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Home My WebLink AboutResolution 2239 Levying and assessing SID 597, sanitary sewer in Wheat Commercial Subd: 10-29-80 --.- - ...~-~.,,~-_..~. -.-..-.-.....-. -~---_._. --..-..- 157 m.~lISSIOORE3)LUTICN NO. 2239 A RFSOLUTICN CF THE ro,.flISSICN CF THE CITY CF IDZEMAN, MJNTANA, LEVYIN] AND ASSESSI~ A SPECIAL ASSESSMENT CF TAXES U:fa\l AIL THE PROPERTY IN SPECIAL IMffiOJEl1ENT DISTRICT NO. 597 IN THE CI'IY CF IDZEMAN, ())UNlY OF GALlATIN, STATE CF MNI'ANA, 10 DEFRAY THE COST OF <DNSTROCfING AND MAKIN:; THE IMPROJEMENTS WITHIN SAID SPECIAL IMffiOVEMENT DISTRICT f\[). 597. I WHERF~S, the City Cbrrnrlssion of the City of Bozeman, did on the 26th day of April, 1978, duly and regularly pass COrrnrlssion Resolution No. 1969 entitled: <D-tlISSICN RESOLUTION NO. 1969 A RESOLUTICN CF THE CITY cr:MMISSICN CF THE CI'IY OF IDZEMAN, tl1)NTANA, DECIARINJ IT TO BE THE INTENTIOO CF THE CITY CF BJZEMAN, MNrANA, 10 CREATE A SPECIAL IMfROlR1ENT DISTRICf TO BE KNCW\1 AS SPECIAL IMPRCNEMENT DISTRICT NO. 597 F(R THE PffiroSE OF crnSTROCfICN AND INSTALIATICN CF SANITARY SaVER MAINS AND APPlRTENANCES TO SERVE THE ADJOINIl'C PRCFERTIES M:RE SPECIFICAILY AS FOlLCMS: AN EIGHT (8) INCE lATERAL MAIN AND AP- PlRTENAOCFB IN w-IEAT rofF..RCIAL SUBDIVISICf\T, A LIFT STATICN AND A FORCE MAIN IN MANDEVIUE LANE. THE <DNSTRUCTICN AND INSTALIATICN TO INa..UDE ALL IR.EN:::H EXCAVATICN AND BAa<FIU-" BEDDINJ MATERIALS, SEWER PIPE, MANIDLES, WYES, IAMIHOLES, SERVICE LINES AND OTHER NECESSARY APPUR- TENANCES. and thereafter, after due and legal proceedings, the CAXITnission of the City of Bozeman did on the 17th day of ~~y, 1978, duly pass COrrnrlssion Resolution No. 1980 entitled: c:n.wSSICN RESOLUTICN NO. 1980 A RESOLUTICN CF THE CITY cnfAISSICN CF THE CITY OF IDZEMAN, ~'{)NTANA, CREATU..x:; A SPECIAL IMFROJEMENI' DISTRICT TO BE KNG\N AS SPECIAL IMPROVE- ~NT DISTRICT 00. 597 CF THE CITY CF IDZEMAN FOR THE PlRroSE CF (I)N- SIRlCfICN AND INSTALIATICN CF SANITARY SEWER MAINS AND APPlRTENAN:ES 1'0 SERVE THE ADJOININJ FRCPERTIFB AND ~'{)RE SPECIFICALLY DESOUBED AS FOu..<w3: AN EIGI-IT (8) IrnI LATERAL MAIN AND APPl1RI'ENAN::ES IN \\HEAT CXMv1ERCIAL SUBDIVISICN, A LIFT STATICN AND A FORCE MAIN IN MANDEVIUE lANE. 'TIlE CD'ISIROCfICN AND INSTALLATICN TO INCLUDE AIL 'I'R.EH:1-I EXCAVATICN AND BAa<FIlL, BEDDIN] MATERIAL, SEWER PIPE, MANfDLES, WYES, lAMFHOLES, I SERVICE LINE STUBS, AND orHER NECESSARY APPlRI'EN~S. whiCh COmmission Resolution Nos. 1969 and 1980, 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 improverrent to be constructed therein, the cost of said improve- rrents and the rrethod of assessing the cost against the property within said district; and NIERFAS, said irrproverrents as contmplated in said COmmission Resolution Nos. 1969 and 1980 have been constructed and completed in accordance with the terrrs and conditions of COmmission Resolution Nos. 1969 and 1980, and the cost of said improvements so constructed is the ~ of Sixty-Four Thousand Four Hundred Seventy-Nine and Thirty-Three/100 ($64,479.33) Dollars. NOW, THEREFORE, pursuant to the provisions of Section 7-12-4201 and Section 7-12-4223, and all other applicable provisions of Ti tIe 7, M.C.A., and arrendrrents thereto: BE IT RESOLVED AND IT IS HERmY aIDERFD BY THE a::MlISSICN CF THE CITY OF OOZEMAN, STATE CF M:NrANA Sect ion l. That to defray the cost and expense of constructing and rraking the inproverrents in said Special Inprovement District No. 597, there be, and there is hereby levied and assessed a tax annunt ing to the sum of Sixty-Four Thousand Four Hundred Seventy-Nine and Thirty-ThreellOO ($64,479.33) Dollars upon all the property in said Special Lmprovement District No. 597, 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 improvements and the amount of each partial pay- ment to be made and the day when the same shall be delinquent is set forth in detail in the assessrrent list hereto attaChed, rmrked Schedule "A", and made a part hereof; that the several I 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 inproverrents within said District; that the several sums so assessed be collected fran the respective own- ers of said lots and parcels of land described in said assessrrent list, Schedule nAil, as required by law; that the payrrent of said sums shall be made in 20 installrrents and the payrrent of said installrrent shall extend over a period of 19 years; that the payrrent of the respective (XMIlISSICN RESOLUTIOO NO. 2239 . __n___ .-..-. .- .---..---- . - - ._.~...__._- --- -.-- -.---- . ....-- -.--- .~.~~- . _."~."..__.,,._._.- . n .... n. _....._ u._.....".. -158 annual ins tallrrent shall be rrade on or before the 30th day of Noverrber of each year unt il pay- ment of all installments together with the interest thereon, shall be made; that said sums shall be paid and the collection thereof shall be rrade in the rranner and in accordance with the law governing the collection of special improvement taxes; that failure to pay such assessrrents men the same becane due and payable shall rrake such persons and said lots and parcels of land liable to the penalties provided by law relative to delinquent taxes. I Section 2. That the regular session of the Ccmnission of the City of Bozeman to be held in the COmmission 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 mich objections to the final adoption of this Resolution will be heard by said Carrnrlssion. Sect ion 3. That the Clerk of the Ccmnission of the Ci ty of Bozeman be, and she is hereby ordered and directed to publish in the Bozemm Daily Chronicle, a daily newspaper printed and published in the said City of Bozeman, a notice signed by the Clerk of the lAXITnission and stating that a Resolution levying and assessing a special assessment of taxes to defray the cost and expense of constructing and making the improvements in the said Special hnprovement District No. 597 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 mich objections will be heard by the Cammission 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 COmmission of the City of Bozeman at a regular session thereof held on the 29th day of OctObe"1~r~~ Mayor ATTEST: -' ~ ~~ I r?:- /0YZ<r --" ~- ..~_. Clerk of the City Commissi Finally passed and adopted by the Ccmnission of the City of Bozeman at a regular session thereof held on the 5th day of Novmber, 19BooL ~ [ * Mayor ATTEST: t;;;nA/ // ~:Z Clerk of the Ci t~ Carrni sion NOTICE ------ HEARING, FINAL AOOPTICN CF a:M\1ISSICN RESOLUTIct'1 00. 2239 l.EVYI~ AND ASSESSIffi SPECIAL IMPROVEMENT DISTRICT NO. 597 CITY CF OOZFMAN FCR THE PtRR)SE Qi' CDNS1RUCTI(]\J AND INSTALLATICN CF SANITARY SEWER ~1<\INS AND APPURTENAN::E;S TO SERVE '!HE ADJOINING PROPERTIES ArID MRE SPECIFICAlLY DESCRIBED AS FOI.J..CW3: AN EIGIT (8) IN.::H IATERAL MAIN AND APPlRTENAN:ES IN \<\HEAT CXMAERCIAL SUBDIVISION, A LIFT STATION AND A FCRCE MAIN IN M6NDEVIILE LANE. THE CDNSTRUCTION AND INSTALLATIQl\f TO IN:LUDE ALL TRENG-I EXCAVATION AND BAO<FILL, BEDDIl'C MATERIAL, SFYER PI PE, MANHOLES, WYES, lAMffiOLES, SERVICE LINE SIUBS, AND OTHER NECESSARY APPtRTENAOCES. NOTICE IS HEREBY GTVEN, that at a regular session of the COmmission of the City of Bozeman, I held on the 29th day of October, 1980, Commission Resolution No. 2239 was provisionally passed and adop t ed: That said Camanssion Resolution levies and assesses Special hnprovement District No. 597, in said City, to defray the cost and expense of constructing and making the improve- ments within said district, to wi t : The boundaries of said Special hnprovement District No. 597 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 (XMIlISSI(~ REffiLUTICN NO. 2239 - .--. -_._~.. ..-- --.- --- ----.- -.--.. --.-. - . -..-...-. .. .. .--... .-. . ~ " no. __~_' ._.... _ .. _ __ __ _. ._.. ._.._ _._.._ ..___'__.______~.~____.__...__ ._____....._.. __'_'____.___'_.__'_______"__"_..,_"___.._'__._~_,._ .__..,u'_'___". .___...__ 159 Sect ion One, Township Two South, Range Five East, M:mtana Principal Meridian, Gallatin County, Mmtana, and being further described as follows: Beginning at the Northwest corner of said Northeast One~arter. 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 distance 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" West 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 72026135" 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 COrrnrlssion Resolution No. 2239 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 COmmission Roam in the City Hall Build- ing of said Ci ty has been designated as the time and place Vlhere the said ('>Cnrnission wi 11 hear and pass upon any and all objections that may be made to the final adoption of said Resolution No. 2239 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 ('AXnTIission Resolution No. 1969 declaring it to be the intention of the Carrnrlssion to create Special hnprovement District No. 597 and Commission Resolution No. 1980 creating Special Lnprovement District No. 597 for the purpose of construction and installation of sanitary sewer mains and appurtenances to serve the adjoining properties and rrore speci fically described as follows: An eight (8) inch lateral main and appurtenances in Wteat Comnercial Subdivision, a lift station and a force main in Mandeville Lane. The construction and installation to include all trench excavation and backfill, bedding material, sewer pipe, I manholes, wyes, 1 arrpholes, service line stubs, and other necessary appurtenances. Dated the 29th day of October, 1980. c?~~ / :;1/5 ERNA V. HARDI Clerk of the City commission State of MOntana ) County of Galla tin: Ci ty of Bozeman ) I, Erna V. Harding, Clerk of the COrrnrlssion of the City of Bozeman do hereby certify that the foregoing Resolution No. 2239 was published by number and ti t Ie in the Bozeman Dai ly Olronic1e, 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 ~ office. IN WI1NESS WiER.EX:F I hereunto set my hand and affix the corporate seal of my office this 10th day of November, 1980. I, .~ ~ & ~~ /1::~<--" F /? ~ . l Clerk of the City C .ssion State of MOntana ) County of Gallat in : I Ci ty of Bozeman ) I, Erna V. Harding, Clerk of the Commission of the City of Bozeman 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 30th day of October, 1980, and due proof of suCh publication is on file in ITo/ office. aMvlISSICN RESOLUTIQ\1 NO. 2239 _____..__.__._..._...u ___________.... - - - __.__ ,,_ _.______._______.___.__ _.__ __n_u_._..._ __. _~ __... __.~_ ~_ .._ _ _ .._ -160 IN WITNESS mERECF I hereunto set my hand and affix the corporate seal of my office this 10th day of Novmi>er. 1980. /~ . J:"d;n:.,~ / d'" -~ Clerk of the City . sion I I I cr::MlISSICN RESOLUTION 00. 2239