HomeMy WebLinkAboutResolution 2476 Relevying and reassessing SID 629
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COMMISSION RESOLUTION NO. 2476
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A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
RELEVYING AND REASSESSING SPECIA,L ASSESSMENT TAXES UPON ALL
PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 629 IN THE CITY
OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY
THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN
SAID SPECIAL IMPROVEMENT DISTRICT NO. 629.
WHEREAS, the City Commission of the City of Bozeman, did on the 29th day
of October 1980 duly and regularly pass Conunission Resolution No. 2265 entitled:
COMMISSION RESOLUTION NO. 2265
A RESOLUTION OF THE CITY COMMISSION OF THE CI'TY' 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 DrST~ICT NO. 629 FOR THE
PURPOSE OF CONSTRUCTION AND INSTALLATION OF A SANITARY SEWER
AND WATER MAIN AND APPURTENA.NCES TO SERVE THE ADJOrNING PRO-
PERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN EIGHT
(8) INCH SANITARY SEWER LATERAL AND THE NECESSARY' APPURTE-
NANCES IN THE UNIVERSITY SQUARE SUBDIVISION, AN EIGHT (8)
INCH AND A SIX (6) INCH WATER LATERAL, FIRE HYDRANTS', VALVES,
AND APPURTENANCES ALL IN THE UNIVERSITY SOUARE SUBDIVISION
IN THE CITY OF BOZEMAN, MONTANA.
THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER
LATERALS AND WATER LATERALS SHALL INCLUDE ALL TRENCH EXCA-
VATION AND BACKFILL, BEDDING MATERIAL, INSTALLATION OF
SEWER MAIN, NECESSARY WYES, SERVICE LINE STUBS, MANHOLES,
WATER LINES, VALVES, HYDRANTS, AND OTHER NECESSARY APPURTE-
NANCES THERETO.
and thereafter, after due and legal proceedings, the Commission of the City of
Bozeman did on the 10th day of December 1980 duly pass Commission Resolution No.
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2282 entitled:
COMMISSION RESOLUTION NO. 2282
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. 629 OF THE CITY
OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION
OF A SANITARY SEWER AND WATER MAIN AND APPURTENANCES TO
SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY
DESCRIBED AS FOLLOWS: AN EIGHT (8) INCH SANITARY SEWER
LATERAL AND THE NECESSARY APPURTENANCES IN THE UNIVERSITY
SQUARE SUBDIVISION, AN EIGHT (8) INCH AND A SIX (6) INCH
WATER LATERAL, FIRE HYDRANTS, VALVES, AND APPURTENANCES ALL
IN THE UNIVERSITY SQUARE SUBDIVISION IN THE CITY OF BOZEMAN,
MONTANA.
THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER
LATERALS AND WATER LATERALS SHALL INCLUDE ALL TRENCH EXCAVA-
TION AND BACKFILL, BEDDING MATERIAL, INSTALLATION OF SEWER
MAIN, NECESSARY WYES, SERVICE LINE STUBS, MANHOLES, WATER
LINES, VALVES, HYDRANTS, AND OTHER NECESSARY APPURTENANCES
THERETO.
which Commission Resolution Nos. 2265 and 2282, 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
herein, the cost of said improvements and the method of assessing the cost against
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the property within said district; and
WHEREAS, said improvements were constructed and completed in accordance
with the terms and conditions of Commission Resolution Nos. 2265 and 2282; and
COMMISSION RESOLUTION NO. 2476
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WHEREAS, the City COImnission of the City of Bozeman, did on the 27th
day of September 1982 duly and regularly pass Commission Resolution No. 2417,
entitled:
COMMISSION RESOLUTION NO. 2417
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 DISTRICT NO.
629 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF
MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE
IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 629.
which Resolution levied and assessed a tax amounting to $53,535.53 upon all the
property in said Special Improvement District No. 629; and
WHEREAS, it is now necessary to relevy and reassess the District for
additional costs paid to complete construction of said improvements as described
in Commission Resolution Nos. 2265 and 2282, wh~ch costs were not included in
the original assessment, to be paid over the remaining life of the assessment as
originally stated in Commission Resolution No. 2417;
NOW, THEREFORE, pursuant to the provisions of Section 7-12-4186, Montana
Code Annotated:
BE IT RESOLVED AND IT IS HEREBY ORDERED BY THE COMMISSION OF THE CITY
OF BOZEMAN, STATE OF MONTANA:
Section 1. That to defray the cost and expense of constructing and making
the improvements in said Special Improvement District No. 629, there be, and there
is hereby relevied and reassessed a tax amounting to the sum of Sixty-Five
Thousand Seven Hundred and Eighty Dollars and One Cent ($65,780.01) upon all
property in said Special Improvement District No. 629, 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 A, as required by law; that the payment of said sums shall be
made over the remaining life of the assessment as originally provided for in
Commission Resolution No. 2417; that the payment of the respective annual install-
ment shall be made on or before the 30th day of November of each year until
payment of all installments, together with the ~nterest thereon, shall be made;
COMMISSION RESOLUTION NO. 2476
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369
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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 sa:j:d 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 Connnission Chamber in the City Hall of said City on
the 19th day of September 1983 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 COI1'lIl'\iss:ion.
Section 3. That the Clerk of the Commission of the City of Bozeman be,
and she is hereby ordered and dtrected to publish .;in the Bozeman Daily Chronicle,
a daily newspaper printed and publ.;ished in the sa.;id ctty of Bozeman, a notice
signed by the Clerk of the Commission and s:tat.;ing that a Resolution relevying
and reassessing a speci&l assessment of taxes to defray the cost and expense
of constructing and making the improvements in the said Special Improvement
District No. 629 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 Connnission for the
final adoption of this Resolution; that it shall be published at least five (5)
days before the day set by the Conunission for the hearing of objections and the
final adoption of this Resolution.
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Provisionally passed and adopted by the commission of the City of Bozeman
at a regular session thereof held on the 6t.h day of 3eptember 1983.
Mayor
ATTEST:
3li1
Clerk of the City Commission
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Finally passed and adopted by the cornmissi~--_-______ zeman at
a regular session thereof held on the 26th daY' of September 1983.
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Mayor
ATTEST:
Clerk of the City Commission
COMMISSION RESOLUTION NO. 2476
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..;
NOT ICE
HEARING, FINAL ADOPTION OF COMMISSION RESOLUTION NO. 2476
RELEVYING AND REASSESSING SPECIAL IMPROVEMENT DISTRICT NO.
629, CITY OF BOZEMAN, FOR THE PURPOSE OF CONSTRUCTION AND
INSTALLATION OF A SANITARY' SEWER AND WATER MAIN AND APPUR-
TENANCES TO SERVE THE ADJOINING PROPER-TIES AND MORE SPECI-
FICALLY DESCRIBED AS FOLLOWS: AN EIGHT (8) INCH SANITARY
SEWER LATERAL AND THE NECESSARY' APPURTENANCES IN THE UNI-
VERSITY SQUARE SUBDIVISION, AN EIGHT (8) INCH AND A SIX (6)
INCH WATER LATERAL, FIRE HYDRANTS, VALVES, AND APPURTENANCES
ALL IN THE UNIVERSITY SQUARE SUBDIVISION IN THE CITY OF
BOZEMAN, MONTANA.
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THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER
LATERALS AND WATER LATERALS SHALL INCLUDE ALL TRENCH EXCA-
VATION AND BACKFILL, BEDDING MATERIAL, INSTALLATION OF SEWER
MAIN, NECESSARY WYES, SERVICE LINE STUBS, MANHOLES, WATER
LINES, VALVES, HYDRANTS, AND OTHER NECESSARY APPURTENANCES
THERETO.
NOTICE IS HEREBY GIVEN thata.t a regular ses'sion of the Conunission of
the City of Bozeman, held on the 6th day of September 1983, Commission Resolu-
tion No. 2476 was provisionally pass:ed a.nd a.d0pted; that said Ccmunission Resolu-
tion relevies and reassesses against Special Improvement District No. 629, in
said city, to defray the cost and expense of constructing and making improve-
ments within said District, to wit:
The boundaries of said special Improvement District No. 629
are described as follows:
A tract of land consisting of Block 4A-l of the amended sub-
division plat of portions of Blocks 3 and 4 of Kirk Subdivi-
sion No.4 and Lots 8, 9 and 10, Block 2, Kirk Subdivision
No.4 and portions of that tract plat in Book of Deeds 147,
page 408, located in the SE~ of Section 11, T2S, R5E, M.P.M.,
City of Bozeman, Gallatin County, Montana, being further
described as follows:
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Beginning at the southeast corner of Block 4 at a found pin
a~d cap m~r~e~ "779ES" loca~ed onthe,southline of Block 46
K~rk Subd~v~s~on No. 4 (bas~s of bear~ng), thence South 89
54'30" West along the southline of Block 4 a distance of
705.10 feet to the southwest corner of said Block 4; thence
North 00000'07" East along theeast1ine of COS No. 113 (right-
of-way for 23rd street) a dis:tance of 590.19 feet to a found
pin and cap located on the southerly right-of-way for Koch
Street, thence south 89059'53" East a distance of 100.79 feet
along the south side of a 60-foot right-of-way for Koch Street,
to a found pin and cap; thence continuing along said right-of-
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way through a central angle of 50 58'36" of a curve to the left
with a radius of 277.97 feet an arc length of 247.31 feet to a
found pin and cap; thence continuing along said right-of-way
North 39001'31" East a distance of 60.00 feet to a found pin
and cap; thence con6inuing along said right-of-way through a
central angle of 50 34'26" of a curve to the right with a
radius of 319.27 feet an arc length of 281.81 feet to a found
pin and cap; thence continuing along said right-of-way North
89035'57" East a dis~ance of 104.79 feet to a found pin and
cap; thence South 00 00'05" West a distance of 598.39 feet to
a found pin and cap located on the Northwest corner of Lot 8,
Block 2, Kirk Subdivision No.4; thence North 89058'14" East,
along the northline of Lot 8, a distance of 120.01 feet to a
found pin and cap located on the northeast corner of said Lot
8; thence South 00000'15" West a distance of 259.07 feet along
the easterly line of Lots 8, 9 and 10, Block 2, Kirk Subdivision
No. 4 to the sogtheast corner of Lot 10 and a found pin and cap;
thence South 89 54'30" West a distance of 120.00 feet along the
southline of Lot 10 to the point of beginning.
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Said tract contains 12.47 acres, more or less, along with and
subject to any existing easements.
COMMISSION RESOLUTION NO. 2476
371
That said Commission Resolution No. 2476 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 interested. That Monday, the 19th day of September
1983, at 7:00 o'clock p.m. of said day, at a regular session of the Commission
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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 Commission
will hear and pass upon any and all objections that may be made to the final
adoption of said Commission Resolution No. 2476, and that said Resolution wil
finally be passed and adopted at th.e said regular session.
All persons. interested are refe:J:'red to commission Resolution No. 2265,
declaring it to be the intention of the COllUl\:,i:ssion to create Special Improvement
District No. 629, and Commiss.ion Res:olution No. 2282, creating Special Improve-
ment District No. 629, for the purpose ot construction and installation of a
sanitary sewer and water ma:,i:n and appurtenances te serve the adjoining properties
and more specifically des.cribed as: follows: an eight (8) inch sanitary sewer
lateral and the necessary appurtenances in the Univers.ity Square Subdivision,
an eight (8) inch and a six (6) inch water lateral, fire hydrants, valves and
appurtenances all in the University Square5ubdivision in the City of Bozeman,
Montana.
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DATED the 7th day of September 1983.
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 foreC})i.ng Notice was published in length in the
Bozeman Daily Chronicle, a newspaper of general circulation printed and pub-
lished in said City, in the issue dated the 11th day of September 1983, 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 4th day of October 1983.
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 Cornm:,i:ssion of the City of Bozeman, do
hereby certify that theforeg<1l!I.ng Resolution No. 2476 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 30th day of September 1983.
IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal
of my office this 4th day of October 1983.
Clerk of the City Commission
COMMISSION RESOLUTION NO. 2476