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HomeMy WebLinkAboutResolution 2417 Levying and assessing SID 629 for improvements 187 COMMISSION RESOLUTION NO. 2417 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. 629 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. 629. WHEREAS, the City Commission of the City of Bozeman. did on the 29th day of October 1980 duly and regularly pass Commission Resolution No. 2265 entitled: COMMISSION RESOLUTION NO. 2265 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. 629 FOR THE PURPOSE OF CONSTRUCTION AND INST ALLA TION OF A SANITARY SEWER AND WATER MAIN AND APPURTENANCES TO SERVE THE ADJOIN- ING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN EIGHT (8) INCH SANITARY SEWER LATERAL AND THE NECESSARY APPURTENANCES IN THE UNIVERSITY SQUARE SUBDIVISION, AN EIGHT (8) INCH AND A SIX (6) INCH WATER LATERAL ,FIRE HYDRANTS, VALVES. AND APPURTENANCES ALL IN THE UNIVERSITY SQUARE SUBDIVISION IN THE CITY OF BOZEMAN, MONT ANA. THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER LATERALS AND WATER LATERALS SHALL INCLUDE ALL TRENCH EXCA VA TION AND BACKFILL, BEDDING MATERIAL, INST ALLA TION OF SEWER MAIN, NECESSARY WYES, SERVICE LINE STUBS, MANHOLES, WATER LINES, VALVES, HYDRANTS, AND OTHER NECESSARY APPURTE- NANCES THERETO. and thereafter, after due and legal proceedings, the Commission of the City of Bozeman did I on the 10th day of December 1980 duly pass Commission Resolution No. 2282 entitled: COMMISSION RESOLUTION NO. 2282 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. 629 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A SANIT ARY SEWER AND WATER MAIN AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN EIGHT (8) INCH SANITARY SEWER LATERAL AND THE NECESSARY APPURTENANCES IN THE UNIVERSITY SQUARE SUBDIVISION, AN EIGHT (8) INCH AND A SIX (6) INCH WATER LATERAL ,FIRE HYDRANTS, VALVES, AND APPURTENANCES ALL IN THE UNIVERSITY SQUARE SUBDIVISION IN THE CITY OF BOZEMAN, MONT ANA. THE CONSTRUCTION AND INST ALLA TION OF THE SANIT AR Y SEWER LATERALS AND WATER LATERALS SHALL INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, INSTALLATION OF SEWER MAIN, NECESSARY WYES, SERVICE LINE STUBS, MANHOLES, WATER LINES, VALVES, HYDRANTS, AND OTHER NECESSARY APPURTE- N ANCES THERETO. which Commission Resolution Nos. 2265 and 2282, 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 assessin g the cost against the property within said district; and I WHEREAS, said improvements as contemplated in said Commission Resolution Nos. 2265 and 2282 have been constructed and completed in accordance with the terms and conditions of Commission Resolution Nos. 2265 and 2282, and the cost of said improvements so constructed is the sum of Fifty-Three Thousand Five Hundred Thirty-Five Dollars and 53/100 ($53,535.53). 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: COMM I 55 ION RE50LUTI ON NO. 2417 1 i- BE IT RESOLVED AND IT IS HEREBY ORDERED BY THE COMMISSION OF THE CITY OF BOZEMAN, ST ATE OF MONT ANA Section 1. That to defray the cost and expense of constructing and making the improvements in said Special Improvement District No. 629, there be, and there is hereby levied and assessed a tax amounting to the sum of Fifty-Three Thousand Five Hundred Thirty- Five Dollars and 53/100 ($53,535.53) upon all the property in said Special Improvement District No. 629 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 II 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 said described hts and parcels of land to defray the cost and expense of constructing and making the improve- ments 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 19 installments and the pay- ment of said installment shall extend over a period of 19 years; that the payment of the respec- tive annual installment shall be made on or before the 30th day of November of each year until payment of al 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. 629 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 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. 2417 I I I 189 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 Commission I NOTICE HEARING, FINAL ADOPTION OF COMMISSION RESOLUTION NO. 2417 LEVYING AND ASSESSING SPECIAL IMPROVEMENT DISTRICT NO. 629, CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTION AND IN- STALLATION OF A SANITARY SEWER AND WATER MAIN AND APPURTE- NANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFI- CALLY DESCRIBED AS FOLLOWS: AN EIGHT (8) INCH SANITARY SEWER LATERAL AND THE NECESSARY APPURTENANCES IN THE UNIVERSITY SQUARE SUBDIVISION, AN EIGHT (8) INCH AND A SIX (6) INCH WATER LATERAL, FIRE HYDRANTS, VALVES, AND APPURTENANCES ALL IN THE UNIVERSITY SQUARE SUBDIVISION IN THE CITY OF BOZEMAN, MONT ANA. THE CONSTRUCTION AND INST ALLA TION OF THE SANITARY SEWER LATERALS AND WATER LATERALS SHALL INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, INSTALLATION OF SEWER MAIN, NECESSARY WYES, SERVICE LINE STUBS, MANHOLES, WATER LINES, VALVES, HYDRANTS, AND OTHER NECESSARY APPURTE- NANCES 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. 2417 was provi- I sionally passed and adopted; that said Commission Resolution levies and assesses against Special Improvement District No. 629, 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. 629 are described as follows: A tract of land consisting of Block 4A-l of the amended subdivision plat of portions of Blocks 3 and 4 of Kirk Subdivision No. 4 and Lots 8, 9 and 10, Block 2, Kirk Subdivision No. 4 and portions of that COMMISSION RESOLUTION NO. 2417 1..!~' tract plat in Book of Deeds 147, Page 408 located in the SE! of Section 11, T2S, R5E, M.P.M., City of Bozeman, Gallatin County, Montana, being further described as folbws: Beginning at the southeast corner of Block 4 at a found pin and cap marked "779ES" located on the southline of Block 4, Kirk Subdivision No.4 (basis of bearing), thence South 89054'30" West along the southline of Block 4 a distance of 705.10 feet to the southwest corner of said Block 4; thence North 00000'07" East along the eastline of cas No. 113 (right-of-way for 23rd Street) a distance of 590.19 feet to a found pin and cap located on the southerly right-of-way for Koch Street, thence South 89059'53" East a distance of 100.79 feet along the south side of a 60-foot right-of-way for Koch Street, to a found pin and cap; thence continuing along said right-of-way through a central angle of 50058'36" of a curve to the left with a radius of 277.97 feet an arc length of 247.31 feet to a found pin and cap; thence continuing along said right-of-way North 39001'31" East a distance of 60.00 feet to a found pin and cap; thence continuing along said right-of-way through a central angle of 50034'26" of a curve to the right with a radius of 319.27 feet an arc length of 281. 81 feet to a found pin and cap; thence continuing along said right- of-way North 89035'57" East a distance of 104.79 feet to a found pin and cap; thence South 00000'05" West a distance of 598.39 feet to a found pin and cap located on the Northwest corner of Lot 8, Block 2, Kirk Subdivision No.4; thence North 89058114" East, along the northline of Lot 8, a distance of 120.01 feet to a found pin and cap located on the northeast corner of said Lot 8; thence South 00000'15" West a distance of 259.07 feet along the easterly line of Lots 8, 9 and 10, Block 2, Kirk Subdivision No. 4 to the southeast corner of Lot 10 and a found pin and cap; thence South 89054'30" West a distance of 120.00 feet along the south line of Lot 10 to the point of beginning. I Said tract contains 12.47 acres, more or less, along with and subject to any existin g easements. That said Commission Resolution No. 2417 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, City Hall Building of said City has been designated as the time and place where the said Com- I at a regular session of the Commission of the City of Bozeman, at the Commission Room in the mission will hear and pass upon any and all objections that may be made to the final adoption of said Commission Resolution No. 2417, and that said Resolution will finally be passed and adopted at the said regular session. All persons interested are referred to Commission Resolution No. 2265, declaring it to be the intention of the Commission to create Special Improvement District No. 629, and Commission Resolution No. 2282, creating Special Improvement District No. 629, for the pur- pose of construction and installation of a sanitary sewer and water main and appurtenances to serve the adjoining properties and more specifically described as folbws: an eight (8) inch sanitary sewer lateral and the necessary appurtenances in the University Square Subdivision, an eight (8) inch and a six (6) inch water lateral. fire hydrants, valves, and appurtenances all in the University Square Subdivision in the City of Bozeman, Montana. Dated the 30th day of August 1982. ROBIN L. SULLIVAN Clerk of the City Commission I COMMISSION RESOLUTION NO. 2417 191 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 I 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. 2417 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 office this 13th day of October 1982. I Clerk of the City Commission I COMMISSION RESOLUTION NO. 2417