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HomeMy WebLinkAboutResolution 2238 Levying and assessing SID 596, sanitary sewer in Wheat Commercial Subd: 10-29-80 ..- - . -.-- .- ._,,_. 153 CThMISSICN REOOLUTION ro. 2238 A RE.5OLUTICN CF THE <J:MIAISSICN CF THE CITY CF roZEMAN, M)NTANA, LEVYIN3 AND ASSESSING A SPECIAL ASSESSv1FNI' CF TAXES UFCN AIL THE PROPERTY IN SPECIAL IMPROOMEr-rr DISIRIcr NO. 596 IN THE CITY CF roZU1AN, mUNlY OF GALlATIN, STATE CF M:NrANA, 1'0 DEFRAY THE CDST CF CONSIRtcrING AND MAKING THE IMPROlEMENI'S WITHIN SAID SPECIAL IMPROJEMENT DISTRlcr NO. 596. I WHEREAS, the City C.amrlssion of the City of Bozeman, did on the 26th day of April, 1978, duly and regularly pass COnnUssion Resolution No. 1968 entitled: a:uvrr SSI CN RESOLUT IeN NO. 1968 A RES)LUTICN CF THE CI1Y m~lISSICN CF THE CITY OF roZEMAN, M)NTANA, DEClARll\G IT TO BE THE INTENTION CF THE CITY OF BOZR1AN, M:NTANA, TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNG\7N AS SPECIAL IMPROJEMENT DISTRICT NO. 596 FCR THE PURR)SE OF CONSTRlcrICN AND INSTALLATION CF SANITARY SEWER MAINS AND APPT.RT~ TO SERVE THE ADJOINING PRCPERTIES MEE SPECI F ICAlLY AS FOLLCW3: A TWELVE (12) INO-I MAIN AND APPlRTENMCES UNIER THE rnITHERN PACIFIC RAILWAY, AN EIGfI' (8) Il'D-I MAIN AND APPtR- TENAN::ES CN MEAlXW LANE, OOurn: 1'0 GRIFFIN [RIVE, AND ON GRIFFIN DRIVE IN THE CITY CF roZEMAN. THE CONS'IRI.CTICN AND INSTALIATIQ'\I 1'0 IN:l..UDE ALL TRENO-I EXCAVATICN AND BACKFILL, BEDDING MATERIAlS, S.E\\ER PIPE, MANJDLES, WYES, IAMFHOLES, SERVICE LINES AND OIHER NEC:ESSARY APPtRTENA~. and thereafter, after due and legal proceedings, the COmmission of the City of Bozeman did on the 17th day of ~~y, 1978, duly pass COnnUssion Resolution No. 1979 entitled: ITMlISSICN RESOLUl'ICN NO. 1979 A RES)UITICN CF THE CITY ITMvlISSICN CF THE CITY OF roZU1AN, M:>NI'ANA, CREATIl\X] A SPECIAL lMFRCJ\lEMNr DISTRICT 1'0 BE KN~ AS SPECIAL IMPROVE- MENT DISTRICT ro. 596 CF THE CITY CF roZEMAN FOR THE PlRPOSE CF CON- STRtcrICN AND INSTALLATICN CF SANITARY SEW!.R MAINS AND APPlRIENMrnS 1'0 SERVE '!HE ADJOINI!\[; PRCPERI'IES AND ~{)RE SPECIFICALLY DESCRIBED AS FOI.J...G\S: A TWELVE (12) INC1-I MAIN AND APPlRI'ENMrnS UNIER THE rnITHERN PACIFIC RAILWAY, AN EIGIT (8) IN:H BAIN AND APPffiTENAOCES CN ~EAIXW IANE, SOUTH 'IO GRIFFIN DRIVE, AND 00 GRIFFIN [RIVE IN THE CI'lY CF OOZEMAN. THE CDNSIRIJCrICN AND INSTALlATICN 'ID IN::LUDE ALL 'IR.EN::H EXCAVATION AND I BACXFILL, BEDDING MATERIAL, S&.ER PIPE, MANlDLES, WillS, I.AMlH)I.ES, SERVICE LINE SIUBS, AND OTHER NECESSARY APPtRTEJ.W.CES. which COmmission Resolution Nos. 1968 and 1979, 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- rrents and the method of assessing the cost against the property within said district; and WHERF~S, said improvements as contemplated in said CArOTIission Resolution Nos. 1968 and 1979 have be~~ constructed and completed in accordance with the terms and conditions of COmmission Resolution Nos. 1968 and 1979, and the cost of said improvements so constructed is the srnTI of One-Hundred-Five Thousand and No/I00 ($105,000.00) 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 RFS)LVED IWD IT IS HERFBY CIDERED BY THE a::M.nSSICN (Ii' THE CITY (It' OOZEMAN, STATE CF M:NI'ANA Sect ion 1. That to defray the cost and. expense of constructing and rraking the improvements in said Special Improvement District No. 596, there be, and there is hereby levied and assessed a tax amounting to the ~ of One-Hundred-Five Thousand and No/100 ($105,000.00) Dollars upon all the property in said Special Improvement District No. 596, and that a particular description of each lot and parcel of land with the name of the owner and the srnD assessed against him or it for such improvements and the armunt of each part i al payrrent to be made and the day men the sarre shall be delinquent is set forth in detail in the assessment list hereto attached, marked I Schedule "A", and made a part hereof; that the several sum 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 i~ovements 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 assessment list, Schedule "A", 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 made on or before the 30th CThMISSICN RESOWTICN NO. 2238 __.. ._u --.---... - --.. - ..--. -. -- ~_. -..-- .-- 154 day of NoveITber of eaCh year until payttent 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 rranner and in accordance with the law governing the collection of special improvement taxes; that failure to pay suCh assessments men the same becorre due and payable shall make suCh per- sons and said lots and parcels of land liable to the penalties provided hy law relative to delinquent taxes. Section 2. That the regular session of the Commission of the City of Bozeman to be held in I the COmmission Chronber 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 Camrrrlssion. Section 3. That the Clerk of the Connrlssion of the City of Bozeman be, and she is hereby ordered and directed to publish in the Bozeman Daily Olronicle, a daily newspaper printed and published in the said City of Bozeman, a notice signed by the Clerk of the lAXnTIission and stating that a Resolution levying and assessing a special assessment of taxes to defray the cost and expense of constructing and rr:aking the improvements in the said Special Improvement District No. 596 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 he 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 lAXnTIission of the Ci ty of Bozeman at a regular session thereof held on the 29th day of October, 19 ATTEST: r /~ I ..---::: :7 (- · /i- ~L.' .... - / c. ..'.A Clerk of the Ci\y C . sion Finally passed and adopted by the lAXnTIission of the City of Bozeman at a regular session thereof held on the 5th day of November, 1980. Mayor ATTEST: /~~ /~~ //~ '.'. Clerk of the Ci ty' Canni s . on NOTICE ------ HEARlI\X:}, FINAL ADOPTICN CF Cll,fl/1!SSICN REg)LUTICN roo 2238 LEVYII\X:} AND ASSESSIf\[; SPECIAL IMPROVEMENT DISTRICT NO. 596 CITY CF EOZEMAN FeR THE PtRR)SE (Ii' CDNSTRUCTICN AND INSTALLATICN CF SANITARY SEWER MAINS AND APPlRTFNAN:ES 10 SERVE THE ADJOINING PROPERTIES M:RE SPECIFICAlLY AS FOLI1':W3 : A TWELVE (12) IN:11 MAIN AND APPffiTENAOCFS UNDER THE N:RTHERN PACIFIC RAILWAY, AN EIGHT (8) INOl MAIN AND APPlRTENMl:ES CN MEAI0\7 IANE, SOUTH 10 GUFFIN IRIVE, AND CN GUFFIN IRIVE IN THE CITY CF EOZEMAN. mE ((tIlSTRUCTION AND INSI'ALIATIO\J 10 INQ..UDE AIL TRENOl EXCAVATI(t\f AND BACKFIlL, BEDDIN:T MATERIAlS, SEWER PIPE, MANI-DLES, WYES, LAMFHJLES, SERVICE LINF..5 AND OIHER NECESSARY APPlRI'ENAl'l:ES. I NOTICE IS HEREBY GIVEN, that at a regular session of the CArrrnission of the City of Bozeman, held on the 29th day of October 1980, Cannission Resolution No. 2238 was provisionally passed and adopted: That said Connrlssion Resolution levies and assesses Special Improvement District No. 596, in said City, to defray the cost and expense of constructing and making the improve- ments within said district, to wit: The boundaries of said Special llnprovement District No. 596 are described as follows: Beginning at the Northeast corner of the McOlesney Annexation a CI1vf,1ISSICN RESOLUTICN NO. 2238 . --- .. ... - _._~--_._~-- -'..--'. ...~_..- - ------~~. -~.-.- -.- --.--- 155 point on the North line of Section One. Township Two South. Range Five East. M.P.M.. Gallatin County. said point being South 87033'22" West a distance of 275.10 feet fram the Northeast corner of said Section One. thence South 01011'44" East a distance of 1.254.44 feet to a point on the Northerly right of way of Highway 1-90. Thence along said right of way through the following courses. North 74041'17" West a distance of 269.11 feet; North 54058'09" West a I distance of 850.30 feet; North 74041'17" West a distance of 16.00 feet; to a point on the Easterly right of way of U.S. Highway 10. Thence along Easterly right of way through the following courses: North 00053'40" West a distance of 61.00 feet; North 10055'24" West a distance of 248.00 feet; North 00053'40" West a distance of 343.72 feet to the North line of Section One and East right of way of U.S. Highway 10. Thence South 87033'22" West a distance of 105.8 feet to intersection of the North line of said Section One and West right of way of U.S. Highway 10. Thence South 87033'22" West a distance of 489.75 feet along said North section line of Section One. Thence South 01051'08" East a distance of 339.57 feet. thence North 88028'56" East a distance of 302.78 feet to the West right of way of U.S. Highway 10, thence South 01003'32" East a distance of 248.35 feet to North right of way of Highway 1-90. Thence along said right of way South 81015'43" West a distance of 720.73 feet thence along a 4187.50 foot radius curve to the right. having a tangent bearing of North 72026'35" West through a central angle of 5039'41" for a length of 413.77 feet. thence leaving said right of way. North 00049'44" West a distance of 540.15 feet to center line of Griffin Drive. Thence along said center line North 88002'20" East a distance of 1485.19 feet to East right of way of U.S. Highway 10. Thence along said right of way North 00053'40" West a distance of 43.02 feet to North line of McChesney Annexation. Thence along said property line North 88010'23" East a distance of 813.83 feet to a point. Thence North 00014'2311 West a di stance of 673.26 to Northwest property corner of Schaefer-Jursnick Annexation. Thence North 89045'00" East a di stance of 230.14 feet. Thence South 00014'40" East a distance of 672.18 feet to center line of Griffin Drive. Thence South 89008'00" West a distance of 45.00 to the point of beginning. Included wi thin the above described bO\mdary are the McOlesney Annexation. Shaefer-Jursnick Annexation. and \\heat C'..anrercial Subdivi sion. That. said Commission Resolution No. 2238 is now on file in the office of the Clerk of the I 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 Camarlssion Roam in the City Hall Build- ing of said Ci ty has been designated as the time and place mere the said C..ammission wi II hear and pass upon any and all objections that may be made to the final adoption of said Resolution No. 2238. 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. 2126 declaring it to be the intention of the COmmission to create Special Lmprovement District No. 596 and Commission Resolution No. 2126 creating Special hnprovement District No. 596 for the purpose of construction and installation of sani tary se\\er rrains and appurtenances to serve the adjoining properties rmre sped fically as follows: A twelve (12) inch rrBin and appurtenances under the Northern Pad fic Rai lway. an eight (8) inch rrain and appurtenances on Meadow Lane, South to Gri Hin Drive. and on Griffin Drive in the City of Bozeman. The construction and installation to include all trench excavation and backfill. bedding rraterial. sewer pipe. manholes. wyes. lampholes. service lines and other necessary appurtenances. Dated the 29th day of October. 1980. ~~~& /' / [' ~~ I!AlUJI~ ua I Clerk of the Ci ty Camrission State of Mbntana ) _ County of Gallatin: Ci ty of Bozerran ) I. Erna V. Harding. Clerk of the C'--cmnission of the City of Bozeman do hereby certify that the foregoing Resolution No. 2238 was published by nunber and ti tle in the Bozerran Daily Ou-onicle. ro,tifiSSIrn REOOLUTICN NO. 2238 -.-- _.~~~- ,.-.- ---- - - ---- - --- - --- . .-- .-- ..-~...,._-- ..'.'.- ...-- -roo. -156 a newspaper of general circulation printed and puhlished 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 WI1NESS w-IER.B:F I hereunto set rnJ hand and affix the corporate seal of my office this 10th day 0 f Noverroer, 1980. (/..-"4 g~ d~'7 .... ' I ( Clerk of the City Comm(ssion State of ~1ontana ) County of Gallatin: Ci ty of Bozeman ) I, F.rna V. Harding, Clerk of the ('AXItnission of the Ci ty of Bozermn do hereby certify that the foregoing Notice was published at length in the Bozemm Dai ly Olronicle, a newspaper of gen- 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 \^HERECF I hereunto set my hand and affix the corporate seal of my office this 10th day of November, 1980. ;:<~ /$~ Clerk of the City ssion I I cnfv1ISSICN RESOLUI'IO\T NO. 2238 ._-,. _'._U -... -- . .. ..-- .. -".-. . - ~,. .'.