HomeMy WebLinkAboutResolution 2421 Levying and assessing SID 634 for improvements
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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
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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.
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MAYOR
ATTEST:
Clerk of the City Commission
COMMISSION RESOLUTION NO. 2421
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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:
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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:
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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
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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.
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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 )
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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
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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