HomeMy WebLinkAboutResolution 2375 Levying and assessing SID 622 for improvements: Provisional 12-02-81
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COMMISSION RESOLUTION NO. 2375
A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES
UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 622
IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA,
TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVE-
MENT S WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 622.
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WHEREAS, the City Commission of the City of Bozeman. did on the 5th day of
November. 1980. duly and regularly pass Commission Resolution No. 2268 entitled:
COMMISSION RESOLUTION NO. 2268
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT AN A, DECLARING IT TO BE THE INTENTION OF THE CITY OF
BOZEMAN, MONTANA, TO CREATE A SPECIAL IMPROVEMENT DISTRICT
TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 622 FOR THE
PURPOSE OF CONSTRUCTION AND INSTALLATION OF TRUNK WATER
SUPPLY MAINS AND APPURTENANCES TO THE VALLEY UNIT SUBDIVISION
AND OTHER SERVICE AREAS IN THE CITY OF BOZEMAN AND MORE
SPECIFICALLY DESCRIBED AS FOLLOWS: A 12-INCH WATER MAIN
EXTENSION AND APPURTENANCES FROM WEST COLLEGE ALONG THE
SOUTH RIGHT-OF-WAY OF U.S. 191 TO FOWLER LANE A 10-INCH WATER
MAIN EXTENSION ALONG WEST MAIN TO FOWLER AVENUE.
THE CONSTRUCTION AND INSTALLATION OF THE TRUNK WATER MAINS
IS TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING
MATERIAL, DUCTILE IRON WATER MAINS, VALVES AND FITTINGS,
HIGHWA Y JACK AND BORE, AND OTHER NECESSARY APPURTENANCES
THERETO.
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. 2275 entitled:
COMMISSION RESOLUTION NO. 2275
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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. 622 OF THE CITY OF BOZEMAN
FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF TRUNK
WATER SUPPLY MAINS AND APPURTENANCES TO THE VALLEY UNIT
SUBDIVISION AND OTHER SERVICE AREAS IN THE CITY OF BOZEMAN
AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: A 12-INCH WATER
MAIN EXTENSION AND APPURTENANCES FROM WEST COLLEGE ALONG
THE SOUTH RIGHT-OF-WAY OF U.S. 191 TO FOWLER LANE AID-INCH
WATER MAIN EXTENSION ALONG WEST MAIN TO FOWLER A VENUE.
THE CONSTRUCTION AND INSTALLATION OF THE TRUNK WATER MAINS
IS TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING
MATERIAL, DUCTILE IRON WATER MAINS, VALVES AND FITTINGS,
HIGHWAY JACK AND BORE, AND OTHER NECESSARY APPURTENANCES
THERETO.
which Commission Resolution Nos. 2268 and 2275, 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
WHEREAS, said improvements as contemplated in said Commission Resolution Nos. 2268
and 2275 have been constructed and completed in accordance with the terms and conditions
of Commission Resolution Nos. 2268 and 2275, and the preliminary cost of said improvements so
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constructed, based upon the amount of the bond issue, is the sum of Three Hundred Fifteen
Thousand and No/I00 Dollars ($315,000.00).
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-
ments thereto:
COMMISSION RESOLUTION NO. 2375
O,r~"~
BE IT RESOLVED AND IT IS HEREBY ORDERED BY THE COMMISSION OF THE CITY
OF BOZEMAN. STATE OF MONT AN A
Section 1. That to defray the cost and expense of constructing and making the im-
provements in said Special Improvement District No. 622, there be, and there is hereby levied
and assessed a tax amounting to the sum of Three Hundred Fifteen Thousand and No/IOO
Dollars ($315,000.00) upon all the property in said Special Improvement District No. 622.
hereby abated, 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 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 Chamber 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. 622 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 (S) days before the day set by the Commission for the
hearing of objections and the final adoption of this Resolution.
COMMISSION RESOLUTION NO. 2375
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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:
Cka k vI lIlt:: Cily CvmmlsslVIl
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:
Cler k of the City Commission
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NOTICE
HEARING, FINAL ADOPTION OF COMMISSION RESOLUTION NO. 2375 LEVYING
AND ASSESSING SPECIAL IMPROVEMENT DISTRICT NO. 622 CITY OF
BOZEMAN FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF
TRUNK WATER SUPPLY MAINS AND APPURTENANCES TO THE VALLEY
UNIT SUBDIVISION AND OTHER SERVICE AREAS IN THE CITY OF
BOZEMAN AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: A 12-INCH
WATER MAIN EXTENSION AND APPURTENANCES FROM WEST COLLEGE
ALONG THE SOUTH RIGHT-OF-WAY OF U.S. 191 TO FOWLER LANE A
10-INCH WATER MAIN EXTENSION ALONG WEST MAIN TO FOWLER A VENUE.
THE CONSTRUCTION AND INSTALLATION OF THE TRUNK WATER MAINS
IS TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING
MATERIAL, DUCTILE IRON WATER MAINS, VALVES AND FITTINGS,
HIGHWAY JACK AND BORE, AND OTHER NECESSARY APPURTENANCES
THERETO.
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. 2375 was
provisionally passed and adopted: That said Commission Resolution levies and assesses a
preliminary 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. 622 are described as
follows:
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Beginning at the East 1/4 corner of Section 10, Township 2 South, Range 5
East, Principal Meridian Montana; thence North 89052'31" West, along the
East-West 1/4 line, a distance of 319.94 feet; thence South 01019'31"
West, a distance of 205.96 feet; thence North 89052'40" East, a distance
of 320.39 feet, to the North-South Section Line; thence South 01012'30"
West, along the Morth-South Section Line, a distance of l11~.Q.1 fppt
to the East 1/16 corner, Southeast 1/4, said Section 10; thence South 010
18'49" 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 right-of-way, a distance of 2448.45 feet; thence
COMMISSION RESOLUTION NO. 2375
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North 00028'12" East, a distance of 3064.20 feet; thence East, a distance
of 680.02 feet; thence North 000 28'12" East, a distance of 2205.00 feet;
thence East, a distance of 820.00 feet; thence South 00028'12" West, a
distance of 2205.00 feet; thence East, a distance of 1235.85 feet, to the
East line of said Section 10; thence South 01014'35" East, along the
North-South Section Line, a distance of 466.89 feet to the true point of
beginning and containing 7,270,877.84 S.F. including Block I, Jots 3 - 6;
Block 2, lots 18 - 26; Block 5, lots 1 - 13 and 32 - 42; Block 6; Block 7,
lots 1 - 6; Block 8, lots 11 - 17; Block 9; Block 10; Block 11, lots 1 - 6;
Block 13, lots 5 and 6 Block 14, lots 1 - 3 and 8 - 10; Block 19, lots
8 - 14; Block 20; Block 21; Block 22, lots 1 - 7; Block 28, lots 17 - 32;
Block 29; Block 30, Block 31, lots 1 - 8; Block 37; Block 38; and Block
39, Jots 1 - 8; plus the unplatted master planned area approved by the
City of Bozeman on January 17, 1980 and containing Block I, lots 1 and 2;
Block 2, lots 1 - 17 and 27 -47; Block 3; Block 4; Block 5, lots 14 - 31;
Block 7, lots 7 - 12; Block 8, lots 1 - 10 and a 5.2550 acre school site;
Block 11, lots 7 - 12; Block 12; Block 13, lots 1 - 4 and 7 - 10; Block
14, lots 4 - 7, all in the Valley Unit Subdivision to the City of Bozeman.
That, said Commission Resolution No. 2375 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 1981, 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 Resolution No. 2375, and the levying of a said preliminary assessment, and that said
Commission Resolution will finally be passed and adopted at the said regular session.
All persons interested are referred to Commission Resolution No. 2268 declaring it
to be the intention of the Commission to create Special Improvement District No. 622 and
Commission Resolution No. 2275 creating Special Improvement District No. 622 for the purpose
of construction and installation of trunk water supply mains and appurtenances to the Valley
Unit Subdivision and other service areas 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 Galla tin )
Ci ty 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. 2375 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
CQMMISSICN RESOLUTION NO. 2375
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