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HomeMy WebLinkAboutResolution 2380 Levying and assessing SID 627 for improvements: Provisional 12-02-81 n" ~ COMMISSION RESOLUTION NO. 2380 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. 627 IN THE CITY OF BOZEMAN, COUNTY OF GALLA TIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DIS- TRICT NO. 627. WHEREAS, the City Commission of the City of Bozeman, did on the 29th day of October 1980 duly and regularly pass Commission Resolution No. 2263 entitled: COMMISSION RESOLUTION NO. 2263 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. 627 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A SANITARY SEWER MAIN AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN EIGHT (8) INCH SANITARY SEWER LATERAL AND TWELVE (12) INCH SEWER MAIN AND THE NECESSARY APPURTENANCES IN LOT 1, TRIANGLE AREA ANNEXATION TO THE CITY OF BOZEMAN, MONT AN A. THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER LATERALS AND MAINS SHALL INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, INSTALLATION OF SEWER LINES, NECESSARY WYES, SERVICE LINE STUBS, MANHOLES, 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. 2280 entitled: COMMISSION RESOLUTION NO. 2280 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. 627 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A SANITARY SEWER MAIN AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN EIGHT (8) INCH SANITARY SEWER LATERAL AND TWELVE (12) INCH SEWER MAIN AND THE NECESSARY APPURTENANCES IN LOT 1, TRIANGLE AREA ANNEXATION TO THE CITY OF BOZEMAN, MONTANA THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER LA TERALS AN D MAINS SHALL INCLU DE ALL TRENCH EXCA VA TION AND BACKFILL, BEDDING MATERIAL, INSTALLATION OF SEWER LINES, NECESSARY WYES, SERVICE LINE STUBS, MANHOLES, AND OTHER NECESSARY APPURTENANCES THERETO. which Commission Resolution Nos. 2263 and 2280, 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. 2263 and 2280 have been constructed and completed in accordance with the terms and conditions of Commission Resolution Nos. 2263 and 2280, and the preliminary cost of said improvements so con- structed, based upon the amount of the bond issue, is the sum of Thirty Thousand and NollOO Dollars ($30,000.00). NOW, THEREFORE, pursuant to the provisions of Section 7-12-4201 and Section COMMISSION RESOLUTION NO. 2380 I I I 079 I 7-12-4223, and all other applicable provisions of Title 7, Montana Code Annotated, and amend- men ts thereto: BE IT RESOLVED AND IT IS HEREBY ORDERED BY THE COMMISSION OF THE CITY OF BOZEMAN, STATE OF MONTANA Section 1. That to defray the cost and expense of constructing and making the improvements in said Special Improvement District No. 627, there be, and there is hereby levied and assessed a tax amounting to the sum of Thirty Thousand and No/100 Dollars ($30,000.00) upon all the property in said Special Improvement District No. 627, 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 'lA, II as required by law; that the payment of said sums shall be made in 20 installments and the payment of said install- ment shall extend over a period of 19 years; that the payment of the respective annual install- ment 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. 627 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. I I COMMISSION RESOLUTION NO. 2380 n~ , .. 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 Finally passed and adopted by the Commission of the City of Bozeman at a regular session thereof held on the day of 1981. MAYOR ATTEST: Clerk of the City Commission NOTICE HEARING, FINAL ADOPTION OF COMMISSION RESOLUTION NO. 2380, LEVYING AND ASSESSING SPECIAL IMPROVEMENT DISTRICT NO. 621, CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A SANITARY SEWER MAIN AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN EIGHT (8) INCH SANIT AR Y SEWER LATERAL AND TWELVE (12) INCH SEWER MAIN AND THE NECESSARY APPURTENANCES IN LOT 1, TRIANGLE AREA ANNEXATION TO THE CITY OF BOZEMAN, MONT AN A. THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER LATERALS AND MAINS SHALL INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, INSTALLATION OF SEWER LINES, NECESSARY WYES, SERVICE LINE STUBS, MAN- HOLES, 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. 2380 was provi- sionally passed and adopted; that said Commission Resolution levies and assesses against Special Improvement District No. 621, 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. 621 are described as follows: Beginning at the South quarter corner, S! corner of Section 11, Township 2 South, Range 5 East, M.P.M., thence North 30 feet to the Southeast corner of Tract 1, Block 2 Triangle Annexation to the City of Bozeman, Gallatin County, Montana, which is the true point of beginning, thence South 89023'41" West a distance of 180.2 feet, thence North 25039'12" West a distance of 111.96 feet to the south right-of-way of U.S. 191 as it exists, thence along said right- of-way a distance of 159.52 feet along a radius of 1960.00 feet to COMMISSION RESOLUTION NO. 2380 I I I 081 the Northeast, thence North 42016'14" East a distance of 356.34 feet to the Northeast corner of said Tract I, thence South 00017'11" West a distance of 811.96 feet to the point of beginning and encompassing 339,620 square feet of 7.796 acres. This area is Tract I, Block 2 of said Triangle Annexation as later subdivided in C.O.S. 178. That said Commission Resolution No. 2380 is now on file in the office of the Clerk of I 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. 2380, 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. 2263, declaring it to be the intention of the Commission to create Special Improvement District No. 627, and Commission Resolution No.2280, creating Special Improvement District No. 627, for the pur- pose of construction and installation of a sanitary sewer main and appurtenances to serve the adjoining properties and more specifically described as folhws: An eight (8) inch sanitary sewer lateral and twelve (12) inch sewer main and the necessary appurtenances in Lot I, triangle area annexation to the City of Bozeman, Montana. The construction and installation of the sanitary sewer laterals and mains shall include all trench excavation and backfill, bedding material, installation of sewer lines, necessary wyes, service line stubs, I manholes, and other necessary appurtenances thereto. 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. 2380 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 I office this 21st day of January 1982. Clerk of the City Commission CQMMISSICN RESOLUTICN NO. 2380 - ,_..