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HomeMy WebLinkAboutResolution 199 Accommodated District No. 20 --.-...--.---.. . 'j {~ 4 . . J. _ ~,_., M.':! .. -.-. -..-..-..-. --- Ai"> ... -----.- --------~,---:;p:- 0" U'i' ," \ JYfO o"e.. // .... ~;C~)>// COlvIMISSION HESOLUTION NO. 199 1" ~# A~-~dl~ImT OF TIn: Cm.IL:ISSIO!J OF T~iE CITY OF BOZEtIiAN LEVYING A SPECIAL ASSESShlENT AGAINSr.I1 PHOPERTY BORDERING ON AND ACCOMMODATED BY DISTiUCT SEWErt 1:0. 20, PUBLIC SEWER NO. 2 HAVIITG BE!~N DONSTRUCTED OF SUFFICIE:NT SIZE AND C10..:A CITY TO SERV"E AS A I DISTRICT SEVfER FOR THE I'HOFERTY BORDElUNG THEREON AND ACCO:t!JvIODATED BY SUCH PUBLIC SEWER NO.2, AS m~REIN DESCRIBED, AlID ]'OH SUCH PUT~POSE 'rn:;\.T I}ORTlmr OlT SAID PUBLIC SEWER NO.2, HEREIN DESCRIBED, h..A.S BEEN DESIG:TL.TED AS DISI'HICT SKiIEi~ He. 20 AIm ALL P~:OI\ERTY BOHDERING ON' Alm ACCQI/tiVlODATED BY SAID DIs'rHICT SEViER ~.ro. 20 COliSTITUI'ING SEWER DISTRICT NO. 20. vnmREAS : 1. Heretofore on the 11th day of May, 1901, the City Council of the City of Bozeman passed Ordinance No. 220 entitled: "AN ORDINANCE ESrl'AE;LISHING A SEWER SYSTEl'J IH THE CITY OF BOZEIv:i..A.N, A:m PROVIDING ]'OR rrHE liI.A.:m-JER OF CONSTRUCTIlJG THE SA.~E; AND REPEL.L- 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 PROVIDING FOR AN ADDITION 0]]' S~~ViER [;YSTDIi IN THE CITY OF BOZEL1A::, LlOiJTANA, MID ESTABLISHING AIm DESCHIDING FUTILIC SEWER NO. 2 111JD AN EX'rEW3ION OF PUBLIC SEViER NO.1, AND PROVID- ING FOR THE IvLANNER OF CONSTRUCTING TIn; 3lJ,m, l:...IID DESIGNATING THE PORTION:_: OF SAID PUBLIC SE1iiERS VEIICE Sllll.LL SERVE i~S DISTRICT SE1.VERS" , and 3. Thereafter on the 16th day of July, 1908, the City Cou~cil of the City I of Bozeman passed Ordinance No. 379 entitled: "AN ORDINAIJCE PHOVIDING FOR ESTiiBLISHING AND DESCRIBING AN EXTENSION OF PUBLIC SEWER 1;0. 2 OF SAID CITY, lUll PRO- VIDING FOR, Alm PRESCRIBING TIIE LIMITS Ol!' CERTAIN DISTRICT SEWERS IN THE CITY OF EOZEMANtf, and 4. Thereafter on the 1st day of Se:gtember, 1910, the City Council of the City of Bozeman passed Ordinance No. 407 entitled: "AN ORDINANCE IJROVIDING FOR ESTABLISHING .AND DESCRIEING EXTI~NSION OF PUBLIC SEWERS NOS. 1 AND 2, aIi' SAID CITY, AND FROVIDING FOR AND DESCRIBING THE LIMrrS 0]' CEHTAIN DISTRICT SEl,VERS IN TIIE CITY 01" BOZEIvlAN", and 5. Therea,fter on the 28th day of February, 1916, the City Council of the City of BOZelQan passed and adopted Council Resolution No. 696 entitled: fTA COUNCIL RESOLUTION PHOVIDING FOR THE ISSUANCE 0::" SEWER BONDS IN THE Sm:I OF $ 70,000; THE PROCEEDS JfHOM THE SALE THEREOF TO BE USED IN EXTENDING, TI,IPHOVING AND ENLARGING T~:rn SAYTI'ARY SEWER AND STORM SEVlER SYSTEL'~S OF THE CITY OF BOZEfiWT; AND PROVIDING FOR THE CALLING AND HOWING OF A SPECIAL ELECTION FOR THE PURPOSE 0]\ SUBMITTI~TG TEE G,UESTION I OF SUCH BOND ISSUE TO THE QUALIFIED ELECTORS", and 6. Said Ordinances among other things provide: Sec. 9, Ord. 362: "The City COUllCil may at any time construe t said Public Sewer and said extension of Public Sewer hereby established, or any portion thereof. The cost and expense of constructing said !)ublic Sewer No.2 and said extension of l)ublic Sewer No.1 or any portion thereof, shall be paid from the Sewer :E'und of said City. Provided, that where a Public Sewer serves as a - ..---. n__ .__ lOf) --- ..-....--- Dist rict Sewer the City Council shall assess the property bord ering said Public Sewer, either at the time of the cons truction of said Public Sewer, or at some future time (to be determined by the City Council) for an amount eq~al I to the estimated cost of the District Sewer capable of accomnlodating said property; and when such assessment is collected the same shall be placed in the Sewer E'und of the City, for the purpose of reimbursing the samett, and ? Thereafter on the ?th day of April, 1916, the City Cow1cil of the City of Bozeman passed Ordinance No. 457, ent itled: "AN ORDINANCE DIHECTING THE ISSUANCE O:&"' SEViER BONDS OF 'Y.rIE CITY OF BOZEi',i.A1J, NiONTANA, TO THE .AJ:Wmn1 OF $; 70,000; THE PROC EEDS FROM THE SALE TlIEREOF TO BE USED IN EXTENDING, Dl- PROV ING AND ENLARGING THE SANITARY AND STORM SEWER SYSTEMS OF TIJE CITY OF BOZEIvL<UJ; AND PHOVIDING FOR A 1'AX TO BE LEVI ED EACH YEAR FOR TI-IE PUHPOSE OF PAYING TI-ill INTEREST ON SUCH BONDS A..T'IJD TO CREATE A SINKING FUl~l) FOR THEIR REDEIvlFTIONtt, and 8. Pursuant to the provisions of Ordinance No. 362, passed as afore- said, District Sewer No. 20, is defined as follows: Sec. ? l1That that portion Of Public Sewer No.2, described as follows, to-wit: Begi nning at the center of Peach Street where the same is inte rsected by the center line of that portion of Third Aven ,:.e South of Peach Street; thence east on Peach Street I to the center of Central Avenue; thence north on Central Avenue to the center of Cottonwood street; thence east on Cottonwood Street to the center of Tracy Avenue; thence north on Tracy Avenue to the center of Tronarack Stfeet; thence east on Tamarack Street to the center of Rouse Aven ue; thence north on Rouse Avenue to the City Limits; Shal l be constructed of sufficient size: and capacity therefor, and shall serve as a District Sewer for the property bordering thereon and accommodated thereby and for such purpose shall be known as District Sewer No. 20. That all the property bordering thereon and accolMIDdated thereby shall constitute District Sewer No. 20; Note: In lieu of construction of Sewer of West Peach (Durston Road ) from Grand Avenue to Central Avenue, the sewer was cons tructed from West Peach north on Grand Avenue to ,:es t Tamarack Street; thence east on West Tamarac};: Street to connect with Sewer as previously described at this inte rsection with North Tracy Avenue. and 9. During the year 1916 and 191? the City Cow1Cil of the City of Bozeman by proper Resolution ordered the construction of that portion of Public Sewer No.2, hereinbefore described, (and o-~her portions) as District Sewer No. 20, I and 10. Same was constructed of sufficient size and capacity to serve as, and does serve as District Sewer No. 20 to the pro:;Jerty bordering thereon and accommodate d 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 accommodated by said Public Sewer No. 2, designated as District Sewer No. 20; that at the time of the construction thereof a large portion of the property bordering thereon was .-.-.-.-- 106 .---.--- -.-- ., unD11proved and was not served by or connected with said District Sewer No. 20 ; that since the construction thereof properties have been improved and are connected, served and accommodated by said District Sewer ~o. 20 and the COillaission of the City I of Bozeman deems it not only proper, but necessary, that, at this time, the prop arty bordering on and accommodated by said District Sewer No. 20 be assessed for an amount equal to the estimated cost of said District Sewer No. 20 accor.'..f:lodat ing said ) propert i es, and 12. Attached hereto marked flSchedu1e One, Assessment List!! is a statement showing a description of the property and present owners thereof, which property borders on and is served by said District Sewer No. 20, described as aforesaid, and 13. The COTIllllission of the City of Bozeman has found and deterlained that the estimated cost of constructing District Sewer No. 20, capable of serving and acco~~odating the property bordering thereon to-wit: six inch sewer, Vias and is, as of 191'1, 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 extena over a period of nine years, and 15. The Cownission has found and determined that certain properties bordering on said District Sewer No. 20 are not at the present time Leing served and I accormnodclted by said District Sewer No. 20 and that it is pro}:er to eliminate such properties from any assessment at this time, and the Commission is therefore holding in abeyance the assessment against such propert ie s, and that the assessn~nt against such wroperties shall await the future determination and action of the Commission. NOW TlillREFORI~, BE rr RESOLVED, AND rr IS HEREBY ORDERED BY THE CONJllISSION OF TEE CITY OF BOZil,iAlT: 1. That to defray the estimated cost, as deteTInined by the Commission of the City of Bozeman, of District Sewer No. 20, capable of serving and accornrnodat ing property bordering thereon, there be, and there is hereby levied and assessed a tax in the sum of 4pl.JO per front foot on all the property bordering on said District Sewer No. 20, as set forth in Schedule hereto attached and made a part hereof, marked "Schedule One, Assessment List n, that a particular description of each lot and parcel of land with the nrone of the owner and the sum assessed against hL~ or it for such sewer and the amount of each part 1<:1.1 payment to be roode and the day when the same shall be delinquent is set forth in detail in the list hereto attached, marked "Schedule One, Assessment ListU, and made a part hereof; that the several I sums set o:oposite the names of tlle owners and the described lots and parcels of land be, and the same are hereby respectively levied and assessed upon and ac:ainst said described lots and parcels of land to defray the estimated cost and expense of said District Sewer 1';0. 20; that the several sums so assessed be collected from. the respective owners of said lots and parcels of land described in said assessment list tlSchedule One, Assessment List", as required by la\'[; that the payment of said --- ...---- -. -...- - 1.()7 ---------...... .--- ---------.-..-. -----.-.....,.-... __ n.. ______. ______..__..___..__._._n__._... ." ----------.-.--.-- ___.___________.,. ,..._..__.__.......__."..._m _.n _"._._. .....___.."...________.___ sums shall be made in ten paYluents or installments and the payment of said install- ments shall extend over a period ofnine years; that the payment of the respective I annual installments shall be made on or before the 30th day of November of each year until payment of all~l1e installments together with interest thereon shall be made; that said sums shall be paid and the collection thereon shall be made in the manner and in accordance with the 1m. governing the collection of special improve- ment taxes; that failure to pay such assessments when the same become due and payable shall make such persons and said lots and parcels of land liable to the penal ties provided b:;r law relat i ve to delinquent taxes; 2. That the regular session of the Commission of the City of Bozeman, t.o be held in the Commission Chamber in the City Hall of said City, on the 26th day of SeIJtember, 1930, at Four O'clcok P. M., 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 by the said Conunission 3. That all monies collected, as herein provided, shall be credited to the Sewer Bond Fund o:~' the City of Bozeman. 4. That the Commission has found and determined that certain properties borderins on said District Sewer No. 20 are not at the present time being served -I and accownodated by said District Sewer No. 20 and that it is proper to eliminate such properties from any assessment at this time, and the Cormnission is therefore holding in abeyance the assessment against such properties, and that the assess- ment against such properties shall wait the future detennil~tion and action of the Commission. 5. That the Clerk of the COr.IDlission 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 COillQission, and stating that a Resolution levying a special assessment of taxes to defray the 8stirnated cost and expense 01' said District Sewer No. 20, is all file in the office of the Clerk of the COTInniss ion, subject to inspection 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 adopt ion of this Resolut ion; that it shall be published at least ten (10) days before the day set by the Con~ission for the hearing of objections and the final adoption of this Resolution. I G. That this Resoluti:Jn is passed pursuant to the provisions of Ord- inances Nos. 220, 362, 379, 407, 457, Council Resolution No. 696 and Section 5239, Political Code, TIC1:.1 , 1921. Provisionally passed by the Cormnission of the City of Bozeman at a regular session thereof, held on the 12th day of September, 1930. 7Ii2-:;J Attest: !I~ IvIa yo . C.- ~.Q. ~:~the~;';~"ion ------"..._".." .- 1()8 . - ....- . - . -- .------ . -.-. ---------.--.--.., -----.-.-- ..-..--.-- .-..-- ----. --.-.-- NOT,lCE Hearing, }'inal Adopt ion, Cornnission Resolution No. 199, Levying Special Assessment of Taxes on Certain Properties Bordering on and Accommodated by, a Part of District Sewer ~o. 20, on Rouse . Avenue :Uorth from Tamarack Street to City Limits. I NOTICE IS HEREBY GIVEN, That at a regular session of the Commission of the City of Bozeman, held on Friday, the 12th day of September, 1930, Commission Res- olution No. 199, entitled: "A Resolt;t ion of the COl;1l1liss ion of the Ci t y of' Bozeman levying a special assessment against property bordering on and accommodated by District Sewer No. 20, Public Sewer No. Z having been con- structed of sufficient size and capacity to serve as a District Sewer for tlle property bordering thereon a11(l aCC01ill]odated by such I'ubl1c Sewer No.2, as herein described, and for such purpose that p;Jrtion of' said Public Sewer lio. 2, herein described, has been designated as District Sewer No. 20, and all pI'operty borderin{-: on and accomr:coclated by said District Smver No. 20, constituting Sewer District No. 20, was duly passed and adopted; That Public Sewer No. 2 was constructed of a sufficient size and capac.ity to serve as a Dis~rict Sewer for the property bordering and abutting thereon, and accommodated and :served thereby, and a part thereof was designated as District Sewer No. 20; That said Commission Resolution No. leg levies and assesses a special assessment of taxes on certain properties bordering and abutting on, and served and I accommodated by, District Sewer No. 20, to defray the estimated cost, as deterrnined by the Commission of the Cit y of Bozeman, of that part of District Sewer No. 20, hereinafter described; that said portion of District Sewer No. 20 is described as follows: On Rouse Avenue North from Tamarack Street to City Limits, and the property to be assessed borders and abutts thereon and is served and accommodated thereby; Tho.. t said CorDJ1lission Resolut ion No. 199 is DOW on file at the office of the Clerk 0 f the Commission, subject to inspection for a period of ten days by any persons interested; That Friday, the 26th day of September, 193 0 , at 4 o'clock P. M., of said day at tJ;e regular session of the said COTImlissicn of' the City of Bozeman, at the C011lrnissio11 ChaLlber in the City Hall Building of said City, has been desisnated as the tliJe and place, when and where the said Commission will hear and l)ass upon any c and all ob j ect ions that l-;ray be made to the f 1nal passage and adopt ion of said Commission Hesolution No. 199, and the levying of said assessment, and the said Res- I olution will be finally passed and adopted at said regular session. All persons interested are referred to Comrnis;,;ion Resolution No. 199, hereinbefore referred to. Dated this 15th day of September, A. D., 1930 . By order of the Commission of the City of Bozeman. _. ~l Of) ---- ---.. ---.---- .-.........- - I, Elizabeth .To:,:llson, Clerk of the OOmIaission of the City of Bozeman, lViontana, do hereby certify that the foregoing Notice in Re Resolution No. 199, I of the City of BozeElan, Montana, was published at length in the Bo::-.eman Daily Chronic 1e, Q (caily neWSp[i-~er of general circulat ion printed and published in said City of Bozeman, in the issue of September 16, 1930, and that due proof of said publication was r~de and filed in my office. IN rlITlifESS WHERIWF I have hereunto set m7J' hand and the corporate seal of said City this 17th day of September, 1930. ~EJwL(~ ~ er, c of the illmission I I