HomeMy WebLinkAboutResolution 2415 Levying and assessing SID 626 for improvements
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COMMISSION RESOLUTION NO. 2415
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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. 626 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. 626.
WHEREAS, the City Commission of the City of Bozeman, did on the 29th day of
October 1980 duly and regularly pass Commission Resolution No. 2262 entitled:
COMMISSION RESOLUTION NO. 2262
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. 626 FOR THE
PURPOSE OF CONSTRUCTION AND INST ALLA TION OF A SANIT ARY
SEWER LATERAL AND APPURTENANCES TO SERVE THE ADJOINING
PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN
EIGHT (8) INCH SANITARY SEWER LATERAL AND THE NECESSARY
APPURTENANCES ON THE NORTH BOUNDARY OF THE STRATFORD,
WEST MAIN AND THE TOWN PUMP ANNEXATIONS IN THE CITY OF
BOZEMAN, MONT ANA.
THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER
LATERALS 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. 2279 entitled:
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COMMISSION RESOLUTION NO. 2279
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. 626 OF THE CITY OF
BOZEMAN FOR THE PURPOSE OF CONSTRUCTION AND INST ALLA TION
OF A SANITARY SEWER LATERAL AND APPURTENANCES TO SERVE
THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED
AS FOLLOWS: AN EIGHT (8) INCH SANITARY SEWER LATERAL AND
THE NECESSARY APPURTENANCES ON THE NORTH BOUNDARY OF
STRATFORD, WEST MAIN AND THE TOWN PUMP ANNEXATIONS IN THE
CITY OF BOZEMAN, MONT AN A.
THE CONSTRUCITON AND INSTALLATION OF THE SANITARY SEWER
LATERALS SHALL INCLUDE ALL TRENCH EXCAVATION AND BACKFILL,
BEDDING MATERIAL, INSTALLATION OF SEWER LINES, NECESSARY
WYES, SERVICE LINE STUBS, MANHOLES, AND OTHER NECESSARY
APPURTENANCES THERETO.
which Commission Resolution Nos. 2262 and 2279, 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.
2262 and 2279 have been constructed and completed in accordance with the terms and conditions
of Commission Resolution Nos. 2262 and 2279, and the cost of said improvements so constructed
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is the sum of Thirteen Thousand Eighty-Seven Dollars and 891100 ($13,087.89).
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, ST ATE OF MONT AN A
COMMISSION RESOLUTION NO. 2415
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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. 626, there be, and there is hereby levied
and assessed a tax amounting to the sum of Thirteen Thousand Eighty-Seven Dollars and 89/100
($13,087.89) upon all the property in said Special Improvement District No. 626 and that a
particular description of each lot and parcel of land with the name of the owner and the sum
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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 II 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 "A, II as required
by law; that the payment of said sums shall be made in 18 installments and the payment of said
installment shall extend over a period of 18 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
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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. 626 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.
Section 4. That at the time of final assessment, certain costs had not been finally
determined, subject to legal settlement. Upon legal settlement and acceptance by the Commission
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of the City of Bozeman, these costs shall be reassessed and relevied with the same force and
effect as the original levy, pursuant to provisions of Section 7-12-4186, M.C.A., 1979.
COMMISSION RESOLUTION NO. 2415
179
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 CommisSlOn
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NOTICE
HEARING, FINAL ADOPTION OF COMMISSION RESOLUTION NO. 2415,
LEVYING AND ASSESSING SPECIAL IMPROVEMENT DISTRICT NO. 626,
CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTION AND IN-
STALLATION OF A SANITARY SEWER LATERAL AND APPURTENANCES
TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY
DESCRIBED AS FOLLOWS: AN EIGHT (8) INCH SANITARY SEWER
LATERAL AND THE NECESSARY APPURTENANCES ON THE NORTH
BOUNDARY OF THE STRATFORD, WEST MAIN AND THE TOWN PUMP
ANNEXA TIONS IN THE CITY OF BOZEMAN, MONT AN A
THE CONSTRUCTION AND INSTALLATION OF THE SANITARY
SEWER LATERALS SHALL INCLUDE ALL TRENCH EXCAVATION AND
BACKFILL, BEDDING MATERIAL, INSTALLATION OF SEWER LINES,
NECESSARY WYES, SERVICE LINE STUBS, MANHOLES, 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 30th day of August 1982, Commission Resolution No. 2415 was pro vi-
sionally passed and adopted; that said Commission Resolution levies and assesses against Special
Improvement District No. 626, in said City, an amount to defray the cost and expense of
constructing and making improvements within said District, to wit:
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The boundaries of said Special Improvement District No. 626 are described
as follows: A tract of land in the south half of Section 11, Township Two
(2) South, Range Five (5) East, M.P.M., Gallatin County, Montana, and
described as follows:
Beginning at a point on the North line of the South half (S-l) of the
Southwest Quarter (Swi) of said Section 11, which point is South
89023'14" West a distance of 450 feet from the East one-sixteenth
(E 1/16) corner of said Southwest quarter, said point being the
Northwest corner of the Stratford Annexation to the City of Bozeman,
thence South 00015'00" West a distance of 459.54 feet, thence South
24007'00" East a distance of 199.01 feet to the north right-of-way
COMMISSION RESOLUTION NO. 2415
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of the 60 foot frontage road north of and paralleling U.S. 191, thence
northeasterly along the north right-of-way of said frontage road
along U.S. 191 a distance of 381. 74 feet, thence South 00015' West a
distance of 89.49 feet to the north right-of-way of U. S. 191 thence
North 42021'30" East a distance of 608.53 feet along the said North
existing right-of-way of U. S. 191 to the Northeast corner of the
Town Pump Annexation, thence South 89025' West a distance of 754.04
feet to the point of beginning and containing all of the Stratford,
West Main and Town Pump Annexations to the City of Bozeman.
Said tracts of land comprised of 6.15 acres or 267,981 square feet.
That said Commission Resolution No. 2415 is now on file in the office of the Clerk of
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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. 2415, and the levying of a said preliminary assessment, based
upon the amount of the bond issue, and that said Resolution will finally he passed and adopted
at the said regular session.
All persons interested are referred to Commission Resolution No. 2262, declaring it
to be the intention of the Commission to create Special Improvement District No. 626, and
Commission Resolution No. 2279, creating Special Improvement District No. 626, for the pur-
pose of construction and installation of a sanitary sewer lateral and appurtenances to
serve the adjoining properties and more specifically described as folbws: An eight (8)
inch sanitary sewer lateral and the necessary appurtenances on the North boundary of the
Stratford, West Main and the Town Pump Annexations in the City of Bozeman, Montana.
Dated the 30th day of August 1982.
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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
office this 6th day of October 1982.
Clerk of the City Commission
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COMMISSION RESOLUTION NO. 2415
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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 Commission Resolution No. 2415 was published by title and
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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
office this
13th
day of October 1982.
Clerk of the City Commission
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COMMISSION RESOLUTION NO. 2415