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HomeMy WebLinkAboutResolution 2414-Levying and assessing SID 625 for improvements 1"' .. COMMISSION RESOLUTION NO. 2414 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, 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 GALLA TIN, ST ATE OF MONT ANA, TO DEFRAY 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. 2271 entitled: COMMISSION RESOLUTION NO. 2271 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. 625 FOR THE PURPOSES OF CONSTRUCTION AND INST ALLA TION 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 PA VEMENT ON YELLOWSTONE, TETON, FLATHEAD, EAST GRANITE AND PONDERA AVENUES AND PORTIONS OF TOOLE, CASCADE, BROADWATER, BABCOCK, RAVALLI, AND FALLON STREETS AND A PORTION OF FERG USON A VENUE IN THE V ALLEY UNIT SUB- DIVISION TO THE CITY OF BOZEMAN, MONT ANA. 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 INST ALLA TION OF REINFORCED CONCRETE STORM DRAIN AGE 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, FLA THEA D, EAST GRANITE, AND PONDERA A VENUES 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. which Commission Resolution Nos. 2271 and 2278, 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 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 cost of said improvements so constructed, is the sum of One Million Eight Hundred Eighteen Thousand, Eight Hundred Seventy Dollars and 04/100 ($1,818,870.04). 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 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 COMMISSION RESOLUTION NO. 2414 I I I 173 I and assessed a tax amounting to the sum of One Million Eight Hundred Eighteen Thousand, Eight Hundred Seventy Dollars and 04/100 ($1,818,870.04) upon all the property in said Special Improvement District No. 625, 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 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 II A. II 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 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 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. 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. I 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. I MAYOR ATTEST: Clerk of the City Commission COMMISSION RESOLUTION NO. 2414 1 .~, --I 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: I Clerk of the City Commission NOTICE ------ HEARING, FINAL A DOPTION OF COMMISSION RESOLUTION NO. 2414, LEVYING AND ASSESSING SPECIAL IMPROVEMENT DISTRICT NO. 625, CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTION AND IN- ST ALLA 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 AVENUES AND PORTIONS OF TOOLE, CASCADE, BROADWATER, BABCOCK, RAVALLI AND FALLON STREETS AND A PORTION OF FERGUSON AVE- NUE IN THE V ALLEY UNIT SUB DIVISION TO THE CITY OF BOZEMAN, MONTANA. 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. 2414 was pro vi- sian ally passed and adopted; that said Commission Resolution levies and assesses against Special Improvement District No. 625, in said City, an amount to defray the cost and expense of The boundaries of said Special Improvement District No. 625 are described as follows: I constructing and making improvements within said District, to wit: 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 00028'12" East, a distance of 269.41 feet; thence North 39031'41" West, a distance of 233.36 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, 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 I COMMISSION RESOLUTION NO. 2414 175 portion of lot 12; and a portion of Block 12; Block 14, lots 4 and 5; all in the Valley Unit Subdivision to the City of Bozeman. That said Commission Resolution No. 2414 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, 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 adoption of said Commission Resolution No. 2414, 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. A II 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- 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. I Dated the 30th day of August 1982 . ROBIN L. SULLIVAN 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 Notice was published in length in the Bozeman Daily 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 I office this 6th day of October 1982. Clerk of the City Commission COMMISSION RESOLUTION NO. 2414 1 "; .:~ I"- t '~ I 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. 2414 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. I IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my office this 13th day of October 1982. Clerk of the City Commission I I COMMISSION RESOLUTION NO. 2414