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HomeMy WebLinkAboutResolution 2579 Relevying and reassessing SID 615 for improvements: 10-15-85 1 Lt 3 COMMISSION RESOLUTION NO. 2579 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELEVYING AND REASSESSING SPECIAL ASSESSMENT TAXES UPON ALL PROPERTY IN SPECIAL IMPROVMENT DISTRICT NO. 615 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. 615. I WHEREAS, the City Commission of the City of Bozeman, did on the 21 st day of January 1981 duly and regularly pass Commission Resolution No. 2299 entitled: COMMISSION RESOLUTION NO. 2299 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. 615 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A SANITARY SEWER TRUNK AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN EIGHT (8) AND (12) INCH SANITARY TRUNK AND THE NECESSARY APPURTENANCES ON HIGHWAY 10 ALONG THE BURRUP ANNEXATION, ALL IN THE CITY OF BOZEMAN, MONTANA. THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER TRUNK SHALL INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, INSTALLATION OF SEWER TRUNK, NECESSARY WYES, SERVICE LINE STUBS, MANHOLES, AND OTHER NECESSARY APPURTENANCES THERETO. and thereafter, after due and legal proceedings, the Commission of the City of Bozeman did on the 18th day of February 1981 duly pass Commission Resolution No. 2302 entitled: COMMISSION RESOLUTION NO. 2302 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. 615 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A SANITARY SEWER TRUNK AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN EIGHT (8) AND (12) INCH SANITARY TRUNK AND THE NECESSARY APPURTENANCES ON HIGHWAY 10 ALONG THE BURRUP ANNEXATION, ALL IN THE CITY OF BOZEMAN, MONTANA. THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER TRUNK SHALL INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, INSTALLATION OF SEWER TRUNK, NECESSARY WYES, SERVICE LINE STUBS, MANHOLES, AND OTHER NECESSARY APPURTENANCES THERETO. which Commission Resolution Nos. 2299 and 2302, 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 preliminary cost of said improvements, based upon the amount of the bond issue, and the method of assessing the cost against the property within said district; and WHEREAS, said improvements have been constructed and completed in accordance with the terms and conditions of Commission Resolutions Nos. 2299 and 2302; and WHEREAS, the City Commission of the City of Bozeman did on the 27th day of September 1982, duly and regularly pass Commission Resolution No. 2426, entitled: I COMMISSION RESOLUTION NO. 2426 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. 615 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF INCIDENTAL EXPENSES INCURRED WITH THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 615. which Resolution levied and assessed a tax amounting to $25,180.53 upon all the property in said Special Improvement District No. 615; and COMMISSION RESOLUTION NO. 2579 ---..--.--- .. -.--... .----...- _......_--_.._- l' 'I I WHEREAS, the City Commission of the City of Bozeman, did on the 1 st day of October 1984, duly and regularly pass Commission Resolution No. 2527, entitled: COMMISSION RESOLUTION NO. 2527 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELEVYING AND REASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 615 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF I MONTANA, TO DEFRAY THE PRELIMINARY COST, BASED UPON THE AMOUNT OF THE BOND ISSUE. OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 615. WHEREAS, it is now necessary to relevy and reassess the District to adjust the amount assessed from the bond amount to reflect only the actual costs paid to complete construction of said improvements as described in Commission Resolution Nos. 2299 and 2302, to be paid over the remaining life of the assessment as originally stated in Commission Resolution No. 2302; NOW, THEREFORE, pursuant to the provisions of Section 7-12-4186, Montana Code Annotated: BE IT RESOLVED AND IT IS HEREBY ORDERED BY THE COMMISSION OF THE CITY OF BOZEMAN, STATE OF MONTANA Sect ion 1. That to defray the cost and expense of constructing and making the improvements in said Special Improvement District No. 615, there be, and there is hereby relevied and reassessed a tax amounting to the sum of Two Hundred Seventy-Nine Thousand Seven Hundred Eleven and 10/100 Dollars ($279,711.10) upon all the property in said Special Improvement District No. 615, 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 levied and assessed upon and against said described lots and parcels of land to defray the 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 "A," as required by law; that the payment of said sums shall be made over the remaining life of the assessment as originally provided for in Commission Resolution No. 2426; that the payment of the respective annual installment shall be made on or before the 30th day of November 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 failu 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. I 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. COMMISSION RESOLUTION NO. 2579 145 Section 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 cost and expense of constructing and making the improvements in the said I Special Improvement District No. 615 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. 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 I 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 ------ HEARING, FINAL ADOPTION OF COMMISSION RESOLUTION NO. 2579, RELEVYING AND REASSESSING SPECIAL IMPROVEMENT DISTRICT NO. 615, I CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTION AND IN- STALLATION OF A SANITARY SEWER TRUNK AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN EIGHT (8) AND (12) INCH SANITARY TRUNK AND THE NECESSARY APPURTENANCES ON HIGHWAY 10 ALONG THE BURRUP ANNEXA- TION, ALL IN 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. 2579 was provi- COMMISSION RESOLUTION NO. 2579 ------..----...---- ------- ...----.-..------ -...-- "' ' ,-, sionally passed and adopted; that said Commission Resolution relevies and reassesses against Special Improvement District No. 615, in said City, to provide for the cost and expense of making improvements within said District, to wit: The boundaries of said Special Improvement District No. 615 are described as follows: The tract of land lying in the SEi of Section 8, the SWi and SEi of Section 9, I and the NWi and NEi of Section 16, Township 2 South, Range 6 East, M.P.M., Gallatin County, Montana, and described as follows: Beginning at a point where the northerly right-of-way line of 1-90 Median Centerline intersects the East line of the SWi, SEi of said Section 8, which point bears South 89054'41" West a distance of 1325.42 feet and north 0000'40" West a distance of 714.43 feet, more or less, from the Southeast corner of said Section 8; thence along a spiral curve to the right, having a deflection of 0022134", a distance of 38.26 feet, to a point 130 feet Northeasterly when measured radially from the Median Centerline curve to spiral Station 190 + 12.4, thence Northwesterly along a curve to the right of 2162 feet radius, 130 feet Northeasterly on and parallel to said Median Centerline a distance of 370.14 feet to a point 130 feet Northeasterly when measured radially from said Median centerline Station 186 + 20; thence North 41012'43" West, a distance of 116.3 feet to a point 160 feet Northeasterly when measured radially from said Median Centerline Station 185 + 00, thence 160 feet distant Northeasterly and parallel to said Median Centerline curve to the right radius 2132 feet, a distance of 599.6 feet to a point of intersection with a line which is parallel to and 120 feet distance southerly of the centerline of liE" line Station 44 + 40.2, thence North 87053'30" East, parallel to said "E" line, a distance of 167.6 feet thence easterly along a curve to the right of 1026.0 feet radius, parallel to said "E" line, a distance of 432.87 feet; thence South 670561 East, parallel to said liE" line a distance of 304.0 feet to the East line of the SWL SEi of said Section 8; thence North 0012' East along the West line of the Certificate of Survey recorded on Film 7, Page 1072, of the Clerk and Recorder's Office, Gallatin County, a distance of 49.34 feet to a point on the Southwesterly right-of-way of U.S. Highway No. 10, which point Is 80.0 feet right when measured at right angles to highway centerline Station 51 + 58.0; thence along said right-of-way in an a rc to the left of radius 8595.0 feet a distance of 846.70 feet, whose chord bears South 70026'23" East a distance of 846.32 feet; thence along the North line of Certificate of Survey No. 475 along a 8595.0 foot radius curve to the I left, whose tangent bearing at the P.C. is South 74058'16" East, through a deflection of 00051116" left a distance of 128.17 feet; thence South 74007' East a distance of 1018.50 feet to the Northeast corner of Certificate of Survey No. 475; thence continuing along said U.S. 10 right-of-way South 74007' East a distance of 764 feet to the Northeast corner of Certificate of Survey No. 558; thence South 730 55149" East, along said right-of-way a distance of 2281.45 feet; thence South 00004125" West a distance of 668.51 feet; thence North 73049'07" West a distance of 940.73 feet; thence South 00016'17" East, a distance of 88.86 feet to the Northerly right-of-way of 1-90; thence along said right-of-way through the following courses: North 70044'18" West, a distance of 160.31 feet, North 56015134" West, a distance of 41.31 feet, North 70040'39" West a distance of 152.29 feet, to the Southwest corner of Tract C, Certificate of Survey No. 558; thence North 00013'14" West a distance of 524.71 feet; thence South 89052152" West a distance of 1538.01 feet; thence North 70032'45" West a distance of 175 feet to the Southeast corner of Certificate of Survey No. 475; thence North 70034' West a distance of 1165.53 feet to the Southern corner common to Certificate of Survey No. 475 and No. 246; thence North 70034' West a distance of 631.90 feet; thence on and along a spiral curve to the right, 130.00 feet Northeasterly of the centerline spiral, having a deflection of 1012145" per 100 feet, a distance of 214.86 feet to the point of beginning, and containing 70.02 acres, more or less. That said Commission Resolution No. 2579 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 I will hear and pass upon any and all objections that may be made to the final adoption of said Commission Resolution No. 2579, 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. 2299, declaring it to be the intention of the Commission to create Special Improvement District No. 615, and COMMISSION RESOLUTION NO. 2579 --.- "....-.--.-.,,-... --- .---. -------- --------------- 147 Commission Resolution No. 2302, creating Special Improvement District No. 615, for the pur- pose of constructing and installing a sanitary sewer trunk and appurtenances on Highway 10 along the Burrup Annexation, all in the City of Bozeman, Montana. Dated the 8th day of October 1985. I 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 Commission of the City of Bozeman, do hereby certify that the foregoing Notice was published at length in the Bozeman Dally 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 5th day of November 1985. Clerk of the City Commission I State of Montana ) County of Gallatin : ss. City of Bozeman ) I. Robin L. Sullivan, Clerk of the Commission of the City of Bozeman, do hereby certify that the foregoing Resolution No. 2579 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 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 5th day of November 1985. Clerk of the City Commission I COMMISSION RESOLUTION NO. 2579 ___ __ ____ _____________.u_____ _____________________________________..______ -- -------------