HomeMy WebLinkAboutResolution 201 Accommodated by District Sewer No. 26
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COLTI\iISSION HESOLUTION NO. 201 ~.i;.~.i. "-'.~'--'-_c.~....~
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A RESOL1J'lIOH OF TEE CQI,'J.1ISSION OF THE CITY 0]' BOZEMAN LEVYING A SPECIAL ASSES~NT
AGAIW';T PROPE3~Y BOriD::nING ON AND ACi":OlvlMODATED BY DISTInCT SEViER NO. 28,
.'UELIC
I SEVlER NO. 2 H"AVING BEEN CO:orSTRlJCTED Oi" St.TFli'ICIENT SIZE AND C.A..I'ACITY TO SERVE AS
A DISTRICT SEYlER "E'OR T:-m PROI:EiUY BOHDERING THEREON AND ACCOMLWDATED BY SUCH
I-'lJB L1 C SEYlER no. 2, AS HEREIN DESDRIEED, AND FOH SUCH }'urIT'OSE TlLAT PORTION 0::' SAID
PUBLIC SEVIER He. ,::> liEREIlJ DESCHIEED, HAS BEEN DESIGF.'".TED
AS DI3':.'](ICT SEVIER NO. 28
,-, ,
lJTD AlL I)HOJ..EHTY BORImnING ON ..AIID ACCOMllODATED BY 3AID DI3THIC'I' SEVlEH EO. 28 CON-
3TITUlIHG SDVER DISTHICT NO. 28.
'VVlIEREi!.S :
1. Heretofore on the 11th day
of May, 1901, the City Council of the City
of Dozen~n passed Ordinance No. 220 entitled:
"AN ORDllTANCE ESTABLISHING
A SEWER SYSTEI\'l INTI-IE CITY OF
BOZELlAN, AIID })ROYIDING :F'OR
THE MANNER OF CONSTRUCTING
THE SAIvili; AND HEIJEALING
ORDINANCES NOS. 214 AND 217",
and
<) Thereafter on the 50h day of
September, 1907, the Oity Council of the
.....
City of Bozer.ml1 passed Ordinance No. 362 entitled:
"-AN ORDINANCE I'HOVIDn:G :F'OR
AN ADDITION OF SEWER SYSTEM
IN THE CITY OF BOZEl\IAN,.
IV10NTANA, .l\.lJDESTABLISHING AND
DESCRIB~NG PU~:LIC SEWER NO.
2 AND Al"'\J EXTENSION OF PUBLIC
SEViER o. 1, AND PROVIDING
FOR THE MIUTNER OF CONSTRUCTD,G
'nIB S1U'.~E, AND DESIGlTATING
TIlE; J?ORTIONS 0]' SAID PUBLIC SmiERS
WHICH SF..ALL SERVE AS DISTIUC1'
SEVlERStf,
and
I 3. f_:hereafter on the 15th day
of July, 1906, the City Oouncil of the
City of Bozeman passed Ordinance No. 379 entitled:
HjJ'T ORDIlJ1J:WE I)ROVIDING FOR ESTABLISHING AND DESClULING
AJ.\}
EXTENSIOIT OF PUBLIC SEWER
NO. 2 OF ill.!D CITY, AND PhOVIDIHG
FO]., AND PHESCHIEING THE LIMITS
Oli' CERTAIN DISTRICT SEVJERS
IN 'r:E-IE CITY OJF BOZELlliNI1,
and
4. Thereafter on the .l.st day
of Septeruber, 1910, the City Council of
the City of Bozeman passed Ordinance ITo. 407 entitled:
"AN OIIDINAITCIG PHOVIDING
FOn ESTABLISEING AIm DESCRIBING
EXTE~TSIONS OIl' PUBLIC SEWERS
NOS. 1 AIm 2 OF SAID crIT,
AIm I)HOITIDHTG ]TOR AND DESCHIBING
Trill LDvlITS 0._ CERTAIK
DISTInC'I' SEWERS IN TIill
CITY OF BOZH.::AN",
and
5. Thereafter on the 28th day
of February, 1916, the City Council of the
City of Bozeman passed and adopted Council Resolution No. G9G entitled:
"A COUNCIL RESOLUTION PIWVIDING
Ii'OR THE ISSUANCE aI' SEWER
BONDS IN 'J:1IIE Stl};i: 01':
~; 70 , 000; THE PROCEEDS FROM THE SALE
THEREOF TO BE USED IN EXT END
IIJG , HIFROVING AND ENLARGING
rr.HE S..:tiTITASY SEWER AiID
UTOliM SEVIER SYSTEUIS OJ? THE CITY OF
BOZELlIL:; AND PROVIDING FOE
Tl-ill CALLnTG AND HOLDING OF 1..
SPECIAL ELECTION FOR THE PUHFOSE
OF SUBMITTING THE (~tJESTION
I OF SUCH BOND ISSUE TO 'I'HE
':~UALIFIED ELECTORS",
and
G. Said Ordinances among other things provide:
Sec. 9,
Ord. 362:
"The City Council may at any
time construct said Pu'ulic Sewer 't!
and said extension of Public
Sewer l~reby established, or any
-rt.'
portion thereof,
The Cos~ and expense of constructinG said
l'ublic S:~.Vler No. 2 and
said extension of l~ubl ic Sewer No. 1
or any portion thereof,
shall be paid frOEl the Sewer :Fillld of
said City. P
rovided, that where a Fu1ll1ic Sewer serves as a
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District Sewer the City Council shall assess the property
borderi~~ said Public Sewer,
either at the "'ti"',-'3 of' the con-
struction of said Public Sewer, or'
at :~ Ol:-;.e future time (to be
determined by the City Council) for
an amount equal to the
est imated cost of the Dist ri.;:; t Sewer capDt,;le of aCCDriilllodat
ing
I
said property; and when such assessment is collected the sane
shall be placed in the Sewer Fund of the City,
for the })urpose
of reimbursing the same",
and
7. Thereafter on the '7th day of April,
1916, the City Council of' the City
of Bozeraan passed Ordinance No. 45?, ent i tIed:
"AN ORDINA...1I:JCE DIRECTING THE ISSUAlJCE O:F SEWER BONDS OF THE
CITY OF BOZEl\lAN, 1,iONTAJ'A,
TO THE AMOUNT OF ~? 70,000; TI-IE
PROCEEDS FROM THE SALE THEREOF TO J..:,E USED IlT EXTENDIIJG)
IMI)ROVING A.['\)"1> ENLARGING THE SANI'rARY AND STOBNi SEWER SYS':[l:E1:vIS
OJ' THE CITY OF BOZEMAN; .Al\JD PROVIDING FOR A T1L'{ '1'0 BE LEVIKJ
EACH ;(EAR FOE THE r:URPOSE O:B' I)AYING TIlE E:TEREST ON SUCH
BONDS AND TO C;'lEATE A Sr:mCING :FUN1) FOR TEEIR liED]!.;MP11IOW',
and
8. Pursuant to the provisions of Ordinance No. 3'79,
passed on the 16th
day of' July, 1908, District Sewer No.
28, is defined as follows:
"Sec. 8.
That District Sewer No. 28 shall begin at the inter-
section of' LmrD."!ll;j Street and Bozeman Avenue::,
running thence
north on Bozeman Avenue to the center of Tarnarack street,
connecting vlith PUblic Sewer No.
2 on Tamarack: Street. That
all the property bordering on and accormnodated by Dist rict
Sewer ITa. 28 shall constitute
Sewer District No. 28",
9. During tIle year 1916
and 1917 the City Council of' the City of Bozeman I
by prOIJer Resolution ordered the construction of that portion of' Public 08wer no. 2,
hereinbefore described, (and other portions) as District
Sewer No. 28, and
10. Same was c-onstructed of' sufficient size and capacity to serve
as, and
does serve as District Sewer No. 28 to the property border1ng thereon and acconmlodated
thereby, and
11. No assessment has everceen made since the construction of said Public
Sewer No. ') as aforesaid, against
the property bordering on and accomrnodated by said
"",
rublic Sewer Ho. 2, designated as District Sewer No.
28; that at the time of the
construction thereof a larGe portion of the p~i:ooperty bordering thereon was unimproved
andivas not served by or connected with said District Sewer No. 28; that since
the
construction thereof properties have been improved and are connected, served
and
accommodated by said District Sewer iTo. 28 and the Commis:;:;ion of' the City 01' Bozeman
deems it not only proper, but necessary, that,
at this time, the property bordering
on and accoDL::odated by said Distl~ict Sewer No. 28 be assessed for an amount
equal to
the estlllated cost of said District Sewer No. 28 accoll~odating said pro?erties,
and
12. Attached hereto marked "Schedule One,
Assessment List" is a stater:lent I
sl10vling a description of the property and present owners thereof', which property
borders on and is served by said District Sewer No. 28, described as aforesaid,
and
13. The CorrlIilis;:;ion of the City of Bozeman has found and determined
that
the est :Una ted cost of construct ing District Sewer iTo. 28,
capable of serving and
clccomrcodatinr; the property bordering thereon to-wit:
six inch sevreI', was and ic;, as
of 191?, the SUTIl of vl.aO per front foot, and
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14. In order that the burden against the several property ovmers v/ill be
lightened, the assesSLlents
shall be made in ten equal annual installments and extend
over a ':Jeriod of nine years,
and
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15. The Commission has found and determined that certain properties
bordering on said District Sewer No.
28 are not at the present time being served and
acconIDlodated by said District SEJ"\7er No. 28 and that
it is proper to eliminate such
l)rOperties from any assessment at this time,
and the Comxnission is therefore holding
in abeyance the assessment against
such propert ies, and that the assessment again::;t
such properties shall await the future determination and action
of the Commission.
NOW THEREFORE, BE IT HESOLVED, AND IT IS ~L:EREBY ORDERI~D DY TIm
CQ1,ILISSION OJT TEE CITY aIr BOZEIilAL"\f:
1. iJ.'lmt to defray the estimated cost, as determined by the Comm.ission of
the City of Bozeman, of
District Sewer :No. 28, capable of servini_, and aCCOYiIDlOdating
property bordering thereon,
there be, and there is hereby levied and assessed a tax
in the sum 01' ~il. 00 per front foot on all the property bordering
on said Dist rict
Se'iver ~:o. 28,
as set forth in Schedule hereto attacLed alld made a part 11eI'eo1',
mar~:e<1 l1Schedule One,
Assessment List II, that a particular description of each lot
and parcel of land with the llame of the ormer ana. the SULl assessed
again:::::t him or
I it for such sevier and the; amo'lmt
of each part ial payment to be made and the day
when the sm',le shall be cLelinQuent
is set forth in detail in vhe list hereto
attached, marked 11 [:Jc:ned ule One,
Assessment List n, and Iilade a part hereo:f; tLe,t the
several sums set onDosite the names of the ovmers and the described
lots and TJarcels
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of land be, and the Sffine are
hereby respectively levied and assessed upon and against
said de::::cribed lots and parcels of land to defray the estimated
cost and expense of
said District Sewer No. 28;
that the several S'luns so assessed be collected from the
respective orDlers of said lots and
Jarcels of land described in saiu asses::;rnent
list "Schedule One,
Assessment List II, as recluired by law; that the payment of said
sums shall be made in ten paYl:Lonts or in:,t:J..llments and the
payment of said install-
Dlent s shall
extend over a period of nine years; that the payment of the respective
annual installment s shall be lnade on or before the 30th day of
HoveE:~,er of each year
until )aynunt of all installments tucetl:er with interest thereon
shall be made; that
said surus shall be paid anu the collection t,~ereOl1 shall be made
in the manner and
in accordance with the law governing tJ'..e collection of special
inprovcment taxes;
that failure to IJay such assesSTaonts
when the same become due and payable shall
I maIm such persons and sa id lot s and parcels of land 1 iable to
tLe penalties pro-
vided by law relat ive to delinc:.uent taxes;
2. That the regular session of' the Commission of the City of' Bozer:mn, to
be held in the Cornmiss ion Chamber in the City l1all of' sa id
City, on the 26th day of
Se:9t ember, 1930,
at li'our 0 t clo ck P. 1.'.., be, and the same is hereby designated as the
time and r,lace at which objections to the final adoI)tion of' this
Hesolutiol1 will be
heard by the said Commission
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3. Thnt all ~iionies collected,
as herein provideu, shall be credited to
the Sewer Bond FtUld of the City of Bozeman.
4. That the Commissicn has found
and deterLlined that certain }H'operties
bordering on said District Sewer No. 28 are not at tile present time ueing served and
I
accomDlodated by said District Sewer No. ~~8 and that
it is proper to eli:nil18.te such
propert ies from any assessment at this time, and the COillraission is therefore holding
in abeyance the assessment aGainst such properties, anJ that the assessment against
such properties shall await -the future determination and action of the COl1t.':lission.
5. That the Clerk of the Comclission
01' the City of Bozeman be, and she
is hereby ordered and directed to publish in the Bozer:lal1 Daily Chronicle,
a da ily
newspaj'Jer print ed ane} publ ished in the said City of' Boz eman, a Notice signed
by the
Clerk of the Commission, and stat ing that a Hesolut ion levying a special assesslllent
of taxes to defray the esti::nated cost and expense of said District Sewer No.
28, is
on file in the office of' the Clerk of the Cormllission, subject to inspection
'for a
period of ten (10) days; that said notice shall state the time and place at which
objections will be hr::8.rd by the COlTurrission to the final adoption of this Resolution;
that it shall be publishe~ at least ten (10) days
before the day set by t~e
COIIJI:1ission for the hearinG of objections and the final adoIition of this Resolution.
6. 'rhat this Resolution is l)as~;ed
pursuant to the provisions of Ordinances I
Nos. 220, 3G2, 379,
407, 45'7, Council Resolution No. 696, and Section
5239, Political
Code, RCI< , 19 21 .
Provisionally passed by the Commission of the CitY,bf Bozeman at
a regular
sess ion thereof, held on the 12th day of September,
19:30.
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Attest:
- Mayo
~L D& , ~
er6 of the omm-ission
NOT ICE
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HearinG Final Adoption, Commission
Resolution No. 201, Levying Special
Assessment of Taxes on Certain Properties Bordering on and AccoDlL1odated
by, a Part of District Sewer ITo.
28, on Boz err..an Avenue, fro" Lamme
St reet to T8Il1aracl: St re8t .
NOTIC=: IS I1EiEB\ GIVEN,
That at a regular ses;::ion of the Cornr:1ission of
the City of Bozeman, held on Frida:')T, the 12th day
of SeJ~t em;) e1", 1930, COlmnission
Resolution No. 201, entitled:
"A resolution of the CornLlission of the City of Bozeman levying a
I
sp ec ial assessment again;:;t property bordering on and ac cOl:rclo(lated
by District Sewer No. 28, Public Ojewer No. 2 hGving lJeel1 con-
structed of sufficient size and capacity to serve as a District
Sewer' for the property bordering thereon and cccorn.r:::lOdated
by such
Public Sewer No.2, as
herein described, and for such DurDose thc:~ t
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portion of said Public Sewer No.2,
herein desc~ibed, has been
designated as District Seiliec No. 28 and all property borderillg
on
and accommodated by said District SeYler No. 2[, cont;titutil1{'
.sc;Yler
District No. 28tt,
was duly passed and adopted;
That Public Sewer No. 2
vras constructed of a sufficient size and capacity
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to serve as a District Sewer for the property bordering and abutt ing thereon,
and
aCCOEIl!lodated and served thereby, and a part thereof was designated
as District
Sewer No. 28;
I That said Commission Hesolution No.
201 levies and assesses a special
assessment of taxes on certain properties bordering and abutting on,
and served and
accommodated by, District Sewer No.
28, to defray the estimated cost, as deterrained
by the Commission of the City of Bozeman, of that part
of District Sewer No. 28,
"cere inafter described; tlL~t said portion of District sewer
No. 28 is described as
follows:
On BozQIn.an Avenue, from Lamme
Street to TarJl.arack street, and the property
to be assessed borders and abutts thereon and is
served anG acco~lodated thereby;
That said Commission Resolution No. 201 is nOYT on file at the office
of
the Cler~c of the Commission, subject GO inspection for a
period of ten days by any
persons interested;
Tho. t Ifriday, the 26th day oi'
September, 1930, at 4 o'clock P. M.,
of
said day at the rec.:ular session of the said Commission of the Cit:y of Bozeman,
at
the Com;:nission Chamber in the City Hall Building of said City, 11as been designated
as the tiLle and place, vlhen and where the said Commission will heaJ." and :gass upon
I any and all ob ject ions that may be made to the final llassage and adoption of said
Cornmission :J,esolution ~;o. 201, and the levyinG of se. iel assessmen-:."
and the said
Resolution nill be finally passed and adopted at said regular session.
..'.\11 pel"sons interested are referred to Com,.lissior.. Resolution
No. 201,
hereinbefore refer::ced to.
Dated this 15th day of September,
A. D., 1930.
By order of the Commission of the City of Bozeman.
I, Eliza l)ethJoh:,son,
Clerk of the Commiss iOll Oi' the City 0 l' Bozeman,
Montana, do hereby certify that the Motice in Re the foreGoing Hesolution
No. 201,
was duly published in the Bozm:nan Daily Chronicle,
a daily newspaper of general
in the issue of Sept.16,1930,
c irculo.t ion printed ,~nd IJublisheu. in the Cit y of Boz8Iilan, MOlltanQ} and that due
prool' of said publication was made and 1'ile'J in my office.
IN WITNESS VnmREOF I have h0reunto set my hand and the corporate
seal of
I said City this 16th day of September, 1930.
t.~A) Q4~,
Cl r;: 0 l' l;1# (jommiss ion