HomeMy WebLinkAboutResolution 2233 Levying and assessing SID 591, water trunk, Rouse and Griffin Drives: 10-29-80
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<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
-
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-- - - - ---
.-- --- .- ---
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
_...- . -'-~