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HomeMy WebLinkAboutResolution 2233 Levying and assessing SID 591, water trunk, Rouse and Griffin Drives: 10-29-80 136 <IM.1ISSICN REOOLUTICN 00. 2233 A REOOLUTICN CF THE <::(MIAISSION CF THE CITY CF roZEMAN, tvONTANA, LEVYIN:; AND ASSESSINJ A SPECIAL ASSESSv1ENT CF TAXES UFQ\J ALL THE ffiOPER'IY IN SP&::IAL ThI{PROVEHENT DISTRICI' NO. 591 IN TIIE CITY CF IDZEMAN, CDUN'IY CF GALLATIN, STATE CF M:NrANA, TO DEFRAY 'mE CDST CF CDNsrRlCI'ING AND MAKING THE IMPROVEMENTS WITI-IIN SAID SPECIAL I~t1PRO\lE}1ENT DISI'RIcr NO. 59l. WHEREAS, the City COrrnrlssion of the City of Bozeman, did on the 15th day of MarCh, 1978, I duly and regularly pass Corrnrission Resolution No. 1952 entitled: a:::MlISSICN REroLurICN 00. 1952 A REOOLUTICN CF THE CITY Crtvll/IISSION CF THE CITY CF roZU1AN, r.,VNTANA, DEClARIN} IT TO BE '!HE INTENI'ION CF THE CITY CF OOZEMAN', MmANA, TO CREATE A SPECIAL IMPRCJ\lR..1E1\1T DIS1RIcr TO BE KNCWJ AS SPECIAL n1PR~1ENT DISTRICT NO. 591 FOR THE PtlRfOSE OF <XNSI'RlcrION AND INSTALIATICN OF mUNK WATER MAINS AND APPtRTFNAN::ES THRDtU-I A FORTIC!'-T CF '!HE CITY OF EOZEMAN, M)R.E SPECIFICALLY AS FOLLa\S: A 'tWELVE (12) nnl TRUNK MAIN AND APPlRTENAN::;ES ON roND STREET AND mill AVENUE EXTENDED FR01 THE 18" LYMAN CREEK SUPPLY LINE TO tnITH ROtBE, CN N)RTH ROlEE ro GRIFFIN IRIVE, ON GUFFIN rnIVE TO WEST CF NCRI'H 7TH AVENUE, CN BRlrGER rnrVE FR01 GRIFFIN DRIVE 10 THE CITY LIMITS. THE crnSTRocrION AND INSI'ALIATIQ\1 ro Il\CLUIE ALL TRFJ\O-I EXCAVATION AND BACKFILL, BEDDIN:; MATERIALS, WATER PIPE, FIRE HYIRANI'S, VALVES, FITTINGS, PRESSrnE REDOCIKG STATION AND OTHER NEX:';ESSARY AI' PlRTF,NAl'CES . and thereafter, after due and legal proceedings, the C~ssion of the City of Bozeman did on the 5th day of April, 1978, duly pass COmmission Resolution No. 1957 entitled: ill,MISSION RESOLUTION 00. 1957 A RESOLUTION CF THE CITY (I::r"MISSION CF TI-IE CITY CF roZFMAN, ~{)NrANA, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNG\N AS SPECIAL IMPROVE- MENT DIS1RIcr NO. 591 CF THE CITY CF roZH1AN FOR THE PlRPOSE CF (DN- STRlCI'ION AND INSTALLATION CF TRUNK WATER MAINS AND APPtRTENAN:ES THROtGH A FORTICN (Ii' THE CITY CF IDZEMAN, ~()RE SPECIFICALLY AS FOLI..CW3: A TWELVE (12) 100-1 TRUNK WATER. MAIN AND APPlRI'ENAl\CES ON .EnID SI'REET AND (bill AVENUE EXI'ENDED FRCM: THE 18" Li'rI..fAN rn.EEX SUPPLY LINE TO NCRIH ROUSE, 00 Na.UH ROLSE TO GRIFFIN DRIVE, 00 GRIFFIN DRIVE 'IV \\EST CF I NaITH 7TH AVENUE, ON BRIIx;ER IRIVE FRCM GRIFFIN rnlVE TO THE CITY LIMITS. THE CDNSTRlCI'ION AND INSTALlATION 'IV INCLlIDE ALL TRENCH EXCAVATICN AND BACKFILL, BFDDIr;(; ~tfATERIALS, WATER PIPE, FIRE HYIRANTS, VALVES, FITIIN:O, PRESSlRE REDOCING STATION AND OI'HER NECESSARY APPrn:rENMCES. which Commission Resolution Nos. 1952 and 1957, 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 rrethod of assessing the cost against the property ~thin said district; and WHEREAS, said improvements as contemplated in said COmmission Resolution Nos. 1952 and 1957 have been constructed and completed in accordance with the terrrs and conditions of COmmission Resolution Nos. 1952 and 1957, and the cost of said improvements so constructed is the ~ of Four Hundred Forty Thousand and No/100 ($440,000.00) Dollars. NOW, THEREFORE, pursuant to the provisions of Section 7-12-4201 and Section 7-12-4223, and all other applicable provisions of Title 7, M.C.A., and arrendments thereto: BE IT RESOLVED AND IT IS HERFBY CEDF.RED BY THE cnf\lISSICN CF WE CI1Y CF POZEMAN, STATE CF ~,(M'AN\ Sect ion 1. That to defray the cost and expense of constructing and ITBking the improvements in said Special Improvement District No. 591, there be, and there is hereby levied and assessed a tax armunting to the sum of Four Hundred Forty Thousand and No/lOO ($440,000.00) fUllars upon all the property in said Special Improvement District No. 591, 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 improverrents and the azmunt of each partial payrrent to be made and the day men the I 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 suns 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 uaking the improvements ~thin said District; that the several sums so assessed be collected fram the respective owners of said lots and parcels of land described in said assessrrent list, Schedule "A", as required by law; that the payment of said sums shall be ffi.t.lISSIQ\T RESDLUI'ICN NO. 2233 137 made in 20 installrrents and the payrrent 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 payttent of all installrrents together with the interest there- on, 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 fai lure to pay such assessments \\hen the sarre becare due and payable shall make such per- I sons 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 C~ssion of the City of Bozeman to be held in the COnnrlssion Chamber in the City Hall of said City on the 5th day of November, 1980, at 1:15 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 COrrnrlssion. 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 C~ssion and stat- ing that a Resolution levying and assessing a special assessment of taxes to defray the cost and expense of constructing and rraking the improvements in the said Special Inprovement District No. 591 is on file in the office of the Clerk of the COrrnrlssion subject to inspection for a period of five (5) days; that said Notice shall state the time and place at \\hich 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 C~ssion for the hearing of objections and the final adoption of this Resolution. Provisionally passed and adopted by the Ccmnission of the Ci ty of Bozeman at a regular session thereof held on the 29th day of October, 19~~ ~ -1 5:}.,/ ~ Mayor I ATTEST : r!/~-:n~-" / ~~ Clerk of the Ci ty'-- Ccmni ~n Finally passed and adopted by the r~ission of the City of Bozeman at a regular session thereof held on the 5th day of November, 19BO'~ ~, ~,~ Mayor ATTEST: > /~ l<"c~<.-' /, ./ a ' Clerk of the Ci ty Ccmnis on NOTICE ------ HEARUX:;, FINAL AIXPI'ICN CF cn-t.lISSION RESOLUTION NO. 2233 LEVYIMJ AND ASSESSII'K} SPECIAL IMFROVEMENI' DISTRICT NO. 591 CITY CF roZEMAN R:R THE PtRroSE CF CDNSTRLcrICN AND INSTALLATION CF TRUNK WATER ~AAINS AND APPlRTENAl'U:S THROlGI A KRI'ICN OF 'IRE CITI OF roZEMAN, M:RE SPECIFI- CALLY AS roLI...CW3: A 'IWELVE (12) IKB 'IRIJNK WATER HAIN AND APPffiTENAOCFB CN .EO:\ID SI'REET AND mID A VENUE EXTENDED FRCM 1HE 18" L)MAN CREEX SUPPLY LINE TO NaITH FDU3E, ON N:RI'H ROlEE TO GRIFFIN rnIVE, CN GRIFFIN IRIVE I 10 \\EST CF N<RIH 7IH AVENUE, CN BRIDGER !:RIVE FRa1 GRIFFIN DRIVE 10 THE CI'IY LIMITS. THE CDNS'I'Rt.crICN AND INSI'ALIATIC!\T TO IN-::LUIE ALL 'IREN:H EXCAVATICN AND BACKFILL, B.EDDI~ MATERIAlS, WATER PIPE, FIRE HYrn.ANI'S, VAlNES, FITIT!'~B, PRESSJRE REDlCIN:; STATION AND OTHER NECESSARY APPlRTENANCES. NOTICE IS HEREBY GrvEN, that at a regular session of the COmmission of the City of Bozeman, held on the 29th day of October, 1980, COmmission Resolution No. 2233 was provisionally passed and adop t ed : That said CCnnrission Resolution levies and assesses Special hnprovement District No. 591, in said City, to defray the cost and expense of constructing and making the improve- rrents within said district, to wit: CThMISSICN RFS)LUTICN rD. 2233 .._,-" -. --." -.- - , 138 The boundaries of said Special Inprovement District No. 591 are described as follows: Beginning at the center of Section Six (6), Township Two South (T2S), Range Six (R6E), M.P .M.; thence North 88042' East along the South line of the Northeast Quarter (NE 1/4) of said Section Six (6) a distance of 1152 feet more or less to a point on the West right of way line of the Burlington Northern Railroad Story Mill Spur, said point being the true point of beginning; thence Northeasterly along the said Story Mill Spur's West right of way line a distance of 1170 feet more or less to the point of I intersection of the South boundary line of Assessor's Tract 17 and the North Boundary line of Assessor's Tract 7; thence South 88037'58" West a distance of 384.6 feet; thence North a distance of 867.40 feet; thence South 88042' West a distance of 1023.15 feet; thence North a distance of 858.34 to the center line of Griffin Drive, thence North 88043130" East a distance of 155.55 feet; thence South 68057' 51" East along said centerline a distance of 245 feet more or less; thence leaving said centerl ine North 40021' 20" East along the east line of Assessor's Tract 27 extended a distance of 386.45 feet; thence North 31009'13" East a distance of 81.28 feet to the Southwest corner of Tract 26; thence South 69009'35" West a distance of 988.64 feet; thence South 88033'35" West a distance of 361.79 feet to the West right of line of the Chicago, Milwaukee, St. Paul and Pacific Railroad Menard Branch; thence Northerly along said Chicago, Milwaukee, St. Paul and Pacific Railroad West right of way line a distance of 686.97 to the North right of way line of Bridger Drive (F.A.S. No. 293), said point being 135.1 feet Westerly and 320.04 feet Southerly of the East 1/16 cor., Southeast Quarter (SE 1/4) of Section Thirty-one (31), Township One South (TIS), Range Six East (R6E); thence along the Northerly right of way line of said Bridger Drive South 89055'00" West a distance of 691.2 feet to a point on the North right of way at P.T. Sta. 45+ 25.5 of F.A.S. 293, Bridger Drive. Thence continuing along said North right of way along a curve to the left through a central angle of 39005' a distance of 808.9 feet to a point on the Northerly right of way at P.C. Sta. 37 + 43.8 of F.A.S. 293; thence continuing along said Northerly right of way bearing South 50050' 00" West a distance of 274.41 feet to a point, said point being the Southeast corner of Block Two (2), Bridger Center Subdivision; thence North 0045 '00" West a distance of 719.32 feet to a point on the North line of the South Half of the Southeast Quarter (5 1/2 SE 1/4) of said Section Thirty-one (31), said point being 1786.80 feet Westerly of the East 1/16 cor. Southeast Quarter (SE 1/4) of said Section Thirty-one (31); thence South 88035' 12" West along said North line of the South Half of the Southeast Quarter of Section Thirty-one (31) a distance of 840.61 feet to the West 1/16 cor. Southeast Quarter (SE 1/4) of I Section Thirty-one (31); thence South 89057137" West a distance of 1000.48 feet; thence South 1002'41" a distance of 1295.29 feet to a point on the North right of way line of Gri Hin Drive; thence ~sterly along the North right of way line of Griffin Drive, a distance of 5215.78 feet rrore or less; thence Southerly a distance of 30.00 feet to the Northwest corner of the Nelson Annexation; thence Southeasterly along the North right of way of Interstate 90 along an arc of radius 4187.50 feet a distance of 1475.98 feet; thence North 81015'43" East a distance of 720.73 feet; thence North 01003'32" West a distance of 248.35 feet; thence North 87005'37" East a dis- tance of 181.24 feet to the West right of way of U.S. Highway 10; thence Easterly a distance of 105.8 feet to the East right of way of U.S. Highway 10; thence South 10055'2411 East a distance of 248.00; thence South 00053'40rr East a distance of 61.00 feet; thence South 74041'17" East a distance of 16.00 feet along the North right of way of Interstate 90; thence South 54058'09" East a distance of 850.30 feet; thence South 74041'17" West a distance of 269.11 feet; thence leaving said right of way North 01011'40" West a distance of 1224.44 feet to the South right of way line of Griffin Drive; thence Easterly along the South right of way line of Griffin Drive a distance of 1401.04 feet to the West line of the Northeast Annexation; thence South 38024' East along the East right of way line of the Burlington Northern Railroad rrainline a distance of 2791.59 feet to the North right of way of Interstate 90; thence South 70035'22rr East along said right of way a distance of 996.15; thence North 38057' East a distance of 20 feet rrore or less to the true point of beginning and containing 238 acres ITOre or less. That, said Coanrlssion Resolution No. 2233 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. Tha t Wednesday, the 5th 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 COrrnrlssion Roam in the City Hall Build- I ing of said City has been designated as the time and place Where the said C~ission will hear and pass upon any and all objections that may be made to the final adoption of said Resoltltion No. 2233, and the levying 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. 1952 declaring it to be the intention of the COrrnrlssion to create Special Improvement District No. 591 and Commission Resolution No. 1957 creating Special Inprovement District No. 591 for the purpose of construction CXMHSSICN RESOLUTION NO. 2233 - --- -- - - - --- .-- --- .- --- 139 and installation of trunk water mains and appurtenances through a portion of the City of Bozeman, more specifically as follows: A twelve (12) inch trunk main and appurtenances on Bond Street and Gold Avenue extended fran North Rouse to Gri ffin Drive, on Gri ffin Drive to West of North 7th Avenue, on Bridger Drive fram Griffin Drive to the city lirrdts. The construction and instal- lation to include all trench excavation and backfill, bedding rraterials, water pipe, fire hydrants, I valves, fittings, pressure reducing station and other necessary appurtenances. Dated the 29th day of ~tober, 1980. ? /~' .~ . ,,//., ," ~'i"~/ ." ." .,"-? "/ ERNA V. HARDING ' Clerk of the City C~ssion State of Mbntana ) County of Gallatin: Ci ty of Bozeman ) I, Erna V. Harding, Clerk of the Commission of the City of Bozeman do hereby certify that the foregoing Resolut ion No. 2233 was published by title and nurrber in the Bozamn Dai ly O1ron- icle, a newspaper of general circulation printed and published in said City, in the issue dated the 9th day of November, 1980, and due proof of suCh publication is on file in ay office. IN WITNESS WiEREXF I hereunto set my hand and affix the corporate seal of my office this 10th day of Novmi>er, 1980. J y~~ /'/~-- '//, /', .AI' Clerk of the Ci ~y l..aIIni Ion I State of r..-bntana ) County of Gallatin: Ci ty of Bozeman ) I, Fxna V. Harding, Clerk of the C,cmnission of the Ci ty 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 30th day of October, 1980, and due proof of suCh publication is on file in my office. IN WITNESS w-IERECF I hereunto set my hand and affix the corporate seal of my office this 10th day of November, 1980. /~ ~.:<:,~~ "~' . Clerk of the ctty_ . sion I a:Mv1ISSICN RESOLUTIOO NO. 2233 _...- . -'-~