HomeMy WebLinkAboutResolution 2580 Relevying and reassessing SID 621 for improvements in Valley Unit: 10-15-85
-....-.- -.----.. _.__.__._.. ..._. n.__..._..__.____.._ .n______
., / Q
COMMISSION RESOLUTION NO. 2580
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. 621 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. 621 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. 2267 entitled:
COMMISSION RESOLUTION NO. 2267
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. 621 FOR THE PURPOSE
OF CONSTRUCTION AND INSTALLATION OF A SANITARY SEWER TRUNK TO
INTERCEPT SEWAGE FROM THE VALLEY UNIT SUBDIVISION TO THE CITY OF
BOZEMAN AND OTHERS AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS:
A SANITARY SEWER LINE TO BE KNOWN AS THE "FAR WEST TRUNK" WITH
PIPE SIZES OF 18 AND 21 INCHES AND APPURTENANCES TO TRANSPORT
WASTEWATER FROM THE VALLEY UNIT SUBDIVISION AND OTHER SERVICE
AREAS IN THE CITY OF BOZEMAN TO THE WEST END INTERCEPTOR. THE
CONSTRUCTION AND INSTALLATION OF THE SEWER TRUNK TO INCLUDE
ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, SEWER
PIPE, MANHOLES, STUB OUTS AND OTHER NECESSARY APPURTENANCES.
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. 2274 entitled:
COMMISSION RESOLUTION NO. 2274
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, I
MONTANA, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS
SPECIAL IMPROVEMENT DISTRICT NO. 621 OF THE CITY OF BOZEMAN FOR
THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A SANITARY
SEWER TRUNK TO INTERCEPT SEWAGE FROM THE VALLEY UNIT SUB-
DIVISION TO THE CITY OF BOZEMAN AND OTHERS AND MORE
SPECIFICALLY DESCRIBED AS FOLLOWS:
A SANITARY SEWER LINE TO BE KNOWN AS THE "FAR WEST TRUNK" WITH
PIPE SIZES OF 18 AND 21 INCHES AND APPURTENANCES TO TRANSPORT
WASTEWATER FROM THE VALLEY UNIT SUBDIVISION AND OTHER SERVICE
AREAS IN THE CITY OF BOZEMAN TO THE WEST END INTERCEPTOR. THE
CONSTRUCTION AND INSTALLATION OF THE SEWER TRUNK TO INCLUDE
ALL TRENCH EXCAVATION AND BACKFI LL, BEDDING MATERIAL, SEWER
PIPE, MANHOLES, STUB OUTS AND OTHER NECESSARY APPURTENANCES.
which Commission Resolution Nos. 2267 and 2274, 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 constructed therein, the final 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. 2410 entitled:
COMMISSION RESOLUTION NO. 2410
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES I
UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 621 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. 621.
WHEREAS, said improvements as contemplated in said Commission Resolution Nos. 2267
and 2274 have been constructed and completed in accordance with the terms and conditions of
Commission Resolution Nos. 2267 and 2274, and the final cost of said improvements, as
COMMISSION RESOLUTION NO. 2580
--------
148
determined by the Order of Settlement, is the sum of Five Hundred Five Thousand Nine
Hundred Ten and no/100 Dollars ($505,910.00).
NOW, THEREFORE, pursuant to court order and the provisions of Section 7-12-4201 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. 621, there be, and there is hereby
relevied and reassessed a tax amounting to the sum of Five Hundred Five Thousand Nine
Hundred Ten and no/100 Dollars ($505,910.00) upon all the property in said Special
Improvement District No. 621, 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," 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 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.
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 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. 621 is on file in the office of the Clerk of the
COMMISSION RESOLUTION NO. 2580
___...on.._n____..
1 r~ ()
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 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 I
Clerk of the City Commission
NOTICE
------
HEARING, FINAL ADOPTION OF COMMISSION RESOLUTION NO. 2580,
RELEVYING AND REASSESSING SPECIAL IMPROVEMENT DISTRICT NO. 621,
CITY OF BOZEMAN, FOR THE PURPOSE OF CONSTRUCTION AND
INSTALLATION OF A SANITARY SEWER TRUNK TO INTERCEPT SEWAGE
FROM THE VALLEY UNIT SUBDIVISION TO THE CITY OF BOZEMAN AND
OTHERS AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS:
A SANITARY SEWER LINE TO BE KNOWN AS THE "FAR WEST TRUNK" WITH
PIPE SIZES OF 18 AND 21 INCHES AND APPURTENANCES TO TRANSPORT
WASTEWATER FROM THE VALLEY UNIT SUBDIVISION AND OTHER SERVICE
AREAS IN THE CITY OF BOZEMAN TO THE WEST END INTERCEPTOR. THE
CONSTRUCTION AND INSTALLATION OF THE SEWER TRUNK TO INCLUDE
ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, SEWER
PIPE, MANHOLES, STUB OUTS AND OTHER NECESSARY APPURTENANCES.
NOT I CE 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. 2580 was provi-
sionally passed and adopted; that said Commission Resolution relevies and reassesses Special
Improvement District No. 621, in said City, to defray the final cost and expense of I
constructing and making the improvements within said district, to wit:
The boundaries of said Special Improvement District No. 621 are described as
follows:
Beginning at the North One-Quarter Corner of Section 101 Township 2 South,
Range 5 East, Principal Meridian Montana; thence East, along the East-West
Section line, a distance of 2564.94 feet; thence South 00009'22" West, a
COMMISSION RESOLUTION NO. 2580
--~
151
distance of 132.83 feet; thence South 35051'37" East, a distance of 102.43 feet,
to the North-South Section line; thence South 01014'35" East, along the
North-South Section Line, a distance of 2456.41 feet, to the East One-Quarter
Corner of said Section 1 0; thence North 89052'31" West, along the East-West
One-Quarter line, a distance of 319.94 feet; thence South 01019'31" West, a
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 One-sixteenth
corner Southeast One-Quarter, said Section 10; thence South 01018'49" West,
I along the North-South Section line, a distance of 1264.94 feet, to the North
right-of-way of U. S. 191; thence South 89012120" West, along said North
right-of- way, a distance of 265.85 feet; thence South 89047'38" West, along
said North right-of-way, a distance of 2448.45 feet; thence North 00028'12"
East, a distance of 5269.17 feet to the East-West Section line; thence East
along the East-West Section line; a distance of 50.01 feet to the true point of
beginning and containing 224.1837 acres which includes Blocks 1-40 all within
the Valley Unit Subdivision to the City of Bozeman. This includes Phase One
of the Valley Unit Subdivision filed with the Gallatin County Clerk and
Recorder and the unplatted master planned area approved by the City of
Bozeman on January 17, 1980.
That said Commission Resolution No. 2580 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. 2580 and the relevying of a said assessment, and that said
Resolution will finally be passed and adopted at the said regular session.
All persons interested are referred to Commission Resolution No. 2267, declaring it to
be the intention of the Commission to create Special Improvement District No. 621, and
I Commission Resolution No. 2274, creating Special Improvement District No. 621, for the pur-
pose of constructing and installing a sanitary sewer trunk to intercept sewage from the Valley
Unit Subdivision to the City of Bozeman and others and more specifically described as follows:
A sanitary sewer line to be known as the "Far West Trunk" with pipe sizes of 18 and 21
inches and appurtenances to transport wastewater from the Valley Unit Subdivision and other
service areas in the City of Bozeman to the West End Interceptor. The construction and
installation of the sewer trunk to Include all trench excavation and backfill, bedding material,
sewer pipe, manholes, stub outs and other necessary appurtenances.
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 at length in the Bozeman Daily Chronicle, a
newspaper of general circulation printed and published in said City, In the issue dated the 8th
I 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 5th day of November 1985.
Clerk of the City Commission
COMMISSION RESOLUTION NO. 2580
----------------