HomeMy WebLinkAboutResolution 2584 Relevying and reassessing SID 625 for improvements in Valley Unit: 10-15-85
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COMMISSION RESOLUTION NO. 2584
A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
RELEVYING AND REASSESSING A SPECIAL ASSESSMENT OF TAXES UPON
ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 625 IN THE
CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO
DEFRAY THE FINAL COST OF CONSTRUCTING AND MAKING THE IM-
PROVEMENTS WITH IN SAID SPECIAL IMPROVEMENT DISTRICT NO. 625 IN
ACCORDANCE WITH THE ORDER OF SETTLEMENT FI LED IN MONTANA'S
I EIGHTEENTH JUDICIAL DISTRICT COURT IN THE CASE OF VALLEY UNIT
CORPORATION V. CITY OF BOZEMAN ET AL, CAUSE NO DV-82-968.
WHEREAS, the City Commission of the City of Bozeman, did on the 5th day of November
1980 duly and regu larly pass Commission Resolution No. 2271 entitled:
COMMISSION RESOLUTION NO. 2271
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. 625 FOR THE
PURPOSES OF CONSTRUCTION AND INSTALLATION OF REINFORCED
CONCRETE STORM DRAINAGE PIPE (RCP), STORM DRAIN INLETS,
DETENTION FACILITIES, DRAINAGE DITCH REALIGNMENT AND DIVERSION,
AND OTHER NECESSARY APPURTENANCES THERETO, AND ASPHALTIC
CONCRETE TYPE PAVEMENT ON YELLOWSTONE, TETON, FLATHEAD, EAST
GRANITE AND PONDERA AVENUES AND PORTIONS OF TOOLE, CASCADE,
BROADWATER, BABCOCK, RAVALLI, AND FALLON STREETS AND A PORTION
OF FERGUSON AVENUE IN THE VALLEY UNIT SUBDIVISION TO THE CITY OF
BOZEMAN, MONTANA.
and thereafter, after due and legal proceedings, the Commission of the City of Bozeman did on
the 10th day of December 1980 duly pass Commission Resolution No. 2278 entitled:
COMMISSION RESOLUTION NO. 2278
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS
I SPECIAL IMPROVEMENT DISTRICT NO. 625 OF THE CITY OF BOZEMAN FOR
THE PURPOSES OF CONSTRUCTION AND INSTALLATION OF REINFORCED
CONCRETE STORM DRAINAGE PIPE (RCP), STORM DRAIN INLETS,
DETENTION FACILITIES, DRAINAGE DITCH REALIGNMENT AND DIVERSION,
AND OTHER NECESSARY APPURTENANCES THERETO, AND ASPHALTIC
CONCRETE TYPE PAVEMENT ON YELLOWSTONE, TETON, FLATHEAD, EAST
GRANITE, AND PONDERA AVENUES AND PORTIONS OF TOOLE, CASCADE,
BROADWATER, BABCOCK, RAVALLI, AND FALLON STREETS AND A PORTION
OF FERGUSON AVENUE IN THE VALLEY UNIT SUBDIVISION TO THE CITY OF
BOZEMAN MONTANA.
which Commission Resolution Nos. 2271 and 2278, 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 cost of said improve-
ments, and the method of assessing the cost against the property within said district; and
WHEREAS, the City Commission of the City of Bozeman, Montana, did on the 27th day
of September 1982 duly and regularly pass Commission Resolution No. 2414, entitled:
COMMISSION RESOLUTION NO. 2414
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. 625 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. 625.
I WHEREAS, said improvements as contemplated in said Commission Resolution Nos. 2271
and 2278 have been constructed and completed in accordance with the terms and conditions of
Commission Resolution Nos. 2271 and 2278, and the cost of said improvements, as determined
by the Order of Settlement, is the sum of One Million Six Hundred Seventeen Thousand Seven
Hundred Forty-Five and noll00 Dollars ($1,617,745.00).
COMMISSION RESOLUTION NO. 2584
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NOW, THEREFORE, pursuant to court order and the provisions of Section 7-124201 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, in accordance with the Order of Settlement filed in Montana's I
Eighteenth Judicial District Court in the case of Valley Unit Corporation v. City of Bozeman,
et ai, Cause No. DV-82-968, to defray the final cost and expense of constructing and making
the improvements in said Special Improvement District No. 625, there be, and there is hereby
relevied and reassessed a tax amounting to the sum of One Million Six Hundred Seventeen
Thousand Seven Hundred Forty-Five and no/100 Dollars ($1,617,745.00) upon all the property
in said Special Improvement District No. 625, and that a particular description of each lot and
parcel of land with the name of the owner and the sum reassessed 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 IIA," 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
final 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 assessment list, Schedule IIA, II as required by law; that the payment I
of said sums shall be made in 38 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 unti I
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 fallu re 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
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 I
taxes to defray the final cost and expense of constructing and making the improvements in the
said Special Improvement District No. 625 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
COMMISSION RESOLUTION NO. 2584
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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.
I KENNETH L. WEAVER, 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 15th day of October 1985.
KENNETH L. WEAVER, Mayor
ATTEST:
ROBIN L. SULLIVAN
Clerk of the City Commission
I NOTICE
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HEARING, FINAL ADOPTION OF COMMISSION RESOLUTION NO. 2584, RE-
LEVYING AND REASSESSING SPECIAL IMPROVEMENT DISTRICT NO. 625,
CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTION AND IN-
STALLATION OF REINFORCED CONCRETE STORM DRAINAGE PIPE (RCP),
STORM DRAIN INLETS, DETENTION FACI LlTIES, DRAINAGE DITCH RE-
ALIGNMENT AND DIVERSION, AND OTHER NECESSARY APPURTENANCES
THERETO, AND ASPHALTIC CONCRETE TYPE PAVEMENT ON YELLOWSTONE,
TETON, FLATHEAD, EAST GRANITE AND PONDERA AVENUES AND PORTIONS
OF TOOLE, CASCADE, BROADWATER, BABCOCK, RAVALLI AND FALLON
STREETS AND A PORTION OF FERGUSON AVENUE IN THE VALLEY UNIT
SUBDIVISION TO THE CITY OF BOZEMAN, MONTANA.
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. 2584 was provi-
sionally passed and adopted; that said Commission Resolution relevies and reassesses against
Special Improvement District No. 625, In said City, an amount to defray the final cost and
expense of constructing and making improvements within said District, to wit:
The boundaries of said Special Improvement District No. 625 are described as
follows:
Beginning at the North One-Quarter corner of Section 10, Township 2 South,
I Range 5 East, Principal Meridian Montana; thence East, along the north line of
said Section 10, a distance of 630.01 feet to the true point of beginning;
thence South 00028'12" West, a distance of 2265.00 feet; thence South 25039'42"
West, a distance of 199.69 feet; thence West, a distance of 245.00 feet; thence
South 55000'38" West a distance of 306.92 feet; thence South 00028'12" West, a
distance of 90.02 feet; thence South 41003'01" East, a distance of 233.82 feet;
thence North 41041'20" East, a distance of 235.22 feet; thence South 89052'31"
East, a distance of 60.00 feet; thence South 43034'21" East, a distance of
179.80 feet; thence South 00028'12" West, a distance of 1625.00 feet; thence
North 89052131" West, a distance of 310.00 feet; thence South 45017'51" West, a
COMMISSION RESOLUTION NO. 2584
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distance of 177.31 feet; thence North 89052'31" West, a distance of 160.02 feet;
thence South 00028'12" West, a distance of 678.39 feet; thence North 89047'38"
East, a distance of 1520.07 feet; thence North 00028112" East, a distance of
794.61 feet; thence South 89052'31" East, a distance of 15.00 feet; thence
North 00028112" East, a distance of 1755.00 feet; thence South 89052'31" East,
a distance of 115.00 feet; thence North 00028'12" East, a distance of 269.41
feet; thence North 39031'41" West, a distance of 233.36 feet; thence North
00028'12" East, a distance of 2265.00 feet; thence West, a distance of 820.00
feet to the true point of beginning and containing Block 1, a portion of Lot 3
and lots 4-6; Block 2, lots 18-26; Block 5, lots 1-13 and lots 32-42; Block 6; I
Block7, lots 1-6; Block 8, lots 11-17; Block 9; Block 10; Block 11, lots 1-6;
Block 13, lot 5 and a portion of lot 6; Block 14, lots 1-3, a portion of lot 8
and lots 9 and 10; Block 19, lots 8-14; Block 20; Block 21; Block 22, lots 1-7;
Block 28, lots 17-32; Block 29; Block 30; Block 31, lots 1-8; Block 37; Block
38; and Block 39, lots 1-8; plus the unplatted master planned area approved
by the City of Bozeman on January 17, 1980 and containing Block 5, lots 14,
15 and a portion of lot 16; Block 11, a portion of lot 12; and a portion of
Block 12; Block 14, lots 4 and 5; all in the Valley Unit Subdivision to the City
of Bozeman.
That said Commission Resolution No. 2584 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
Commission Resolution No. 2584, and the relevying of a reassessment, and that said Resolution
will finally be passed and adopted at the said regular session.
All persons interested are referred to Commission Resolution No. 2271, declaring It to
be the intention of the Commission to create Special Improvement District No. 625, and
Commission Resolution No. 2278, creating Special Improvement District No. 625, for the pur- I
pose of construction and installation of reinforced concrete storm drainage pipe (RCP), storm
drain inlets, detention facilities, drainage ditch realignment and diversion, and other necessary
appurtenances thereto, and asphaltic concrete type pavement on Yellowstone, Teton, Flathead,
East Granite and Pondera Avenues and portions of Toole, Cascade, Broadwater, Babcock,
Ravalli and Fallon Streets and a portion of Ferguson Avenue in the Valley Unit Subdivision to
the City of Bozeman, Montana.
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, Robin L. Sullivan, Clerk of the City Commission of the City of Bozeman, do hereby
certify that the foregoing Notice was published in 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 I
this 6th day of November 1985.
Clerk of the City Commission
COMMISSION RESOLUTION NO. 2584
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