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HomeMy WebLinkAboutResolution 2246 Levying and assessing SID 604 for sanitary sewer in Graf's First: 11-05-80 ~-~' .~----,..,.---~.,..~.._-~ _ ___ _._.,._,.__,._. ._'.....,_., .~_"..__ ....._.___.'.'._.___~'._r......_.. _.'.~r'_'. -, -. '-. .---~_._~ -___ -...... ___'""T'"__.__ .--_ ,~. .~'" -_.-.--. -~_.-....... - -' '.-- '-184 a::MIlISSICN RESa..UTICN t-D. 2246 A REffiLUTION CF THE CIMvlISSICN CF THE CITY OF roZE!l1AN, M:>NfANA, LEVYINJ AND ASSFSSINJ A SPECIAL ASSFSEMENT OF TAXES UR)N AU... THE PROPERTY IN SPEx:::IAL IMPRD'\.1fl1FNf DISTRICT NO. 604 IN THE CITY OF OOZElI1AN, CDUNIY OF GALLATIN, STATE CF M)NI'ANA, TO DEFRAY THE rosr OF CJ:NSTRlCI'IM:; AND MAKIM:; THE IMPROVEiv1ENrS WITHIN SAID SPECIAL IMPROVEHENT DISTRICT NO. 604. WHEREAS, the City COmmission of the City of Bozeman, did on the 19th day of July, 1978, I duly and regularly pass COmmission Resolution No. 1991 entitled: aJll'lISSION RFIDLUl'ICN m. 1991 A REffiLUTION CF THE CITY aJvf.,1'ISSION CF THE CITY CF roZElifAN, ~()!I:rrANA, DEClARl!lK.'; IT TO BE THE INTENTION OF THE CITY CF POZEMAN, M::NTANA, TO CRFATE A SPECIAL IMPROVF1v!F..NT DISTRICT TO BE KNQ\}N AS SPECIAL IMPROVE1-1FNr DISI'RICl' NO. 604 FOR THE PURfOSE OF CDNSmlCI'ION' AND INSTALlATION' OF A SANITARY SEWFR MAIN AND APPURTENAN:::ES TO SERVE THE ADJOINII'-:G PRCPERTIFS AND ~rnE SPECIFICAILY DESCRIBED AS FOILC:W): AN EIGIIT' (8) INGI SANITARY SEWER LATERAL MAIN AND THE l\1ECESSARY APPtRTf'.N!\~S ON BERTfill, OIA~1BFRS, BAXTER, O'CQ\JNELL AND KENYON DRIVES IN GRAF'S FIRST SUBDIVISICN, ALL IN THE CITY CF roZFJ1AN, ~'{)NrANA. THF: CDNSfRlCTION AND INSTAUATICN CF THE SANITARY SEWER MAINS SHALL INO...UDE AU... TRENGI EXCAVATION AND BACXFILL, BEDDIN:; MATERIAL, INSTAUA'fICN CF SEWER MAIN, NF.cESSARY \-'lYES, SERVICE LINE STUBS, MANlDLES, AND OI'HFR NECESSARY APPtRrENAN:::ES 1HEREI'O. and thereafter, after due and legal proceedings, the COnnTIssion of the City of Bozeman did on the 22nd day of November, 1978, duly pass COmmission Resolution No. 2038 entitled: CX:U.lISSICN RFffiLUfICN !IX). 2038 A REffiLUTICN CF TIIE CITY rof\lISSICN CF THE CIIT CF POZEMAN, ~{)NTANA, CRFATI~ A SPECIAL IMPROVEMENT DISIRICl' TO BE KNG\N AS SPECIAL IMPROVE- MENT DISTRICT t-D. 604 CF THE CITY OF roZF1vfAN FOR THE PURFDSE CF mN- STRtcrICN AND INSTALLATION' OF A SANITARY SEWER MAIN AND APPlRI'ENAN:::ES 'IO SERVE THE ADJOINI!I:(; PROPERTIES AND HJRE SPECIFICALLY DESCRIBED AS F01LCWS: AN EIGIT (8) INGI SANITARY SEWER LATERAL MAIN AND THE NECESSARY APPlRI'ENAt'CES ON BERTf-KJI', a-IAMBFRS, BAXTER, O'OJNNFLL AND KENYON IRIVES IN GRAF'S FIRST SUBDIVISION, AlL IN THE CITY OF POZEMAN, ~rnrANA. '!HE CJ:NSTRlCI'IOO" AND INSTAlLATICN CF THE SANITARY SEWER MAINS SHALL IN:LUDE ALL TREN::f-I I ID<<:::AVATIOO' AND BAa<FILL, BEDDIK; MATERIAL, INSTALLATICN OF SEWER MAIN, NFX::ESSARY WYES, SERVICE LINE SIUBS, MANHOLES, AND ornER NECESSARY APPURTFNAM:ES THEREID . which Ccmnission Resolution Nos. 1991 and 2038, 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 cost of said improve- ments and the method of assessing the cost against the property within said district; and WHEREAS, said improvements as contemplated in said CArttnission Resolution Nos. 1991 and 2038 have been constructed and corrpleted in accordance wi th the tetm5 and condi tions of G:nmission Resolution Nos. 1991 and 2038, and the cost of said improvements so constructed is the sum of Eighty-One Thousand Six Hundred Sixty~e and Eight/l00 ($81,661.08) Dollars. NOW, THEREFORE, pursuant to the provisions of Section 7-12-4201 and Section 7-12-4443, and all other applicable provisions of Title 7, M.C.A., and ammdments thereto: BE IT RES)LVED AND IT IS HEREBY CEDERED BY THE ffi,fl1ISSICN CF THE CI1Y CF OOZEMAN, STATE CF ~rnrANA. Sect ion 1. That to defray the cost and expense of constructing and rraking the improvements in said Special bnprovement District No. 604, there be, and there is hereby levied and assessed a tax arrounting to the sum of Eighty-Dne Thousand Six Hundred Sixty-Dne and Eight/lOO ($81,661.08) Dollars upon all the property in said Special Improvement District No. 604, and that a particular description of each lot and parcel of land with the name of the owner and the sun assessed against him or it for such inprovements and the arrount of each partial pay- ment to be ttade and the day When the same shall be delinquent is set forth in detail in the I assessment 1 ist 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 rraking the improvements within said District; that the several sUITS so assessed be collected fran the respective own- ers of said lots and parcels of land described in said assessment list, Schedule "A", as required by law; that the payment of said SUITS shall be made in 20 installments and the pay- CX1vfllISSICt-T REffiLUTICN 00. 2246 _.~ _ .._,~__.-"'--~-----"--~._~~--"----__~._~---.L""""""~--'--'--'----~ ___~~"""""___~.__._L.__._ _u-.L-.__~.__..__ _.___-'-._~..__.___..'_'___'__'___._.~.__u_. ~ __......~___. .u~ ~ ___~_ L._~..._~_............_.._, ..___.,.-.-_ d.._'~._~_~_ __~L_-"_._~ __,.......~___ _'---"""--~--'-.._..........__.~___ -----._-~_._--- ~~_................_~~_...d~__~~ ___ 185 -: rrent of said installrrent shall extend over a period of 19 years; that the payrrent of the respective annual installmmt shall be made on or before the 30th day of Novanber of each year until payrrent of all installrrents together with the interest thereon, shall be rrade; 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 I to pay such assessrrents \'\hen the sarre bec~ 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 CAXnTIission of the City of Bozeman to be held in the Commission Chamber in the City Hall of said City on the 12th day of November, 1980, at 1:15 o'clock p.m., be, and the same is hereby designated as the time and place at ~ich objections to the final adoption of this Resolution will be heard by said COmmission. Sect ion 3. That the Clerk of the CAYnnission of the City of Bozeman be, and she is hereby ordered and directed to publish in the Bozenan Dai ly Chronicle, a dai ly newspaper printed and published in the said City of Bozeman, a notice signed by the Clerk of the CAXOTIission and stating that a Resolution levying and assessing a special assessment of taxes to defray the cost and expense of construct ing and making the irnprovements in the said Sped al Irrprovement District No. 604 is on file in the office of the Clerk of the Cammission subject to inspection for a period of five (5) days; that said Notice shall state the time and place at Vlhich 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 ~ssion for the hearing of objections and the final adoption of this Resolution. Provisionally passed and adopted by the C...amrlssion f the City of Bozeman at a regular session thereof held on the 5th day of November, 198 . I ATTEST: ~~)-~;!Ld-" ~/~/~aL~ Clerk of the Ci ty Cannission/ Finally passed and adopted by the COrrnrlssion of the City of Bozeman at a regular session thereof held on the 12th day of Nov..mer, 1980d_ -2~ Mayor ATTEST: ~ /~L ' k?td~ // r: &-z ___ -c..~~ Clerk of the City COmmiss~ NOTICE ------ HFAIUNG, FINAL AOCPrICt'J CF m.fUSSION REOOLUTICN 00. 2246 IEVYI~ AND ASSESSING SPECIAL IMPROVEMENT DISTRICT NO. 604 CI1Y a<' OOZEMAN FOR 1HE PtRFOSE CF mNSIRt.crION AND INsrALLATICN CF A SANITARY SEWER M~IN AND APPlRI'ENAl'CES TO SERVE '!HE ADJOINING FROPERI'IES AND M:RE SPECIFICAlLY DESCRIBED AS FOLI...C:W3: AN EIGIT (8) Il'D-I SANITARY SEWER IATERftL MAIN AND THE NECESSARY APPlRI'ENAN::ES CN BER1HJI', CHAMBERS, BAXI'ER, 0' ~ I AND KENYON !RIVES IN GRAF'S FIRSI' SJBDIVISrCJ-T, ALL IN THE CI'IY <F BOZEMAN, MMANA. THE CI:NSTROCI'IOO AND INSI'ALlATICN CF THE SANITARY SEWER ~1AINS SHALL IK:LUIE ALL 'IRFN11 FXCAVATICN AND BACKFIIL, BEDDlt-C MATERIAL, INSTALlATION CF SEWER MAIN, NECESSARY WYES, SERVICE LINE S'DJBS, ~ifANOOLES, AND ornER NECESSARY APPtRTENAN::ES THERETO. NOTICE IS HEREBY GIVEN, that at a regular session of the Connrlssion of the City of Bozeman, held on the 5th day of November, 1980, COmmission Resolution No. 2246 was provisionally passed and adop t ed : That said COrrnrlssion Resolution levies and assesses Special hnprovement District No. 604, in said City, to defray the cost and expense of constructing and making the improve- ments wi thin said di strict, to wi t: CO.fnSSICN RFSJLlIT'ICN r\O. 2246 --.,,--.. .. - ---- --_._-~- ~~,~,. .. ~,,__ __,.__~ _" ,,___~__ m_ __ _" _~,~., _n~ _n ~~ ~- .. --,-~ - . - . -'" . ---. ---.".. - --- - - .. -"-- .'~.' -~- _.,._-~ ,.. n_" -.- ,,-- - _...,~. - . .--- - -- ~.---~. ...,... --_.._~~ ...... -186 The boundaries of said Special Improvement District No. 604 are described as follows: Beginning at the East 1/4 corner of Section 18, T2S, R6E, M.P.M.; thence North 89045' West a distance of 67.84 feet; thence North 00001' West a distance of 880.0 feet to the true point of beginning; thence North 89049' West a distance of 370.0 feet; thence South 80034' West a distance of 60.8 feet; thence North 89056 '40" West a distance of 150.0 feet; thence North 16042'40" West a di stance of 55.0 feet; thence North 48016'40" West a di stance of 102.2 feet; thence North 30009'40" West a distance of 93.0 feet; thence I North 12033' 40" East a di stance of 98.5 feet; thence North 06055'20" West a distance of 100.0 feet; thence North 67041'40" West a distance of 71.7 feet; thence North 36023' 40" West a di stance of 131. 8 feet; thence South 36022'20" West a distance of 100.0 feet; thence North 64006'40" West a distance of 107.9 feet; thence ~IDrth 65012' West a distance of 143.0 feet; thence North 28029' West a distance of 188.0 feet; thence North 10055 '20" West a distance of 146.7 feet; thence North 72023'40" East a distance of 334.7 feet; thence South 31006'20" East a distance of 37.2 feet; thence South 47059'20" East a distance of 274.8 feet; thence South 52028' East a distance of 154.0 feet; thence North 61031'20" East a distance of 285.0 feet; thence North 48044' East a distance of 50 feet; thence North 28022' East a distance of 66.6 feet; thence North 04025' East a distance of 62 feet; thence North 00014' West a distance of 90 feet; thence North 89059' East a distance of 270 feet; thence South 00001' East a distance of 520.3 feet; thence North 89049' West a distance of 90.00 feet; thence South 0001' East a distance of 110.0 feet; thence North 89049' West a distance of 20.00 feet; thence South 0001' East a distance of 230.00 feet; thence South 89049' East a distance of 110.00 feet; thence South 0001' East a distance of 160.00 feet to the true point of beginning and containing Lot 2, Block 1; Lots 1-4, Block 2; Lots 1-9, Block 3; Lots 1-5, Block 4; Lots 1-9, Block 5, and Lots 2-10, Block G; Graf's 1st Subdi vi sian. That, said Commission Resolution No. 2246 is now on file in the office of the Clerk of the City CQmmission, subject to inspection for a period of five (5) days by any persons interested. Tha t Wednesday, the 12th day of November. 1980. at 1:15 o'clock p.m. of said day at a regular session of the COmmission of the City of Bozeman. at the COmmission Roan in the City Hall Build- ing of said City has been designated as the tirre and place Where the said CAXnnission will hear and pass upon any and all objections that may be made to the final adoption of said Resolution No. 2246 and the levying of a said assessment. and that said Resolution will finally be passed I and adopted at the said regular session. All persons interested are referred to Commission Resolution No. 1991 declaring it to be the intention of the Commission to create Special ~rovement District No. 604 and COmmission Resolution No. 2038 creating Special ilnprovement District No. 604 for the purpose of construction and installation of a sanitary sewer main and appurtenances to serve the adjoining properties and ITOre specifically described as follows: An eight (8) inch sanitary sewer lateral rrain and the necessary appurtenances on Berthot, Chanbers. Baxter. O'Connell and Kenyon Drives in Graf's First Subdivi sion. all in the Ci ty of Bozeman. M:mtana. The construction and installation of the sanitary se~r mlins shall include all trench excavation and backfill. bedding material. installation of sewer ~in. necessary wyes. service line stubs, manholes. and other necessary appurtenances thereto. Dated the 5th day of November. 1980. :7 // ~~ lZ:n4~ ",/, c;.-- --. . ERNA V. HARDING Clerk of the Ci ty Cannission State of Mmtana ) C~unty of Gallatin: Ci ty of Bozermn ) I, Erna V. Harding, Clerk of the Coornission of the Ci ty of Bozeman do hereby cert i fy that I the foregoing Resolution No. 2246 was published by ti tIe and nun:ber in the Bozanan Dai ly Qu-on- icle, a newspaper of general circulation printed and published in said City, in the issue da too the 16th day of Novenber. 1980. and due proof of such publication is on file in ~ office. IN WITNE...SS WiERECF I hereunto set my hand and affix the corporate seal of my office this 17th day of Novenber. 1980. //3L ;..::> :../ C'- >" ;, fn&- /: ~~ Clerk of the City Commiss' n mtf,llSSICN RFSOLUTICN NJ. 2246 -.-. - .._m"'~. _ ~. ~."'_' .u _..._ . -~._. '-.. - - _.~.~-~ - ._-...._-.- _.~.__...._._............-~- .~.~....~._~-- - ..., _."._~.~.,,_... -.,........-............... ..__.~.._---~---~,.... . ..-.--,. ". -~ --.-. ~--_......~ - u_ _ _. .~. _ __ _ __ _ __.. . . t87. State of M:mtana ) C'..ounty of Gallatin: City of Bozeman ) I, Fzna V. Harding, Clerk of the lAnnUssion of the City of Bozeman do hereby certify that I the foregoing Notice was published at length in the Bozeman Daily Ou-onic1e, a newspaper of general circulation printed and published in said City, in the issue dated the 6th day of November, 1980, and due proof of such publication is on file in ITlf office. IN WI1NFSS WIEREXF I hereunto set my hand and affix the corporate seal of my office this 17th day of November, 1980. .~ c:t:. / / c' .'. j ..../~~ . I ~ ....A . Clerk of the Ci'ty ssion I I a::M,lISS1 rn RF.s:>LUTICN I'D. 2246 _........~ __ .__._~____.. _....~".._ __ .......-.- ~~~....._.. __......~._...u_ ..~_.....~ .~__ ~n_~ ____.___._.._ ... . __~~_.~_.._~._~ . ~.~_._ .~_. _... _____... __._ ____. ._..._ ... _~~.. _.n.'.