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HomeMy WebLinkAboutResolution 2635 Relevying and reassessing SID 646 for improvements: 9-29-86 3r.\: COMMISSION RESOLUTION NO. 2635 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELEVYING AND REASSESSING SPECIAL ASSESSMENT TAXES UPON ALL PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 646 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE FINAL COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 646. WHEREAS, the City Commission of the City of Bozeman, did on the 25th day of June 1984 duly and regularly pass Commission Resolution No. 2499, entitled: I COMMISSION RESOLUTION NO. 2499 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 A SPECIAL IMPROVEMENT DISTRICT NO. 646 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A SANITARY SEWER AND WATER MAIN TO SERVE THE ADJOINING PROPERTIES, MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN 8-INCH WATER MAIN AND APPURTENANCES AND AN 8-INCH SANITARY SEWER AND APPURTENANCES. THE CONSTRUCTION AND INSTAllATION OF THE SANITARY SEWER AND WATER MAIN TO INCLUDE All TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, SANITARY SEWER LINES, DUCTILE IRON WATER MAIN, MANHOLES, VALVES, FITTINGS, HYDRANTS, SERVICE LINE STUBS AND OTHER NECESSARY APPURTENANCES. WHEREAS, the City Commission of the City of Bozeman, did on the 2nd day of July 1984 duly and regularly pass Commission Resolution No. 2511, entitled: COMMISSION RESOLUTION NO. 2511 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. 646 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 WATER MAIN AND APPURTENANCES AND AN EIGHT (8) INCH SANITARY SEWER AND APPURTENANCES, TO SERVE PARTICULAR LOTS WITHIN THE GORDON MAN- DEVILLE STATE SCHOOL SECTION SUBDIVISION. I THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER AND WATER MAIN SHALL INCLUDE ALL TRENCH EXCAVATION AND BACKFilL, BEDDING MATERIAL, SANITARY SEWER LINES, DUCTILE IRON WATER MAIN, MANHOLES, VALVES, FITTINGS, HYDRANTS, SERVICE LINE STUBS AND OTHER NECESSARY APPURTENANCES. which Commission Resolution Nos. 2499 and 2511, 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 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. 2585, entitled: COMMISSION RESOLUTION NO. 2585 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING SPECIAL ASSESSMENT TAXES UPON ALL PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 646 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE FINAL COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 646. WHEREAS, the amount levied in Resolution No. 2585 was an estimate of the cost of con- struction based on the amount of the bond issue; and WHEREAS, said improvements as contemplated in said Commission Resolution Nos. 2499 and 2511 have been constructed and completed in accordance with the terms and conditions of I Commission Resolution Nos. 2499 and 2511, and the final costs of said improvements so con- structed is the sum of One Hundred Fifty-Nine Thousand Five Hundred Ninety-Eight Dollars and Ten Cents ($159,598.10). NOW, THEREFORE, pursuant to the provisions of Section 7-12-4186, Montana Code Annotated: BE IT RESOLVED AND IT IS HEREBY ORDERED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, STATE OF MONTANA: COMMISSION RESOLUTION NO. 2635 . .--.---"..-- ...."....- 301 Section 1. That to defray the cost and expense of constructing and making the improve- ments in said Special Improvement District No. 646, there be, and there is hereby reJevied and reassessed a tax amount to the sum of One Hundred Fifty-Nine Thousand Five Hundred and Ninety- Eight Dollars and Ten Cents ($159,598.10) upon all the property in said Special Improvement District No. 646, 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 shall be delinquent I 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 relevied and reassessed 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 col- lected 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 40 installments and the payment of said installments shall extend over a period of 19 years; that the payment of the respective semi-annual installment 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 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 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 del inquent 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 newspaper printed and published I 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. 646 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 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 regular session thereof held on the 15th day of September 1986. JUDITH A. MATHRE, Mayor ATTEST: ROBIN L. SULLIVAN Clerk of the Commission Finally passed and adopted by the City Commission of the City of Bozeman at a regular I session held thereof on the 29th day of September 1986. JUDITH A. MATHRE, Mayor ATTEST: ROBIN L. SULLIVAN Clerk of the City Commission COMMISSION RESOLUTION NO. 2635 3 I'~ ", 5 ~ , '" .," ~ NOTICE ------ HEARING, FINAL ADOPTION OF COMMISSION RESOLUTION NO. 2635, RE- LEVYING AND REASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 646, CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COSTS OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 646. 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. 2635 was provi- sionally passed and adopted; that said Commission Resolution relevies and reassesses against Special Improvement District No. 646, 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. 646 are described as follows: A tract of land being Lots 14,15,16,17,18,19 and 19A, of the Gordon Mandeville State School Section Subdivision as filed and of record with the Clerk and Recorder, Gallatin County, Montana, and located in the Southeast One- Quarter of Section 36, Township 1 South, Range 5 East, M.P.M., Gallatin County, Montana; being further described as follows: Beginning at the intersection of the South line of said Southeast One-Quarter with the Easterly right-of-way on U. S. Highway 10 (North Seventh Avenue) said point being South 89008'00" West a distance of 1270.76 feet from the Southeast corner of said Section 36, thence North a distance of 43.02 feet to the true point of beginning. Thence North a distance of 2108.51 feet to a point on the South- westerly right-of-way of the Northern Pacific Railroad. Thence South 43019'30" East along said railroad right-of-way a distance of 166.68 feet. Thence continuing on said railroad right-of-way along a 5529.64 foot radius curve to the right, through a central angle of 06000'00", an arc distance of 579.06 feet. Thence continuing along said railroad right-of-way South 37014'30" East a distance of 454.00 feet. Thence North 89042'00" West a distance of 198.88 feet. Thence South 00018'00" West along the East line of said Lots 16 and 17 a distance of 482.28 feet. Thence South 32022'00" West along a portion of the West line of said Lot 16 a distance of 82.30 feet. Thence South 00018'00" East along a I portion of the East line of said Lot 16 a distance of 25.00 feet. Thence North 89042'00" West along the South I ine of said Lot 16 a distance of 247.35 feet. Thence South 00018'00" West along the East line of said Lots 14 and 15 a distance of 609.35 feet to a point on said North line of Griffin Drive. Thence South 89009'00" West along the South line of said Lot 14 a distance of 276.35 feet to the true point of beginning. All as shown on the official plat of said subdivision. Said tract being 19.9410 acres, more or less, along with and subject to all existing easements. That said Commission Resolution No. 2635 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 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 will hear and pass upon any and all objections that may be made to the final adoption of said Com- mission Resolution No. 2635, and the relevying of a said assessment and that said Resolution will finally be passed and adopted at the said regular session. All persons interested are referred to Commission Resolution No. 2499, declaring it to be the intention of the Commission to create Special Improvement District No. 646, and Commission Resolution No. 2511, creating Special Improvement District No. 646, for the purpose of con- structing and installing a sanitary sewer and water main and appurtenances to serve the ad- joining properties and more specifically described as follows: an eight (8) inch water main and appurtenances and an eight (8) inch sanitary sewer and appurtenances, to serve particular lots I within the Gordon Mandeville State School Section Subdivision Dated the 21 st day of September 1986. ROBIN L. SULLIVAN Clerk of the City Commission COMMISSION RESOLUTION NO. 2635