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HomeMy WebLinkAboutResolution 2126 Creates SID No. 596 - ----..................,.........- ,,---.......~~--..........-_._---- --- _._~~~.._~.~ .--------------..-- ..~~--~.._..._-~ ~.__.__.~...~~----_. 368 <llvMISSION RE3)LUTION 00. 2126 A RE3)LUTICN OF THE <llvMISSICN OF THE CI1Y OF roZEMAN, M:>NI'ANA, LEVYIl'[; AND ASSESSING A SPECIAL ASSESEMENI' OF TAXES UFON AIL THE PROPERTY IN SPECIAL IMPROVEMENI' DISI'RlCT 00. 596 IN THE CITY OF roZEMAN, a:>UNIY OF GALlATIN, STATE OF MJNTANA, TO DEFRAY 1HE msr OF CDNSTRIX::I'ING AND MAKING THE IMPROVEMENTS WITHIN Sl\ID SPECIAL IMPROVEMENI' DISI'RlCT NO. 596. WHEREAS, the City Commission of the City of Bozeman, did on the 26th day of April, 1978, I duly and regularly pass Commission Resolution No. 1968 entitled: <llvMISSION RE3)LUTICN 00. 1968 A REffiLUTION OF THE CITY <llvMISSION OF THE CITY OF roZEMAN, MJNTANA, DEClARINJ IT TO BE 1HE INIENI'Irn OF IRE CITY OF OOZEMAN, rvrnI'ANA, TO CREATE A SPECIAL IMPROVEMENI' DISIRICT TO BE KNCWN AS SPECIAL IMPROVEMENT DISTRICT 00. 596 FOR 1HE PURFOSE OF cx::NSI'RlITICN AND INSTALIATIrn OF SANITARY SEWER MA.INS AND APPUR'I'ENAl'CES TO SERVE THE ADJOININ:! ffiDPERI'IES M:>RE SPECIFICALLY AS FOu.cw:;: A TWELVE (12) INCE MAIN AND APPURTENMCES UNDER THE l'DRIHERN PACIFIC RAILWAY, AN EIGHI' (8) IN:H MAIN AND APPUR- 'I'ENAl'CES CN MEAIXJ\T LANE, 3)illH TO GRIFFIN DRIVE, AND CN GRIFFIN DRIVE IN THE CITY OF IDZEMAN. TIlE mNSIRUCTICN AND INSTALlATICN TO INLUDE ALL TR.ENGI EXCA.VATI(]IJ AND BACKFILL, BEDDING MATERIALS, SEWER PIPE, MANlDlES, WYES, LAMPHOlES, SERVICE LINES AND OTHER NEX::ESSARY APPURTENANCES. and thereafter, after due and legal proceedings, the COmmission of the City of Bozeman did on the 17th day of May, 1978, duly pass Commission Resolution No. 1979 entitled: <llvMISSI(]IJ RE3)LUTICN 00. 1979 A RE3)LUTION OF THE CITY CIMvlISSICN OF THE CITY OF roZEMAN, M:>NTANA, CREATn~:; A SPECIAL IMPRO\la1ENT DISTRICT TO BE ~ AS SPECIAL IMPROVE- MENT DISTRICT 00. 596 OF 1HE CITY OF OOZEMAN FOR THE PURFOSE OF mN- STRUCTICN AND INSTALlATICN OF SANITARY SEWER MAINS AND APPURTENMCES TO SERVE THE ADJOINING PROPERI'IES AND M:>RE SPECIFICALLY rn.sauBED AS FOu..cws: A 'IWELVE (12) INCE MAIN AND APPURTENMO:S UNDER 1HE OORTHERN PACIFIC RAILWAY, AN EIGHI' (8) INOI MAIN AND APPtJRTENAOCES ON MEAIXW LANE, roml TO GRIFFIN DRIVE, AND CN GRIFFIN DRIVE IN 1HE CITY OF IDZEMAN. THE CDNSIRUCTION AND INSTALlATICN TO IOCLUDE ALL 1REN::H EXCA.VATICN AND BACKFILL, BEDDING MATERIAL. SEWER PIPE, MANHOLES, WYES, I..AM.mOlES, SERVICE LINE STUBS, AND OTHER NECESSARY APPURTENANCES. I . 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 estimated cost of said .. improvements and the method of assessing the cost against the property within said district; and . WHEREAS, said improvements as conterrplated in said Commission Resolution Nos. 1968 and 1979 have been conStructed and completed in accordance with the terrrs and conditions of Commission Resolution Nos. 1968 and 1979, and the estimated cost of said improvements so constructed is the sum of One-Hundred-Five Thousand and No/I00 (105,000.00) Dollars. NOW, THEREFORE, pursuant to the provisions of Section 7-3-4442 and parts 41-42, Chapter 12, Title 7, M.C.A., 1978 and amendments thereto: BE IT REroLVED AND IT IS HEREBY CRDERED BY THE CXMvlISSICN OF THE CITY OF OOZEMAN, STATE OF MNI'ANA Sect ion 1. That to defray the cost and expense of constructing and mudng the improvements in said Special Improvement District No. 596, there be, and there is hereby levied and assessed a tax anDunting to the sum of One-Hundred-Five Thousand and No/lOO (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 sum assessed against him or it for such improvements and the anDunt of each partial payment to be made and the day when the 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 surrs set opposi te the names of the owners and the described lots and parcels of land be, and the same are hereby respectively levied and I assessed upon and against said described lots and parcels of land to defray the cost and expense of constructing and making the improvements within said District; that the several surrs so assessed be collected from the respective owners of said lots and parcels of land described in said assessment list, Schedule "An, 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 payrrent of the respective annual installment shall be rrade on or before the 30th day of November of eaCh year until payment of all installments together with the interest thereon, cx:.rvMISSICN RE3)LUTICN 00. 2126 .._-A._.&__ _~~_~~............".____~~ _~~......_ - :...._~._~._~.. ...____. ._..~..~ _.. _.__.~_..___ ... ..~_.." - .___....._~~._...-.._ ~....~_.. _n.. _ .~...._ ._....... .......... .....~~. ...~ ..._ _. . ~ -- _._-~. ~- .------- ..- -~- ---.- --- --_.__.,--".~-~.,.~-~_._-.~.-...----- -..- ------ ..- ~ ....-.------ ~-- ~._--'- 369 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 same becare 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. I Section 2. That the regular session of the Commission of the City of Bozeman to be held in the COarrrlssion Charrber in the City Hall of said City on the 28th day of November, 1979, 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 Commission. Section 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 Commission and stating that a Resolution levying and assessing a special assessment of taxes to defray the cost and expense of construct ing and making the inprovements in the said Special Inprovement 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 mich 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 Commission of the City of Bozeman at a regular session thereof held on the 21st day of November, 1979. ~ ~ Mayor ATTEST: ~ I ~ff~-~ CI erk of the Ci ty Ccmni s on Finally passed and adopted by the Commission of the City of Bozeman at a regular session thereof held on the 28th day of November, 4- Mayor A1TEST : ~d~/~ . ;Z;~ .. ./ CI erk of the Ci ty CciImi ss . NOTICE ------ HEARING, FINAL AOOPTICN CF <XMAISSlOO REroLUTlOO ro. 2126 LEVYI~ AND ASSESSI~ SPECIAL IMFROVEMENI' DISfRICI' NO. 596 CITY CF OOZEMAN FOR. '!HE PLJRroSE CF (X1\JS'IRocrIrn AND INSTALlATIrn CF SANITARY SEWER MAINS AND APPl.JR.TENAN;ES TO SERVE '!HE ADJOINI~ ffiOPEI{fIES MJRE SPECIFICALLY AS FOLLCWS: A 1WELVE (12) nn-l MAIN AND APPURIENANCES UNDER THE N:RIHERN PACIFIC RAILWAY, AN EIGrr (8) Il'Uf MAIN AND APPURTENAN:ES 00 MEAIOV lANE, s::xJI'H TO GUFFIN IRIVE, AND 00 GRIFFIN IRIVE IN '!HE CITY OF OOZEMAN. '!HE CU\ISJ'RI.crIOO AND INSTALlATIOO TO INCLUDE ALL '!RENCH EXCAVATIOO AND EAa<FILL, BEDDING MATERIALS, SEWER. PIPE, MANIDLES, WYES, l..AMIH)LES, SERVICE LINES AND ornER NECESSARY APPUR'I'ENAl'CES. I NOTICE IS HEREBY GIVEN, that at a regular session of the Commission of the City of Bozeman, held on the 21st day of November, 1979, COmmission Resolution No. 2126 was provisionally passed and adopted:. That said Commission Resolution levies and assesses an estimated Special Lmprovement District No. 596, in said City, to defray the cost and expense of constructing and making the improvements within said district, to wit: The boundaries of said Special Lmprovement District No. 596 are described as follows: Beginning at the Northeast corner of the McOlesney Annexation a point on the North line of Section One, Township'I\vo South, Range Five East, M.P.M., Gallatin County, said point being South 87033 '22" West a distance of <XMv1ISSIOO REroLUTIOO ID. 2126 -_~_~........ ,,_,~,_~."",.,.y.,_____,~.__""""'-"""",_~,. _.,_~,___ __.._..".,~,..___. ~ on _....___. .___~. _.~_~~ .._,.~ ___~ . . ~ - .__--.........~----........... . ..._~........_____.......-.--. .............~_..-.........................................__........._.......,~.~_.~~~ .~,~__ ,_.......-.......~._. __ ....~~ ,..~., 1Ir....~...,~~...__.......'... - "-...---.---.- ................--.......--..-.-------..............---~---.~--.-..........-~.....................,.. -.......-~~~................-..........-_.,.._- ~_...- ---............... .. - - -- -- - -- ..,.. --~. -- . 370 275.10 feet from 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 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 I 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. Th ence 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 McOlesney Armexation. Thence along said property line North 88010 '23" East a distance of 813.83 feet to a point. Thence North 00014'23" West a distance of 673.26 to Northwest property corner of Schaefer-Jursnick Armexation. Thence NOrth 89045'00" East a distance 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 within the above described boundary are the McChesney Armexation, Shaefer-Jursnick Armexation, and \\heat Comrercial Subdivision. That, said Commission Resolution No. 2126 is now on file in the office of the Clerk of the City Commission, subject to inspection for a period of five (5) day~ by any persons interested. That Wednesday, the 28th day of November, 1979, at 1:15 o'clock p.m. of said day at a regular I session of the COmmission of the City of Bozeman, at the COmmission ROom in the City Hall Build- ing of said City has been designated as the tirre and place where the said Commission will hear and pass upon any and all objections that may be made to the final adoption of said Resolution No. 2126, and the levying of a said estimated assessrrent, 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 Cbrrrrrlssion to create Special Improvement District No. 596 and COmmission Resolution No. 2126 creating Special Improvement District No. 596 for the purpose of construction and installation of sanitary sewer mains and appurtenances to serve th~ adjoining properties rrore specifically as follows: A twelve (12) inch main and appurtenan~es under the Northern Pacific Railway, an eight (8) inch main and appurtenances on Meadow Lane, South to Griffin Drive, and on Gri ffin Drive in the Ci ty of Bozeman. The construction and installation to include all trench excavation and backfill, bedding material, sewer pipe, manholes, wyes, larrpholes, service lines and other necessary appurtenances. Dated the 21st day of November, 1979 . ~J/'~~~/ ERNA V. HARDING -- Clerk of the City Commission State of M:mtana ) I County of Gallatin: Ci ty of Bozeman ) I, Erna V. Harding, Clerk of the Comnission of the Ci ty of Bozeman do hereby certify that the foregoing Notice was published at length in the Bozeman Dai ly Chronicle, a newspaper of gen- newspaper of general circulation printed and published in said City, in the issue dated the 22nd day of November, 1979, and due proof of such publication is on file in ITlf office. CXM\1ISSICN REffiLUTI(]\1 00. 2126 __ L_ _ ~. ~_ ~ _L__" ~ ~__~_ ..._~L~ --'-..--.~.__.--~_._-- - ,- - -.- -.... -... ---. ..- ......... ,- .>- -,~.. . " ~ . ." ." .,.~ . ~~---- -.--" -~._~_._._._--~-_...-- --......~~.........-._-~-- "- ~. ~ ----...............---'...............----..-,...-'--...............'-~ ~~~.~..~--~. '.----.. ", 371 IN WITNESS WHEREOF I hereunto set rrw hand and affix the corporate seal of rrw office this 28th day of December, 1979. ~-;! ~~ Clerk of the City COmmiss' I 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 Resolution No. 2126 was published by number and title in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City, in the issue dated the 3rd day of December, 1979, and due proof of such publication is on file in rrw office. IN WITNESS WHEREOF I hereunto set rrw hand and affix the corporate seal of rrw office this 28th day of December, 1979. ~4K- i! ~~ Clerk of the Ci ty Cannis on I I a:Mv1ISSICN REOOLUTICN NO. 2126 ..~._..~_ .._._ '......, ~ ~ ~_,.IiIIIL.... _.....__.__...Ilol....-. ~ ,.&. _.............~______,~___.~~_~_.~_~,~~........_ .__ __~....t.._~..............__~...-..............._~_.. .-........... _.----"'o....-__.......___......II.........................,_,.~~.._':.....,....~~,~~.........._,......L_.,.._,.. .............._............ ~ ,-,.~_.<_L" ........~~.. _..... _~,___~