HomeMy WebLinkAboutResolution 2377 Levying and assessing SID 624 for improvements: Provisional 12-02-81
066
COMMISSION RESOLUTION NO. 2377
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. 624 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN,
STATE OF MONTANA, TO DEFRA Y THE COST OF CONSTRUCTING AND
MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DIS-
TRICT NO. 624.
WHEREAS, the City Commission of the City of Bozeman, did on the 5th day of
November 1980 duly and regularly pass Commission Resolution No. 2270 entitled:
COMMISSION RESOLUTION NO. 2270
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, 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. 624 FOR THE
PURPOSE OF CONSTRUCTION AND INSTALLATION OF WATER MAINS
AND NECESSARY APPURTENANCES THERETO ON YELLOWSTONE, TETON,
FLA THEAD, EAST GRANITE AND PONDERA A VENUES AND PORTIONS
OF TOOLE, CASCADE, BROADWATER, BABCOCK, RAVALLI, AND FALLON
STREETS AND DURSTON ROAD AND FERGUSON A VENUE IN THE VALLEY
UNIT SUB DIVISION TO THE CITY OF BOZEMAN, MONT AN A.
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. 2277 entitled:
COMMISSION RESOLUTION NO. 2277
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. 624 OF THE CITY OF
BOZEMAN FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF
WATER MAINS AND NECESSARY APPURTENANCES THERETO ON YELLOW-
STONE, TETON, FLA THEAD, EAST GRANITE AND PONDERA A VENUES
AND PORTIONS OF TOOLE, CASCADE, BROADWATER, BABCOCK,
RAVALLI, AND FALLON STREETS AND DURSTON ROAD AND FERGUSON
A VENUE IN THE VALLEY UNIT SUBDIVISION TO THE CITY OF
BOZEMAN, MONTANA.
which Commission Resolution Nos. 2270 and 2277, 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.
2270 and 2277 have been constructed and completed in accordance with the terms and conditions of
Commission Resolution Nos. 2270 and 2277, and the preliminary cost of said improvements so con-
structed, based upon the amount of the bond issue, is the sum of Five Hundred Fifty Thousand
and No/100 Dollars ($550,000.00).
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:
BE IT RESOLVED AND IT IS HEREBY ORDERED BY THE COMMISSION OF THE
CITY OF BOZEMAN, STATE OF MONT ANA
Section 1. That to defray the cost and expense of constructing and making the
improvements in said Special Improvement District No. 624, there be, and there is hereby levied
and assessed a tax amounting to the sum of Five Hundred Fifty Thousand and No/100 Dollars
CCMMISSION REsoLurroN NO. 2377
I
I
I
067
I
($550,000.00) upon all the property in said Special Improvement District No. 624, 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 te
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. 624 is on file in the office of the Clerk of the Commission su1'-
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.
I
I
MAYOR
ATTEST:
"Clerk 01 the Llty LomrrusslOn
COMMISSION RESOLUTION NO. 2377
Or "
.'~ ", ~
Finally passed and adopted by the Commission of the City of Bozeman at a regular
session thereof held on the
1981.
day of
MAYOR
ATTEST;
Clerk of the City Commission
NOTICE
HEARING, FINAL ADOPTION OF COMMISSION RESOLUTION NO. 2377,
LEVYING AND ASSESSING SPECIAL IMPROVEMENT DISTRICT NO. 624,
CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTION AND INSTAL-
LATION OF WATER MAINS AND NECESSARY APPURTENANCES THERETO
ON YELLOWSTONE, TETON, FLATHEAD, EAST GRANITE AND PONDERA
AVENUES AND PORTIONS OF TOOLE, CASCADE, BROADWATER, BAB-
COCK, RAVALLI AND FALLON STREETS AND DURSTON ROAD AND FER-
G USON A VENUE IN THE V ALLEY UNIT SUB DIVISION TO THE CITY OF
B 0 Z EM AN, M 0 N TAN A .
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. 2377 was provi-
sionally passed and adopted; that said Commission Resolution levies and assesses against Special
Improvement District No. 624, 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 im-
provements within said District. to wit;
The boundaries of said Special Improvement District No. 624 are described
as follows;
Beginning at the North One-Quarter corner of Section 10, Township 2
South, Range 5 East, Principal Meridian Montana; thence East. along the
north line of said Section 10. a distance of 630.01 feet to the true point
of beginning; thence South 00028'12" West. a distance of 2205.00 feet;
thence West, a distance of 630.00 feet; thence South 00028'12" West. a
distance of 505.92 feet; thence South 89052'31" East, a distance of 70.01
feet; thence South 00028'12" West. a distance of 176.00 feet; thence
South 89052'31" East, a distance of 290.00 feet; thence North 00028'12"
East. a distance of 176.00 feet; thence South 89052'31" East, a distance
of 185.00 feet; thence South 00028'12" West a distance of 1755.00 feet;
thence North 89052'31" West. a distance of 435.00 feet; thence South
00028'12" West, a distance of 125.00 feet; thence North 89052'31" West, a
distance of 160.02 feet; thence South 00028'12" West, a distance of 678.39
feet; thence North 89047'38" East, a distance of 1670.08 feet; thence North
00028'12" East. a distance of 608.74 feet; thence North 89052'31" West a
distance of 150.00 feet; thence North 00028'12" East, a distance of 185.00
feet; thence South 89052'31" East. a distance of 15.00 feet; thence North
00028'12" East, a distance of 1755.00 feet; thence South 89052'31" East,
a distance of 115.00 feet; thence North 00028'12" East, a distance of 449.41
feet; thence West. a distance of 150.00 feet; thence North 00028'12" East. a
distance of 2265.00 feet; thence West. a distance of 820.00 feet to the true
point of beginning and containing Block 1. Lots 3, 4, 5 and 6; Block 2,
Lots 18 - 26; Block 5, Lots 1 - 13 and Lots 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 Lots 8 - 10;
Block 19, Lots 8 - 14; Block 20; Block 21; Block 22, Lots 1 - 7; Block
2R. Lots 17 - 32; Rlock ?,Q; RIocl.- ~('I; RloCl~ ~1, Lots 1 - P; RloCl~ 37;
Block 38; and Block 39, Lots 1 - 8; plus the unplatted master planned
area approved by the City of Bozeman on January 17, 1980, and contain-
ing Block 5, Lots 14 - 16; Block 14. Lots 4 - 7. and the northernmost
portion of Block 12, the southern boundary of which extends parallel to
COMMISSION RESOLUTION NO. 2377
I
I
I
069
and south of the southern right-of-way of Babcock Street, a distance of
176 feet, all in the Valley Unit Subdivision to the City of Bozeman.
That said Commission Resolution No. 2377 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,
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 adoFtion
of said Commission Resolution No. 2377, 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. 2270, declarinf it
to be the intention of the Commission to create Special Improvement District No. 624, and
Commission Resolution No. 2277, creating Special Improvement District No. 624, for the pur-
pose of construction and installation of water mains and necessary appurtenances thereto on
Yellowstone, Teton, Flathead, East Granite and Pondera Avenues and portions of Toole,
Cascade, Broadwater, Babcock, Ravalli, and Fallon Streets and Durston Road and Ferguson
A venue in the Valley Unit Subdivision to the City of Bozeman, Montana.
I
Dated the 2nd day of December 1981.
ROBIN L. SULLIVAN
Clerk of the City Commission
State of Montana )
County of Gallatin )
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. 2377 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
I
C~SSION RESO~yrION NO. 2377