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HomeMy WebLinkAboutResolution 2634 Relevying and reassessing SID 645 for improvements: 9-29-86 ...--..-. ?qG .... '..1 COMMISSION RESOLUTION NO. 2634 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. 645 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. 645. WHEREAS, the City Commission of the City of Bozeman, did on the 19th day of December I 1983 duly and regularly pass Commission Resolution No. 2491 entitled: COMMISSION RESOLUTION NO. 2491 A RESOLUTION OF THE CITY COMMISSION OF THE CITY 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 DISTRICT NO. 645 FOR THE PURPOSE OF CON- STRUCTION AND INSTALLATION OF A SANITARY SEWER AND APPURTE- NANCES TO SERVE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN EIGHT (8) INCH SANITARY SEWER, MANHOLES, AND SERVICE STUBS TO THE PROPERTY LINE, AND NECESSARY APPURTE- NANCES, FROM A POINT APPROXIMATELY 125 FEET WEST OF SOURDOUGH CREEK TO THE INTERSECTION OF KAGY BOULEVARD AND SOURDOUGH ROAD, TO SERVE PROPERTY LOCATED WITHIN GRAF'S SECOND SUBDIVISION AND OTHER PROPERTY EAST OF SOURDOUGH ROAD. THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, SANITARY SEWER LINES, MANHOLES, SERVICE LINE STUBS, AND OTHER NECESSARY APPURTENANCES. and thereafter, after due and legal proceedings, the Commission of the City of Bozeman did on the 6th day of February 1984 duly pass Commission Resolution No. 2493 entitled: COMMISSION RESOLUTION NO. 2493 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. 645 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A SANITARY SEWER I AND APPURTENANCES TO SERVE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN EIGHT (8) INCH SANITARY SEWER, MANHOLES, AND SERVICE STUBS TO THE PROPERTY LINE, AND NECESSARY APPURTENANCES, FROM A POINT APPROXIMATELY 125 FEET WEST OF SOURDOUGH CREEK TO THE INTERSECTION OF KAGY BOULEVARD AND SOURDOUGH ROAD, TO SERVE PROPERTY LOCATED WITHIN GRAF'S SECOND SUBDIVISION AND OTHER PROPERTY EAST OF SOURDOUGH ROAD. THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, SANITARY SEWER LINES, MANHOLES, SERVICE LINE STUBS, AND OTHER NECESSARY APPURTENANCES. which Commission Resolution Nos. 2491 and 2493, 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 1st day of October 1984, duly and regularly pass Commission Resolution No. 2529, entitled: COMMISSION RESOLUTION NO. 2529 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. 645 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE PRELIMINARY COST, BASED ON THE AMOUNT OF THE BOND ISSUE, OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL I IMPROVEMENT DISTRICT NO. 645. WHEREAS, said improvements as contemplated in said Commission Resolution Nos. 2491 and 2493 have been constructed and completed in accordance with the terms and conditions of ~' Commission Resolution Nos. 2491 and 2493, and the costs of said improvements so constructed is the sum of Thirty-Six Thousand One Hundred Eighty-Four Dollars and Eighty-Six Cents ($36,184.86). COMMISSION RESOLUTION NO. 2634 ---.-'--'-..' ,,_.---_.- ~".._-_._----------_._- ....-.--.-.---------- 297 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 improve- ments in said Special Improvement District No. 645, there be, and there is hereby relevied and reassessed a tax amounting to the sum of Thirty-Six Thousand One Hundred Eighty-Four Dollars and Eighty-Six Cents ($36,184.86) upon all the property in said Special Improvement District I No. 645, 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 is set forth in detail in the assessment list hereto attached, marked Schedule "A,II 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 collected from the respective owners of said lots and parcels of land described in said assess- ment list, Schedule IIA," as required by law; that the payment of said sums shall be made in 20 installments and the payment of said installment shall extend over a period of 19 years; 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 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 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 objec- tions to the final adoption of this Resolution will be heard by said Commission. I 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. 645 is on file in the office of the Clerk of the Commission sub- ject 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: Clerk of the City Commission I 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: Clerk of the City Commission COMMISSION RESOLUTION NO. 2634 - - __ __ ______u _______ 2~2 NOTICE ------ HEARING, FINAL ADOPTION OF COMMISSION RESOLUTION NO. 2634, RELEVYING AND REASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 645, 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. 645. 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. 2634 was provi- sionally passed and adopted; that said Commission Resolution relevies and reassesses against Special Improvement District No. 645, 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. 645 are described as follows: A tract of land in the SEt, Section 18, T2S, R6E, MPM, in Gallatin County, Montana, being a portion of Grafls Second Subdivision to the City of Bozeman, recorded by the Gallatin County Clerk and Recorder on 9 July 1964, and more particularly described as follows: Beginning at the Southeast corner of Lot 22, said Graf's Second Subdivision, thence 260.40 feet, on a bearing of S 640 42' West to the southwest corner Lot 7 on the east right-of-way of Sourdough Road, thence N 260 431 West a distance of 122.2 feet, thence N 290 03' West a distance of 132.9 feet, thence N 290 18' West a distance of 97.8 feet to the south side of the intersection of O'Connell Drive and Sourdough Road, thence in the northwesterly direction across O'Connell Drive sixty (60) feet to the south corner of Lot 10, thence N 320 48' West a distance of 246.0 feet, thence N 650 491 East a distance of 196.2 feet, thence N 280 19' West a distance of 108.1 feet, thence N 640 511 East a distance of 186.90 feet, thence N 520 11' East a distance of 308.80 feet, thence N 350 46' East a distance of 99.9 feet, thence S 370 01' East, a distance of 131.2 feet, thence S 680 191 East a distance of 71.5 feet, thence S 70 351 East a distance of 99.7 feet, thence S 110 52' West a distance of 97.6 feet, thence S 300 51' East a distance of 92.8 feet, thence S 480 57' East a distance of 102.1 feet, thence S 170 27' East a distance of 55.0 feet, thence S 150 0' East a distance of 287.50 feet, thence S I 220 08' East a distance of 79.9 feet, thence S 470 20' East a distance of 87.0 feet, thence S 360 021 West a distance of 149.4 feet, to the southernmost corner of Lot 34, thence in a southeasterly direction to the northeast corner of Lot 18, said Grafls Second Subdivision, thence along the south right-of-way of Lomas Drive a distance of 408.10 feet westerly to the point of beginning and including Lots 7-17, 22-41 of said Grafls Second Subdivision to the City of Bozeman, Montana. That said Commission Resolution No. 2634 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 Commission Resolution No. 2634, 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. 2491, declaring it to be the intention of the Commission to create Special Improvement District No. 645, and Commission Resolution No. 2493, creating Special Improvement District No. 645, for the purpose of con- structing and installing a sanitary sewer from a point approximately 125 feet west of Sourdough Creek to the intersection of Kagy Boulevard and Sourdough Road. Dated the 21 st day of September 1986. ROBIN L. SULLIVAN I Clerk of the City Commission COMMISSION RESOLUTION NO. 2634