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HomeMy WebLinkAboutResolution 2528 Relevying and reassessing SID 632 for preliminary costs: 10-01-84 ---.-- -.-.-..---...- --.-.-----. -- OOG COMMISSION RESOLUTION NO. 2528 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELEVYING AND REASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 632 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE PRELlMI NARY COST, BASED UPON THE AMOUNT OF THE BOND ISSUE, OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 632. WHEREAS, the City Commission of the City of Bozeman, did on the 18th day of I February 1982 duly and regularly pass Commission Resolution No. 2301 entitled: COMMISSION RESOLUTION NO. 2301 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. 632 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A WATER SYSTEM, SANITARY SEWER AND STORM DRAIN AND APPURTENANCES, AND PAVING TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: DRILLING A SIX (6) INCH WELL, INSTALLING A PUMP, PRESSURE TANK AND SHELTER AND A SIX (6) INCH WATER MAIN AND APPURTENANCES ON SHAWNEE WAY IN THE SHAWNEE INDUSTRIAL PARK ADDITION; AN EIGHT (8) INCH SANITARY SEWER IN THE SAME AREA, MANHOLES AND SERVICE STUBS TO THE PROPERTY LINES AND STORM DRAIN PIPING, AND PAVING WITH AN ASPHALT CONCRETE TYPE PAVEMENT, INTEGRAL CONCRETE CURBS AND GUTTERS AND NECESSARY APPURTENANCES, ALL IN THE CITY OF BOZEMAN, MONTANA. THE CONSTRUCTION AND INSTALLATION OF THE WATER SYSTEM, SANITARY SEWER AND STORM DRAIN AND PAVING TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, CAST IRON WATER MAIN, INTEGRAL CONCRETE CURBS AND GUTTERS, AND OTHER NECESSARY APPURTENANCES. and thereafter, after due and legal proceedings, the Commission of the City of Bozeman did on the 29th day of April 1981 duly pass Commission Resolution No. 2325 entitled: I COMMISSION RESOLUTION NO. 2325 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. 632 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A WATER SYSTEM, SANITARY SEWER AND STORM DRAIN AND APPURTENANCES, AND PAVING TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: DRILLING A SIX (6) INCH WELL, INSTALLING A PUMP, PRESSURE TANK AND SHELTER AND A SIX (6) INCH WATER MAIN AND APPURTENANCES ON SHAWNEE WAY IN THE SHAWNEE INDUSTRIAL PARK ADDITION; AN EIGHT (8) INCH SANITARY SEWER IN THE SAME AREA, MANHOLES AND SERVICE STUBS TO THE PROPERTY LINES AND STORM DRAIN PIPING, AND PAVING WITH AN ASPHALT CONCRETE TYPE PAVEMENT, INTEGRAL CONCRETE CURBS AND GUTTERS AND NECESSARY APPURTENANCES, ALL IN THE CITY OF BOZEMAN, MONTANA. THE CONSTRUCTION AND INSTALLATION OF THE WATER SYSTEM, SANITARY SEWER AND STORM DRAIN AND PAVING TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, CAST IRON WATER MAIN, INTEGRAL CONCRETE CURBS AND GUTTERS, AND OTHER NECESSARY APPU RTENANCES. which Commission Resolution Nos. 2301 and 2325, 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 the improvements to be constructed therein, the cost of said improvements and the method of assessing the cost against the property within said district; I and WHEREAS, said improvements have been substantially completed in accordance with the terms and conditions of Commission Resolutions Nos. 2301 and 2325; WHEREAS, the City Commission of the City of Bozeman did on the 27th day of September 1982, duly and regularly pass Commission Resolution No. 2419, entitled: COMMISSION RESOLUTION NO. 2528 . ---.--.-.--.....---..-- ----.-..--.-. 007 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. 632 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. 632. which Resolution levied and assessed a tax amounting to $6,604.79 upon all the property in I said Special Improvement District No. 632; and WHEREAS, it is now necessary to relevy and reassess the District for prel iminary costs, based upon the amount of the bond issue, paid to construct said improvements as described in Commission Resolutions Nos. 2301 and 2325, 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. 2419; 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 preliminary cost and expense of constructing and making the improvements in said Special Improvement District No. 632, based upon the amount of the bond issue, there be, and there is hereby relevied and reassessed a tax amounting to the sum of Eighty Thousand Five Hundred Dollars ($80,500.00) upon all the property in said Special Improvement District No. 632, 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 I 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 preliminary cost and expense, based upon the amount of the bond issue, 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 over the remaining life of the assessment as originally provided for in Commission Resolution No. 2419; that the payment of the respective annual installment shall be made on or before the 30th day of November of each year unti I 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 I 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 wi II be heard by said Commission. COMMISSION RESOLUTION NO. 2528 008' 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 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, based upon the amount of the bond issue, of constructing and making the improvements in the said Special Improvement District No. 632 I 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 regu- lar session thereof held on the 17th day of September 1984. KENNETH L. WEAVER, Mayor ATTEST: Clerk of the City Commission Finally passed and adopted by the Commission of the City of Bozeman at a regular I session thereof held on the 1st day of October 1984. KENNETH L. WEAVER, Mayor ATTEST: Clerk of the City Commission NOTICE ------ HEARING, FINAL ADOPTION OF COMMISSION RESOLUTION NO. 2528, RELEVYING AND REASSESSING SPECIAL IMPROVEMENT DISTRICT NO. 632, CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A WATER SYSTEM, SANITARY SEWER AND STORM DRAIN I AND APPURTENANCES, AND PAVING TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: DRILLING A SIX (6) INCH WELL, INSTALLING A PUMP, PRESSURE TANK AND SHELTER AND A SIX (6) INCH WATER MAIN AND APPURTENANCES ON SHAWNEE WAY IN THE SHAWNEE INDUSTRIAL PARK ADDITION; AN EIGHT (8) INCH SANITARY SEWER IN THE SAME AREA, MANHOLES AND SERVICE STUBS TO THE PROPERTY LINES AND STORM DRAIN PIPING, AND PAVING WITH AN ASPHAL T CONCRETE TYPE PAVEMENT, INTEGRAL CONCRETE CURBS AND GUTTERS AND NECESSARY APPURTENANCES, ALL IN THE CITY OF BOZEMAN, MONT ANA. COMMISSION RESOLUTION NO. 2528 ---.---... 009 NOTICE 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. 2528 was provisionally passed and adopted; that said Commission Resolution relevies and reassesses against Special Improvement District No. 632, in said City, a preliminary amount, based upon the bond issue established for said district, and further to provide for the cost and expense I of making improvements within said District, to wit: The boundaries of said Special Improvement District No. are described as follows: A tract of land located in Section 9, Township 2 South, Range 6 East, Montana Principal Meridian, Gallatin County, Montana, and being more particularly described as follows: Beginning at a point on the Section Line common to said Section 9 and 16, said point being N 89052'52" E, and a distance of 1301.50 feet from the Southwest co rne r of Sect ion 9; Thence N 00007'08" W, a distance of 477.79 feet to the Southerly Right-of-Way of Montana State Highway Number 10, to a found iron pin; Thence S 73055'49" E, along said Right-of-Way, a distance of 492.09 feet, to a found iron pin; Thence S 02046'03" W a distance of 341.03 feet to a found iron pin; Thence S 89052'52" W a distance of 455.41 feet to the true point of beginning; Said parcel includes Lots 1-5, Shawnee I ndustrial Park, Bozeman, Montana. That said Commission Resolution No. 2528 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 Monday, the 1 st day of October 1984, at 7: 00 o'clock p. m. of said day, at a I 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. 2528, and the relevying of a said assessment, based upon the amount of the bond issue, and that said Resolution will finally be passed and adopted at the said regular session. All persons interested are referred to Commission Resolution No. 2301, declaring it to be the intention of the Commission to create Special I mprovement District No. 632, and Commission Resolution No. 2325, creating Special Improvement District No. 632, for the pur- pose of constructing and installing a water system, sanitary sewer, storm drain and paving improvements on Shawnee Way in the Shawnee Industrial Park Addition, all in the City of Bozeman, Montana. Dated the 23rd day of September 1984. I ROB I N L. SU LLlV AN Clerk of the City Commission COMMISSION RESOLUTION NO. 2528 - -.,.--.----- 010 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, IN WITNESS WHEREOF, I hereunto set my hand and affix the corporate seal of my I office this 8th day of November 1984. 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 Resolution No. 2528 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 publication 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 I COMMISSION RESOLUTION NO. 2528