HomeMy WebLinkAboutResolution 2586 Levying and assessing SID 647 for improvements: 9-30-85
1 .'.'"'
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 City Commission of the City of Bozeman, did on the 19th day of February I
1985, duly and regularly pass Commission Resolution No. 2543 entitled:
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 1st 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 I
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, said improvements as contemplated in said Commission Resolution Nos. 2543
and 2550 are being constructed and completed in accordance with the terms and conditions of
Commission Resolution Nos. 2543 and 2550, and the preliminary estimate of the costs of said
improvements, based upon the amount of the bond issue, is the sum of Nine Hundred Thousand
Dolla rs ($900,000.00).
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 amendments
thereto:
BE IT RESOLVED AND IT IS HEREBY ORDERED BY THE COMMISSION OF THE
CITY OF BOZEMAN, STATE OF MONTANA
Sect ion 1. That to defray the preliminary cost and expense of constructing and making
the improvements in said Special Improvement District No. 647, there be, and there Is hereby I
levied and assessed a tax amounting to the sum of Nine Hundred Thousand Dollars ($900,000.00)
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 shall be delinquent is set forth in detail in the assessment
COMMISSION RESOLUTION NO. 2586
...-.-....-...-.-- --.. .. -" .
177
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 constructing and making the improvements within said District; that the several sums so
I 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 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.
Sect ion 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 15th day of October 1985, 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.
Sect ion 3. That the Clerk of the Commission of the City of Bozeman be, and she is
I 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. 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 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 30th day of September 1985.
KENNETH L. WEAVER, Mayor
ATTEST:
I ROBIN L. SULLIVAN
Clerk of the City Commission
COMMISSION RESOLUTION NO. 2586
1-" (1
'. ,.
Finally passed and adopted by the Commission of the City of Bozeman at a regular
session thereof held on the 15th day of October 1985.
KENNETH L. WEAVER, Mayor
ATTEST:
ROBIN L. SULLIVAN I
Clerk of the City Commission
NOTICE
HEARING, FINAL ADOPTION OF COMMISSION RESOLUTION NO. 2586,
LEVYING AND ASSESSING SPECIAL IMPROVEMENT DISTRICT NO. 647, CITY
OF BOZEMAN 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.
NOTICE IS HEREBY GIVEN, that at a regular session of the Commission of the City of
Bozeman, held on the 30th day of September 1985, Commission Resolution No. 2586 was provi-
sionally passed and adopted; that said Commission Resolution levies and assesses against
Special Improvement District No. 647, 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: I
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 32036'00" a distance of 14.21
feet; thence South 00030'00" 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 00030'30" 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 73055'54" east a distance of 1.04 feet; thence South
00030'30" 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 26035'00" 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 15037'25" east a distance of 123.04
feet; thence south 18014'20" east a distance of 252.04 feet to a point on a
nontangent curve with center being south 74022'35" west, 800 feet radial
distance; thence clockwise along said non tangent 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
88036'53" west, 90.80 feet from the 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 10.00 feet; thence south 79032'04" west a distance of 10.79 feet;
thence south 88036'53" west a distance of 99.16 feet to a point on a nontangent I
curve with center being south 54030'56" 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 58005'03" west a
distance of 316.21 feet; thence south 56000'00" west a distance of 112.35 feet;
thence south 44014'58" west a distance of 111.76 feet to a point on a
nontangent curve with center being south 45045'02" 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;
COMMISSION RESOLUTION NO. 2586
170
. v
thence south 02012'10" west a distance of 315.21 feet; thence south 00006'43"
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 non tangent 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 00006'43" east a
distance of 486.82 feet; thence along a 625.76 foot radius curve to the right,
I an arc distance of 42.74 feet; thence north 14007'37" 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 78010'11"
west a distance of 17.03 feet; thence north 11049'49" east a distance of 42.00
feet; thence south 78010'11" east a distance of 5.00 feet; thence along a 25.50
foot radius curve to the left, 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 42005'06" east a distance of 85.16 feet to a point 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 56'00'00" east a distance of 570.35 feet; thence north
35001'35" 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
79034'41" 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 56000'00" east 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 non tangent curve, with
center being south 39034'25" west, 25.00 feet radial distance; thence counter
clockwise along said nontangent curve, an arc distance of 11.79 feet; thence
north 77026'09" west a distance of 17.04 feet; thence north 12033'51" east a
distance of 48.00 feet; thence south 77026'09" 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 non tangent curve, with center being north 80054'36"
west, 638.50 feet radial distance; thence counter clockwise along said non-
I tangent curve, an arc distance of 67.87 feet; thence north 03000'00" east a
distance of 34.07 feet; thence north 08017'55" 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 non tangent 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 Kilgore's Tract One, north 00030'30" east a distance of
75.00 feet to the southeast corner of Lot 5, Block C, Ma rwyn 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 sa id addition; thence North a long the
easterly line of said Lot 10 a distance of 67.96 feet; thence along a 100 foot
radius curve to the right an arc distance of 7.04 feet to the corner common to
Lots 10 and 11 of said addition; thence continuing along said curve an arc
I distance of 49.86 feet; thence North 32036'00" 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.
COMMISSION RESOLUTION NO. 2586
.......------
.------ ........--- ---...-.-.
1 Q ,..,
That said Commission Resolution No. 2586 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 in-
terested. That Tuesday, the 15th day of October 1985, at 7: 00 o'clock p. m. of sa id 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 I
Commission Resolution No. 2586, 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. 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 pur-
pose 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.
Dated the 8th day of October 1985.
ROBIN L. SULLIVAN
Clerk of the City Commission
State of Montana ) I
County of Gallatin : ss.
City of Bozeman )
I, Robin L. Sullivan, Clerk of the Commission of the City of Bozeman, do hereby
certify that the foregoing Notice was published at length in the Bozeman Daily Chronicle, a
newspaper of general circulation printed and published in said City, in the issue dated the 8th
day of October 1985, and due proof of such publ ication Is on file in my office.
IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my office
this 6th day of November 1985.
Clerk of the City Commission
State of Montana )
County of Gallatin : ss.
City of Bozeman )
I, Robin L. Sullivan, Clerk of the Commission of the City of Bozeman, do hereby
certify that the foregoing Commission Resolution No. 2586 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 20th day of October 1985, and due proof of such pub I ication is on
file in my office.
IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my office I
this 6th day of November 1985.
Clerk of the City Commission
COMMISSION RESOLUTION NO. 2586