HomeMy WebLinkAboutResolution 2374 Levying and assessing SID 621 for improvements: Provisional 12-02-81
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COMMISSION RESOLUTION NO. 2374
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A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES
UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 621
IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA,
TO DEFRA Y THE COST OF CONSTRUCTING AND MAKING THE IMPROVE-
MENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 621.
WHEREAS, the City Commission of the City of Bozeman, did on the 5th day of Novem-
ber, 1980, duly and regularly pass Commission Resolution No. 2267 entitled:
COMMISSION RESOLUTION NO. 2267
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF
BOZEMAN, MONT AN A, TO CREATE A SPECIAL IMPROVEMENT DISTRICT
TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 621 FOR THE
PURPOSE OF CONSTRUCTION AND INSTALLATION OF A SANITARY SEWER
TRUNK TO INTERCEPT SEWAGE FROM THE VALLEY UNIT SUBDIVISION
TO THE CITY OF BOZEMAN AND OTHERS AN D MORE SPECIFICALLY DE-
SCRIBED AS FOLLOWS:
A SANITARY SEWER LINE TO BE KNOWN AS THE "FAR WEST TRUNK"
WITH PIPE SIZES OF 18 AND 21 INCHES AND APPURTENANCES TO
TRANSPORT WASTEWATER FROM THE VALLEY UNIT SUBDIVISION AND
OTHER SERVICE AREAS IN THE CITY OF BOZEMAN TO THE WEST END
INTERCEPTOR. THE CONSTRUCTION AND INSTALLATION OF THE
SEWER TRUNK TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL,
BEDDING MA TERrAL, SEWER PIPE, MANHOLES, STUB OUTS AND OTHER
NECESSARY APPURTENANCES.
and thereafter, after due and legal proceedings, the Commission of the City of Bozeman did
on the 10th day of December, 1980, duly pass Commission Resolution No. 2274, entitled:
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COMMISSION RESOLUTION NO. 2274
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. 621 OF THE CITY OF BOZEMAN
FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A SANI-
TARY SEWER TRUNK TO INTERCEPT SEWAGE FROM THE VALLEY UNIT
SUBDIVISION TO THE CITY OF BOZEMAN AND OTHERS AND MORE
SPECIFICALLY DESCRIBED AS FOLLOWS:
A SANITARY SEWER LINE TO BE KNOWN AS THE "FAR WEST TRUNK"
WITH PIPE SIZES OF 18 AND 21 INCHES AND APPURTENANCES TO
TRANSPORT WASTEWATER FROM THE VALLEY UNIT SUBDIVISION AND
OTHER SERVICE AREAS IN THE CITY OF BOZEMAN TO THE WEST END
INTERCEPTOR. THE CONSTRUCTION AND INSTALLATION OF THE SEWER
TRUNK TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING
MATERIAL, SEWER PIPE, MANHOLES, STUB OUTS AND OTHER NECESSARY
APPURTENANCES.
which Commission Resolution Nos. 2267 and 2274, 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 improvementE
and the method of assessing the cost against the property within said district; and
WHEREAS, said improvements as contemplated in said Commission Resolution Nos. 2267
and 2274 have been constructed and completed in accordance with the terms and conditions of
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Commission Resolution Nos. 2267 and 2274, and the cost of said improvements so constructed is
the sum of Five Hundred Twenty-Two Thousand Five Hundred Eighty and No/IOO Dollars
($522,580.00).
NOW, THEREFORE, pursuant to the provisions of Section 7-12-4201 ann Section
7-12-4223, and all other applicable provisions of Title 7, Montana Codes Annotated, and amend-
ments thereto:
COMMISSION RESOLUTION NO. 2374
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BE IT RESOLVED AND IT IS HEREBY ORDERED BY THE COMMISSION OF THE CITY
OF BOZEMAN, ST ATE OF MONT AN A
Section 1. That to defray the cost and expense of constructing and making the
improvements in said Special Improvement District No. 621. there be. and there is hereby
levied and assessed a tax amounting to the sum of Five Hundred Twenty-Two Thousand Five
Hundred Eighty and No/lOO Dollars ($522,580.00) upon all the property in said Special Im-
provement District No. 621, and that a particular description of each lot and parcel of land
wi th 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 levied and assessed upon
and against said described lots and parcels of land to defray the cost and expense of con-
structing and making the improvements within said District; that the several sums so assessee
be collected from the respective owners of said lots and parcels of land described in said assess-
ment 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 Com-
mission 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. 621 is on file in the office of the Clerk of the Commission subject 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 hear-
ing of objections and the final adoption of this Resolution.
COMMISSION RESOLUTION NO. 2374
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Provisionally passed and adopted by the Commission of the City of Bozeman at a regular
session thereof held on the 2nd day of December 1981.
MAYOR
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ATTEST:
Cler k of the City Commission
Finally passed and adopted by the Commission of the City of Bozeman at a regular
session thereof held on the
day of
198 .
MAYOR
ATTEST:
Clerk of the City Commission
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NOTICE
HEARING. FINAL ADOPTION OF COMMISSION RESOLUTION NO. 2374 LEVYING
AND ASSESSING SPECIAL IMPROVEMENT DISTRICT NO. 621. CITY OF
BOZEMAN. FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION
OF A SANITARY SEWER TRUNK TO INTERCEPT SEWAGE FROM THE
VALLEY UNIT SUBDIVISION TO THE CITY OF BOZEMAN AND OTHERS
AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS:
A SANITARY SEWER LINE TO BE KNOWN AS THE "FAR WEST TRUNK"
WITH PIPE SIZES OF 18 AND 21 INCHES AND APPURTENANCES TO
TRANSPORT WASTEWATER FROM THE VALLEY UNIT SUBDIVISION AND
OTHER SERVICE AREAS IN THE CITY OF BOZEMAN TO THE WEST END
INTERCEPTOR. THE CONSTRUCTION AND INSTALLATION OF THE SEWER
TRUNK TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL. BEDDING
MATERIAL. SEWER PIPE. MANHOLES. STUB OUTS AND OTHER NECESSARY
APPURTENANCES.
NOTICE IS HEREB Y 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. 2374 was
provisionally passed and adopted; that said Commission Resolution levies and assesses an Special
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Improvement District No. 621. 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. 621 are described
as follows:
Reginning at the Mortl1 0ne-('uarter Corner. fection 10, Township 2 ~outh,
Range 5 East. Principal Meridian Montana; thence East. along the East-West
Section Line, a distance of 2564.94 feet; thence South 00009'22" West, a
distance of 132.83 feet; thence South 35051'37" East. a distance of 102.43
feet. to the North-South Section Line; thence South 01014'35" East. along
the North-South Section Line. a distance of 2456.41 feet, to the East One-
COMMISSION RESOLUTION NO. 2374
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Quarter Corner of said Section 10; thence North 89052'31" West, along the
East-West One-quarter Line, a distance of 319.94 feet; thence South 01019'
31" West, a distance of 205.96 feet; thence Nor.th 89052'40" East, a distance
of 320.39 feet; to the North-South Section Line; thence South 01012'30"
West, alonO' the North-South Section Line. a distance of 1115.94 feet. to the
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East One-sixteenth corner Southeast One-quarter. said Section 10; thence
South 01018'49" West. along the North-South Section Line. a distance of
1264.94 feet, to the North right-of-way of U.S. 191; thence South 89012'20"
West, along said north right-of-way. a distance of 265.85 feet; thence
South 89047'38" West. along said north right-of-way. a distance of 2448.45
feet; thence North 00028'12" East, a distance of 5269.17 feet to the East-
West section Line; thence East along the East-West Section Line; a distance
of 50.01 feet to the true point of beginning and containing 224.1837 acres
which includes Blocks 1 - 40 a;; within the Valley Unit Subdivision to the
City of Bozeman. This includes Phase One of the Valley Unit Subdivision
filed with the Gallatin County Clerk and Recorder and the unplatted master
planned area approved by the City of Bozeman on January 17. 1980.
That said Commission Resolution No. 2374 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 interested.
That Wednesday. the 16th day of December. at 1: 15 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. 2374. and the levying 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. 2267 declaring it
to be the intention of the Commission to create Special Improvement District No. 621 and
Commission Resolution No. 2274 creating Special Improvement District No. 621 for the purpose
of construction and installation of a sanitary sewer trunk to intercept sewage from the Valley
Unit Subdivision to 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. 2374 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. 2374
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