HomeMy WebLinkAboutResolution 196 Property Bordering by District Sewer No. 16
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COMMISSION RESOLUTION
NO. 1~6 ~~';";:""...,.Q
A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEM.AN LEVYING A SPECIAL ASSE~~'"
AGAINST PROPERTY BORDERING on AND ACCOt'IIvIODATED BY DISTRICT SEVIER NO. 18, PUBLIC
I SE\YER NO. 2 lIAVING BEEN CONSTRUCTED OF SUFFICIENT SIZE AND CAPACITY TO SERVE AS A
DISTRICT SEWER FOR THE PROPERTY BORDERING TEEREON AND ACCOMI,lODATED BY SUCH PUBLIC
SEWER NO.2, AS HEREIN DESCRIBED, AND FOR SUCH PURPOSE 1'1-I.l\.T lJOR1'ION OF SA ID I'OO1IC
SEWER NO.2, lIEro~IN DESC:UBED, ~~AJ3 BEEN DESIGNATED AS DISTRICT S:B.'VlER NO. 18 AND ALL
:PROPERTY BORDERING ON AND ACCOlvIT.lODATED BY SAID DISTRICT SEVIER NO. 18 CONS'l1ITUTING
SEWER DISTRICT NO. 18.
WIIEREAS :
1. Heretofore on the 11th
day of May, 1~01, the City Council of the Oit;r
of Bozeman passed Ordinance No. 220 entitled:
HAJJ ORDINANCE ESTABLISHING
A SEi'lEH SYSTFJ,i IN THE CITY OF
BOZELTAN, AND PROVIDING
FOR THE MANNER OF CONSTRUCTING THE
SAME; AND REPEALING ORDINANCES
NOS. 214 AND 217",
and
2. Thereafter on the 5;\;h
day of September, 1907, the City Council of the
City of Bozeman passed Ordinance No. 362 entitled:
"AN ORDINANCE PROVIDING
FOR AN ADDITION OF SEVIER SYSTEvl
IN THE CITY OF BOZEMAN,
MONTANA, AND ESTABLISHING AND
DESCRIBING pm::LIC SEVIER
NO.2 .AND AN EXTENSION OF PUBUC
SEWER NO.1, AND PROVIDING
FOR THE MlcNNER OF CONSTRUCTING
THE SAME) AND DESIGNATING
THE PORTIONS OF SAID PUBLIC
SEll/ERS WHICH SHALL
SERVE AS DISTRICT SEWERS!!,
and
I 3. Thereafter on the 16th
day of July) 1908, the City Council of the City
of Bozer:lan passed Ordinance 1To. 3 '79 entitled:
"AN ORDINANCE PROVIDING FOR ESTABLISHING .A.ND DESCRIBING
AN EXTENSION OF PUBLIC
SEVlER NO. 2 OF SAID CITY, AND
PROVIDIlJG FOR, _tu~D
PRESCRIBING 'I'IIl; LIMITS OF CERTAIN
DISTRICT BElmRS IN
THE CITY OF BOZEIiutiTH,
and
4. Thereafter on the 1st
day of September, 19lO, the City Council of the
Ci t;'i of Bozeman passed Ordinance No. 407 entitled:
"Al'J ORDETANCE PROVIDING
FOR ESTABLISHING AND DESCRIBING
EXTENSIONS OF PUBLIC
SEWERS NOS. 1 AND 2 OF SAID CITY,
AND PROVIDING FOR AlJD
DESCRIBING TIm LIMITS OF CERTAIN
DISTRICT SEWERS IN THE
CITY OF BOZEti:AN">>
and
5. Thereafter on the 28th
day of February, 1~16, the City Council of the
City of Bozeman passed and adopted Council Resolution No. 6~6 entitled:
tlA COUNCIL RESOLUTION
PROVIDING FOR THE ISSUAiWE OF SEWER
BONDS IN THE Sad OF $70,000;
THE PROCEEDS FROM THE SALE
THEREOF TO BE USED IN
EXTENDING, IMPROVING AND ENLARGING
THE SANITARY SEVIER AND
STOJiM SEViER SYSTEMS OF TEE CITY
OF BOZEIv:AN; AND PROVIDING
FOR THE CALLING .AliJD HOLDING OF
I A ffi)ECIAL ELECTION
FOR ~lE Pu~POSE OF SUDMITTING THE
Q.UESTION OF SUCH BOIID ISSUE TO THE QUALIFIED ELECTORS",
and
6. Said Ordinances among other things provide:
Sec. ~, Ord. 362:
"The City Council may
at any time construct said Public
Sewer and said extension
of Public Sewer hereby established,
or any portion thereof.
The cost and expense of constructing
said Public Sewer No.
2 and said extension of Public Sewer
No.1 or any portion thereof,
shall be paid from the Sewer
Fund of said City.
Provided, that wllere a public sewer
serves as a District
Sewer the City Council shall assess the
88
property bordering said public sewer,
either at the time of
the construction of said Public Sewer,
or c.t some future time,
for an mnount equal to the estimated cost
(to be determined
by the City Council)
of the District Sewer capable of accommo-
dating said property; and when such assessment is collected
the SErnle shall be placed in the Sewer Fund of the City,
for I
the purpose of reimbursing tLe samen,
and
7. Thereafter on the ?th day of Ap'ril,
1916, the City Council of the Cit;,
of Bozeman passed Ordinance No. 457, entitled:
"AN ORDINANCE DlRECTEiG THE ISSUANCE OF SEWEI-: BONDS OF THE
CITY OF BOZEM.AN, MONTANA,
TO THE Arf10 UN'l' OF $ 70,000; THE
PROCEEDS FROM THE S.to.LE TBERL.OF TO BE USED IN EXTENDING,
I1.U)ROVING AND EHL.li.RGING THE SANITARY AND STOHM SJ).'WER
SYSTEMS a]' TiiE CI'l'Y 017 BOZEMAN; AND PROVIDING FOR A TAX
TO BE LEVIED EACH YEAR FOR THE PUHlJOSE 011' PAYING THE
INTEREST ON SUCH BONDS A.ND TO CHR\.TE A SINKING- FUND FOR
THErH HEDEMPTIONI!,
and
8. Pursuant to the provisions of Ordinance No. 362,
passed as aforesaid,
District Sewer No. 18, is defined as follows:
"Sec. 5. That that portion of Public Sewer No. 2 described
as
follows:
Begi
nning at the intersection of College Street
And Eleventh Avenue,
running thence north on Eleventh
Avenue to the center of Dickerson Street; thence east on
Dicl~erson Street to the center of Tenth Avenue ~ thence
north on Tenth Avenue to the center of Babcock Street;
I
thence east on Babcock street to the center of Ninth
Avenue; thence north on Ninth Avenue to the center of the
extension of Beall street; thence east on the suid exten-
sion of Beall street to the center of Eighth Avenue;
Shall be constructed of sufficient size and capacity therefor,
and shall serve as a district sewer for the property bordering
thereon, and accommodated
by such sewer, and for such pu~)ose
shall be known as District Sewer No. 18,
that all the property
bordering on and acco~~odated by said District Sewer No. 18
shall constitute Sewer District No. IS";
Note: In lieu of construction
of' Sewer on Babcock Street
to center of Ninth Avenue,
sewer was constructed in
alley between West Olive
and West Babcock Street.
and
9. During the year 1916 and 1917 the City Council of the City
of Bozeman
by proper Resolution ordered the construction of that portion of Public Sewer No.2,
hereinbefore described, ~and other portions) as Distridt Sewer No. 18, and
10. Sarn.e vms constructed of sufficient size and capacity to
serve as, and
does serve as District Sewer No. 18 to the property bordering thereon and accom.modated
I
thereby, and
11. No assessment has ever been made since the construction of
said Public
Sewer No.2, as aforesaid, against the property bordering
on and acc01llinodated by
said Public Sewer No. 2, desiGnated as District Sewer
No. 18; that at the time of
the construction thereof a large portion of the property bordering thereon ViaS
unimproved and was not served by or connected vvi th said District Sewer No. 18; that
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since the construction thereof properties have been improved and are connected,
served and accomTIlodated by said District Sewer No.
18 and the Commission of the City
I of Bozeman deems it not only proper, but necessary, that,
at this time, the prop-
erty bordering on and accororaodated by said District Sewer No.
18 be assessed for an
ammmt equal to the estimated cost of said District Sewer No.
18 acco:r.J.::'loClat ing
said properties, and
12. Attached hereto marlced
tlSchedule One, As'sessment List" is a statement
showing a descript ion of the property and present owners thereof,
which property
borders on and is served by said DistrictSewer No. 18,
described as aforesaid, and
13. The Cmmnission of the
City of Bozeman has found and deteTIained that
the estimated cost of constructing District Sewer No. 18,
capable of serving and
accommodating the property bordering thereon to-wit:
six inch sewer, was and is,
as of 1917, the sum of ~1.00 per front foot,
and
14. In order that the burden
against the several property owners will be
lightened, the assessments shall be made in ten eQual annual
installments and extend
over a period of nine years, and
15. The COlmnission has found
and determined that certain properties border-
ing on said District Sevrer No. 18 are not at the present time being served and
I accommodated by said District Sewer No. 18 and that
it is proper to eliminate such
properties from any assessment at this 'I:;illie, and the COmnlission
is therefore hold-
ing in abeyance the assessment against such properties and that the assessment
against such properties shall await the future determination and action of the
Co:rnrnission.
NOW THEREFORE, m= IT RESOLVED AND IT IS HEREBY ORDERED
BY THE COM1\"ISSION
OF THE CITY OF BOZ:EMAl'i:
1. That to defray the estil~lted cost,
as determined by the Commission
of the City of Bozeman, of District Sewer No. 18,
capable of' serving and accomrnodat-
ing property bordering thereon, there be,
and there is hereby levied and assessed
a tax in the sum of $1.00 per front foot on all the property bordering on said
District Sewer No. 18, as set forth in Schedule hereto attached
and made a part
hereof, marked "Schedule One, Assessment List rt,
that a particular description of
each lot and parcel of land v>Ji th the name of the ovmer and the Sillil assessed against
him or it for such sewer and the amount of each part ial payment to be mE1.de and the
day when the same shall be delinquent is set forth in detail in the list hereto
I attached, marked "Schedule One, Assessment List 11,
and made a part hereof; that the
several sums set opposite the names of the Offilers 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 estimated cost and expense of
said District Sewer No. 18; that the several sums so assessed be collected from the
reSl)ective owners of said lots and parcels of land described in sD.id assessment
-
list "Schedule One, Assessment List",
as required by law; that the payment of said
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sums shall be made in ten pa~~ents or installments and the payment of said install-
ments shall extend over a period of nine years; that the payment of the respective
annual installr::ents shall be made on or before the 30th day of November of each year
I
until payment of' all the installments together \'[ith interest thereon shall be made;
that said sums shall be pi.::lid and t he collect ion thereon shall be made
in the manner
and in accordance Yiith the law governing the collection of special improvement
taxes; that failure to pay such assessments when the same become due and payable
shall make such perso~1S and said lots and 1).'::u'cels 0:::' LL,H_1 lLl~)le to t118 :,'u"lalt_Lus
)rovide1 ~)y l:rN rGl:lti'r::~ '~uJ,:}li--~'TJ(3-1t t::u~e<3;
') rhat 't;i.le reG:~laI"
3833io,1 ,.)::' c'Le CCl_n;,lissi,) 1J1' t"1e City of Bozeman, to
......
be he Id i:n. the Commission Chanlber in the City Hall of said City,
the 26th da:r of
September, 1930, at'; : 00 0' cIa ck F. E.,
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 b::l the said Commission.
3. That all monies
collected, as herein provided, shall be credited to the
Sewer Bond Fund of the City of Bozen~n.
4. That the Corrrmission
has found and detenained that certain properties
bordering on said District Sewer No. 18 are not at the present time
being served
and accommodated by said District Sewer No. 18 and that it is proper
to eliminate I
sucl' pl'operties from any assessment at this time, and the Commis sion
is theref:~r::'o
holding in abeyance the assessment against such properties, and that
the assessment
against such properties shall await the future deternlination and action of the
Comrniss ion.
5. 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 Ci t;, of Bozeman,
a Notice signed by the
Clerk of the Commission, and stat ing that a Resolut ion levying a special assessment
of taxes to defray the estimated cost and expense of said District Sewer No. 18,
is
on file in the office of the Clerk of the Commission, subject to
inspection for a
period of ten (10) days; that said notice shall state the time and place at which
objections will be beard by the COIJl.lnission to the final adoption of this Resolution;
that it shall be published at least ten (10) days before the day set by the
Commission for the hearing of objections and the final adoption of this Resolution.
6. That this Resolution
is passed pursuant to the provisions of Ordinances
Nos. 220, 362, 379,
407, 457, Council Resolution No. 696 and Section
5239, Political I
Code, R . C .M. , 1921.
Provisionally passed by the Commission of the Oi ty of Bozeman
at a regular
session thereof held on the 12th day of September, 1930.
Attest:
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Corm
niss ion
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NOTICE
Hearing, Final Adoption Cammission Resolution No. 196,
Levying Special
Assessment of Taxes on Certain Properties Bordering on and
ACCOGsodated
I by a Part of District Sewer No. 18,
in the First Alley South of West
Babcock Street, Between 7th Avenue and 11th Avenue.
NOTICE IS HEREBY GIVID~, that at a regular session
of the Commission of the
Oi ty of Bozeman, held on Friday, the 12th day of September,
1930, Commi ss ion Be s-
olution No. 196 entitled:
itA Resolut ion of the Commission of the C1 ty of Bozeman
levying
a special assessment against property bordering on and accommo-
dated by District Sewer No. 18,
Public Sewer No.2 having been
constructed of sufficient size and capacity to serve as a
District Sewer for the property bordering thereon and accommo-
dated by such Public Sewer No.
2, as herein described, and for
such purpose that portion of said Public Sewer No.2, here-
in described, has been designated as District Sewer No. 18
and all property bordering on and accomrrilldated by said
District
Sewer No. 18, constituting
Sewer District No. 18",
was duly passed and adopted;
That Public Sewer No.2 was constructed of a sufficient size
and capacity
to serve as a District Sewer for the property bordering and abutting thereon,
and
accomraodated and served thereby, and a part thereof
was designated as District Sewer
No. 18;
Thet said Commission Resolution No. 196 levies and assesses
a special
I assessment of taxes on certain properties bordering and abutting on,
and served and
accomEodated by, District Sewer No. 18, to defray the estimated cost, as
determined
by the COTIJr:lission of the City of Bozeman, of that part of District Sewer No. 18,
hereinafter describeu; that said portion of District Sewer No. 18 is described as
follows:
In the first Alley South of West Babcock street,
between 7th Avenue and 11th Avenue,
and the property to be assessed borders and abutts thereon and is served and
accomrllodated thereby;
That said Commission Resolution No. 196 is now on file at
the office of
the Clerk of the Commission, subject to inspection for a
period of ten days by
any persons interested;
That Friday, the 26th
day of September, 1930, at 4 0 tclock P. M., of said
day at the regular session of the said Commission of the City of Bozeman,
at the
Corrnnissioll Chamber in the City Hall Building of said City, has been
designated as
the time and place, when and where the said Commission will hear and pass upon any
I and all objections that may be made to the final passage and adoption of said
COIIllnission Resolution No. 196, and the levying of said assessment, and
t he said
Resolution will be finally passed and adopted at said regular session.
All persons interested are referred to COnllnission Resolution
No. 196,
hereinbefore referred to.
Dated this 15th day of September, A. D.,
1930.
By order of the COlmnission of the City of Bozeman.
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I, Elizabeth Johnson, Clerk of the Cormnission of the City of Bozeman,
Montana, do hereby certify that the foregoing Notice in He Resolution No. 196 of
the City of Bozeraan, Montana, vras published in the Bozeman Daily Chronicle, a daily
I
newspaper of General circulation printed and published in the said City of Bozeman,
in the issue of September 16th, 1930, and that due proof of 3Ciid
publication was
made and filed in my office.
IN WITNESS WlJEREOF I have hereunto set my hand and the corporate seal of
said City this l?th day of September, 1930.
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