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HomeMy WebLinkAboutResolution 2373 Levying and assessing SID 619 for improvements: Provisional 12-02-81 049 COMMISSION RESOLUTION NO. 2373 I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DIS- TRICT NO. 619 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 DIS- TRICT NO. 619. WHEREAS, the City Commission of the City of Bozeman, did on the 2nd day of July 1980 duly and regularly pass Commission Resolution No. 2212 entitled: COMMISSION RESOLUTION NO. 2212 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, MONT ANA, TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 619 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF WATER LATERAL MAINS AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES MORE SPECIFICALLY AS FOLLOWS: A LATERAL MAIN AND APPURTE- N ANCES ON LEA AVENUE, IN THE CITY OF BOZEMAN. THE CONSTRUCTION AND INSTALLATION TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIALS, WATER PIPE, VALVES, FITTINGS, SERVICE LINES AND OTHER NECESSARY APPURTE- NANCES. and thereafter, after due and legal proceedings, the Commission of the City of Bozeman did on the 6th day of August 1980 duly pass Commission Resolution No. 2218 entitled: COMMISSION RESOLUTION NO. 2218 I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT AN A, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 619 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF WATER LATERAL MAINS AND APPURTENANCES TO SERVE THE A DJOINING PROPERTIES MORE SPECIFIC ALL Y AS FOLLOWS: A LATERAL MAIN AND APPURTENANCES ON LEA A VENUE, IN THE CITY OF BOZEMAN. THE CONSTRUCTION AND INSTALLATION TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIALS, WATER PIPE, V ALVES, FITTINGS, SERVICE LINES AND OTHER NECESSARY APPUR TE- NANCES. which Commission Resolution Nos. 2212 and 2218, 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 cost of said improve- ments and the method of assessing the cost against the property within said district; and WHEREAS, said improvements as contemplated in said Commission Resolution Nos. 2212 and 2218 have been constructed and completed in accordance with the terms and conditions of Commission Resolution Nos. 2212 and 2218, and the cost of said improvements so constructed is the sum of Twenty Four Thousand Three Hundred and No/I00 Dollars ($24,300. DO). 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 amend- I ments thereto: BE IT RESOLVED AND IT IS HEREBY ORDERED BY THE COMMISSION OF THE CITY OF BOZEMAN, ST ATE OF MONT ANA Section 1. That to defray the cost and expenFle of constructing and making the improvements in said Special Improvement District No. 619, there be, and there is hereby levied and assessed a tax amounting to the sum of Twenty-Four Thousand Three Hundred and No/IOO C(lMMISSION RESOLUTION NO. 2373 o~ Dollars ($24,300.00) upon all the property in said Special Improvement District No. 619, and that a particular description of each lot and parcel of land with the name of the owner and the SUlr 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 levied and assessed upon and against said described lots and parcels of land to defray the cost and expense 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 20 installments and the payment of said installment shall extend over a period of 19 years; that the payment of the respective annual installment shall be made on or before the 30th day of November 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 16th day of December 1981 at 1:15 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 Resolution levying and assessing a special assessment of taxes to defray the cost and expense of constructing and making the improvements in the said Special Improvement District No. 619 is on file in the office of the Clerk of the Commission sub- ject to inspection for a period of five (5) days; that said Notice shall state the time and place at which objections will be heard by the Commission for the final adoption of this Resolution; that it shall be published at least five (5) days before the day set by the Commission for the hearing of objections and the final adoption of this Resolution. Provisionally passed and adopted by the Commission of the City of Bozeman at a regu- lar session thereof held on the 2nd day of December 1981. MAYOR ATTEST: Clerk of the City Commission COMMISSION RESOLUTION NO. 2373 I I I 051 Finally passed and adopted by the Commission of the City of Bozeman at a regular session thereof held on the day of 198 . MAYOR I ATTEST: Clerk of the City Commission NOTICE HEARING, FINAL ADOPTION OF COMMISSION RESOLUTION NO. 2373, LEVYING A NO ASSESSING SPECIAL IMPROVEMENT DISTRICT NO. 619, CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTION AND IN- STALLATION OF WATER LATERAL MAINS AND APPURTENANCES TO SERVE THE A DJOINING PROPERTIES MORE SPECIFICALLY AS FOLLOWS: A LATERAL MAIN AND APPURTENANCES ON LEA AVENUE, IN THE CITY OF BOZEMAN. THE CONSTRUCTION AND INSTALLATION TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIALS, WATER PIPE, VA VLES, FITTINGS, SERVICE LINES AND OTHER NECESSARY APPUR T- ENANCES. I NOTICE IS HEREBY GIVEN, that at a regular session of the Commission of the City of Bozeman, held on the 2nd day of December 1981, Commission Resolution No. 2373 was provi- sionally passed and adopted; that said Commission Resolution levies and assesses Special Im- provement District No. 619, in said City, to defray the cost and expense of constructing and making the improvements within said district, to wit: The boundaries of said Special Improvement District No. 619 are described as follows: A tract of land located in the southeast one quarter of Section Thirty Six, Township One South, Range Five East, Montana Principal Meridian, Gallatin County, Montana, and being Lots 22 and 25 of the Gordon Mandeville State School Section Subdivision as recorded at the Gallatin County Courthouse and more precisely described as follows: Beginning at a found iron pin taken to be the southeast Section corner of Section 36; Thence North 34045'41" West a distance of 812.37 feet to a found pin at the Northwest corner of said Lot 22, being the true point of beginning; Thence North 89045'00" East a distance of 230.04 feet; Thence South 00014'40" East a distance of 625.24 feet to the new north right-of-way of Griffin Drive; Thence South 89042'53" West on and along said new right-of-way a distance of 230.10 feet; I Thence North 00014'23" West a distance of 625.38 feet to the true point of beginning. The above tract of land contains 3.30 acres, more or less. That said Commission Resolution No. 2373 is now on file in the office of the Clerk of the City Commission, subject to inspection for a period of five (5) days by any persons in- terested. That Wednesday, the 16th day of December 1981, at 1:15 o'clock p.m. of said day, COMMISSION RESOLUTION NO. 2373 n f: ,,' ......i ,\,,_.'. 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 Com- mission will hear and pass upon any and all objections that may be made to the final adoption of said Commission Resolution No. 2373, and the levying of a said assessment, and that said Reso- lution will finally be passed and adopted at the said regular session. All persons interested are referred to Commission Resolution No. 2212, declaring it to be the intention of the Commission to create Special Improvement District No. 619, and Commission Resolution No. 2218, creating Special Improvement District No. 619, for the pur- pose of construction and installation of water lateral mains and appurtenances to serve the adjoining properties more specifically as follows: A lateral main and appurtenances on Lea Avenue, in the City of Bozeman. Dated the 2nd day of December 1981. ROBIN L . SULLIVAN Clerk of the City Commission State of Montana ) County of Gallatin ) City of Bozeman ) I, Robin L. Sullivan, Clerk of the Commission of the City of Bozeman, do hereby certify that the foregoing Notice in Re No. 2373 was published at length in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City, in the issue dated December 9, 1981, and due proof of such publication is on file in my office. IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my office this 21st day of January 1982. Clerk of the City Commission COMMISSION RESOLUTION NO. 2373 I I I