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HomeMy WebLinkAboutResolution 2581 Relevying and reassessing SID 622 for improvements in Valley Unit: 10-15-85 .-..-----.... . -.----- -- 153 COMMISSION RESOLUTION NO. 2581 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. 622 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE FINAL COST OF CONSTRUCTING AND MAKING THE IM- PROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 622 IN ACCORDANCE WITH THE ORDER OF SETTLEMENT FILED IN MONTANA'S I EIGHTEENTH JUDICIAL DISTRICT COURT IN THE CASE OF VALLEY UNIT CORPORA TION 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. 2268 entitled: COMMISSION RESOLUTION NO. 2268 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. 622 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF TRUNK WATER SUPPLY MAINS AND APPURTENANCES TO THE VALLEY UNIT SUBDIVISION AND OTHER SERVICE AREAS IN THE CITY OF BOZEMAN AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: A 12-INCH WATER MAIN EXTENSION AND APPURTENANCES FROM WEST COLLEGE ALONG THE SOUTH RIGHT-OF-WAY OF U.S. 191 TO FOWLER LANE A 10 INCH WATER MAIN EXTENSION ALONG WEST MAIN TO FOWLER AVENUE. THE CONSTRUCTION AND INSTALLATION OF THE TRUNK WATER MAINS IS TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, DUCTILE IRON WATER MAINS, VALVES AND FITTINGS, HIGHWAY JACK AND BORE, AND OTHER NECESSARY APPURTENANCES THERETO. 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. 2275 entitled: COMMISSION RESOLUTION NO. 2275 I 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. 622 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF TRUNK WATER SUPPLY MAINS AND APPURTENANCES TO THE VALLEY UNIT SUBDIVISION AND OTHER SERVICE AREAS IN THE CITY OF BOZEMAN AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: A 12-INCH WATER MAIN EXTENSION AND APPURTENANCES FROM WEST COLLEGE ALONG THE SOUTH RIGHT-OF-WAY OF U.S. 191 TO FOWLER LANE A 10 INCH WATER MAIN EXTENSION ALONG WEST MAIN TO FOWLER AVENUE. THE CONSTRUCTION AND INSTALLATION OF THE TRUNK WATER MAINS IS TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, DUCTILE IRON WATER MAINS, VALVES AND FITTINGS, HIGHWAY JACK AND BORE, AND OTHER NECESSARY APPURTENANCES THERETO. which Commission Resolution Nos. 2268 and 2275, 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. 2411 entitled: COMMISSION RESOLUTION NO. 2411 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, I MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 622 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. 622. WHEREAS, said improvements as contemplated in said Commission Resolution Nos. 2268 and 2275 have been constructed and completed in accordance with the terms and conditions of COMMISSION RESOLUTION NO. 2581 1 "., "" ' . ~ ' I . '.V-; Commission Resolution Nos. 2268 and 2275, and the final cost of said improvements, as determined by the Order of Settlement, is the sum of Two Hundred Ninety-Two Thousand Two Hundred Eighty-Two and no/l00 Dollars ($292,282.00). 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: I 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. 622, there be, and there is hereby levied and assessed a tax amounting to the sum of Two Hundred Ninety-Two Thousand Two Hundred Eighty-Two and no/l00 Dollars ($292,282.00) upon all the property in said Special Improvement District No. 622, 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 list hereto attached, marked Schedule "A, II 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 I 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 "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 sa id 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 fai lu 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 I hereby ordered and directed to publish in the Bozeman Daily Chronicle, a dally 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 COMMISSION RESOLUTION NO. 2581 um_ ...-.. ..--- -. ...-- 155 said Special Improvement District No. 622 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. I 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 ATTEST: I ROBIN L. SULLIVAN Clerk of the City Commission NOTICE ------ HEARING, FINAL ADOPTION OF COMMISSION RESOLUTION NO. 2581, RELEVYING AND REASSESSING SPECIAL IMPROVEMENT DISTRICT NO. 622, CITY OF BOZEMAN, FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF TRUNK WATER SUPPLY MAINS AND APPURTENANCES TO THE VALLEY UNIT SUBDIVISION AND OTHER SERVICE AREAS IN THE CITY OF BOZEMAN AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: A 12-INCH WATER MAIN EXTENSION AND APPURTENANCES FROM WEST COLLEGE ALONG THE SOUTH RIGHT-OF-WAY OF U.S. 191 TO FOWLER LANE, A 10-INCH WATER MAIN EXTENSION ALONG WEST MAIN TO FOWLER AVENUE. THE CONSTRUCTION AND INSTALLATION OF THE TRUNK WATER MAINS IS TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, DUCTI LE IRON WATER MAINS, VALVES AND FITTINGS, HIGHWAY JACK AND BORE, AND OTHER NECESSARY APPURTENANCES THERETO. 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. 2581 was provi- sionally passed and adopted; that said Commission Resolution relevies and reassesses Special I Improvement District No. 622, in said City, to defray the final cost and expense of constructing and making the improvements within said district, to wit: The boundaries of said Special Improvement District No. 622 are described as fol lows: Beginning at the East -k corner of Section 10, Township 2 South, Range 5 East, Principal Meridian Montana; thence North 8905213111 West, along the East-West i line, a distance of 319.94 feet; thence South 01019'31" West, a COMMISSION RESOLUTION NO. 2581 -..---.-.-...-----..- 1 r.~ c:: ';,. ',"_d ." distance of 205.96 feet; thence North 89052'40" East, a distance of 320.39 feet, to the North-South Section Line; thence South 01012'30" West, along the North-South Section Line, a distance of 1115.94 feet to the East 1/16 corner, Southeast L said Section 10; thence South 01018'49" West, along the North-South Section Line, a distance of 1264.94 feet, to the North right-of-way of U.S. 191; thence South 89012'20" West, along said North right-of-way, a distance of 265.85 feet, thence South 89047'38" West, along said right-of-way, a distance of 2448.45 feet; thence North 00028'12" East, a distance of 3064.20 feet; thence East, a distance of 680.02 feet; thence North 00028'12" East, a distance of 2205.00 feet; thence East, a distance of 820.00 I feet; thence South 00028'12" West, a distance of 2205.00 feet; thence East, a distance of 1235.85 feet, to the East line of said Section 10; thence South 01014'35" East, along the North-South Section Line, a distance of 466.89 feet to the true point of beginning and containing 7,270,877.84 S. F. including Block 1, Lots 3-6; Block 2, Lots 18-26; Block 5, Lots 1-13 and 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 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 1, Lots 1 and 2; Block 2, Lots 1-17 and 27-47; Block 3; Block 4; Block 5, Lots 14-31; Block 7, Lots 7-12; Block 8, Lots 1-10 and a 5.2550 acre school site; Block 11, Lots 7-12; Block 12; Block 13, Lots 1-4 and 7-10; Block 14, Lots 4-7, all in the Valley Unit Subdivision to the City of Bozeman, Montana. That said Commission Resolution No. 2581 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. 2581, and the relevying of a said assessment, and that said Resolution will finally be passed and adopted at the said regular session. I All persons interested are referred to Commission Resolution No. 2268, declaring it to be the intention of the Commission to create Special Improvement District No. 622, and Commission Resolution No. 2275, creating Special Improvement District No. 622, for the pur- pose of constructing and installing trunk water supply mains and appurtenances to the Valley Unit Subdivision and other service areas in the City of Bozeman and more specifically described as follows: A 12-inch water main extension and appurtenances from West Collect along the south right-of-way of U. S. 191 to Fowler Lane, a 10-inch water main extension along West Main to Fowler Avenue. 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 I 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. I N WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my office this 5th day of November 1985. Clerk of the City Commission COMMISSION RESOLUTION NO. 2581 -.---.--".-... .-- -----.. ---- .n. ._. .__.____n_____... ...~.........- --