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HomeMy WebLinkAboutResolution 2422 Levying and assessing SID 635 or improvements ? .~~ COMMISSION RESOLUTION NO. 2422 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. 635 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. 635. I WHEREAS, the City Commission of the City of Bozeman, did on the 18th day of March 1981 duly and regularly pass Commission Resolution No. 2310 entitled: COMMISSION RESOLUTION NO. 2310 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. 635 FOR THE PURPOSE OF CONSTRUCTION AND INST ALLATION OF A SANITARY SEWER LATERAL AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN EIGHT (8) INCH SANITARY SEWER LATERAL AND THE NECESSARY APPURTENANCES ON WEST MAIN STREET ADJACENT TO BLOCK 2, TRIANGLE ANNEXATION IN THE CITY OF BOZEMAN, MONT AN A. THE CONSTRUCTION AND INS! ALLA TION OF THE SANIT AR Y SEWER LATERAL SHALL INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, INSTALLATION 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 18th day of March 1981 duly pass Commission Resolution No. 2319 entitled: COMMISSION RESOLUTION NO. 2319 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. 635 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTION AND INST ALLATION OF A SANITARY SEWER LATERAL AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN EIGHT (8) INCH SANITARY SEWER LATERAL AND THE NECESSARY APPURTENANCES ON WEST MAIN STREET ADJACENT TO BLOCK 2, TRIANGLE ANNEXATION IN THE CITY OF BOZEMAN, MONTANA. I THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER LATERAL SHALL INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BED DING MATERIAL, INST ALLA TION OF SEWER MAIN. NECESSARY WYES, SERVICE LINE STUBS, MANHOLES AND OTHER NECESSARY APPURTENANCES THERETO. which Commission Resolution Nos. 2310 and 2319, 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 assessing the cost against the property within said district; and WHEREAS, said improvements as contemplated in said Commission Resolution Nos. 2310 and 2319 have been constructed and completed in accordance with the terms and conditions of Commission Resolution Nos. 2310 and 2319, and the cost of said improvements so constructed is the sum of Ten Thousand Eight Hundred Eighty Dollars and 22/100 ($10,880.22). NOW, THEREFORE, pursuant to the provisions of Section 7-12-4201 and Section I 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, STATE OF MONTANA COMMISSION RESOLUTION NO. 2422 211 I Section 1. That to defray the cost and expense of constructing and making the improvements in said Special Improvement District No. 635, there be, and there is hereby levied and assessed a tax amounting to the sum of Ten Thousand Eight Hundred Eighty Dollars and 22/100 ($10,880.22) upon all the property in said Special Improvement District No. 635, 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 assess- men t list hereto attached, mar ked Schedule II A, II and made a part hereof; that the several sums set opposite the names of the owners and the described bts 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 bts and parcels of land described in said assessment list, Schedule "A," 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 assess- ments 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. 635 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. 2422 ,.,. l" _. ' 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 ADOPTION OF COMMISSION RESOLUTION NO. 2422, LEVYING AND ASSESSING SPECIAL IMPROVEMENT DISTRICT NO. 635, CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTION AND INST ALLA- TrON OF A SANITARY SEWER LATERAL AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN EIGHT (8) INCH SANITARY SEWER LATERAL AND THE NECESSARY APPURTENANCES ON WEST MAIN STREET ADJACENT TO BLOCK 2, TRIANGLE ANNEXA TION IN THE CITY OF BOZEMAN, MONT AN A. THE CONSTRUCTION AND INST ALLA TION OF THE SANIT AR Y SEWER LATERAL SHALL INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, 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 I of Bozeman, held on the 30th day of August 1982, Commission Resolution No. 2422 was provi- sionally passed and adopted; that said Commission Resolution levies and assesses Special lm- provement District No. 635, in said City, to defray the cost and expense of constructing and making the improvements within said district, to wit: The boundaries of said Special Improvement District No. 635 are described as follows: A tract of land located in the West one-half (Wi) of the Southwest one-quarter of the Southeast one-quarter (SWiSEi) of Section Eleven (11), Township Two (2) South, Range Five (5) East, M,P.M. and being more particularly described as follows: Beginning at the Southwest corner of the Southwest quarter of the Southeast quarter of said Section 11; thence North 0015' East along the West line of said Southeast Quarter a distance of 717.05 feet to the Southwest corner of Tract 2, Block 2 of the Triangle Annexation to the City of Bozeman which is the true point of beginning; thence North 0015' East a distance of 123.13 feet to the south right-of-way of U. S, Highway 191; thence along said right-of-way North 42021'30" East a distance of 489.10 feet; thence South 0015' East a distance of 431.28 feet to the Southeast corner of Tract 4, said Block 2; thence South 890 43' West a distance of 165,60 feet; thence North 0005' East a distance of 48.92 feet; thence South 89043' West a distance of 163,85 feet to the true point of beginning. The described parcel includes Tracts 2, 3 and 4, Block 2 of the Triangle Annexation to the City of Bozeman, Montana. I That said Commission Resolution No. 2422 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, COMMISSION RESOLUTION NO. 2422 213 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. 2422, 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. 2310, declaring it to be the intention of the Commission to create Special Improvement District No. 635, and Commission Resolution No. 2319, creating Special Improvement District No. 635, for the purpose of constructing and installing a sanitary sewer lateral and appurtenances to serve the adjoining properties and more specifically described as follows: An eight (8) inch sanitary sewer lateral and the necessary appurtenances on West Main Street adjacent to Block 2, Triangle Annexation in the City of Bozeman, Montana. Dated the 30th day of August 1982. ROBIN L. SULLIVAN Clerk of the City Commission I 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 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. 2422 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. 2422