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HomeMy WebLinkAboutResolution 2421 Levying and assessing SID 634 for improvements 2' ,r\ l ~, i." I , COMMISSION RESOLUTION NO. 2421 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. 634 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, ST A TE OF MONT AN A, TO DEFRA Y THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DIS- TRICT NO. 634. WHEREAS, the City Commission of the City of Bozeman, did on the 11th day of March 1981 duly and regularly pass Commission Resolution No. 2306 entitled: COMMISSION RESOLUTION NO. 2306 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, 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. 634 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A SANITARY SEWER MAIN AND APPURTEN ANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN EIGHT (8) INCH SANIT ARY SEWER MAIN AND THE NECESSARY APPURTENANCES ON WEST MAIN STREET BETWEEN BABCOCK AND COLLEGE STREETS, ALL IN THE CITY OF BOZEMAN, MONT ANA. THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER MAINS SHALL INCLUDE ALL TRENCH EXCA V A TION AND BACKFILL, BEDDING MATERIAL, INST ALLA TION OF SEWER MAIN . 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 11th day of March 1981 duly pass Commission Resolution No. 2313 entitled: COMMISSION RESOLUTION NO. 2313 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. 634 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTION AND INST ALLA TION OF A SANITARY SEWER MAIN AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN EIGHT (8) INCH SANITARY SEWER MAIN AND THE NECESSARY APPURTE- NANCES ON WEST MAIN STREET BETWEEN BABCOCK AND COLLEGE STREETS, ALL IN THE CITY OF BOZEMAN, MONTANA. THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER MAINS SHALL INCLUDE ALL TRENCH EXCA VATION AND BACKFILL, BEDDING MATERIAL, INST ALL A TION OF SEWER MAIN, NECESSARY WYES, SERVICE LINE STUBS, MANHOLES, AND OTHER NECESSARY APPURTENANCES THERETO. which Commission Resolution Nos. 2306 and 2313, 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 improve- ments and the method of assessing the cost against the property within said district; and WHEREAS, said improvements as contemplated in said Commission Resolution Nos. 2306 and 2313 have been constructed and completed in accordance with the terms and conditions of Commission Resolution Nos. 2306 and 2313, and the cost of said improvements so constructed is the sum of Twenty-Five Thousand Three Hundred Forty-Seven Dollars and 991100 ($25,347.99). NOW, THEREFORE, pursuant to the provisions of Section 7-124201 and Section 7-12-4223, and all other applicable provisions of Title 7, Montana Code Annotated, and amendments thereto: BE IT RESOLVED AND IT IS HEREB Y ORDERED BY THE COMMISSION OF THE CITY OF BOZEMAN, ST A TE OF MONT AN A COMMISSION RESOLUTION NO. 2421 I I I 207 I Section 1. That to defray the cost and expense of constructing and making the improvements in said Special Improvement District No. 634, there be, and there is hereby levied and assessed a tax amounting to the sum of Twenty-Five Thousand Three Hundred Forty-Seven Dollars and 99/100 ($25,347.99) upon all the property in said Special Improvement District No. 634, 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 "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 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 tI A, tI as required by law; that the payment of said sums shall be made in 20 installments and the payment of said installment shall extend over a period of 19 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 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. 634 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. 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. I I MAYOR ATTEST: Clerk of the City Commission COMMISSION RESOLUTION NO. 2421 2' 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: I Clerk of the City Commission NOTICE HEARING, FINAL A DOPTION OF COMMISSION RESOLUTION NO. 2421, LEVYING AND ASSESSING SPECIAL IMPROVEMENT DISTRICT NO. 634, CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTION AND INST ALLA- TION OF A SANITARY SEWER MAIN AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN EIGHT (8) INCH SANIT AR Y SEWER MAIN AND THE NECESSARY APPUR- TENANCES ON WEST MAIN STREET BETWEEN BABCOCK AND COLLEGE STREETS, ALL IN THE CITY OF BOZEMAN, MONT ANA. THE CONSTRUCTION AND INST ALLA TION OF THE SANIT AR Y SEWER MAINS SHALL INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MA TERIAL, INST ALLA TION OF SEWER MAIN, 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. 2421 was provi- making the improvements within said district, to wit: I sionally passed and adopted; that said Commission Resolution levies and assesses Special Im- provement District No. 634, in said City, to defray the cost and expense of constructing and The boundaries of said Special Improvement District No. 634 are described as follows: A tract of land located in the SEt of Section 11, T2S, R5E, M.P.M., City of Bozeman, Gallatin County, Montana, and being further described as follows: Beginning at the Southwest corner of the Southwest one-quarter of the Southeast one-quarter (SWiSKl-) of said Section 11; thence N 0015' East a distance of 717.05 feet to the true point of beginning, which is the Southwest corner of Tract 2, Block 2, Triangle Annexation to the City of Bozeman. From said point of true beginning North 0015' East a distance of 123.13 feet to the South right-of-way of U.S. 191 thence along the south boundary of U.S. 191 a distance of 648.45 feet to the northwest corner of the West Main Business Plaza Subdivision to the City of Bozeman; thence North 89033'20" East a distance of 223.71 feet; thence South 00005'01" West a distance of 651. 28 feet; thence South 89033'20" West a distance of 330.69 feet; thence North 00005'10" East a distance of plus or minus 2.85 feet to the Southeast corner of Tract 4, Block 2, said Triangle Annexation, thence South 890431 West a distance of 165.60 feet; thence North 0015' East a distance of 48.92 feet; thence South 89043' West a distance of 163.86 feet to the point of true beginning. The said parcel includes tracts 2, 3 and 4 of Block 2 Triangle Annexation and Lots 1 through 9 of the West Main Business Plaza Subdivision, all in the City of Bozeman. That said Commission Resolution No. 2421 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 COMMISSION RESOL UTION NO. 2421 209 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. 2421, and the levying of a said assessment, and that said Reso- lution will finally be passed and adopted at the said regular session. I All persons interested are referred to Commission Resolution No. 2306, declaring it to be the intention of the Commission to create Special Improvement District No. 634, and Commission Resolution No. 2313, creating Special Improvement District No. 634, for the pur- pose of constructing and installing a sanitary sewer main and appurtenances to serve the adjoining properties and more specifically described as folbws: An eight (8) inch sanitary sewer main and the necessary appurtenances on West Main Street between Babcock and College Streets, all in the City of Bozeman. Dated the 30th day of August 1982. ROBIN L. SULLIVAN Clerk of the City Commission State of Montana ) County of Gallatin City of Bozeman ) I 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 20th 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 Commission of the City of Bozeman, do hereby certify that the foregoing Commission Resolution No. 2421 was published by title and number in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in I 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 20th day of October 1982. Clerk of the City Commission COMMISSION RESOLUTION NO. 2421