HomeMy WebLinkAboutResolution 2582 Relevying and reassessing SID 623 for improvements in Valley Unit: 9-30-85
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COMMISSION RESOLUTION NO. 2582
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. 623 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. 623 IN
ACCORDANCE WITH THE ORDER OF SETTLEMENT FILED IN MONTANA'S
EIGHTEENTH JUDICIAL DISTRICT COURT IN THE CASE OF VALLEY UNIT I
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. 2269 entitled:
COMMISSION RESOLUTION NO. 2269
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. 623 FOR THE PURPOSE
OF CONSTRUCTION AND INSTALLATION OF SANITARY SEWER AND
APPURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE
SPECIFICALLY DESCRIBED AS FOLLOWS:
AN EIGHT (8) INCH SANITARY SEWER AND APPURTENANCES ON EAST
GRANITE, PONDERA, WEST GRANITE, GOLDEN VALLEY, TETON AND
FLATHEAD AVENUES AND PORTIONS OF FALLON, RAVALLI, WEST
BABCOCK, BROADWATER, CASCADE STREETS, TOOLE STREET, AND A
PORTION OF DURSTON ROAD AND A TWELVE (12) INCH AND FOURTEEN (14)
INCH SANITARY SEWER ON YELLOWSTONE AVENUE ALL IN THE VALLEY
UNIT SUBDIVISION TO THE CITY OF BOZEMAN.
THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER TO
INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL,
SAN ITARY SEWER LINES, MANHOLES, SERVICE LINE STUBS, AND OTHER
NECESSARY APPURTENANCES.
and thereafter, after due and lega I proceedings, the Commission of the City of Bozeman did on
the 10th day of December 1980 du Iy pass Commission Resolution No. 2276 entitled: I
COMMISSION RESOLUTION NO. 2276
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. 623 OF THE CITY OF BOZEMAN FOR
THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF SANITARY SEWER
AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE
SPECIFICALLY DESCRIBED AS FOLLOWS:
AN EIGHT (8) INCH SANITARY SEWER AND APPURTENANCES ON EAST
GRANITE, PONDERA, WEST GRANITE, GOLDEN VALLEY, TETON AND
FLATHEAD AVENUES AND PORTIONS OF FALLON, RAVALLI, WEST
BABCOCK, BROADWATER, CASCADE STREETS, TOOLE STREET, AND A
PORTION OF DURSTON ROAD AND A TWELVE (12) INCH AND FOURTEEN (14)
INCH SANITARY SEWER ON YELLOWSTONE AVENUE ALL IN THE VALLEY
UNIT SUBDIVISION TO THE CITY OF BOZEMAN.
THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER TO
INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL,
SANITARY SEWER LINES, MANHOLES, SERVICE LINES STUBS, AND OTHER
NECESSARY APPURTENANCES.
which Commission Resolution Nos. 2269 and 2276, 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 I
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. 2412. entitled:
COMMISSION RESOLUTION NO. 2412
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. 623 IN
COMMISSION RESOLUTION NO. 2582
',:,. 159
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. 623.
WHEREAS, said improvements as contemplated in said Commission Resolution Nos. 2269
and 2276 have been constructed and completed In accordance with the terms and conditions of
Commission Resolution Nos. 2269 and 2276, and the cost of said Improvements, as determined
I by the Order of Settlement, is the sum of Four Hundred Sixty-One Thousand Two Hundred
Forty-Two and no/100 Dollars ($461,242.00).
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:
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 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. 623, there be, and there is hereby
relevied and reassessed a tax amounting to the sum of Four Hundred Sixty-One Thousand Two
Hundred Forty-Two and no/100 Dollars ($461,242.00) upon all the property in said Special
Improvement District No. 623 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
I 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," 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
reassessed 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 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 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 daily newspaper
COMMISSION RESOLUTION NO. 2582
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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. 623 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 I
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:
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 I
ATTEST:
ROBIN L. SULLIVAN
Clerk of the City Commission
NOTICE
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HEARING, FINAL ADOPTION OF COMMISSION RESOLUTION NO. 2582,
LEVYING AND ASSESSING SPECIAL IMPROVEMENT DISTRICT NO. 623, CITY
OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF
SANITARY SEWER AND APPURTENANCES TO SERVE THE ADJOINING
PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS:
AN EIGHT (8) INCH SANITARY SEWER AND APPURTENANCES ON EAST
GRANITE, PONDERA, WEST GRANITE, GOLDEN VALLEY, TETON AND
FLA TH EAD A VENUES AND PORT IONS OF FALLON, RAVALLI, WEST BAB-
COCK, BROADWATER, CASCADE STREETS, TOOLE STREET, AND A PORTION
OF DURSTON ROAD AND A TWELVE (12) INCH AND FOURTEEN (14) INCH
SANITARY SEWER ON YELLOWSTONE AVENUE, ALL IN THE VALLEY UNIT
SUBDIVISION TO THE CITY OF BOZEMAN.
THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER TO I
INCLUDE ALL TRENCH EXCAVATION AND BACKFI LL, BEDDING MATERIAL,
SANITARY SEWER LINES, MANHOLES, SERVICE LINE STUBS, AND 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. 2582
COMMISSION RESOLUTION NO. 2582
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161
was provisionally passed and adopted; that said Commission Resolution relevies and reassesses
against Special Improvement District No. 623, 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. 623 are described as
follows:
I 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 00028'12" West, a distance of 2265.00 feet; thence West, a
distance of 85.00 feet; thence South 00028'12" West 180.00 feet; thence West, a
distance of 495.00 feet; thence South 00028'12" West, a distance of 2823.84
feet; thence North 89047'38" East, a distance of 1570.06 feet; thence North
00028'12" East, a distance of 608.74 feet; thence North 89052'31" West, a
distance of 150.00 feet; thence North 00028'12" 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 89052'31" 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 true point of
beginning.
The total area within this district is 4,815,768.05 square feet, including Block
1, Lots 3 - 6; Block 2, Lots 18 - 26; Block 5, Lots 1 - 42; Block 6; Block 7,
Lots 1 - 12; Block 8, Lots 11 - 17; Block 9; Block 10; Block 11; Block 12;
Block 13, Lots 5 and 6; Block 14, Lots 1 - 5 and 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. This includes the unplatted master planned area approved by the City of
Bozeman on January 17,1980, and containing Block 5, Lots 14 - 31; Block 7,
Lots 7 - 12; Block 11, Lots 7 - 12; Block 12; Block 14, Lots 4 and 5; all in
the Valley Unit Subdivision to the City of Bozeman.
That said Commission Resolution No. 2582 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-
I te rested. 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 Bui/ding 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. 2582, and the relevying of a said 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. 2269, declaring it to
be the intention of the Commission to create Special Improvement District No. 623, and
Commission Resolution No. 2276, creating Special Improvement District No. 623, for the pur-
pose of construction and installation of sanitary sewer and appurtenances to serve the
adjoining properties and more specifically described as follows: an eight (8) inch sanitary
sewer and appurtenances on East Granite, Pondera, West Granite, Golden Valley, Teton and
Flathead Avenues and portions of Fallon, Ravalli, West Babcock, Broadwater, Cascade Streets,
Toole Street, and a portion of Durston Road and a twelve (12) inch and fourteen (14) inch
sanitary sewer on Yellowstone Avenue all in the Valley Unit Subdivision to the City of
Bozeman.
I Dated the 8th day of October 1985.
ROBIN L. SULLIVAN
Clerk of the City Commission
COMMISSION RESOLUTION NO. 2582