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Home My WebLink AboutResolution 2237 Levying and assessing SID 595, water mains in Wheat Commercial Subd: 10-29-80 149 ffi.flISSICN RESOLUTION 00. 2237 A RF$LUTICN CF THE ~-tlISSICN CF THE CI1Y OF IDZEMAN, ~{)NTANA, LEVYIJ\(; AND ASSESSI~ A SPECIAL ASSES~ OF TAXES UFCN AIL THE PROPER1Y IN SPECIAL IMPR.O\1EMENI' DISIRIcr NO. 595 IN 1HE CI1Y OF IDZEMAN, OJUN'IY OF GALlATIN, STATE CF M:NI'ANA, 10 DEFRAY THE msr OF CI:NSTRlITING AND MAKINJ THE IMFROlEMENTS WITHIN SAID SPECIAL IMFROVEMENT DISTRICT !'D. 595. I WHEREAS, the City COttnrlssion of the City of Bozeman, did on the 26th day of April, 1978, duly and regularly pass COrrnrlssion Resolution No. 1967 entitled: CI:MvITSSION RESOLUI'ICN I'D. 1967 A RESOLurICN CF THE CITY (Q-tllSSICN CF THE CITY OF IDZEMAN, ~()NTANA, DECIARl~ IT TO BE THE INTENTION OF THE CITY OF &>ZEMAN, M:NrANA, TO rnEATE A SPECIAL IMffiO\lEMENT DISTRlCT TO BE KNG\1N AS SPECIAL IMPROVEMENT DISTRICT NO. 595 FCR TIlE PURIDSE OF <XNSTRlITIOO AND INSTALIATICN OF A WATEEMAIN AND APPlRTF.N.AN::ES TO SERVE THE ADJOININJ PRCPERI'IES AND M)RE SPECIF ICAlLY IESCRIBED AS FOLL<:'MS: A SIX (6) INGI WATER MAIN AND APPutrENAN::ES 00 NJRTI-WX)D [RIVE IN WiEAT SJBDIVISICN IN THE CITY OF IDZEMAN, M)NTANA. TIlE CI:NSTRlITIOO AND INSTALIATIOO OF THE WATER MAIN TO I~UDE AlL TREN::H EXCAVATICN AND BACKFIu', BEDDI~ MJ\TERIAL, CAST IRON WATER MAIN, VALVES, FI'ITINGS, HYIRANTS, SERVICE LINE S'IUBS, AND 0lHER NECESSARY APPlRTENAr-LES. and thereafter, after due and legal proceedings, the CGnnrlssion of the City of Bozeman did on the 17th day of ~~y, 1978, duly pass COrrnrlssion Resolution No. 1983 entitled: crMv1ISSIOO RESOLUTICN 00. 1983 A REroLUTICN CF THE CI1Y CIMllSSICN CF THE CI1Y OF FOZEMAN, ~()NrANA, rnEATI~ A SPECIAL IMffiCJVEMNr DISTRICT TO BE KNG\N AS SPECIAL IMPROVE- r..ENT DISIRICT 00. 595 OF THE CITY OF FOZEMAN FOR TIlE PtRroSE OF CDN- STRlITICN AND INSTALlATICN OF A WATER MAIN AND APPLRIENAN::ES TO SERVE TIlE ADJOININJ PRCPERTIES AND M)RE SPECIFICALLY DESCRIBED AS FOu.cws: A SIX (6) INGI WATER MAIN AND APPrnTENAN:ES CN N:RTHWXD IRIVE IN \\HEAT SUBDIVISICN IN THE CITY OF IDZEMAN, ~()NrANA. THE CDNSTRUCTION AND IN- STALlATICN CF THE WATE.R.1AIN 10 I~UDE AIL TRENCH EXCAVATIoo AND BAO<FIlL, BEDDIffi ~,"TERIAL, CAST IRQ'\1 WATER M~.IN, VALVES, FITI'I!\n3, HYIRANTS, SERVICE LINE S'IUBS, AND 01.BER NEX:ESSARY APPUITENAN:ES. I which CArnnission Resolution Nos. 1967 and 1983, 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 ~~EREAS, said improvements as contemplated in said Commission Resolution Nos. 1967 and 1983 have been constructed and completed in accordance with the terms and conditions of COmmission Resolution Nos. 1967 and 1983, and the cost of said improvements so constructed is the sum of Forty-Thousand and No/I00 ($40,000.00) 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 amendments thereto: BE IT RF....soLVED AND IT IS HEREBY cmERED BY THE (llflllSSICN OF TIlE CITY OF BOZEMAN, STATE OF M:NI'AM\ Sect ion 1. That to defray the cost and expense of constructing and n:aking the inprovements in said Special Improvement District No. 595, there be, and there is hereby levied and assessed a tax ammnting to the sum of Forty-Thousand and No/lOO ($40,000.00) Dollars upon all the property in said Special Improvement District No. 595, 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 irrr provements and the atmunt of each part i al payment to be made and the day men the sarre shall be delinquent is set forth in detail in the assessment list hereto attached, marked SChedule nAn, and made a part hereof; that the several sums set opposite the narres of the owners and the I 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 n:aking the irrprovernents within 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 nAn, as required by law; that the payment of said sums shall be made in 20 installments and the payment of said installment shall extend over a period of 19 years; that the payment of the respective annual installment shall be rrade on or before the 30th day of C(MIAISSICN RESOLUTION NO. 2237 --.--..... --- __no -.. --.--...- . __.u__ ___.._ 150 November of eaCh year until payment of all installrrents 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 fai lure to pay suCh assessrr.ents men the same becorre due and payable shall make such per- sons and said lots and parcels of land liable to the penalties provided by law relative to delinquent taxes. Section 2. That the regular session of the C..oornission of the Ci ty of fuzeman to be held in I the COrrrrrlssion 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 sarre is hereby designated as the time and place at v.hich objections to the final adoption of this Resolution will be heard by said COrrrrrlssion. Section 3. That the Clerk of the O:mnission of the Ci ty of fuzeman be, and she is hereby ordered and directed to publish in the Bozeman Dai ly Olronicle, a dai ly 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 assessrr.ent of taxes to defray the cost and expense of construct ing and rmking the improvements in the said Special Irrprovement District No. 595 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 v.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 Commission for the hearing of objections and the final adoption of this Resolution. Provisionally passed and adopted by the C-oomission of the Ci ty of Bozeman at a regular session thereof held on the 29th day of October, ~ ~ ... ~ Mayor ATTEST: f /~& I ;/n?L/ . ., .:--Z . (. Clerk of the City COmmiss. Finally passed and adopted by the Commission of the Ci ty of fuzeman at a regular session thereof held on the 5th day of November, 1980.~ _~~_~I Mayor ATTEST: /1 NOTICE ------ HEARne, FINAL ADOPrIQ'\/ CF ro,fI.rrSSICN REOOLUI'ICN r-D. 2237 lEVYIN} AND ASSESSI~ SPECIAL IMPReJ\lEMrnI' DISTRICT NO. 595 CITY CF BOZEMAN FCR THE PlRFOSE CF QJNSTRlCTION AND INSTALLATICN CF A WATER MAIN AND APPtRTENANCES 10 SERVE !HE ADJOINING PROPERTIES AND MJRE SPECIFICALLY DESCRIBED AS FOLLCW3 : A SIX (6) urn WATER MAIN AND APPtRTENAN"YS CN NCR'TI-WX)D DRIVE IN \\HEAT SUBOIVISIQ'\/ IN THE CITY CF BOZEMAN, ~mrANA. THE crnSTRlCI'ION AND INSTALLATION CF THE WATER MAIN TO IN:LUDE ALL TRF..NA! EXCAVATION' AND BACKFILL, BEDDI~ MATERIAL, CAST IRON WATER MAIN, VALVES, FITTINGS, HYrnANTS, SERVICE LINE SIUBS, AND arHER NECFBSARY APPtRTENAN:::ES. NOTICE IS HEREBY GTVEN, that at a regular session of the Commission of the City of fuzeman, I held on the 29th day of October, 1980, COmmission Resolution No. 2237 was provisionally passed and adopted: That said Commission Resolution levies and assesses Special Irrprovernent District No. 595, in said City, to defray the cost and expense of constructing and making the improve- ments wi thin said di strict, to wi t: The boundaries of said Special Improvement District No. 595 are described as follows: A tract of land being a portion of that tract of land shown on Certificate of Survey No. 391, being located in the Northeast One-Quarter of CXJv1MISSIC!\T REOOLUI'ICN NO. 2237 ... -.-- ----. -...- --. --- -. ..-...--.- .-.- . 151 Sect ion One, Township Two South, Range Five East, M:mtana Principal Meridi an, Gallatin Q>unty, Mmtana, and being further described as follows: Beginning at the Northwest corner of said Northeast One-Quarter. Thence North 87033'22" East along the North line of said Northeast One-Quarter a distance of 789.94 feet. Thence South 01051' 08" East a di stance of 339.57 feet. Thence North 88028'56" East a distance of 302.78 feet to a point on the Westerly right of way of U.S. Highway No. 10. Thence South 01003' 32" East along said Westerly right of way a distance of 248.35 feet to a point on the Northerly right of I way of Interstate Highway 90. Thence South 81015'43" wes.t along said Northerly right of way a distance of 720.78 feet. Thence continuing on said Northerly right of way along a 4187.50 foot radius curve to the right, the tangent \\hich bears North 72026'35" West, through a central angle of 5039'41" for an arc distance of 413.77 feet to a point on the West line of said Northeast One-Quarter. Thence North 0049'44" West along said West line a distance of 511.45 feet to the Point of Beginning. Said tract being 13.223 acres along with and subject to any existing easements. That, said Carrnrlssion Resolution No. 2237 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. That 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 CGanUssion Roan in the City Hall Building of said City has been designated as the time and place Where the said CAVnrlssion will hear and pass upon any and all objections that may be made to the final adoption of said Resolution No. 2237 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 Resolut ion No. 1967 declaring it to be the intention of the CGanUssion to create Special Improvement District No. 595 and COmmission Resolution No. 1983 creating Special hnprovement District No. 595 for the purpose of construction and installation of a water main and appurtenances to serve the adjoining properties and more speci fically described as follows: A six (6) inch water rrain and appurtenances on Northwood Drive in Wheat Subdivision in the City of Bozeman, MOntana. The construction and installation I of the water rrain to include all trench excavation and backfill, bedding material, cast iron water main, valves, fittings, hydrants, service line stubs, and other necessary appurtenances. Dated the 29th day of October 1980. IZ/+v- // Z~ ."'/" ".' t..rCL.-r-- ,. ,. .',,- ~~.. L ERNA V. HARDING .. Clerk of the Ci ty Ccnrnission State of MOntana ) County of Gallatin: Ci ty of Bozerran ) I, Fxna V. Harding, Clerk of the COmmission of the City of Bozeman do hereby certify that the foregoing Resolution No. 2237 was published by nunber and title in the Bozeman Daily Ou-onic1e, 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 ITo/ office. IN WI'INESS w--IEREX:F I hereunto set ITo/ hand and affix the corporate seal of my office this 10th day of Novenber. 1980. ,;::/ ~.~ U~-d--- t? <<!----d .. =/ Clerk of the City Cannissi n I State of Montana ) Coun ty 0 f Ga 11 a tin : Ci ty of Bozetmn ) cr::MAISSICN RESOLUTICN NO. 2237 . _..__ ...n . - -..--...".-.. ..- -" ".,,-..- .. - ..- . -------...- _..__ n. .__. .__.__._.u_ --152 I, Erna V. Harding, Clerk of the CAXUnission of the City of Bozeman do hereby certify that the foregoing Notice was published at length in the Bozeman Daily Chronicle, a newspaper of gen- eral 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 ITlf office. IN WITNESS mmECF I hereunto set ITlf hand and affix the corporate seal of my office this 10th day of November, 1980. .:/ ~~ I ?/~~~ / ~ .' ( Clerk of the City C ssion I I CXM1ISSICN RESOLUl'ICN NO. 2237 -.-. -- ._"~,,.- -..--."...-