HomeMy WebLinkAboutResolution 2585 Levying and assessing SID 646 for improvements: 9-30-85
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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 City Commission of the City of Bozeman, did on the 25th day of June I
1984 duly and regularly pass Commission Resolution No. 2499, entitled:
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 BACKFI LL,
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 I
MAIN AND APPURTENANCES AND AN EIGHT (8) INCH SANITARY SEWER AND
APPURTENANCES, TO SERVE PARTICULAR LOTS WITH IN THE GORDON MAN-
DEVILLE STATE SCHOOL SECTION SUBDIVISION.
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, said improvements as contemplated in said Commission Resolution Nos. 2499
and 2511 are being constructed and completed in accordance with the terms and conditions of
Commission Resolution Nos. 2499 and 2511, and the preliminary estimate of the costs of said
improvements, based upon the amount of the bond issue, is the sum of One Hundred Seventy
Thousand and no/100 Dollars ($170,000.00).
NOW, THEREFORE, pursuant to the provisions of Section 7-12-4186, Montana Code I
Annotated:
BE IT RESOLVED AND IT IS HEREBY ORDERED BY THE CITY 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. 646, there be, and there is hereby
COMMISSION RESOLUTION NO. 2585
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levied and assessed a tax amount to the sum of One Hundred Seventy Thousand and no/1 00
Dollars ($170,000.00) 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 is set forth in
I 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 of constructing
and making the improvements, based upon the amount of the bond issue, 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 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 delinquent taxes.
I 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
hereby ordered and directed to publish in the Bozeman Daily Chronicle, a 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 on the amount of the bond sale, 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
I session thereof held on the 30th day of September 1985.
KENNETH L. WEAVER, Mayor
ATTEST:
ROBIN L. SULLIVAN
Clerk of the Commission
COMMISSION RESOLUTION NO. 2585
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Finally passed and adopted by the City Commission of the City of Bozeman at a regular
session held thereof on the 15th day of October 1985.
KENNETH L. WEAVER, Mayor
I
ATTEST:
ROBIN L. SULLIVAN
: Clerk of the City Commissi'on
,
NOTICE
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HEARING, FINAL ADOPTION OF COMMISSION RESOLUTION NO. 2585,
LEVYING AND ASSESSING 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
PRELIMINARY COSTS, BASED UPON THE AMOUNT OF THE BOND SALE, 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
Bozeman, held on the 30th day of September 1985, Commission Resolution No. 2585 was provi-
sionally passed and adopted; that said Commission Resolution levies and assesses against
Special Improvement District No. 646, in said City, a preliminary amount, based upon the
amount of the bond sale, to provide for the cost and expense of making improvements within I
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
Mandevi lie 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 fu rther 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 Southwesterly 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 ang Ie 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 portion of the East line of said Lot 16 a
distance of 25.00 feet. Thence North 89042'00" West along the South line 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 I
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. 2585 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
COMMISSION RESOLUTION NO. 2585
175
interested. That Tuesday, the 15th day of October 1985, 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 Com-
mission will hear and pass upon any and all objections that may be made to the final adoption
of said Commission Resolution No. 2585, and the levying of a said assessment and that said
I Resolution will finally be passed and adopted at the said regular session.
AI/ 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 pur-
pose of constructing and installing 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 Mandeville State School Section Subdivision .
Dated the 8th day of October 1985.
ROBIN L. SULLIVAN
Clerk of the City Commission
State of Montana )
County of Gallatin : ss.
City of Bozeman )
I 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 publication 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 : 55.
City of Bozeman )
I, Robin L. Sullivan, Clerk of the Commission of the City of Bozeman, do hereby certify
that the foregoing Resolution No. 2585 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 publication 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
I .
COMMISSION RESOLUTION NO. 2585