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HomeMy WebLinkAboutResolution 2814 Levying and assessing SID 655 for improvements u__________.. _.___.".._._.n_ u_ .._..._ .~. If &,.. "'!. COMMISSION RESOLUTION NO. 2814 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. 655 I N THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAK I NG THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 655. WHEREAS, the City Commission of the City of Bozeman, did on the 14th day of May 1990, duly and regularly pass Commission Resolution No. 2786 entitled: COMMISSION RESOLUTION NO. 2786 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. 655 FOR THE PURPOSE OF ACCOMPLISHING THE ENG I NEERI NG DESIGN, CONSTRUCTION, INSTALLATION, IN- SPECTION AND ENGINEERING CERTIFICATION OF ASPHALT STREET PA VI NG, INTEGRAL CURB AND GUTTER, AND STORM DRAINAGE IMPROVEMENTS ON CONCORD DRIVE AND A POR- TION OF AN UNNAMED NORTH/SOUTH STREET IN WESTFIELD SUBDIVISION, PHASE " (FORMERL Y REFERRED TO AS FIELDSTONE DRIVE) , AND ALL OTHER NECESSARY AP- PURTENANCES TO LOCAL STANDARDS LESS SIDEWALKS; AND SIDEWALK IMPROVEMENTS ALONG THE WEST SIDE OF THAT PORTION OF WAGON WHEEL ROAD BORDERING WESTFI ELD SUBDIVISION, PHASE II. and thereafter, after due and legal proceedings, the Commission of the City of Bozeman did on the 11th day of June 1990, duly pass Commission Resolution No. 2798 entitled: COMMISSION RESOLUTION NO. 2798 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. 655 FOR THE PURPOSE OF ACCOMPLISHING THE ENGI- NEERING DESIGN, CONSTRUCTION, INSTALLATION, INSPEC- TION AND ENGINEERING CERTIFICATION OF ASPHALT STREET PAVING, INTEGRAL CURB AND GUTTER, AND STORM DRAIN- AGE IMPROVEMENTS ON CONCORD DRIVE AND A PORTION OF AN UNNAMED NORTH/SOUTH STREET IN WESTFIEL D SUB- DIVISION, PHASE II (FORMERLY REFERRED TO AS FIELDSTONE DRIVE) , AND ALL OTHER NECESSARY APPURTENANCES TO LOCAL STANDARDS LESS SIDEWALKS; AND SIDEWALK IM- PROVEMENTS ALONG THE WEST SIDE OF THAT PORTION OF WAGON WHEEL ROAD BORDERI NG WESTFIELD SUBDIVISION, PHASE II. which Commission Resolution Nos. 2786 and 2798, 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 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 ---......- .... J WHEREAS, said improvements as contemplated in said Commission Reso- lution Nos. 2786 and 2798 are being constructed and completed in accordance with the terms and conditions of Commission Resolution Nos. 2786 and 2798, and the preliminary estimate of the costs of said improvements, based upon the amount of the bond issue, is the sum of One Hundred Thirty-Seven Thousand and no/100 Dollars ($137,000.00). NOW, TH EREFORE, 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 Sect ion 1. That to defray the preliminary cost and expense of con- structing and making the improvements in said Special Improvement District No. 655, there be, and there is hereby levied and assessed a tax amounting to the sum of One Hundred Thirty-Seven Thousand and no/100 Dollars ($137,000.00) upon all benefited property in said Special Improvement District No. 655, 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, II 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 levied and assessed upon and against said de- scribed Jots and parcels of land to defray the preliminary cost and expense, based upon the amount of the bond issue, of constructing and making the im- provements 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, II as required by law; that the payment of said sums shall be made in semi-annual installments and the payment of said install- ments shall extend over a period of 15 years; that the payment of the respec- tive semi-annual installments shall be made on or before the 30th day of Novem- ber 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 - 2 - ----.-.---.---. " 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 1 st day of October 1990, 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 publ ish in the Bozeman Daily Chronicle, a daily newspaper printed and publ ished in the 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 Dis- trict No. 655 is on file in the office of the Clerk of the Commission subject to inspection for a period of ten (10) days; that sa id Notice shall state the time and place at which objections will be heard by the Commission 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 mai led 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 owner- ship interest in the property. Provisionally passed and adopted by the Commission of the City of Bozeman at a regular session thereof held on the 17th day of September 1990. ~~~u Mayor ATTEST: (2~. sIu~ Clerk of the City Commission - 3 - ~-_. ~_._-- . _._-".~~ .- __ .u_.. '. Finally passed and adopted by the Commission of the City of Bozeman at a regular session thereof held on the 1st day of October 1990. ATTEST: (2~sLp~ Clerk of the City Commission t ~ .'" ~ - 4 - - ---.-..----.--- - . , . NOTICE HEARING, FINAL ADOPTION OF COMMISSION RESOLUTION NO. 2814, LEVYING AND ASSESS I NG A SPECIAL ASSESSMENT OF TAXES UPON ALL BENEFITED PROPERTY IN SPECIAL IMPROVE- MENT DISTRICT NO. 655 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, FOR THE PURPOSE OF AC- COMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION, INSTALLATION, INSPECTION AND ENGINEERING CERTIFICATION OF ASPHALT STREET PAVING, INTEGRAL CURB AND GUTTER, AND STORM DRAINAGE IMPROVEMENTS ON CONCORD DRIVE AND A PORTION OF AN UNNAMED NORTH/SOUTH STREET IN WESTFIELD SUBDIVISION, PHASE " (FORMERLY REFERRED TO AS FIELDSTONE DRIVE), AND ALL OTHER NECESSARY APPUR- TENANCES TO LOCAL STANDARDS LESS SIDEWALKS; AND SIDEWALK IMPROVEMENTS ALONG THE WEST SIDE OF THAT POR- TION OF WAGON WHEEL ROAD BORDERING WESTFIELD SUBDIVI- SION, PHASE". NOTICE IS HEREBY GIVEN, that at a regular session of the Commission of the City of Bozeman, held on the 17th day of September 1990, Commission Resolution 2814 was provisionally passed and adopted; that said Commission Resolution levies and assesses against Special Improvement District No. 655, 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 improve- ments within said District, to wit: The boundaries of said Special Improvement District No. 655 are described as follows: Description All lots within Westfield Subdivision, Phase II, located within the City of Bozeman in the southeast one-quarter of Section 24, Townsh ip 2 South, Range 5 Ea s t , Montana Principal Meridian, more particularly described as follows: Beginning at the East -k corner of said Section 24; thence South 00014107" West, along the centerline of Wagon Wheel Road, a dis- tance of 769.82 feet; thence North 89044128" West. a distance of 30.00 feet to the southeast corner of the Westfield Subdivision, Phase II, and the true point of beginning; thence South 89017133" West, along the south line of said subdivision, a distance of 750.00 feet; thence North 81043143" West, a distance of 63.83 feet; thence South 89017133" West. a distance of 250.00 feet to the east right-of-way of Fieldstone Drive extended; thence North 00006108" East, along said right-of-way, a distance of 40.00 feet; thence South 89017133" West, a distance of 188.00 feet to the east right-of-way of South Third Avenue; thence North 00006'08" East, along said right-of-way, a distance of 415.00 feet to the south- west corner of Westfield Subdivision, Phase I; thence South 89053152" East. a distance of 18.00 feet; thence South 78030100" East, a distance of 170.08 feet to a point on the east right-of-way of Fieldstone Drive; thence southeasterly along said right-of-way on a 127. 50-foot radius curve to the left an arc distance of 25.36 feet; thence South 88053140" Ea s t, a distance of 530.41 feet; thence North 84053128" East, a distance of 260.57 feet; thence North 89017133" East, a distance of 280.00 feet to a point on the west right-of-way of Wagon Wheel Road; thence South 00014'07" West. along said right-of-way, a distance of 406.81 feet to the true point of beginning. Said boundary containing 327,917.9 assessable square feet. That said Commission Resolution No. 2814 is now on file in the office of the Clerk of the City Commission, subject to inspection for a period of ten (10) . --- ______.._n_....u -. --. ..._.~-- - -.--. .. i & .t days by any persons interested. That Monday, the 1 st day of October 1990, 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 adoption of said Commission Resolution No. 2814, and the levying of a said preliminary assessment, based upon the amount of the bond issue, and that said Resolution will finally be passed and adopted at the said regular session. All persons interested are referred to Commission Resolution No. 2786, declaring it to be the intention of the Commission to create Special Improvement District No. 655, and Comm iss ion Resolution No. 2798, creating Special Improvement District No. 655, for the purpose of accomplishing the engineering design, construction, installation, inspection and engineering certification of asphalt street paving, integral curb and gutter, and storm drainage improvements on Concord Drive and a portion of an unnamed north/south street in Westfield Subdivision, Phase II (formerly referred to as Fieldstone Drive), and all other necessary appurtenances to local standards less sidewalks; and sidewalk improvements along the west side of that portion of Wagon Wheel Road bordering Westfield Subdivision, Phase II. Dated the 17th day of September 1990. I .. R~ st;vJdI~ Clerk of the City Commission PUBLISH: Thu rsday, September 20, 1990 ., . ...----.-.....-..-.--...