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HomeMy WebLinkAboutResolution 2426 Levying and assessing SID 615 for improvements 2", ,." '.- &.- . COMMISSION RESOLUTION NO. 2426 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA. LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF T AXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DIS- TRICT NO. 615 IN THE CITY OF BOZEMAN. COUNTY OF GALLA TIN. ST A TE OF MONT ANA, TO DEFRA Y THE COST OF INCIDENT AL EXPENSES INCURRED WITH THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 615. I WHEREAS, the City Commission of the City of Bozeman. did on the 21st day of January 1981 duly and regularly pass Commission Resolution No. 2299 entitled: COMMISSION RESOLUTION NO. 2299 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT AN A, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN. MONT ANA. TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 615 FOR THE PURPOSE OF CONSTRUCTION AND INST ALLA TION OF A SANIT ARY SEWER TRUNK AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN EIGHT (8) AND (12) INCH SANITARY TRUNK AND THE NECESSARY APPURTENANCES ON HIGHWAY 10 ALONG THE BURRUP ANNEXATION, ALL IN THE CITY OF BOZEMAN. MONT ANA. THE CONSTRUCTION AND INST ALLA TION OF THE SANIT AR Y SEWER TRUNK SHALL INCL UDE ALL TRENCH EXCAVATION AN D BACKFILL, BEDDING MATERIAL, INST ALLA TION OF SEWER TRUNK. 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 February 1981 duly pass Commission Resolution No. 2302 entitled: COMMISSION RESOLUTION NO. 2302 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. 615 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTION AND INST ALLA TION OF A SANITARY SEWER TRUNK AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN EIGHT (8) AND (12) INCH SANITARY TRUNK AND THE NECESSARY APPURTENANCES ON HIGHWA Y 10 ALONG THE BURRUP ANNEXA TION. ALL IN THE CITY OF BOZEMAN, MONT ANA. THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER TRUNK SHALL INCLUDE ALL TRENCH EXCAVATION AND BACKFILL. BEDDING MATERIAL. INSTALLATION OF SEWER TRUNK, NECESSARY WYES, SERVICE LINE STUBS, MANHOLES, AND OTHER NECESSARY APPURTENANCES THERETO. I which Commission Resolution Nos. 2299 and 2302, 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, 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.. WHEREAS. incidental costs have been incurred and paid for by the General Fund I 1979; and 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 COMMISSION RESOLUTION NO. 2426 229 I 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 j and WHEREAS, incidental expenses paid for the district are the sum of Twenty-Five Thousand One Hundred Eighty Dollars and 53/100 ($25,180.53). 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 HEREBY 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. 615, there be, and there is hereby levied and assessed a tax amounting to the sum of Twenty-Five Thousand One Hundred Eighty Dollars and 53/100 ($25,180.53), upon all property in said Special Improvement District No. 615, 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- ment list hereto attached, marked "Schedule A," and made a part hereof j 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 wi thin said district j 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," as required by law j 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 j 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 j 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 j 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 making the improvements in the said Special Improvement District No. 615 is on file in the office of the Clerk of the Commission subject to inspection I I COMMISSION RESOLUTION NO. 2426 ') -, , ~... "..' . 10lD WHEREAS, such costs should be borne by the individual district deriving the of the engineering plans, which plans may be used by the district in the futur , CITY OF ESOLVED AND IT IS HEREB Y ORDERED BY THE CO STATE OF MONTANA I ventual completion of construction; and WHEREAS, incidental expenses paid for the district are One Hundred Eighty Dollars and 53/100 ($25,180.53). OW, THEREFORE, pursuant to the provisions of Section 7-12-4201 7-12-4223, a all other applicable provisions of Title 7, Montana Code Ann ated, and amend- ments Section 1. That to defray the costs and expense of mak" g the improvements !iA~tf~f~ ~~&. d~o~~f~1:>ht~~r~~lht*aY!JVCSbp~~~M~:o J~~Mrfirf~f~~<f1.a~~!larl that a partIcular descript"on of each lot and parcel of land wit the f th ' nd name 0 e owner and the sum assessed against him, it, for such improvements in to be made and the day when same shall be delinquent amount of each partial payment set forth in detail in the assess- is ment list hereto "Schedule A," and ma e a part hereof; that the several sums set opposite the names of the owne s and the describe lots and parcels of land be, and the same are hereby respectively assessed up, n and against said described lots and parcels of land to defray the cost aking the improvements wi thin said district; that the several sums so assessed f om the respective owners of said lots and parcels of land described in said assessment t, "Schedule A," as required by law; that shall extend payment of the respective annual installment I the payment of "nstallments and the payment of said installments shall be made on or before the 30th d each year until payment of all install- ments, together with interest the reo percent (9%) per annum, shall be made; that said sum shall be and the collection reof shall be made in the manner and in accordance with the law the collection ecial improvement taxes; that failure s when the same become due payable shall make such persons and said liable to the rovided by law relative to delinquent taxes. Section 2. session of the Commission City of Bozeman to be held in Room in the City Hall of said City on the of September 1982 at 7:00 ., be, and the same is hereby designated as the time which of this Resolution will be heard by said Com "ssion. That the Clerk of the Commission of she dered and directed to publish in the Bozeman Daily Chronicle, newspaper d published in the said City of Bozeman, a notice signed by the I ion and stating that a Resolution levying and assessing a special assessment fray the cost and expense of making the improvements in the said Special Improve ent strict No. 615 is on file in the office of the Clerk of the Commission subject to inspectio Vo (0 COMMISSION RESOLUTION NO. 2426 231 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. I 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: I Clerk of the City CommisslOn 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. 615 IN THE CITY OF BOZEMAN, COUNTY OF GALLA TIN, STATE OF MONTANA, TO DEFRA Y THE COST OF INCIDENTAL EXPENSES INCURRED WITH THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 615. 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. 2426 was pro vi- sionally passed and adopted; that said Commission Resolution levies and assesses Special Im- I provement District No. 615, in said City, to defray the cost of incidental expenses incurred wi th the improvements within said special improvement district, to wit: The boundaries of said Special Improvement District No. 615 are described as follows: The tract of land lying in the SEi of Section 8, the SWi and SEi of Section 9, and the NWi and NEi of Section 16, Township 2 South, Range 6 East, M. P.M OJ Gallatin County, Montana, and described as follows: COMMISSION RESOLUTION NO. 2426 2.-" . "_ \ ~ v Beginning at a point where the northerly right-of-way line of 1-90 Median Centerline intersects the East line of the swt, SEa: of said Section 8, which point bears South 89054'41" West a distance of 1325.42 feet and north 0000'40" West a distance of 714.43 feet, more or less, from the Southeast corner of said Section 8; thence along a spiral curve to the right, having a deflection of 0022'34", a distance of 38.26 feet, to a point 130 feet Northeasterly when measured radially from the Median Centerline curve to spiral Station 190 + 12.4, thence Northwesterly along a curve to the right of 2162 feet radius, 130 feet Northeasterly on and parallel to said Median Centerline a distance of 370.14 feet to a point 130 feet Northeasterly when measured radially from said Median centerline Station 186 + 20; thence North 41012'43" West, a distance of 116.3 feet to a point 160 feet Northeasterly when measured radially from said Median Centerline Station 185 + 00, thence 160 feet distant Northeasterly and parallel to said Median Centerline curve to the right radius 2132 feet, a distance of 599.6 feet to a point of intersection with a line which is parallel to and 120 feet distance southerly of the centerline of "E" line Station 44 + 40.2, thence North 87053'30" East, parallel to said "E" line, a distance of 167.6 feet thence easterly along a curve to the right of 1026.0 feet radius, parallel to said "E" line, a distance of 432.87 feet; thence South 67056' East, parallel to said "E" line a distance of 304.0 feet to the East line of the SWi, SEa: of said Section 8; thence North 0012' East alon g the West line of the Certificate of Survey recorded on Film 7, Page 1072, of the Clerk and Recorder's Office, Gallatin County, a distance of 49.34 feet to a point on the Southwesterly right-of-way of U.S. Highway No. 10, which point is 80.0 feet right when measured at right angles to highway centerline Station 51 + 58.0; thence along said right-of-way in an arc to the left of radius 8595.0 feet a distance of 846.70 feet, whose chord bears South 70026'23" East a distance of 846.32 feet; thence along the North line of Certificate of Survey No. 475 along a 8595.0 foot radius curve to the left, whose tangent bearing at the P.C. is South 74058'16" East, through a deflection of 00051'16" left a distance of 128.17 feet; thence South 74007' East a distance of 1018.50 feet to the Northeast corner of Certificate of Survey No. 475; thence continuing along said U. S. 10 right-of-way South 74007' East a distance of 764 feet to the Northeast corner of Certificate of Survey No. 558; thence South 730 55'49" East, along said right-of-way a distance of 2281. 45 feet; thence South 00004'25" West a distance of 668.51 feet; thence North 73049'07" West a distance of 940.73 feet; thence South 00016'17" East, a distance of 88.86 feet to the Northerly right-of-way of 1-90; thence along said right-of-way through the folbwing courses: North 70044'18" West, a distance of 160.31 feet, North 56015'34" West, a distance of 41.31 feet, North 70040'39" West a distance of 152.29 feet, to the Southwest corner of Tract C, Certificate of Survey No. 558; thence North 00013'14" West a distance of 524.71 feet; thence South 89052'52" West a distance of 1538.01 feet; thence North 70032'45" West a distance of 175 feet to the Southeast corner of Certificate of Survey No. 475; thence North 70034' West a distance of 1165.53 feet to the Southern corner common to Certificate of Survey No. 475 and No. 246; thence North 70034' West a distance of 631.90 feet; thence on and along a spiral curve to the right, 130.00 feet Northeasterly of the centerline spiral, having a deflection of 1012'45" per 100 feet, a distance of 214.86 feet to the point of beginning, and containing 70.02 acres, more or less. I I That said Commission Resolution No. 2426 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. 2426, 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. 2299, declaring it Commission Resolution No. 2302, creating Special Improvement District No. 615, for the pur- I to be the intention of the Commission to create Special Improvement District No. 615, and pose of constructing and installing a sanitary sewer trunk and appurtenances to serve the adjoining properties and more specifically described as follows: An eight and twelve inch sanitary trunk and the necessary appurtenances on Highway 10 along the Burrup Annexation, all in the City of Bozeman, Montana. 233 Dated the 30th day of August 1982. I ROBIN L. SULLIVAN 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 26th day of October 1982. 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 Commission Resolution No. 2426 was published by title and number 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 26th day of October 1982. Clerk of the City Commission I COMMISSION RESOLUTION NO. 2426