HomeMy WebLinkAboutResolution 2636 Relevying and reassessing SID 647 for improvements: 9-29-86
- - ---... -.--.---
31'"
". I
COMMISSION RESOLUTION NO. 2636
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELEVYING AND REASSESSING A SPECIAL ASSESSMENT OF TAXES
UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 647 IN
THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO
DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS
WITH IN SAID SPECIAL IMPROVEMENT DISTRICT NO. 647.
WHEREAS, the City Commission of the City of Bozeman, did on the 19th day of February
1985, duly and regularly pass Commission Resolution No. 2543 entitled: I
COMMISSION RESOLUTION NO. 2543
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. 647 FOR THE PURPOSE OF
ACCOMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION, INSPECTION
AND ENGINEERING CERTIFICATION OF THE ASPHALT PAVING, STORM
DRAINAGE, CURB AND GUTTER ON A PORTION OF HIGHLAND BOULEVARD
AND AN 8-INCH SANITARY SEWER MAIN AND ALL OTHER NECESSARY
APPURTENANCES.
and thereafter, after due and legal proceedings, the Commission of the City of Bozeman did on
the 1 st day of April 1985, duly pass Commission Resolution No. 2550 entitled:
COMMISSION RESOLUTION NO. 2550
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. 647 FOR THE PURPOSE OF
ACCOMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION, INSPECTION
AND ENGINEERING CERTIFICATION OF THE ASPHALT PAVING, STORM
DRAINAGE, CURB AND GUTTER ON A PORTION OF HIGHLAND BOULEVARD
AND AN 8-INCH SANITARY SEWER MAIN AND ALL OTHER NECESSARY
APPURTENANCES.
which Commission Resolution Nos. 2543 and 2550, 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, the City Commission of the City of Bozeman, did on the 15th day of October
1985, duly and regularly pass Commission Resolution No. 2586, entitled:
COMMISSION RESOLUTION NO. 2586
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. 647 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. 647.
WHEREAS, the amount levied in Resolution No. 2586 was an estimate of the costs based
on the amount of the bond issue; and
WHEREAS, said improvements as contemplated in said Commission Resolution Nos. 2543
and 2550 have been constructed and completed in accordance with the terms and conditions of
Commission Resolution Nos. 2543 and 2550, and the costs of said improvements is the sum of
Eight Hundred Thirty-Nine Thousand, Five Hundred and Twelve Dollars and Eighty-Two Cents
($839,512.82).
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 MONTANA I
Section 1. That to defray the cost and expense of constructing and making the improve-
ments in said Special Improvement District No. 647, there be, and there is hereby relevied and
reassessed a tax amounting to the sum of Eight Hundred Thirty-Nine Thousand Five Hundred
and Twelve Dollars and Eight-Two Cents ($839,512.82) upon all the property in said Special
Improvement District No. 647, hereby abated, 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
COMMISSION RESOLUTION NO. 2636
.------
305
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 re-
levied and reassessed upon and against said described lots and parcels of land to defray the
cost 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
I made in 40 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 30th day of November and the 31 st day of May of each year until payment of all install-
ments, 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 29th day of September 1986, 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 relevying and reassessing a special assessment of taxes to defray the cost and
expense of constructing and making the improvements in the said Special Improvement District
No. 647 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 wi II 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
I final adoption of this Resolution.
Provisionally passed and adopted by the Commission of the City of Bozeman at a regular
session thereof held on the 15th day of September 1986.
JUDITH A. MATHRE, Mayor
ATTEST:
ROBIN L. SULLIVAN
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 29th day of September 1986.
JUDITH A. MATHRE, Mayor
ATTEST:
ROBIN L. SULLIVAN
I Clerk of the City Commission
COMMISSION RESOLUTION NO. 2636
3 r' r"
. II r
NOTICE
HEARING, FINAL ADOPTION OF COMMISSION RESOLUTION NO. 2636, RE-
LEVYING AND REASSESSING SPECIAL IMPROVEMENT DISTRICT NO. 647, CITY
OF BOZEMAN FOR THE PURPOSE OF ACCOMPLISHING THE ENGINEERING DE-
SIGN, CONSTRUCTION, INSPECTION AND ENGINEERING CERTIFICATION OF
THE ASPHALT PAVING, STORM DRAINAGE, CURB AND GUTTER ON A POR-
TION OF HIGHLAND BOULEVARD AND AN 8-INCH SANITARY SEWER MAIN AND
ALL OTHER NECESSARY APPURTENANCES.
NOTICE IS HEREBY GIVEN, that at a regular session of the Commission of the City of I
Bozeman, held on the 15th day of September 1986, Commission Resolution No. 2636 was provi-
sionally passed and adopted; that said Commission Resolution relevies and reassesses against
Special Improvement District No. 647, in said City, an amount to provide for the cost and
expense of making improvements within said District, to wit:
The boundaries of said Special Improvement District No. 647 are described as
follows:
Beginning at the northwest corner of Tract B, Rearrangement of Elks Club
Property, located in the SW 1/4 of Sec. 8, T2S, R6E MPM; thence South
32059'00" West a distance of 172.29 feet; thence on a curve to the left having a
radius of 25.00 feet through a central angle of 32036100" a distance of 14.21
feet; thence South 00030100" West a distance of 350.10 feet to the northwest
corner of Tract 4-A, Rearrangement of Tract 4 of the Rearrangement of Elks
Club Property; thence South 00030130" West along the westerly property line of
said Tract 4-A, a distance of 211.53 feet to the southwest corner of said Tract
4-A; thence south 73055154" east a distance of 1.04 feet; thence South 00030130"
west a distance of 252.94 feet; thence along a 650.00 foot radius curve to the
left, an arc distance of 307.34 feet; thence south 26035100" East a distance of
394.10 feet; thence along a 1038.50 foot radius curve to the right an arc
distance of 198.65 feet; thence south 15037125" east a distance of 123.04 feet;
thence south 18014120" east a distance of 252.04 feet to a poi nt on a nontangent
curve with center being south 74022135" west, 800 feet radial distance; thence
clockwise along said nontangent curve, an arc distance of 171.69 feet; thence
south 23046'36" east a distance of 26.12 feet to the southwesterly corner of
parcel two, Certificate of Survey No. C-38-A, said point being on the northerly
right-of-way limit of Ellis Street; thence south a distance of 60.00 feet to a point
on the southerly right-of-way limit of Ellis Street, said point being south
79032'04" west, 44.91 feet, thence south 88036153" west, 90.80 feet from the I
northwesterly corner of the L. Dale Hunt Estate tract; thence north 88036'53"
east, a distance of 90.80 feet; thence north 79032'04" east a distance of 10.00
feet; thence south 10027'56" east a distance of 1 0.00 feet; thence south 79032104"
west a distance of 10.79 feet; thence south 88036'53" west a distance of 99.16
feet to a point on a nontangent curve with center being south 54030156" east,
25.00 feet radial distance; thence counter clockwise along said nontangent curve,
an arc distance of 14.17 feet; thence south 03000'00" west a distance of 560.49
feet; thence along a 738.50 foot radius curve to the right, an arc distance of
683.13 feet; thence south 56000'00" west a distance of 272.05 feet; thence south
58005103" west a distance of 316.21 feet; thence south 56000'00" west a distance
of 112.35 feet; thence south 44014158" west a distance of 111.76 feet to a point
on a nontangent curve with center being south 45045102" east, 537.26 feet radial
distance; thence counter clockwise along said nontangent curve, an arc distance
of 413.88 feet; thence south 00006'43" west a distance of 104.81 feet; thence
south 02012110" west a distance of 315.21 feet; thence south 00006'4311 west a
distance of 223.97 feet to a point on a nontangent curve with center being south
82050'54" west, 240.94 feet radial distance said point being on the easterly right
of way limit of existing Highland Boulevard; thence counter clockwise along said
nontangent curve and right of way an arc distance of 141.52 feet to a point on a
nontangent curve with center being north 49011'43" east, 150.94 feet radial
distance; thence clockwise along said nontangent curve and right of way an arc
distance of 35.86 feet; thence north 00006143" east a distance of 486.82 feet;
thence along a 625.76 foot radius curve to the right, an arc distance of 42.74
feet; thence north 1400713711 west a distance of 34.24 feet, to a point on a
nontangent curve with center being south 83002'52" east, 637.26 feet radial
distance; thence clockwise along said nontangent curve an arc distance of 31.71
feet to a point on a nontangent curve, with center being south 31050'30" west,
25.50 foot radial distance; thence counter clockwise along said nontangent curve
an arc distance of 8.91 feet; thence north 78010111" west a distance of 17.03
feet; thence north 11049149" east a distance of 42.00 feet; thence south 78010111"
east a distance of 5.00 feet; thence along a 25.50 foot radius curve to the left, I
an arc distance of 24.99 feet, to a point on a nontangent curve with center
being south 75015'53" east, 637.26 feet radial distance; thence clockwise along
said nontangent curve an arc distance of 175.46 feet; thence north 42005'0611 east
a distance of 85.16 feet to a poi nt on a nontangent curve, with center being
south 51049'39" east, 625.76 feet radial distance; thence clockwise along said
nontangent curve an arc distance of 194.71 feet; thence north 56'0010011 east a
distance of 570.35 feet; thence north 35001135" east a distance of 32.13 feet;
thence north 56000'00" east a distance of 23.91 feet to a point on a nontangent
curve with center being south 79034141" west, 25.00 feet radial distance; thence
counter clockwise along said nontangent curve an arc distance of 10.29 feet;
thence north 34000'00" west a distance of 17.00 feet; thence north 56000100" east
COMMISSION RESOLUTION NO. 2636
307
a distance of 48.00 feet; thence south 34000'00" east a distance of 5.00 feet;
thence along a 25.00 foot radius curve to the left, an arc distance of 26.90 feet;
thence north 56000'00" east a distance of 12.92 feet; thence along a 638.50 foot
radius curve to the left, an arc distance of 457.31 feet, to a point on a
nontangent curve, with center being south 39034125" west, 25.00 feet radial
distance; thence counter clockwise along said nontangent curve, an arc distance
of 11.79 feet; thence north 77026109" west a distance of 17.04 feet; thence north
12033151" east a distance of 48.00 feet; thence south 77026109" east a distance of
5.00 feet; thence along a 25.00 foot radius curve to the left, an arc distance of
28.65 feet, to a point on a nontangent curve, with center being north 80054136"
I west, 638.50 feet radial distance; thence counter clockwise along said nontangent
curve, an arc distance of 67.87 feet; thence north 03000100" east a distance of
34.07 feet; thence north 08017155" east a distance of 124.53 feet; thence north
03000'00" east a distance of 395.16 feet; thence along a 25.00 foot radius curve
to the left, an arc distance of 40.52 feet to a point on the southerly
right-of-way limit of Ellis Street; thence north 60.00 feet to a point on a
nontangent curve with center being north 00008'27" east, 25.00 feet radial
distance, said point also being on the northerly right-of-way limit of Ellis
Street; thence counter clockwise along said nontangent curve an arc distance of
41.11 feet, to a point on a nontangent curve with center being south 85056'04"
west, 700.00 feet radial distance; thence counter clockwise along said nontangent
curve an arc distance of 141.21 feet; thence north 03006'07" west a distance of
53.04 feet; thence north 15037'25" west a distance of 323.04 feet; thence along a
961.50 foot radius curve to the left, an arc distance of 183.92 feet; thence north
26035'00" west a distance of 394.10 feet; thence along a 727.00 foot radius curve
to the right, an arc distance of 343.75 feet; thence north 00030'30' east a
distance of 238.18 feet; thence north 89029'30" west a distance of 13.79 feet to
the easterly line of Kilgore's Tract One; thence along said easterly line of
Ki Igore's Tract One, north 00030'30" east a distance of 75.00 feet to the
southeast corner of Lot 5, Block C, Marwyn Addition to the City of Bozeman;
thence North along the easterly line of said Lot 5 a distance of 113.01 feet;
thence northerly across the revised East Curtiss Street right of way to the
southeast corner of Lot 7, Block B of the Amended Plat of the Marwyn Addition
to the City of Bozeman; thence northerly along the east line of Lot 7, Block B
of the Amended Plat of the Marwyn Addition an approximate distance of 102.77
feet to the corner common to Lots 7 and 8, Block B, Marwyn Addition; thence
north along the easterly line of said Lot 8 a distance of 75.00 feet to the corner
common to Lots 8 and 9 of said addition; thence North along the easterly line of
said Lot 9 a distance of 75.00 feet to the corner common to Lots 9 and 10 of said
addition; thence North along the easterly line of said Lot lOa distance of 67.96
feet; thence along a 100 foot radius curve to the right an arc distance of 7.04
I feet to the corner common to Lots 10 and 11 of said addition; thence continuing
along said curve an arc distance of 49.86 feet; thence North 32036100" East a
distance of 33.47 feet to the corner common to Lots 11 and 12 of said addition;
thence north 32036'00" East along the easterly line of said Lot 12 a distance of
89.03 feet to the northwest corner of Lot 12, Block B, of the Marwyn Addition;
thence easterly an approximate distance of 90 feet to the point of beginning.
The front footage abutting the boundary described above is 11,572.90 feet.
That said Commission Resolution No. 2636 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 29th day of September 1986, at 7:00 olclock 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 will
hear and pass upon any and all objections that may be made to the final adoption of said
Commission Resolution No. 2636, and the relevying of said assessment, and that said Resolution
wi II finally be passed and adopted at the said regular session.
All persons interested are referred to Commission Resolution No. 2543, declaring it to be
the intention of the Commission to create Special Improvement District No. 647, and Commission
Resolution No. 2550, creating Special Improvement District No. 647, for the purpose of accom-
plishing the engineering design, construction, inspection and engineering certification of the
asphalt paving, storm drainage, curb and gutter on a portion of Highland Boulevard and an 8-inch
sanitary sewer main and all other necessary appurtenances.
Dated the 21 st day of September 1986.
I ROBIN L. SULLIVAN
Clerk of the City Commission
COMMISSION RESOLUTION NO. 2636
--------