HomeMy WebLinkAboutResolution 2412 Levying and assessing SID 623 for improvements
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COMMISSION RESOLUTION NO. 2412
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A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT AN A, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF
T AXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DIS-
TRICT NO. 623 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. 623.
WHEREAS, the City Commission of the City of Bozeman, did on the 5th day of
November 1980 duly and regularly pass Commission Resolution No. 2269 entitled:
COMMISSION RESOLUTION NO. 2269
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, 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. 623 FOR THE
PURPOSE OF CONSTRUCTION AND INST ALLA TION OF SANIT AR Y
SEWER AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES
AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS:
AN EIGHT (8) INCH SANITARY SEWER AND APPURTENANCES ON
EAST GRANITE, PONDERA, WEST GRANITE, GOLDEN V ALLEY,
TETON AND FLATHEAD A VENUES AND PORTIONS OF FALLON,
RAVALLI, WEST BABCOCK, BROADWATER, CASCADE STREETS,
TOOLE STREET, AND A PORTION OF DURSTON ROAD AND A TWELVE
(12) INCH AND FOURTEEN (14) INCH SANIT AR Y SEWER ON YELLOWSTONE
AVENUE ALL IN THE VALLEY UNIT SUBDIVISION TO THE CITY OF
BOZEMAN.
THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER
TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING
MATERIAL, SANITARY SEWER LINES, MANHOLES, SERVICE LINE
STUBS, AND OTHER NECESSARY APPURTENANCES.
and thereafter, after due and legal proceedings, the Commission of the City of Bozeman did
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on the 10th day of December 1980 duly pass Commission Resolution No. 2276 entitled:
COMMISSION RESOLUTION NO. 2276
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. 623 OF THE CITY OF
BOZEMAN FOR THE PURPOSE OF CONSTRUCTION AND INST ALLA TION
OF SANITARY SEWER AND APPURTENANCES TO SERVE THE ADJOIN-
ING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS:
AN EIGHT (8) INCH SANIT AR Y SEWER AND APPURTENANCES ON
EAST GRANITE, PONDERA, WEST GRANITE, GOLDEN VALLEY, TETON
AND FLA THEA D A VENUES AND PORTIONS OF FALLON, RAVALLI,
WEST BABCOCK, BROADWATER, CASCADE STREETS, TOOLE STREET,
AND A PORTION OF DURSTON ROAD AND A TWELVE (12) INCH AND
FOURTEEN (14) INCH SANIT AR Y SEWER ON YELLOWSTONE AVENUE
ALL IN THE V ALLEY UNIT SUB DIVISION TO THE CITY OF BOZEMAN.
THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER
TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING
MATERIAL, SANITARY SEWER LINES, MANHOLES, SERVICE LINES
STUBS, AND OTHER NECESSARY APPURTENANCES.
which Commission Resolution Nos. 2269 and 2276, 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 improvements,
and the method of assessing the cost against the property within said district; and
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WHEREAS, said improvements as contemplated in said Commission Resolution Nos.
2269 and 2276 have been constructed and completed in accordance with the terms and conditions
of Commission Resolution Nos. 2269 and 2276, and the cost of said improvements so constructed
is the sum of Five Hundred Fifteen Thousand Six Hundred Forty-Three Dollars and 90/100
($515,643.90).
COMMISSION RESOLUTION NO. 2412
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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 HEREB Y 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
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improvements in said Special Improvement District No. 623, there be, and there is hereby levied
and assessed a tax amounting to the sum of Five Hundred Fifteen Thousand Six Hundred
Forty-Three Dollars and 90/100 ($515,643.90) upon all the property in said Special Improvement
District No. 623 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 itA, It 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
It A, It as required by law; that the payment of said sums shall be made in 19 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
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said sums shall be paid and the collection thereof shall be made in the manner and in accord-
ance 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 20th day of September 1982
at 7:00 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. 623 is on file in the office of the Clerk of the Commission sub-
at which objections will be heard by the Commission for the final adoption of this Resolution;
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ject to inspection for a period of five (5) days; that said Notice shall state the time and place
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.
COMMISSION RESOLUTION NO. 2412
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Provisionally passed and adopted by the Commission of the City of Bozeman at a regu-
lar session thereof held on the 30th day of August 1982.
MAYOR
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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 27th day of September 1982.
MAYOR
ATTEST:
Clerk of the City Commission
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NOTICE
HEARING, FINAL A DOPTION OF COMMISSION RESOLUTION NO. 2412,
LEVYING A ND ASSESSING SPECIAL IMPROVEMENT DISTRICT NO. 623,
CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTION AND INST AL-
LATION OF SANITARY SEWER AND APPURTENANCES TO SERVE THE
ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOL-
LOWS:
AN EIGHT (8) INCH SANITARY SEWER AND APPURTENANCES ON EAST
GRANITE, PONDERA, WEST GRANITE, GOLDEN V ALLEY, TETON AND
FLATHEAD AVENUES AND PORTIONS OF FALLON, RAVALLI, WEST BAB-
COCK, BROADWATER, CASCADE STREETS, TOOLE STREET, AND A POR-
TION OF 0 URSTON ROAD AND A TWELVE (12) INCH AND FOURTEEN (14)
INCH SANIT AR Y SEWER ON YELLOWSTONE A VENUE, ALL IN THE V ALLEY
UNIT SUB DIVISION TO THE CITY OF BOZEMAN.
THE CONSTRUCTION AND INST ALLA TION OF THE SANIT AR Y SEWER TO
INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL,
SANIT ARY SEWER LINES, MANHOLES, SERVICE LINE STUBS, 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 30th day of August 1982, Commission Resolution No. 2412 was provi-
sionally passed and adopted; that said Commission Resolution levies and assesses against Special
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Improvement District No. 623, in said City, an amount to defray the cost and expense of
constructing and making improvements within said District, to wit:
The boundaries of said Special Improvement District No. 623 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;
COMMISSION RESOLUTION NO. 2412
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thence West, a distance of 85.00 feet; thence South 00028'12" West 180.00
feet; thence West, a distance of 495.00 feet; thence South 00028'12" West,
a distance of 2823.84 feet; thence North 89047'38" East, a distance of
1570.06 feet; thence North 00028'12" East, a distance of 608.74 feet;
thence North 89052131" West, a distance of 150.00 feet; thence North
00028'12" East, a distance of 185.00 feet; thence South 89052131" 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.
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The total area within this district is 4,815,768.05 square feet, including
Block 1, Lots 3 - 6; Block 2, Lots 18 - 26; Block 5, Lots 1 - 42; Block 6;
Block 7, Lots 1 - 12; Block 8, Lots 11 - 17; Block 9; Block 10; Block 11;
Block 12; Block 13, Lots 5 and 6; Block 14, Lots 1 - 5 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, Lots 1 - 8. This includes the unplatted master planned area
approved by the City of Bozeman on January 17, 1980, and containing
Block 5, Lots 14 - 31; Block 7, Lots 7 - 12; Block 11, Lots 7 - 12;
Block 12; Block 14, Lots 4 and 5; all in the Valley Unit Subdivision to
the City of Bozeman.
That said Commission Resolution No. 2412 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 Monday, the 20th day of September 1982, at 7:00 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. 2412, 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
All persons interested are referred to Commission Resolution No. 2269, declaring it
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at the said regular session.
to be the intention of the Commission to create Special Improvement District No. 623, and
Commission Resolution No. 2276, creating Special Improvement District No. 623, for the pur-
pose of construction and installation of sanitary sewer and appurtenances to serve the
adjoining properties and more specifically described as follows: an eight (8) inch sanitary
sewer and appurtenances on East Granite, Pondera, West Granite, Golden Valley, Teton and
Flathead Avenues and portions of Fallon, Ravalli, West Babcock, Broadwater, Cascade
Streets, Toole Street, and a portion of Durston Road and a twelve (12) inch and fourteen
(14) inch sanitary sewer on Yellowstone Avenue all in the Valley Unit Subdivision to the City
of Bozeman.
Dated the 30th day of August 1982.
ROBIN L. SULLIVAN
Clerk of the City Commission
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COMMISSION RESOLUTION NO. 2412
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State of Montana )
County of Gallatin )
City of Bozeman )
I. Robin L. Sullivan. Clerk of the City Commission of the City of Bozeman. do
hereby certify that the foregoing Notice was published in length in the Bozeman Daily
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Chronicle. a newspaper of general circulation printed and published in said City. in the
issue dated the 9th day of September 1982.
IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my
office this 6th day of October 1982.
Clerk of the City Commission
State of Montana
County of Gallatin
City of Bozeman
I. Robin L. Sullivan. Clerk of the City Commission of the City of Bozeman. do
hereby certify that the foregoing Commission Resolution No. 2412 was published by title and
number in the Bozeman Daily Chronicle. a newspaper of general circulation printed and
published in said City. in the issue dated the
6th
day of October 1982.
IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my
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office this
13th day of October 1982.
Clerk of the City Commission
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COMMISSION RESOLUTION NO. 2412