HomeMy WebLinkAboutResolution 2378 Levying and assessing SID 625 for improvements: Provisional 12-02-81
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COMMISSION RESOLUTION NO. 2378
A RESOLUTION OF THE CIT Y 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. 625 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. 625.
WHEREAS, the City Commission of the City of Bozeman, did on the 5th day of November
1980 duly and regularly pass Commission Resolution No. 22771 entitled:
COMMISSION RESOLUTION NO. 2271
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, 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. 625 FOR THE
PURPOSES OF CONSTRUCTION AND INSTALLATION OF REINFORCED
CONCRETE STORM DRAINAGE PIPE (RCP), STORM DRAIN INLETS,
DETENTION FACILITIES, DRAINAGE DITCH REALIGNMENT AND DIVERSION,
AND OTHER NECESSARY APPURTENANCES THERETO, AND ASPHALTIC
CONCRETE TYPE PAVEMENT ON YELLOWSTONE, TETON, FLATHEAD,
EAST GRANITE AND PONDERA AVENUES AND PORTIONS OF TOOLE,
CASCADE, BROADWATER, BABCOCK, RAVALLI, AND FALLON STREETS
AND A PORTION OF FERGUSON AVENUE IN THE VALLEY UNIT SUB-
DIVISION TO THE CITY OF BOZEMAN, MONTANA.
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. 2278 entitled:
COMMISSION RESOLUTION NO. 2278
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. 625 OF THE CITY OF
BOZEMAN FOR THE PURPOSES OF CONSTUCTION AND INSTALLATION OF
REINFORCED CONCRETE STORM DRAINAGE PIPE (RCP), STORM
DRAIN INLETS, DETENTION FACILITIES, DRAINAGE DITCH REALIGN-
MENT AND DIVERSION, AND OTHER NECESSARY APPURTENANCES
THERETO, AND ASPHALTIC CONCRETE TYPE PAVEMENT ON YELLOW-
STONE, TETON, FLATHEAD, EAST GRANITE, AND PONDERA A VENUES
AND PORTIONS OF TOOLE, CASCADE, BROADWATER, BABCOCK,
RAVALLI, AND FALLON STREETS AND A PORTION OF FERGUSON
A VENUE IN THE V ALLEY UNIT SUB DIVISION TO THE CITY OF BOZEMAN
MONTANA.
which Commission Resolution Nos. 2271 and 2278, passed as aforesaid, are hereby referred to an d
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. 2271
and 2278 have been constructed and completed in accordance with the terms and conditions of
Commission Resolution Nos. 2271 and 2278, and the preliminary cost of said improvements so con-
structed, based upon the amount of the bond issue, is the sum of One Million Eight Hundred Fifty
Thousand and No/I00 Dollars ($1,850,000.00).
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 MONTANA
COMMrSSION RESQ;J;.yrION NO. 2378
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Section 1. That to defray the cost and expense of constructing and making the
improvements in said Special Improvement District No. 625, there be, and there is hereby levied
and assessed a tax amounting to the sum of One Million Eight Hundred Fifty Thousand and
No/100 Dollars ($1,850,000.00) upon all the property in said Special Improvement District No.
625, 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, 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 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 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 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 j 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. 625 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.
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MAYOR
COMMISSION RESOLUTION NO. 2378
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ATTEST:
Clerk 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:
Cler k of the City Commission
NOTICE
HEARING, FINAL ADOPTION OF COMMISSION RESOLUTION NO. 2378,
LEVYING AND ASSESSING SPECIAL IMPROVEMENT DISTRICT NO. 625,
CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTION AND IN-
ST ALL A TION OF REINFORCED CONCRETE STORM DRAINAGE PIPE (RCP),
STORM DRAIN INLETS, DETENTION FACILITIES, DRAINAGE DITCH RE-
ALIGNMENT AND DIVERSION, AND OTHER NECESSARY APPURTENANCES
THERETO, AND ASPHALTIC CONCRETE TYPE PAVEMENT ON YELLOW-
STONE, TETON, FLA THEAD, EAST GRANITE AND PONDERA A VENUES
AND PORTIONS OF TOOLE, CASCADE, BROADWATER, BABCOCK,
RAVALLI AND FALLON STREETS AND A PORTION OF FERGUSON AVE-
NUE IN THE VALLEY UNIT SUBDIVISION TO THE CITY OF BOZEMAN,
MONTANA.
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. 2378 was provi-
sionally passed and adopted; that said Commission Resolution levies and assesses against Special
Improvement District No. 625, 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 wi thin said District, to wit:
The boundaries of said Special Improvement District No. 625 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 2265.00 feet;
thence South 25039'42" West, a distance of 199.69 feet; thence West, a
distance of 245.00 feet; thence South 55000'38" West a distance of 306.92
feet; thence South 00028'12" West, a distance of 90.02 feet; thence South
41003'01" East, a distance of 233.82 feet; thence North 41041'20" East, a
distance of 235.22 feet; thence South 89052'31" East, a distance of 60.00
feet; thence South 43034'21" East, a distance of 179.80 feet; thence South
00028'12" West, a distance of 1625.00 feet; thence North 89052'31" West,
a distance of 310.00 feet; thence South 45017'51" West, a distance of
177.31 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 1520.07 feet; thence North 00028'12"
East, a distance of 794.61 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
COMMlSSION RESOLUTION NO. 2378
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00028'1211 East, a distance of 269.41 feet; thence North 39031'41" West,
a distance of 233.36 feet; thence North 00028'1211 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, a portion of Lot 3 and lots 4-6;
Block 2, lots 18-26; Block 5, lots 1-13 and lots 32-42; Block 6; Block7,
lots 1-6; Block 8, lots 11-17; Block 9; Block 10; Block 11, lots 1-6;
Block 13, lot 5 and a portion of lot 6; Block 14, lots 1-3, a portion of
lot 8 and lots 9 and 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, lots 1-8; plus the unplatted
master planned area approved by the City of Bozeman on January 17, 1980
and containing Block 5, lots 14, 15 and a portion of lot 16; Block 11, a
portion of lot 12 j and a portion of Block 12; Block 14, Jots 4 and 5; all
in the Valley Unit Subdivision to the City of Bozeman.
That said Commission Resolution No. 2278 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,
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. 2378, 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. 2271, declaring it
to be the intention of the Commission to create Special Improvement District No. 625, and
Commission Resolution No. 2278, creating Special Improvement District No. 625, for the pur-
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pose of construction and installation of reinforced concrete storm drainage pipe (RCP),
storm drain inlets, detention facilities, drainage ditch realignment and diversion, and other
necessary appurtenances thereto, and asphaltic concrete type pavement on Yellowstone, Teton,
Flathead, East Granite and Pondera Avenues and portions of Toole, Cascade, Broadwater,
Babcock, Ravalli and Fallon Streets and a portion of Ferguson Avenue in the Valley Unit
Subdivision to the City of Bozeman, Montana.
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
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certify that the foregoing Notice in Re No. 2378 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 RESOLWION NO. 2378