HomeMy WebLinkAboutResolution 2419 Levying and assessing SID 632 for improvements
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COMMISSION RESOLUTION NO. 2419
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF
T AXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DIS-
TRICT NO. 632 IN THE CITY OF BOZEMAN, COUNTY OF GALLA TIN,
STATE OF MONTANA, TO DEFRAY THE COST OF INCIDENTAL
EXPENSES INCURRED WITH THE IMPROVEMENTS WITHIN SAID SPECIAL
IMPROVEMENT DISTRICT NO. 632.
WHEREAS, the City Commission of the City of Bozeman, did on the 18th day of
February 1982 duly and regularly pass Commission Resolution No. 2301 entitled:
COMMISSION RESOLUTION NO. 2301
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, 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. 632 FOR THE
PURPOSE OF CONSTRUCTION AND INSTALLATION OF A WATER SYSTEM,
SANITARY SEWER AND STORM DRAIN AND APPURTENANCES, AND
PA VING TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY
DESCRIBED AS FOLLOWS: DRILLING A SIX (6) INCH WELL, INSTALLING
A PUMP, PRESSURE TANK AND SHELTER AN D A SIX (6) INCH WATER
MAIN AND APPURTENANCES ON SHAWNEE WAY IN THE SHAWNEE
INDUSTRIAL PARK ADDITION; AN EIGHT (8) INCH SANITARY SEWER
IN THE SAME AREA, MANHOLES AND SERVICE STUBS TO THE PROPERTY
LINES AND STORM DRAIN PIPING, AND PA VING WITH AN ASPHALT
CONCRETE TYPE PA VEMENT, INTEGRAL CONCRETE CURBS AND GUTTERS
AND NECESSARY APPURTENANCES, ALL IN THE CITY OF BOZEMAN,
MONTANA.
THE CONSTRUCTION AND INSTALLATION OF THE WATER SYSTEM,
SANIT AR Y SEWER AND STORM DRAIN AND PAVING TO INCLUDE ALL
TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, CAST
IRON WATER MAIN, INTEGRAL CONCRETE CURBS AND GUTTERS,
AND OTHER NECESSARY APPURTENANCES.
and thereafter, after due and legal proceedings, the Commission of the City of Bozeman did
on the 29th day of April 1981 duly pass Commission Resolution No. 2325 entitled:
COMMISSION RESOLUTION NO. 2325
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. 632 OF THE CITY OF
BOZEMAN FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION
OF A WATER SYSTEM, SANITARY SEWER AND STORM DRAIN AND APPUR-
TENANCES, AND PAVING TO SERVE THE ADJOINING PROPERTIES AND
MORE SPECIFICALLY DESCRIBED AS FOLLOWS: DRILLING A SIX (6) INCH
WELL, INSTALLING A PUMP, PRESSURE TANK AND SHELTER AND A SIX
(6) INCH WATER MAIN AND APPURTENANCES ON SHAWNEE WAY IN THE
SHAWNEE INDUSTRIAL PARK ADDITION; AN EIGHT (8) INCH SANITARY
SEWER IN THE SAME AREA, MANHOLES AND SERVICE STUBS TO THE
PROPERTY LINES AND STORM DRAIN PIPING, AND PAVING WITH AN
ASPHALT CONCRETE TYPE PA VEMENT, INTEGRAL CONCRETE CURBS AND
GUTTERS AND NECESSARY APPURTENANCES, ALL IN THE CITY OF
BOZEMAN, MONT ANA.
THE CONSTRUCTION AND INST ALL A TION OF THE WATER SYSTEM,
SANIT AR Y SEWER AND STORM DRAIN AND PAVING TO INCLUDE ALL
TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, CAST
IRON WATER MAIN, INTEGRAL CONCRETE CURBS AND GUTTERS,
AND OTHER NECESSARY APPURTENANCES.
which Commission Resolution Nos. 2301 and 2325, 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 the improvements to be constructed therein, the cost of said improve-
ments and the method of assessing the cost against the property within said district; and
WHEREAS, the costs and expenses connected with and incidental to the formation
of any special improvement district, including such costs as preparation of plans, specifications,
maps, and plats, and engineering costs are considered a part of the cost of making the
improvements within such special improvement district, pursuant to Section 7-12-4169, M.C.A.,
1979, and
COMMISSION RESOLUTION NO. 2419
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WHEREAS, incidental costs have been incurred and paid for by the General Fund
of the City of Bozeman, Montana, in a good faith effort by the City to sell bonds to pay for
the district's intended improvements and construction, which bond sale was unsuccessful
due to lack of interested bidders; and
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WHEREAS, such costs should be borne by the individual district deriving the
benefit of the engineering plans, which plans may be used by the district in the future,
for eventual completion of construction; and
WHEREAS, incidental expenses paid for the district are the sum of Six Thousand
Six Hundred Four Dollars and 79/100 ($6,604.79).
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 A ND IT IS HEREB Y ORDERED BY THE COMMISSION OF THE
CITY OF BOZEMAN, STATE OF MONT ANA
Section 1. That to defray the costs and expense of making the improvements
in said Special Improvement District No. 632, there be, and there is hereby levied and
assessed a tax amounting to the sum of Six Thousand Six Hundred Four Dollars and 79/100
($6,604. 79), upon all property in said Special Improvement District No. 632, 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 in the amount of each partial payment to
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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," 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 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, rr as required by law; that
the payment of said sum shall be made in seven installments and the payment of said installments
shall extend over a period of seven 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 install-
ments, together with interest thereon at the rate of nine percent (9%) per annum, shall
be made; that said sum 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.
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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 making the improvements in the said Special Improvement
COMMISSION RESOLUTION NO. 2419
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District No. 632 is on file in the office of the Clerk of the Commission subject 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.
Provisionally passed and adopted by the Commission of the City of Bozeman at a regu-
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lar session thereof held on the 30th day of August 1982.
MAYOR
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
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT AN A, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF
TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DIS-
TRICT NO. 632 IN THE CITY OF BOZEMAN, COUNTY OF GALLA TIN,
STATE OF MONTANA, TO DEFRAY THE COST OF INCIDENTAL
EXPENSES INCURRED WITH THE IMPROVEMENTS WITHIN SAID SPECIAL
IMPROVEMENT DISTRICT NO. 632.
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. 2419 was pro vi-
sionally passed and adopted; that said Commission Resolution levies and assesses Special Im-
provement District No. 632, in said City, to defray the cost of incidental expenses incurred
The boundaries of said Special Improvement District No. 632 are described
as follows:
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with the improvements within said special improvement district, to wit:
A tract of land located in Section 9, Township 2 South, Range 6 East,
Montana Principal Meridian, Gallatin County, Montana, and being more
particularly described as follows:
Beginning at a point on the Section Line common to said Section 9 and
16, said point being N 89052'52" E, and a distance of 1301. 50 feet
from the Southwest corner of Section 9;
Thence N 00007'08" W, a distance of 477.79 feet to the Southerly
Right-of-Way of Montana State Highway Number 10, to a found iron
pin;
COMMISSION RESOLUTION NO. 2419
199
Thence S 73055'49" E. along said Right-of-Way. a distance of 492.09
feet, to a found iron pin;
Thence S 02046'03" W a distance of 341. 03 feet to a found iron pin;
Thence S 89052'52" W a distance of 455.41 feet to the true point of
beginning;
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Said parcel includes Lots 1-5, Shawnee Industrial Park, Bozeman,
Montana.
That said Commission Resolution No. 2419 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. 2419, and the levying of a said assessment, and that said Reso-
lution will finally be passed and adopted at the said regular session.
A 11 persons interested are referred to Commission Resolution No. 2301, declaring it
to be the intention of the Commission to create Special Improvement District No. 632, and
Commission Resolution No. 2325, creating Special Improvement District No. 632, for the pur-
pose of constructing and installing a water system. sanitary sewer and storm drain and
appurtenances, and paving to serve the adjoining properties and more specifically described
as follows: drilling a 6 inch well. installing a pump, pressure tank and shelter and a 6 inch
water main and appurtenances on Shawnee Way in the Shawnee Industrial Park Addition; an
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8 inch sanitary sewer in the same area, manholes and service stubs to the property lines
and storm drain piping, and paving with an asphalt concrete type pavement, integral concrete
curbs and gutters and necessary appurtenances, all in the City of Bozeman, Montana.
Dated the 30th day of August 1982.
ROBIN L. SULLIVAN
Clerk of the City Commission
State of Montana
County of Gallatin
Ci ty of Bozeman
I, Robin L. Sullivan, Clerk of the Commission of the City of Bozeman, do hereby
certify that the foregoing Notice was published at length in the Bozeman Daily Chronicle, a
newspaper of general circulation printed and published in said City, in the issue dated the
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9th day of September 1982, and due proof of such publication is on file in my office.
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
COMMISSION RESOLUTION NO. 2419
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State of Montana )
County of Gallatin
Ci ty of Bozeman )
I. Robin L. Sullivan. Clerk of the Commission of the City of Bozeman. do hereby
certify that the foregoing Commission Resolution No. 2419 was published by title and number
said City. in the issue dated the 6th of October 1982. and due proof of such publication is
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in the Bozeman Daily Chronicle. a newspaper of general circulation printed and published in
on file in my office.
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. 2419