HomeMy WebLinkAboutResolution 2527 Relevying and reassessing SID 615 for preliminary costs: 10-01-84
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COMMISSION RESOLUTION NO. 2527
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
PRElIMI NARY COST, BASED UPON THE AMOUNT OF THE BOND ISSUE, 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 du Iy pass Commission Resolution No. 2302 entitled:
COMMISSION RESOLUTION NO. 2302
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. 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 substantially 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 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. 2527
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WHEREAS, it is now necessary to relevy and reassess the District for preliminary
costs, based upon the amount of the bond issue, paid to construct said improvements as
described in Commission Resolution Nos. 2299 and 2302, which costs were not included in the
original assessment, 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 I
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 preliminary 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 Three Hundred Thousand
Dollars ($300,000.00) 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 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 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 preliminary cost and expense, based upon
the amount of the bond issue, of constructing and making the improvements within said I
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, II 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 failure to pay such
assessments when the same become due and payable shall make such persons and said lots and
parcels of land I iable 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 1 st day of October 1984 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 I
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 preliminary cost and expense of constructing and making the
improvements in the said Special Improvement District No. 615 is on file in the office of the
COMMISSION RESOLUTION NO. 2527
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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 regu-
lar session thereof held on the 17th day of September 1984.
MAYOR
ATTEST:
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 1st day of October 1984.
MAYOR
ATTEST:
I Clerk of the City Commission
NOTICE
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HEARING, FINAL ADOPTION OF COMMISSION RESOLUTION NO. 2527,
RELEVYING AND REASSESSING SPECIAL IMPROVEMENT DISTRICT NO. 615,
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.
NOTI CE IS HEREBY GIVEN, that at a regular session of the Commission of the City of
Bozeman, held on the 17th day of September 1984, Commission Resolution No. 2527 was provi-
sionally passed and adopted; that said Commission Resolution relevies and reassesses against
I Special Improvement District No. 615, in said City, a preliminary amount based upon the bond
issue established for said district, and further 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:
COMMISSION RESOLUTION NO. 2527
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The tract of land lying in the SE-k of Section 8, the SW-k and SEt of Section 9,
and the NWi- and NE-k 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 SW-k, SEt 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
0022'34", a distance of 38.26 feet, to a point 130 feet Northeasterly when I
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 "E" 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 67056' East, parallel to
said "E" line a distance of 304.0 feet to the East line of the SW-k, SE-k 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 arc 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 left, whose tangent bearing at the P.C. is South
74058'16" East, through a deflection of 00051'16" 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 00004'25" 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 I
1-90; thence along said right-of-way through the following courses: North
70044'18" West, a distance of 160.31 feet, North 56015'34" 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 89052'52" 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 1012'45" 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. 2527 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
interested. That Monday, the 1st day of October 1984, 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 Com-
mission will hear and pass upon any and all objections that may be made to the final adoption
of said Commission Resolution No. 2527, and the relevying of a said preliminary assessment,
based upon the amount of the bond issue, 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. 2299, declaring it to
be the intention of the Commission to create Special Improvement District No. 615, and
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.
COMMISSION RESOLUTION NO. 2527
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Dated the 23rd day of September 1984.
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 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
23rd day of September 1984, and due proof of such publication is on file in my office.
I N WI TNESS WHEREOF, I hereunto set my hand and affix the corporate seal of my
office this 8th day of November 1984.
Clerk of the City Commission
State of Montana )
County of Gallatin : ss.
City of Bozeman )
I I, Robin L. Sullivan, Clerk of the Commission of the City of Bozeman, do hereby
certify that the foregoing Resolution No. 2527 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 14th day of October 1984, and due proof of such publ ication is
on file in my office.
IN WITNESS WHEREOF, I hereunto set my hand and affix the corporate seal of my
office this 8th day of November 1984.
Clerk of the City Commission
I
COMMISSION RESOLUTION NO. 2527