HomeMy WebLinkAboutResolution 2529 Levying and assessing SID 645 for preliminary costs: 10-01-84
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COMMISSION RESOLUTION NO. 2529
A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, LEVYING AND ASSESSING SPECIAL ASSESSMENT TAXES UPON ALL
PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 645 IN THE CITY OF
BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE
PRELIMINARY COST, BASED ON THE AMOUNT OF THE BOND ISSUE, OF
CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL
IMPROVEMENT DISTRICT NO. 645.
I WHEREAS, the City Commission of the City of Bozeman, did on the 19th day of December
1983 duly and regularly pass Commission Resolution No. 2491 entitled:
COMMISSION RESOLUTION NO. 2491
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. 645 FOR THE
PURPOSE OF CONSTRUCTION AND INSTALLATION OF A SANITARY
SEWER AND APPURTENANCES TO SERVE ADJOINING PROPERTIES AND
MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN EIGHT (8) INCH
SANITARY SEWER, MANHOLES, AND SERVICE STUBS TO THE PROPERTY
LINE, AND NECESSARY APPURTENANCES, FROM A POINT APPROXI-
MATELY 125 FEET WEST OF SOURDOUGH CREEK TO THE INTERSECTION
OF KAGY BOULEVARD AND SOURDOUGH ROAD, TO SERVE PROPERTY
LOCATED WITH IN GRAF'S SECOND SUBDIVISION AND OTHER PROPERTY
EAST OF SOU RDOUGH ROAD.
THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER TO
INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING
MATERIAL, SANITARY SEWER LINES, MANHOLES, SERVICE LINE STUBS,
AND OTHER NECESSARY APPURTENANCES.
and thereafter, after due and legal proceedings, the Commission of the City of Bozeman did
on the 6th day of February 1984 du Iy pass Commission Resolution No. 2493 entitled:
COMMISSION RESOLUTION NO. 2493
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. 645 OF THE CITY OF
BOZEMAN FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF
A SANITARY SEWER AND APPURTENANCES TO SERVE ADJOINING
PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN
EIGHT (8) INCH SANITARY SEWER, MANHOLES, AND SERVICE STUBS TO
THE PROPERTY LINE, AND NECESSARY APPURTENANCES, FROM A
POINT APPROXIMATELY 125 FEET WEST OF SOURDOUGH CREEK TO THE
INTERSECTION OF KAGY BOULEVARD AND SOURDOUGH ROAD, TO
SERVE PROPERTY LOCATED WITHIN GRAF'S SECOND SUBDIVISION AND
OTHER PROPERTY EAST OF SOURDOUGH ROAD.
THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER TO
INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING
MATERIAL, SANITARY SEWER LINES, MANHOLES, SERVICE LINE STUBS,
AND OTHER NECESSARY APPURTENANCES.
which Commission Resolution Nos. 2491 and 2493, 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 as contemplated in said Commission Resolution Nos. 2491
and 2493 have been substantially constructed and completed in accordance with the terms and
I conditions of Commission Resolution Nos. 2491 and 2493, and the preliminary cost of said
improvements so constructed, based upon the amount of the bond issue, is the sum of Forty-Two
Thousand Dollars ($42,OOO.OO).
NOW, THEREFORE, pursuant to the provisions of Section 7-12-4186, Montana Code
Annotated:
COMMISSION RESOLUTION NO. 2529
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BE IT RESOLVED AND IT IS HEREBY ORDERED BY THE COMMISSION OF THE CITY
OF BOZEMAN, STATE OF MONT ANA
Sect ion 1. That to defray the preliminary cost and expense of constructing and
making the improvements in said Special Improvement District No. 645, based upon the amount
of the bond issue, there be, and there is hereby levied and assessed a tax amounting to the
sum of Forty-Two Thousand Dollars ($42,000.00) upon all the property in said Special I
Improvement District No. 645, hereby abated, 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
levied and assessed 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 assessed 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 in 20 install-
ments and the payment of said installment shall extend over a period of 19 years; 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 I
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 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.
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 levying and assessing 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. 645 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 I
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.
COMMISSION RESOLUTION NO. 2529
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013
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
I 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 1 st day of October 1984.
MAYOR
ATTEST:
Clerk of the City Commission
NOTICE
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HEARING, FINAL ADOPTION OF COMMISSION RESOLUTION NO. 2529,
LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE
PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 645, CITY OF
BOZEMAN, COUNTY OF GALLA TI N, STATE OF MONT ANA, TO DEFRAY THE
COSTS OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITH IN SAID
SPECIAL IMPROVEMENT DISTRICT NO. 645.
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. 2529 was provi-
sionally passed and adopted; that said Commission Resolution levies and assesses against
Special Improvement District No. 645, 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. are described as
follows:
A tract of land in the SEt, Section 18, T2S, R6E, MPM, in Gallatin County,
Montana, being a portion of Grafls Second Subdivision to the City of Bozeman,
recorded by the Gallatin County Clerk and Recorder on 9 Ju Iy 1964, and more
particularly described as follows:
Beginning at the Southeast corner of Lot 22, said Grafls Second Subdivision,
thence 260.40 feet, on a bearing of S 640 42' West to the southwest corner Lot
7 on the east right-of-way of Sourdough Road, thence N 260 43' West a
I distance of 122.2 feet, thence N 290 03' West a distance of 132.9 feet, thence
N 290 18' West a distance of 97.8 feet to the south side of the intersection of
O'Connell Drive and Sourdough Road, thence in the northwesterly direction
across O'Connell Drive sixty (60) feet to the south corner of Lot 10, thence N
320 48' West a distance of 246.0 feet, thence N 650 491 East a distance of 196.2
feet, thence N 280 19' West a distance of 108.1 feet, thence N 640 51' East a
distance of 186.90 feet, thence N 520 11' East a distance of 308.80 feet, thence
N 350 46' East a distance of 99.9 feet, thence S 370 01' East, a distance of
131.2 feet, thence S 680 19' East a distance of 71.5 feet, thence S r 35' East
a distance of 99.7 feet, thence S 110 52' West a distance of 97.6 feet, thence S
COMMISSION RESOLUTION NO. 2529
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of!:
300 51' East a distance: Qf92".8 feet.~__th~fld~,S 480 57"-Eas'ta distance of 102.1
feet, thence S 170 27' East a distance of 55.0 feet, thence S 150 0' East a
distance of 287.50 feet, thence S 220 08' East adid::lno:e of 79.9 feet, thence S
470 20' East a distance of 8',7.0 feet, thertQ.@ 8_360 12'--W~st a distq.rlce of149.4
feet, to the southernmost corner of Lot 34, thence in a southeasterly direction
to the northeast corner of Lot 18, said Grafls Second Subdivision, thenc~
along the south right-of-way of Lomas Drive a distance of 408.10 feet westerly
to the point of beginning and including Lots 7-17, 22-41 of said Graf's Second
Subdivision to the City of Bozeman, Montana.
That said Commission Resolution No. 2529 is now on file in the office of the Clerk of I
the City Commission, subject to inspection for a period of five (5) days by any persons in-
terested. 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. 2529, and the levying 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.
All persons interested are referred to Commission Resolution No. 2491, declaring it to
be the intention of the Commission to create Special Improvement District No. 645, and
Commission Resolution No. 2493, creating Special Improvement District No. 645, for the pur-
pose of constructing and installing a sanitary sewer from a point approximately 125 feet west
of Sourdough Creek to the intersection of Kagy Boulevard and Sourdough Road.
Dated the 23rd day of September 1984. 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 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
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. SuI! ivan, Clerk of the Commission of the City of Bozeman, do hereby I
certify that the foregoing Resolution No. 2529 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
COMMISSION RESOLUTION NO. 2529
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