatio was 22nd day of October 19 J!.L , and the last on the 22nd 19 89 Subscribed and sworn to before me this /.':\rd day of Q:;;~ Notary Public for the State of Montana, residing at I Bozeman, Montana NOTARY PUBLlC.for the state of Montana Resi1:"!'rg:J! DOloman. Montana My C'lfj)mission expires July 6,1990 ----.--.-...- _._n_._.' ,,_ -...-----.-.,.-....,--. -.-..,.---- . -. .- -.-..---.- _ '___n_...._~. NOTICE HEARING, FINAL ADOPTION OF COMMISSION RESOLUTION NO. 2763, RELEVYING AND REASSESSING SPECIAL IMPROVEMENT DISTRICT NO. 653, CITY OF BOZEMAN FOR THE PURPOSE OF ACCOMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION, INSPECTION AND ENGINEERING CERTIFICATION OF THE ASPHALT PAVING, CURB AND GUTTER, AND SIDEWALK ON A PORTION OF GRAF STREET AND ALL OTHER NECESSARY APPURTENANCES TO COLLECTOR STANDARDS. NOTICE IS HEREBY GIVEN, that at a regular session of the Commission of the City of Bozeman, held on the 2nd day of October 1989, Commission Res- olution 2763 was provisionally passed and adopted; that said Commission Reso- lution relevies and reassesses against Special Improvement District No. 653, in said City, an amount to provide for the cost and expense of making im- provements within said District, to wit: The boundaries of said Special Improvement District No. 653 are described as follows: Description A Special Improvement District for street, curb and gutter, and sidewalk improvements for Lot 6A of Amended Plat 1-46-A, Lot 5, Block 6 of Graf's Third Addition, and Spring Meadow Subdivision, all situated in Section 19, Township 2 South, Range 6 East, Principal Meridian Montana; City of Bozeman, Gallatin County, Montana, and being more particularly described as follows: Beginning at the northeast corner of said Spring Meadow Sub- division, thence along the easterly line of said subdivision SOOo10'49"E a distance of 900.99 feet and S43049101"E a distance of 667.41 feet, thence N85047'44"W a distance of 212.35 feet, thence N89012'08"W a distance of 313.00 feet, thence N64020'10"W a distance of 95.13 feet, thence N89012'08"W a distance of 315.75 feet to the southeast corner of said Lot 6A of Amended Plat 1-46-A, thence along a portion of the east line of said Lot 6A of Amended Plat 1-46-A N00028'Ol"E a distance of 66.81 feet; thence N89011150"W a distance of 611.12 feet to a point on the west line of said Lot 6A, thence along said line NOOol1121"E a distance of 73.45 feet to the northwest corner of said Lot 6A, thence N27054134"E a distance of 66.62 feet to the southwest corner of Lot 5, Block 6, Graf's Third Addition, thence along a portion of the west line of said Lot 5, N02006145"E a distance of 53.17 feet, thence 589029'52" E a distance of 198.67 feet to a point on the east line of said Lot 5, thence along a portion of the east line of said Lot 5, SOl020'31"W a distance of 53.17 feet, thence along the wes- terly line of said Spring Meadow Subdivision S89009139"E a dis- tance of 630.61 feet, thence NOOo04I05"W a distance of 1123.55 feet, thence along the north line of said Spring Meadow Subdivi- sion S89007156"E a distance of 211.80 feet to the point of be- ginning. That said Commission Resolution No. 2763 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 16th day of October 1989, at 7:00 o'clock 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 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 ,iii . I \,"" adoption of said Commission Resolution No. 2763, and the relevying of a said assessment and that said Resolution will finally be passed and adopted at the said regular session. All persons interested are referred to Commission Resolution No. 2690, declaring it to be the intention of the Commission to create Special Improvement District No. 653, and Commission Resolution No. 2696, creating Special Improve- ment District No. 653, for the purpose of accomplishing the engineering design, construction, inspection and engineering certification of the asphalt paving, curb and gutter, and sidewalk on a portion of Graf Street and all other nec- essary appurtenances to collector standards. Dated the 2nd day of October 1989. R~S~~ Clerk of the City Commission ,.~.... ... ..... .>:......'..... ...... I...... n.I",.IL~,: ..1.\ Hearing, Final Adoption of COII'Iml..1on R.Miutlon No. l 2713,' ..-vying .net ...... ....In. ".' Specie' Improve- , , t-.l ment Dietrlct No,8S3, City of t!II." t. ~I ~ i t 0,1, U~ i tl t to n ==::i~C::I~~. f~~~,f. 1'0,1,,1, Y n..rtng d..I,n, COMtrue- tlon, in.p.ctlon and engln..rint ~ of ~~.~.MJIItr' STATE OF MONTANA, , County of Gallatin, } ss, 'NN-_ ' Vivie Portnell ,being duly sworn, "7/~c,j deposes and says: That ...!!he is Princi"al Clerk : ee" ~ ~. of the Bozeman Daily Chronicle, a newspaper of general circulation,i~,,\;t'8 .1 WB ~\I8Od J8UOtSI8fOJd printed and published in Bozeman, Gallatin County, Montana; and that the ~ ~ w:.1U:~~ I }O ~80 81181. o~ 8'l1li ptnO.If\ I notice hereunto annexed ( Final Adoption of Commission Resolutio '''''MOMS :/Ill~ _ \ . No. 2763 . ............-8 ), has been correctly published in the regular and entire issue of every number of said pa ~n8n _ UI~ UI SJ818M81' ljOlqnljOS 1 . i i h fi t f h' h bl' t' 018Wns8J &lIJS 'sweueq I"" for_consecutIVe nsert on ,t e Irs 0 W IC pu Ica Ion W -1801<3 '8OUII!Jl!dX8 "'"....11\,1 ,_ ISrln 'N!unlJoddoMJBOI"JD day of October 19 J!L , and the last on the 0< -lIew/UOMd $8f.iseeu~~II~ :- ~ DQtuedo e~P8WWI UB 8'"'1 ........ qmF1IOI _ '9-(: JO (: l-6 'Q6E6..gGG I Subscribed and sworn to before me this '" day of ~ O~tObe~ ..... . ':I.~~n~.w= -- ( J JO '<1lt1911 'welCloJd &J18IlJ9^PI . j I~I XII ~u ..... .I8PIO _ --.,-~' 'Jk.'.ij.1I08 01 t!IN1NI:IV3 Notary Public for the State .~ ~ 11:)0\ 'E: ' It I Bozeman, I\6H(:-L99 lie:) '1.IJ810 'QI(I~u.weOU8^p~ peUUBld NOT ARY PUEUG,lor the : ~.. .~ "/i.oU. .pepeau etdoed . Residing at BozeHK,,:I, MOl '.~ AIIInI My Commission expires JU. iJ8kl!dW3 '<lIun1JO<ldo renb3 u.' ~ i:U.:>>I.~t, 01. _1~!MIII;.~~", -. ...--.....--.---...- -----..---.... .-.".---..---- - u. _ . " , ".... SID NO. 653 FINALIZED COST DESCRIPTION: DATE AMOUNT WARRANT # COMM RES NO 2690 4/01/88 225.50 61,001 RESOLUTION 2690 4/01/88 10.50 61,001 SALE OF BONDS SID 653 8/01/88 272.70 62,027 RES 2699 7/01/88 11. 40 62,027 SID 653 CONSTRUCTION 7/01/88 19.00 62,027 PAYMENT NO. 1 SID 653 8/09/88 14,300.00 62,271 BOZEMAN DAILY CHRONICLE 9/14/88 7.80 62,497 POSTAGE 9/14/88 19.80 62,497 1% SID 653 GRAF STREET 9/27/88 120.96 62,555 SID 653 GRAF STREET 9/13/88 11,975.04 62,602 1% SID 653 GRAF 10/25/88 870.45 62,779 PAYMENT NO. 2 SID 653 GRAF 10/25/88 9,652.00 62,844 PAYMENT NO. 2 SID 653 GRAF 10/25/88 86,174.36 62,841 653 REGISTERED BONDS 12/05/88 504.75 63,212 653 BONDS/LEGAL SERVICES 12/06/88 2,500.00 63,158 POSTAGE 12/06/88 0.75 63,209 1% SID 653/ROADWAY/GRAFF 12/13/88 150.12 63,275 SID 653 NO. 3 GRAFF 12/13/88 14,862.25 63,338 SID 653 GRAF COLLECTOR 7/14/89 1,193.00 65,420 1% SID 653 GRAF 7/18/89 92.65 65,414 SID 653 PAY NO. 4 GRAF 7/12/89 9,172.41 65,448 Water Repair Bill 10/14/88 390.95 TOTAL 152,526.39 Revolving Fund (5%) 7,626.32 Administrative Charge (3%) 4,575.79 GRAND TOTAL 164,728.50 Amount of Bond Issue 180,000.00 Finalized Cost 164,728.50 Costs tt~';-i.p ~ !J?Aw-'~it ~ral amradt, min Serv Dir 9....;:1/...$9 Date .