Loading...
HomeMy WebLinkAboutResolution 2420 Levying and assessing SID 633 for improvements 201 COMMISSION RESOLUTION NO. 2420 I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DIS- TRICT NO. 633 IN THE CITY OF BOZEMAN, COUNTY OF GALLA TIN, ST A TE OF MONT AN A, TO DEFRA Y THE COST OF INCIDENT AI., EXPENSES INCURRED WITH THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 633. WHEREAS, the City Commission of the City of Bozeman, did on the 11th day of March 1981 duly and regularly pass Commission Resolution No. 2305 entitled: COMMISSION RESOLUTION NO. 2305 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, 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. 633 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A WATER MAIN, SANITARY SEWER AND STORM DRAIN AND APPURTENANCES, AND PA VING TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: A SIX (6) INCH WATER MAIN AND APPURTE- NANCES ON PROFESSIONAL DRIVE IN THE WEST MAIN BUSINESS PLAZA; AN EIGHT (8) INCH SANITARY SEWER IN THE SAME AREA, MANHOLES AND SERVICE ST UBS TO THE PROPERTY LINES A ND 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, MONT ANA. THE CONSTRUCTION AND INSTALLATION OF THE WATER MAIN, SANITARY SEWER AND STORM DRAIN AND PAVING TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, CAST IRON WATER MAIN, VALVES, FITTINGS, HYDRANTS, SANITARY SEWER LINES, MANHOLES, STORM DRAINAGE PIPE, SERVICE LINE STUBS, PA VING WITH INTEGRAL CONCRETE CURBS AND GUTTERS, AND OTHER NECESSARY APPURTENANCES. I and thereafter, after due and legal proceedings, the Commission of the City of Bozeman did on the 8th day of April 1981 duly pass Commission Resolution No. 2312 entitled: COMMISSION RESOLUTION NO. 2312 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. 633 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTION AND INST ALLA TION OF A WATER MAIN, SANITARY SEWER AND STORM DRAIN AND APPURTE- NANCES, AND PAVING TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: A SIX (6) INCH WATER MAIN AND APPURTENANCES ON PROFESSIONAL DRIVE IN THE WEST MAIN BUSINESS PLAZA; 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, MONTANA. THE CONSTRUCTION AND INSTALLATION OF THE WATER MAIN, SANIT AR Y SEWER AND STORM DRAIN AND PAVING TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, CAST IRON WATER MAIN, VALVES, FITTINGS, HYDRANTS, SANITARY SEWER LINES, MANHOLES, STORM DRAINAGE PIPE, SERVICE LINE STUBS, PA VING WITH INTEGRAL CONCRETE CURBS AND GUTTERS, AND OTHER NECESSARY APPURTENANCES. which Commission Resolution Nos. 2305 and 2312, passed as aforesaid, are hereby referred to and made a part of this resolution for further particulars in respect to the boundaries of said I 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, inc1udin g 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. 2420 2' , . _ '..' I 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 WHEREAS. such costs should be borne by the individual district deriving the for eventual completion of construction; and I benefit of the engineering plans. which plans may be used by the district in the future. WHEREAS. incidental expenses paid for the district are the sum of Nine Thousand One Hundred Eighty-Two Dollars and 241100 ($9.182.24). 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, 5T A TE OF MONT ANA Section 1. That to defray the costs and expense of making the improvements in said Special Improvement District No. 633, there be. and there is hereby levied and assessed a tax amounting to the sum of Nine Thousand One Hundred Eighty-Two Dollars and 241100 ($9.182.24), upon all property in said Special Improvement District No. 633, 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 be made and the day when the same shall be delinquent is set forth in detail in the assess- set opposite the names of the owners and the described bts and parcels of land be, and the I ment list hereto attached. marked "Schedule A," and made a part hereof; that the several sums 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 Jots and parcels of land described in said assessment list. "Schedule A. n 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. 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 making the improvements in the said Special Improvement COMMISSION RESOLUTION NO. 2420 203 District No. 633 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 I objections and the final adoption of this Resolution. 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 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 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. 633 IN THE CITY OF BOZEMAN, COUNTY OF GALLA TIN, ST A TE OF MONT ANA, TO DEFRAY THE COST OF INCIDENT AL EXPENSES INCURRED WITH THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 633. NOTICE IS HEREBY 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. 2420 was provi- sionally passed and adopted; that said Commission Resolution levies and assesses Special Im- provement District No. 633, in said City, to defray the cost of incidental expenses incurred with the improvements within said special improvement district, to wit: I The boundaries of said Special Improvement District No. 633 are described as follows: A tract of land being Tract 6A of Certificate of Survey No. 822 located in the Southeast * of Section 11, Township 2 South, Range 5 East, Principal Meridian of Montana, City of Bozeman, Gallatin County, Montana, and being further described as follows: Beginning at the Southwest corner of said Tract A, said point being North 26025'1l'l East a distance of 749.83 feet from the Southwest corner of the said Southeast * of Section 11 (SEi corner, Section 11). Thence North 00005'10" East along the West line of said Tract 6A a distance of 534.13 feet. Thence North 42014117" East along the North- west line of said Tract 6A a distance of 159.35 feet. Thence North 89033'20" East along the North line of said Tract 6A a distance of 223.71 feet. Thence South 00005101" West along the East line of said Tract 6A a distance of 651. 28 feet. Thence South 89033'20" West along the South line of said Tract 6A a distance of 330.69 feet to the point of beginning. COMMISSION RESOLUTION NO. 2420 2.' '.' ~ ~ ~ '.' Said tract of land being 4.800 acres along with and subject to all existing easements. The above includes the usable portions of Lots 1-9 West Main Business Plaza Subdivision to the City of Bozeman. That said Commission Resolution No. 2420 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. 2420, and the levying of a said assessment, and that said Reso- lution will finally be passed and adopted at the said regular session. All persons interested are referred to Commission Resolution No. 2305, declaring it to be the intention of the Commission to create Special Improvement District No. 633, and Commission Resolution No. 2312, creating Special Improvement District No. 633, for the pur- pose of constructing and installing a water main, sanitary sewer and storm drain and appurtenances, and paving to serve the adjoining properties and more specifically described as follows: A 6 inch water main and appurtenances on Professional Way in the West Main Business Plaza; an 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. S ULLIV AN Clerk of the City Commission State of Montana County of Gallatin City 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 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. ommission subject to inspection Clerk of the City Commission COMMISSION RESOLUTION NO. 2420 I I I 205 State of Montana County of Gallatin City of Bozeman ) I, Robin L. Sullivan, Clerk of the Commission of the City of Bozeman, do hereby certify that the foregoing Commission Resolution No. 2420 was published by title and number I 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, 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 ommission subject to inspection I I COMMISSION RESOLUTION NO. 2420