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HomeMy WebLinkAboutResolution 198 Accomodations by District Sewer No. 19 . ---.... QR ~j .) (:,,~ ,,~,~.,.o. . ~. ""fj. r.~""" (.'/./! ~~ ....- -. ~. o..U' '.A '\1# ,~~ ..)'>';":;.'\:/ \j>,.... . '/. / ..-_/ I." :1/' COMI'/IISSION RESOLUTIOlI NO. 198 .,..\' / A RESOLUTION OF TlD~ CQI,lMISSION Oli' TIlE CITY OF BOZE1.l.AN LEVYING A SPECIAL ASSESSMENT AGAINST PHOPERTY BORDERING ON ANTI ACCOhll.l0DJ...TED BY DISTRICT SEYlER lJO. 19, Fill!LIC SEViER NO. 2 HAVnm BEEN CONST~mCTED OF SUF]"ICIENT SIZE iJim Cl\PACI'iY TO SERV'.c; Jill A I DISTRICT SEViER FOR THE IJROPERTY BOHDERIl:G THEREON A.~D ACCOIJMODATED EY SUCH PtJELIC SEViER lJO. ;2, AS HEREIN DESCRIBED, AIm ]'OR SUCH PURPOSE TIL\:I1 POHrIOH Oli' SAID F'UBLIC SEVlER NO.2, IillRCH; DEse;RIBED, lIAS m~EN DESIGNATED AS DISTHIC'l' SEWER 1. . 19 AND ALL H10PERTY J30RDERII:JG OE AND ACCOIv:L.IODATED BY SAID DIST ~~.Icrr Sm'lER NO. 19, CON:3TIrI'tJi'ING SEWER DISTRICT NO. lS, WHEREAS: 1. Heretofore on t.e 11th day of May, 1901, the City Council of the City of BOZeI1'~ll passed Ordinance No. 220 entitled: "AN ORDINANCE ESTABLISHING A SEWER SYS'.!.:F1vl IN THE Crry OJ? BOZELiAN, AND I'ROVIDING Fon THE MANlJER OF COlTSTRUC~CING rrIIE SAME; AND REPEAL- ING ORDINANCES NOS. 214 AND 217", and 2. Thereafter on the 5th day of September,. 1907, the City Council of the City of Bozeman passed Ordinance No. 362 entitled: "AN ORDINANCE F'ROVIDING FOn AN ADDITION 01" SEWER SYSTEhiI IN THE Crry 01,1 BOZE\\WJ, i.,ONTANA, AND ESTABLISHING AND DESCRIBING PUI;LIC SEViER NO. ;2 Al'TD AN EXTEl'fSION OF PUDLIC SEViER NO.1, AND PROVIDING FOR TEE IVUu'1"lmR OF CONSTRUCTING THE SlJ.\'IE, ..AND DESIGNATING THE POR- TIONS OF SAID PUBLIC SEVfEHS l,'iHrCH SHALL SERVE AS DISTRICT SEWERS", and 3. Thereafter on the 15-1.;11 day of July, 1908, the City COUllCi1 of' the City of Bozeman passed Ordinance No. 379 entitled: I "AN ORDDLUTCE PROVIDING FOR ESTABLISHING AND DESCRL,D~G AN EXTENSION or l)UDLIC SEWER HO. 2 OF SAID CITY, Al ID PROVIDING FOR, JUTD PRESCRIB- ING rj'E:E LIMITS OF CERTAIN DISTRICT SEViERS lIT TP..E CITY OF BOZEL.l.AlP', and 4. Thereafter on the 1st day of September, 1910, the City Council of the City of Bozeman passed Ordinance No. 407 ent itled: "An OFillINANCE PROVIDING FOR ESTABLISHING .A.lID DESCRIBING EITENSIWTS OJ!" PUI1LIC SEWERS NOS. 1 AND 2 OJ!" SAID CI'J:'Y, Alm PEOVIDIHG FOn. illIl] DESCRIBING TEE LIMI'rS OF CERTAIN DISTRIC'l' SE~':rERS IN THE CITY 0]' BO Z EL1J:w.1\J" , and 5. Thereafter on the 28th day of' ]'ebruary, 1916, the City Council of the City of Bozeman :passed and adopted Council Resolut ion No. 696 entitled: "A COU~:CIL HESOLllL'ION FROiJIDDJG FOE THE ISSUANCE OF SEViER l:OlIDS IN TIlE SDl-,r OF :,,:70,000; TIm PROCEEDS FROl.~ THL SALE THErt:~OF TO BE 0SED IN ~\TErmING, IIvIPROVIHG AIm ENLAHGINC 'rruJ; S..A.NrI1ARY SEVlEH AND STOnl\I SEilER GYSTE!\'lS OF TEE CITY OF BOZE1\lA.N; ;\ND PROVIDING FOR THE CALLING L1JD HOLDING O~Li' A SPECIAL ELECTION :FOR TIill nJRPOSE 0]' SUBMrrTIlJG TIm CLUESTICN OF SUCH BmID ISSUE TO 'rIlE Q.UALIJ!'IED ELECTOHST', and 6. Said Ordinances among other things provide: I Sec. 9, 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 construe tine; said Public Sewer No.2 and said exten::-~ion of I'ublic Sewer No. 1 or any portion there- of, shall be paid from the Sewer Fund of said City, Provided, that where a Public Sewer serves as a District Sewer, the City COllilCil shall assess the property bordering said PUblic Sewer, either at the time of the construction of said Public Sewer, or at some cost (to be detennined by the City Council) of the District Sewer capable of accommodating said property; and when such assessment is collected -.-.. . _..~ (,,(~ i8' ",., '~,' '........ J ___u_ the S8lD.e shall be placed in the Sewer Fund of the City, for t~~e purpose of reimburs ing the same", and I 7. Thereafter on the 7th day of April, 1916, the City Council of the Ci ty of Bozeman passed Ordinance No. 457, entitled: "AlT ORDINANCE DIRECTING TIrE ISSUANCE OF SEWEH BONDS OF TI-IE CITY OF BOZETfJ.AN, l\iONTANA, TO THE AlvIOUNT OJ? :f.; 70,000; THE PROC EEDS FROM THE SALE THEREOF TO BE USED I:: EXTENDHTG, IMPR OVING AND ENLARGING THE SANITARY AND STOill,l SEWER SYSTEMS OF THE CITY OIP BOZEl,iAN; Al'ID PROVIDING ]'On A TAX TO BE LEVIED EACH YEAR FOR TIill PURr-GSE OF PAYING Tm~ n,T~rEREST ON SUCH BOrm S AND TO CREATE A SINKING FUND IPOn THEIR REDD\1FTION" , and 8. Pursuant to the provisions of Ordinance No. 362, passed as afore- said, District SeVier No. 19, is defined as follows: Sec. 6. That that portion of Public Sewer No. 2 described as follows, to-wit: Begi nning at a point in tIle center of Eighth Avenue where the swne intersects the extension of West Beall Street; thence nort h on the extension of Eighth Avenue north to the point of inte rsection of said extension of Eighth Avenue north with the exte nsion of Villard Street; thence east on Villard Street to the center of Seventh Avenue north; thence north on Seventh Aven ue to the center of Peach Street; thence east on Peach Stre et to the center of that part of Third Avenue which is sout h of Peach Street; I Shal l be constructed of sufficient size and capacity therefor, and shall serve as a District Sewer for the property borderine thereon, and acco~rrodated by such Sewer, and for such purpose shall be known as District Sewer No. 19, that all the property bordering on and accommo- dated by said District Sewer No. 19 shall constitute Sewer District No. 19"; and 9. During the year 1916 and 1917 the City Council of the City of Bozeman by proper Resolut ion ordered the construction of that portion of Public Sewer No.2, hereinbefore described, (and other portions) as District Sewer No. 19, and 10. Same was constructed of sufficient size and capacity to serve as, and does serve as District Sewer No. 19 to the property bordering thereon and accommodated thereby, and 11. No assesslllent has ever been made since the construction of said Public Sewer NO.2, as aforesaid, against the property bordering on and aCCOIDm9- I dated by said Public Sewer No.2, designated as District Sewer No. 19; that at the time of the construction thereof a large portion of the property bordering thereon was unimproved and was not served by or connected with said District Sewer No. 19; that since the construction thereof properties have been improved and are connected, served and accommodated by said District Sewer No. 19 and the Commission of the Oi ty of Bozeman deems it not only proper, but necessarJ, that, at this t irae, the property bordering on and accommodated by said District Sewer No. 19 be assessed for an amount equal to the estimated cost of said District . 1()() Sewer No. 19 accommodating said properties, and 12. Attached hereto marked IISchedule One, Assessment Listn is a statement showing a desc:ciption of the property and present ovmers thereof, ';Jhich pruperty borders on and. is served by said Dist rict Sewer ITo. 19, described as aforesaid, and I 13. The Commission of the City of Bozeman has found and detennined that the estimated cost of constructing District Sewer No. 19, capable of serving and accoramodating the property bordering thereon to-wit: six inch sevier, was and is, as of 191'7, the sum of $1.00 per front foot, and 14. In order that the burden agailLt the several property owners will be lightened, the assessments shall be made in ten equal annurJ.l installments and extend over a period of nine years, and 15. The Commission has fOUllc1 an{- deterElined that certein properties border- ing on said District Sewer No. 19 are not at the presen'~ time being served and accoTIllllodated by said District Sewer No. 19 and that it is proper to eliminate such pro~'erties from any assessment at this time, and the Commission is therefore holding in abeyance the assessment against such properties, and that the aSSeSSI:lent against such pro:perties shall await the future deterIllination and action of the Commission. NOW THEREFORE, BE IT RESOLVED, .AND I_~: IS IillREBY OHDERED BY TIlE COMLIISSIOl'Y OF TIlE CITY OF BOZELiAN: 1. That to defray the estwlated cost, as determined by the Commission of I the City of Bozeman, of District Sewer No. 19, capable of serving ancc accorunodating property bordering thereon, there be, and there is hereb levied and assessed a tax in the sum of ~~1.00 per front foot on all the propel~y bordering on said District Sewer No. 19, as set forth in Schedule hereto attached and made a part hereof, marked "Schedule OEe, Assessment List", that a particular description of each lot and parcel of land with the name of the ovmer and -she sum assessed against him or it for such sewer and the amount of each partial I)ayment to be rnade and the day when the same shall be delinquent is set forth in detail in the list hereto attached, marked "Schedule One, Assessment List", and made a part he.,'eof; that the several sums set oppos i te the naInes of the owners and the described lot s 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. 19; that the several S1...UIlS so assessed be collected from the res- pective ovmers of said lots and parcels of land described in said assessment list "Schedule One, Assessment List", as required by law; that the pCLyment of said sums I shall be made in ten payment s or installments and the payment of' said installments shall extend over a period of nine years; that the payment of the reSI)ective annual installments shall be made on or before tlle 30th day of' November of each ;lea.r until paYIIlcnt of all the installment s together with interest thereon shall be :r.J.ade; that said SUIDS shall be paid and the collection thereon shall be made in the manner and in accordance with the 1m'! governing the collection of special improvement taxes; that failure to pay such assessments when the same become (~ue and payable shall .. -..----- 1 ()1 _______.__.__._n ma}::e such persons and said lots and parcels of land liable to the penalties pro- vided by law rel&tive to delinquent taxes; I 2. That the regular session 01' the Commission of the City of Bozeman, to be held in the Commission Chanmer in the City Hall of said City, on the 26th day of September, 1930, at Four O'clock P. M., be, and the same is hereby desig- nated as the time and place at which objections to the final adoption of this Res- olution will be heard by the said CODMission. 3. That all monies collected, as herein provided, shall be credited to the Sewer Bond Fund of the City of BozeTI~n. 4. That the Commission has found and determined that certain properties bordering on said District Sewer No. 19 are not at the present time being served and accomuodated by said District Sewer No. 19 and that it is proper to eliminate such properties from any assessment at this time, and the COillInission is therefore holding in abeyance the assessment against such properties, a nd that the assess- ment again,~;t such proJJert ies shall aVlai t the future determ.inat ion and act ion of the Commission. 5. Thet 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 I newspaper printed and published in the said City of Bozeman, a Notice signed by the Clerk of the Comnission, and stating that a Resolution levying a special assess- ment of taxes to defray the estimated cost and expense of said District Sewer No. 19, is on file in the office of the Clerk of the Commission, SU-i) ject to inspect ion for a period of ten (10) days; that said notice shall state the time and place at which objections will be heard by the Commission to the final adoption of this Hesolutioll; that it shall be published at least (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 Code, R. C. },c. 1921. Provisionally passed by the Corrnnissic.m of the City of Bozeman at a regular session thereof, held on the 12th day of Se;:;ternber, 1930. Attest: ~~ I ~~&'.~".~~, Cle of h onfihission -...-..-- ".-...-..-. -..- -.-...----. ,,- -. -.-...-..------ ---... ------.----.----.----.-...-..-"..- - ".- .-- --,,---.--....- 1 cU', ') ..' ."-.4 -. ..-... .-. ------.-.---.----------------.-.-----. -.- .... ---.- ...-...-... .--..--- ---.--- .,,-.- NQTIQE Hearinc Fin,.\l Adoptior~, Commission Resolution No. 198, LevyinG ,:;)1Jeoial Assessment of ':J:1axes on Certain Proj)ert ies, Bordering on and Accomraodated by, a Part of District Sewer No. 19, on l'each Street, (Durston Hoad} , between 3rd Avenue and 7th Avenue. I NOTICE IS HEREBY G:IVEN, That at a regular session of the Comraission of the Ci ty of BozeElan, held on Friday, the 12th day of September, 1930, Corm:lissiun Res- olut ion No. 198, entitled: "A resolution of the Connnission of' the City of Bozeman levying a special assessment against property bordering on and accornmodated by District Sewer No. 19, Public Sevier No. 2 having been constructed of sufficient size and capacity to serve as a District Sewer for the property border- ing thereon and accommodated by such Public Sewer No. 2, as herein des- cribed, 2,nd for such purpose that portion of said Public Sewer no. <") r.." herein described, has been designated as District Sewer No. 19, and all property bordering on and accomrI1odated by said District Sewer No. 19 constituting Sewer District No. 19", 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 accornnodated thereby, and a part thereof was designated as District Sewer No. 19 ; That said Comnission Resolution No. 198 ~evies and assesses a special assessment of taxes on cert&in properties bordering and abutting on, and served and accoDIDlodated by, District Sewer No. 19, to defray the estimated cost, as determined by the Connnission of the City of Bozeman, of that part of District Sewer No. 19, I hereinafter described; that said portion of District Sewer No. 19 is described as follows: On Peach Street, ~Durston Road} between 3rd Avenue and 7th Avenue, and the property to be assessed borders and abutts thereon and is served and accommodated thereby; That said COmT,1issiol1 Resolution No. 198 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; The t Friday, the 26th day of September, 1930, at four O'clock P. k. of said day [:t the regular session of the said Cormnission of the City of Bozeman, at the Commission 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 and all objections tha~ may be made to the final passage and adoption of said Commission Resolution No. 198, and the levying of said assessment, and the said Resolution will be finally passed and adopted at said regular session. All persons interested are referred to COmTflission Resolut ion lIo. 198, I hereinbefore referred to. Dated this 15th day of September, A. D., 1930. By Order of the Oomrrrission of the City of Bozeman. rO~~A~' erk of e- ommission .. ------ --. ----- -....-....- l i(~ ".' .\J.~ ~~ . "' 1,.0' ~j ... -...--- -.-. ..-. ---.---......--..--... I, Eliz<Jbeth .Johnson, Clerk of the CO~TIission of the City of Bozeman, Montana, do hereby certify that the foregoing Notice in Re Commission Resolution I No. 198 was published at length in the Bozeman Daily Chronicle, a daily news- paper of general circulation printed and published in the City of Bozeman, Ivlontana, in the issue of September 16th, 1930, and that due proof of said publication ViaS made and filed in my office. Dr WITHESS,,!EEREOF I have hereunto set my hand and the corporate seal of said City this 17th day of Septenber, 1930. t 6L~~ '~~' Ie of the rom: s8ion .' I I