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HomeMy WebLinkAboutResolution 2415 Levying and assessing SID 626 for improvements 177 COMMISSION RESOLUTION NO. 2415 I 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: I 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 I 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 1 ."J , . _".. J .. 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 I 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 I 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 I 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 I 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 I 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: I 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 1 ~ 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 I 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. I 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 I COMMISSION RESOLUTION NO. 2415 181 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 I 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 I I COMMISSION RESOLUTION NO. 2415