HomeMy WebLinkAboutResolution 199 Accommodated District No. 20
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~;C~)>// COlvIMISSION HESOLUTION NO. 199
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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
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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
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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
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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
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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
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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.
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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
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