HomeMy WebLinkAboutResolution 2583 Relevying and reassessing SID 624 for improvements in Valley Unit: 10-15-85
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COMMISSION RESOLUTION NO. 2583
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. 624 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. 624 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 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 regularly pass Commission Resolution No. 2270 entitled:
COMMISSION RESOLUTION NO. 2270
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. 624 FOR THE PURPOSE
OF CONSTRUCTION AND INSTALLATION OF WATER MAINS AND NECESSARY
APPURTENANCES THERETO ON YELLOWSTONE, TETON, FLATHEAD, EAST
GRANITE AND PONDERA AVENUES AND PORTIONS OF TOOLE, CASCADE,
BROADWATER, BABCOCK, RAVALLI, AND FALLON STREETS AND DURSTON
ROAD AND 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. 2277 entitled:
COMMISSION RESOLUTION NO. 2277
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. 624 OF THE CITY OF BOZEMAN FOR
THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF WATER MAINS
AND NECESSARY APPURTENANCES THERETO ON YELLOWSTONE, TETON,
I FLATHEAD, EAST GRANITE AND PONDERA AVENUES AND PORTIONS OF
TOOLE, CASCADE, BROADWATER, BABCOCK, RAVALLI, AND FALLON
STREETS AND DURSTON ROAD AND FERGUSON AVENUE IN THE VALLEY
UNIT SUBDIVISION TO THE CITY OF BOZEMAN, MONTANA.
which Commission Resolution Nos. 2270 and 2277, 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 improvements
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. 2413, entitled:
COMMISSION RESOLUTION NO. 2413
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. 624 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. 624.
WHEREAS, said improvements as contemplated in said Commission Resolution Nos. 2270
and 2277 have been constructed and completed in accordance with the terms and conditions of
Commission Resolution Nos. 2270 and 2277, and the cost of said improvements, as determined
I by the Order of Settlement, is the sum of Four Hundred Forty-One Thousand Eight Hundred
Twenty-One and no/1 00 Dollars ($441,821.00).
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:
COMMISSION RESOLUTION NO. 2583
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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
Eighteenth Judicial District Cou rt 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. 624, there be, and there is hereby I
relevled and reassessed a tax amounting to the sum of Four Hundred Forty-One Thousand
Eight Hundred Twenty-One and no/100 Dollars ($441,821.00) upon all the property in said
Special Improvement District No. 624 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 detai I in the assessment list hereto attached, marked Schedu Ie "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 relevled 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 reassessed be collected from the respective owners of said lots and parcels of land de-
scribed In said assessment list, Schedule "A," as required by law; that the payment 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 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 I
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 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
taxes to defray the final cost and expense of constructing and making the improvements in the
said Special Improvement District No. 624 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 I
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.
COMMISSION RESOLUTION NO. 2583
165
Provisionally passed and adopted by the Commission of the City of Bozeman at a regular
session thereof he Id on the 30th day of September 1985.
KENNETH L. WEAVER, Mayor
ATTEST:
I 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
NOTICE
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I HEARING, FINAL ADOPTION OF COMMISSION RESOLUTION NO. 2583, RE-
LEVYING AND REASSESSING SPECIAL IMPROVEMENT DISTRICT NO. 624,
CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTION AND INSTALLA-
TION OF WATER MAINS AND NECESSARY APPURTENANCES THERETO ON
YELLOWSTONE, TETON, FLATHEAD, EAST GRANITE AND PONDERA AVENUES
AND PORTIONS OF TOOLE, CASCADE, BROADWATER, BABCOCK, RAVALLI
AND FALLON STREETS AND DURSTON ROAD AND 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. 2583 was provi-
sionally passed and adopted; that said Commission Resolution relevies and reassesses against
Special Improvement District No. 624, 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. 624 are described as
follows:
Beginning at the North One-Quarter corner of Section 10, Township 2 South,
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 00028'1211 West, a distance of 2205.00 feet; thence West, a
distance of 630.00 feet; thence South 00028'12" West, a distance of 505.92 feet;
thence South 89052'3111 East, a distance of 70.01 feet; thence South 00028'12"
West, a distance of 176.00 feet; thence South 89052'31" East, a distance of
290.00 feet; thence North 00028'12" East, a distance of 176.00 feet; thence
South 89052'31" East, a distance of 185.00 feet; thence South 00028'12" West a
distance of 1755.00 feet; thence North 89052'31" West, a distance of 435.00
I feet; thence South 00028'1211 West, a distance of 125.00 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 1670.08
feet; thence North 00028112" East, a distance of 608.74 feet; thence North
89052'31" West a distance of 150.00 feet; thence North 00028'1211 East, a
distance of 185.00 feet; thence South 89052'31" East, a distance of 15.00 feet;
thence North 00028'12" East, a distance of 1755.00 feet; thence South 89052'3111
East, a distance of 115.00 feet; thence North 00028'12" East, a distance of
449.41 feet; thence West, a distance of 150.00 feet; thence North 00028'12"
East, a distance of 2265.00 feet; thence West, a distance of 820.00 feet to the
COMMISSION RESOLUTION NO. 2583
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true point of beginning and containing Block 1, Lots 3, 4, 5 and 6; Block 2,
Lots 18 - 26; Block 5, Lots 1 - 13 and Lots 32 - 42; Block 6; Block 7, Lots 1
- 6; Block 8, Lots 11 - 17; Block 9; Block 10; Block 11, Lots 1 - 6; Block 13,
Lots 5 and 6; Block 14, Lots 1 - 3, and Lots 8 - 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 - 16; Block 14, Lots 4 - 7,
and the northernmost portion of Block 12, the southern boundary of which
extends parallel to and south of the southern right-of-way of Babcock Street, I
a distance of 176 feet, all in the Valley Unit Subdivision to the City of
Bozeman.
That said Commission Resolution No. 2583 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 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. 2583, and the relevying of a said reassessment, and that said
Resolution wi II finally be passed and adopted at the said regular session.
All persons interested are referred to Commission Resolution No. 2270, declaring it to
be the intention of the Commission to create Special Improvement District No. 624, and
Commission Resolution No. 2277, creating Special Improvement District No. 624, for the pur-
pose of construction and installation of water mains and necessary appurtenances thereto on
Yellowstone, Teton, Flathead, East Granite and Pondera Avenues and portions of Toole,
Cascade, Broadwater, Babcock, Ravalli, and Fallon Streets and Durston Road and Ferguson
Avenue in the Valley Unit Subdivision to the City of Bozeman, Montana. I
Dated the 8th day of October 1985.
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.
I N 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 City Commission of the City of Bozeman, do hereby I
certify that the foregoing Commission Resolution No. 2583 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 publ ication is on
file in my office.
I N 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
COMMISSION RESOLUTION NO. 2583