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HomeMy WebLinkAboutResolution 2649 Levying and assessing SID 649 for improvements within the district: 4-20-87 3 I' t.. ~ .. ~ . ....... .,', COMMISSION RESOLUTION NO. 2649 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. 649 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. 649. WHEREAS, the City Commission of the City of Bozeman, did on the 7th day of April 1986, duly and regularly pass Commission Resolution No. 2599 entitled: I COMMISSION RESOLUTION NO. 2599 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE SPECIAL IMPROVEMENT DISTRICT NO. 649 FOR THE PURPOSE OF ACCOMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION, INSTALLATION, INSPECTION AND ENGINEERING CERTIFICATION OF SANITARY SEWER MAINS, WATER MAINS AND STORM DRAINAGE AND ALL OTHER NECESSARY APPUR- TENANCES TO SERVE PARTICULAR PROPERTIES WITHIN ANNIE SUBDIVISION, FIRST FILING. and thereafter, after due and legal proceedings, the Commission of the City of Bozeman did on the 12th day of May 1986, duly pass Commission Resolution No. 2602 entitled: COMMISSION RESOLUTION NO. 2602 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. 649 FOR THE PURPOSE OF ACCOMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION, INSTALLATION, INSPECTION AND ENGINEERING CERTIFICATION OF SANITARY SEWER MAINS, WATER MAINS AND STORM DRAINAGE AND ALL OTHER NECESSARY APPURTENANCES TO SERVE PARTICULAR PROPERTIES WITHIN ANNIE SUBDIVISION, FIRST FILING. which Commission Resolution Nos. 2599 and 2602, 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 preliminary cost of said improvements, based upon the amount of the bond issue, and the method of assessing the cost I against the property within said district; and WHEREAS, said improvements as contemplated in said Commission Resolution Nos. 2599 and 2602 are being constructed and completed in accordance with the terms and conditions of Commission Resolution Nos. 2599 and 2602, and the preliminary estimate of the costs of said improvements, based upon the amount of the bond issue, is the sum of Three Hundred Fifty-Five Thousand Dollars {$355,000.00}. NOW, THEREFORE, pursuant to the provisions of Section 7-12-4201 and Section 7-12-4223, and all other appl icable provisions of Title 7, Montana Code Annotated, and amendments thereto: 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 preliminary cost and expense of constructing and making the improvements in said Special Improvement District No. 649, there be, and there is hereby levied and assessed a tax amounting to the sum of Three Hundred Fifty-Five Thousand Dollars {$355,000.00} upon all the property in said Special Improvement District No. 649, 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 preliminary cost and expense, based upon the amount of the bond issue, of I 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 in semi-annual installments and the payment of said installments shall extend over a period of 19 years; that the payment of the respective semi-annual installments shall be made on or before the 31st day of May and 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 COMMISSION RESOLUTION NO. 2649 343 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 shal I 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 April 1987, at 7:00 o'clock p.m., be, and the same is hereby designated as the time and place at which objections to I 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 preliminary cost and expense, based upon the amount of the bond issue, of con- structing and making the improvements in the said Special Improvement District No. 649 is on file in the office of the Clerk of the Commission subject to inspection for a period of ten (10) 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 said notice shall be published at least ten (10) days before the day set by the Commission for the hearing of objections and the final adoption of this Resolution; and that said notice shall also be mailed to the address determined from the last completed assessment roll for state, county and school district taxes of each owner of each lot, tract or parcel of land to be assessed and to such other persons known to the Clerk to have an ownership interest in the property. Provisionally passed and adopted by the Commission of the City of Bozeman at a regular session thereof held on the 6th day of April 1987. JUDITH A. MATHRE, Mayor I 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 20th day of April 1987. JUDITH A. MATHRE, Mayor ATTEST: Clerk of the City Commission I NOTICE HEARING, FINAL ADOPTION OF COMMISSION RESOLUTION NO. 2649, LEVYING AND ASSESSING SPECIAL IMPROVEMENT DISTRICT NO. 649, CITY OF BOZEMAN FOR THE PURPOSE OF ACCOMPLISHING THE ENGINEERING DESIGN, CON- STRUCTION, INSTALLATION, INSPECTION AND ENGINEERING CERTIFICATION OF SANITARY SEWER MAINS, WATER MAINS AND STORM DRAINAGE AND ALL OTHER NECESSARY APPURTENANCES TO SERVE PARTICULAR PROPERTIES WITHIN ANNIE SUBDIVISION, FIRST FILING. COMMISSION RESOLUTION NO. 2649 '1 If ' ...' , NOTICE IS HEREBY GIVEN, that at a regular session of the Commission of the City of Bozeman, held on the 6th day of April 1987, Commission Resolution 2649 was provisionally passed and adopted; that said Commission Resolution levies and assesses against Special Improvement District No. 649, in said City, a preliminary amount based upon the bond issue established for said district, and further to provide for the cost and expense of making improvements within said District, to wit: The boundaries of said Special Improvement District No. 649 are described as follows: I Description A tract of land being a portion of Tract 1 A of Certificate of Survey No. 1240A situated in the S.E. 1/4 of Section 2, T.2S., R.5E., P.M.M., City of Bozeman, Gallatin County, Montana, and being further described as follows: Beginning at a point which is S89015'17"W a distance of 746.70 feet and NOOo47'26"Wa distance of 50.00 feet from the S.E. corner of Section 2, T.2S., R. 5E., P. M .M.; thence from said true point of beginning S89015'17"W a distance of 571.00 feet; thence N09047'01"W a distance of 162.19 feet, N05014'29"W a distance of 1025.75 feet to a point on a curve having a radial bearing of S15031'40"W; thence along said curve, curving to the right with a radius of 1350.00 feet a distance of 433.74 feet to a point on a curve having a radial bearing of N57052'05"W; thence along said curve, curving to the left with a radius of 546.13 feet a distance of 38.45 feet to a point on a curve having a radial bearing of N17014'36"E; thence along said curve, curving to the right with a radius of 637.00 feet a distance of 670.78 feet; thence N12025'20"W a distance of 215.41 feet, N05057'05"E a distance of 408.11 feet, N03024120"E a distance of 273.51 feet and N00037'50"W a distance of 151.18 feet; thence N89022'10"E a distance of 501.09 feet; thence SOOo37'50"E a distance of 121.00 feet, N89022'10"E a distance of 26.00 feet, 500037'50" E a distance of 181.00 feet, S05040'54"W a distance of 307.04 feet, S80035'14''E a distance of 9.14 feet, N79018'20"E a distance of 30.13 feet, S14036'43"W a distance of 66.37 feet, S10041'40"E a distance of 260.00 feet, S24034'44"E a distance of 139.06 feet, S10041140''E a distance of 195.00 feet, 579018'20"W a distance of 45.06 feet, S01024107"E a distance of 180.58 feet to a point on a curve having a radial bearing of N01024'07"E; thence along said curve, curving to the right with a radius of 521.00 feet a distance of 29.14 feet; thence S01048'10"W a distance of 116.00 feet to a point on a curve having a radial bearing of N01048'10"E; thence along said curve, curving to the right with a radius of 637.00 feet a distance of 110.08 feet I to a point on a curve having a radial bearing of N63016'23"W; thence along said curve, curving to the right with a radius of 606.13 feet a distance of 60.41 feet to a point on a curve having a radial bearing of 536029'1 O"W; thence along said curve, curving to the right with a radius of 1350.00 feet a distance of 157.41 feet; thence 546050'00" E a distance of 150.19 feet, S43035'18"E a distance of 60.00 feet to a point on a curve having a radial bearing of S43035'18"E; thence along said curve, curving to the left with a radius of 470.00 feet a distance of 43.30 feet; thence S48052'02"E a distance of 120.00 feet to a point on a curve having a radial bearing of S48052'02"E; thence along said curve, curving to the left with a radius of 350.00 feet a distance of 256.10 feet; thence SOoo47126"E a distance of 366.36 feet to the true point of beginning. That said Commission Resolution No. 2649 is now on file in the office of the Clerk of the City Commission. subject to inspection for a period of ten (10) days by any persons interested. That Monday, the 20th day of April 1987, 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 Commission wi II hear and pass upon any and all objections that may be made to the final adoption of said Commission Resolution No. 2649, and the levying of a said preliminary assessment, based upon the amount of the bond issue, and that said Resolution will finally be passed and adopted at the said regular session. All persons interested are referred to Commission Resolution No. 2599, declaring it to be the intention of the Commission to create Special Improvement District No. 649, and Commission Resolution No. 2602, creating Special Improvement District No. 649, for the purpose of accom- plishing the engineering design, construction, installation, inspection and engineering cer- I tification of sanitary sewer mains, water mains and storm drainage and all other necessary appurtenances to serve particular properties within Annie Subdivision, First Fi ling. Dated the 6th day of April 1987. ROBIN L. SULLIVAN Clerk of the City Commission COMMISSION RESOLUTION NO. 2649