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HomeMy WebLinkAboutResolution 200 Accommodated by District Sewer No. 24 -- .-..... ---- ___. .......__ ._._"'..____n :11 () _ . no _.. ...un _~........,. -~ ~~E\C""'- ... ---------------------------- ---------------------- _nu -- ~"O-o. '. ,.~lIIjoI~ , . '::1...::'.'::;/ COLi:;.iISSION RESOLUTION 1JO. 200 .~ , \ ,,~ ,,-" ~. ,. .".,,-"--~~'~~"~ K"B;ESOLUTION OF THE COLISSION OI" THE CITY OJ? BOZEl.~.A.n LE'TY1NG A SPECIAL .ASSESShIENT- AGAINST PROPERTY BORDERING ON AND ACCOl!ILlODATED EY DISTHIC'1:' SEViER NO. 24, l)UELIC SEViER NO. 2 HAVING nEEN COnSTRUCTED OF SUFFICIENT SIZE AND C.APACl'I'Y '1:'0 SE?VE AS A I DISTRICT SEVIER FOR THE PROPERTY BORDERING TlillHEON l~m ACCOMI\'lODATED BY SUCH 1=>1.J1)L1C SEViER lTO. r-:., AS lillREIN DESCHIBED, AND I"OB. SUCH PUHI'OSE TIL.\.T PORTION OF SAID rUELIC SEWEH NO. ~", ~;:EHEIN DESCHIl3ED, I-Il-\.S BEEN DESlmJATED ASDISTHICT SEWEB l!O. 24 A"D ALL J?HOrERTY POHDERL;G UN )J>JD ACCOLJMODATED BY SAID DIS;1.1~UCT SEWER NO. 24 C01TS'lTr'CTETG SEWER DISTRICT NO. 24. WHEREAS: 1. Heretofore on the 11th day of May, 1901, the City Council of the City of Bozer;1C~n passed Ordinance No. 2Q.O entitled: t1A1: ORDDTANCE ESTAI3LISHING A SEViER SYSTElL L; rrl::E CITY OF BOZEl'l\.N, AND PROVIDInG FOR TF~ MluTNER OF CONSTR:'ICTING TIL: SAME; AND REPEALING ORDINANCES NOS. 214 AND 217 It, and 2. Thereafter on the 5th day of September, 1907, the City Council of the City of Bozel,lan passed Ordinance No. 362 entitled: "AN ORDINANCE PROVIDING FOJ:{ .l>.II ADDI'I'ION OF SEVlEH SYSTl'1'/1 IN THE CITY OF BOZZl'LAN, 1.10NTANA, AND EST.tIBLISHING AIm DESCRIEING I)UEL1C SEViER NO. 2 AiTD AH EXTElTSION OF PUBLIC SEVmr; I'JO. 1 AND PROVIDIIJG FOR THE l;1AJ%iER 0]' conSTRUCTING THE SAME, .A.ND DESIG- NATING TITE PORTIons Q}T' SAID PUIiLIC SEVlEHS VrHICII SIi~LL SER'lE AS DISTEl CT SEWERS", and 3. Thereafter on the 16th day of July. 1908, the City Council of the City I of Bozeman passed Ordinance No. 379 entitled: "AN ORDINAi'JCE PROVIDING FOR ESTADLISI:nTG AIm DESCRI:3ING AN EXTENS:l.CN OF :FtJBLIC SEVIER 1m. 2 OF SAID CITY, AIiD P\Q'ITIDING FOR, ANTI PRESCRIBING 'I'BE Lll,II'l'S 01" CERTAIN DISrrrUCT SEWERS IN '1'11E CITY OF BOZr:LillJJ", and 4. Thereafter on the 1 st day of Septe1:1ber, 1910, the City Council of the City of Boze::lan passed Ordinance No. '1:0'7 entitled: "AN ORDIN1i.NCE r)ROVIDING :E'OR ESTABLISHING AIm DESCHlnnw EXTEIJ;::;ION OF PUBL~CC SI!..'WERS NOS. 1 Aim 2 OE' SAID CITY, AND FROVIDING Fon _AJID DESCRIBnTG Tlill LIMITS OJ:' CERTAIN lJISTRICT SEViERS IN THE CITY OF BOZEl'ilAN'!, and 5. Thereafter on the 28th day of February, 1916, the G i ty Council of' the Ci ty of Bozema':l passed and adopted Council Reso1ut ion No. 696 ent i tled: "A COU1~CIL RESOLLYrION PROVIDING FOR THE ISSUANCE 01:' SB\"iER BONDS Ii THE smA OF ~;; '70,000; TIm PROCEEDS FHOl.: 'rEE SALE THEREOF TO BE USED IN EX:TENDIHG, Il\iI'nO.TNG .AND ENLARGING TIm S.lI.NITARY SEWER A?m STOH.I SEWER SY~3TEl',IS OF THE CITY 01<' BOZEUAN; AND PROVID.YG FOR THE CALLING Aim HOLDING OE' .., SPECIAL F..LECTIOlT FOB TIlE PUHJ?OSE OF SUBI.urrT:r:~Tq '1:'IIE~-i,UESTlmJ or SUCH BOND ISSUE TO TEE C,).7ALIli'IED ELIWTORS", I and 6. Said Ordinances amOl1{~ other things provide: Sec. 9, Ord. 362: "The City Council may at any time construct said I:Jublic Sewer and said extension of' Public Sewer hereby establishe,-., or any portion thereof. The cost and expense of constructing said Public Sewer No. :~ and said extension of ,Public SeVier No.1 or any portion thereot, shall be paid from the Sewer :b'und of said City. Provided, that Vihere a Puljlic Sewer serves as a 111 .. n__ ....n ,... ....---.--- . --......---.-....--- - ----.-..- -.-". - ,,- District Sewer the City Council shall assess the property bordering said public Sewer, either at the time of the construction of said Public Sewer, or at some fEture t ille (to be detel'rnined by the City Council) for an amount equal I to the estimated cost of the District Sewer capable of' accorul.1oduting said property; and when such assessment is collected t~le same shall be placed in the Sewer :Fund of the City, for the purpose of reimbursing the sameff, and 7. Thereafter on the 7th day of April, 1916, the City Council of the City of BozeIIlan passed Ordinance No. 457, entitled: TlAN ORDINANCE DIRECTD7G TILE ISSU.ANCE 0Ii' SEWER BONDS OF TEE CITY OF BOZEl\1AN, 1,,"OIJT1J'T~, TO THE AMOUNT OF ;270,000; THE PROCEEDS FRUM TIlE SALE TlillRI;OF TO BE USED IN EXTENDING, DiIPROVIlTG AND ENLARGING TIT: SANITARY AND STORK SEWER SYSTEl";S OJ.!' THE CITY OF BOZE,:.Uq; AND PROVIDING FOrt A TAX TO BE LEVIED EACH YE.r'\.R FOR THE PU?G?OSE OF PAYInG Tj,iE INTEREST ON SUCl.l BONDS L..ND TO CREATE A SINKEIG F1JND ]'OH TIiEIH RED:E1'vlPTIONtI, and 8. Pursuant to the provisions of Ordinance No.379, passed on the 16th day of July, 1908, District Sewer No. 24 is defined as follows: "Sec. 5. That District Sewer No. 24 shall begin at the intersection of Lamme Street and Grand Avenue, running thence north on Grand Avenue to the center of Peach St reet , COYl!lect ing with Public Sewer No. 2 on Peach Street. That all the property bordering on and accommo- dated by District Sewer No. 24 shall constitute Sewer Dist rict Eo. 24" ; I 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 Sevier No. ~2, hereinbefore described, (and other portions) as District Sewer No. 24, and 10. SaBe was constructed of sufficient size and capacity to serve as, and does serve as District Se'wer No. 24 to the prOI)erty borderinc; thereon and accomI:1odc1ted thereby, and 11. ITo assessment :las ever been made since the const rue t ion of said Public Sewer No.2, as aforesaid, acainst the property borderinc on and accommo- dated by said Public Sewer :;0. ' "~ designated as District Sewer No. 24; that at ~.~ , the time of the construction thereof a large portion of the pro]Jerty bordering thereon was unimproved and was not served by or connected with said Distrj.ct Sewer No. ;;;4; that since the construction thereof properties have been improved and are connected, served and accoIDi.JOdated by said District Sewer No. 24 and the Commission of the City of Bozeman deems it not only proper, but necessary, I thc~t , at this time, the property bordering on and Qccon~dated by said District Sewer No. 24 be assessed for an arnount equal to the est mated cost of said District Sewer No. 24 accOInTIlodating said properties, and 12. Attached hereto marked "Schedule One, Assessment List" is a statement shovling a descI'iption of the propert.y and present owners thereof, which property' bordeI'm on and is served by said District ;jewel" :To. 24, described as aforesaid, and --.----- ....-....---- .-.-----..-.- . - . ---- 11 IP) .. ~ _..__.._____._.._.__..__n_.__ 13. The Cormaission of the City of Bozeman has found and determined that the estimated cost of constructing District Sewer No. 24, capablG of serving and accomr:~odat ing tile property bo"clcring thereo:-;, to-wit: six inch sewer, '\:as and is, I as of' 191'7, the SUl11 of ;k;l.OO per frJnt foot, and :lA" . In order tho..t the burden against t.:le several pl~operty ormers vrill be lightened, the assess:aents shall be made in ten equal anllual installments and extend over a period o~ nine years, and 15. The Cormllission i,~as found and determined tllat certain prOl)erties border- ing on said District Sewer No. 24 are not at the present time beiH, , served. aud aCCOl11"110dated by said Dist rict Sewer IT.). 24 and tlHi. t it is proper to eliminete such prollerties from any assessment at this time, and the Cormnission is tl1ero:i.:.Jre holding in abeyance the assessment against such properties, and that the assessment ;:~gainst such properties shall await the future determination and action of the Commission. NOW THEREFORE, BE 1'1' HESOLVED, .AIID IT IS J,EHEBY ORDERK> BY TIIE COM::aSSIOIJ OF THE CITY OF BOZEMAN: 1. TJtat to defray the estimated cost, as determined by the Comraission of the City of BOZ0~an, of District Sewdr No. 24, capable of serving and C:1-cconuodating ?rODerty bordering thereon, there be, and there is hereby levied and assessed a tax in the sum 0 l' ~a. 00 per front foot on all the property bordering on said District I Sewer No. i")L ['s set forth :Ln Schedule hereto attached and made a part hereof, r;v:,rked ,~;!; , "Schedule One, Assessment List", tlw.t a lJart icul(il' descriwt ion of eaoh lot [tne. parcel ..;... .I..: of land with the name of' the owner and the sum assessed ac;ain:.,t him or it for such sewer and the amount of each part ial paYT:lent to 1:8 made and the day VIhe:;"- the sam.e shall be delinquent is set forth in detail in the list hereto attached, narked "Schedule One, Assessment List", [mc made a part hereof; that the several sums set opposite the names of tIle ownel's and the clescribed lots and l)arcels 01' land be, and the same are hereby respectively levied and assessed upon and againl3t saiu des- cribed lots and ~oarcels of land to defrl'lY the estimated cost and expense 0:' said District Sewer No. 2L.b; that the several SUlT1S so assessed be collected from the respective owners of said lots and parcels of land descT'ibed in said aSSeSSJIlent list "Schedule One, Assessment List", as required by law; that the payment of said swns shall be rilade in ten :ga~"ment s or installment s and the po.Yl1lent of said installment s shall extend over a period of nine years; tho.t the pc,,-yment of the respective annual installments shall bo made on or before the 30th day of November of' each year unt il tho payment of all the installments tOGether with interest thereon shall be raade; I that said SlJillS shall be paid and the collection thereon shall be Elade in the ri18.nner and in accordance with the laYl govel"ning the co llect ion of special improvement taxes; that failure to pay such assessments 'when the Sal~le become due and po.ybble shall make such T)ersOns and said. lots and par:;els of land 1io.l)le to the penalties IJI'ovided by lavr relative to delillque~',t taxes; <) That the regular session of' the Commission of the City of Bozeman, to "" be held in the COTIunission Chamber in the City Hall 0::.' said City, on the :36tll day of -..--...---.- ------ 11 ~.~ .. I!") - n__.... ... ..-..-. -----.. --.-------.- __._u_. -..-...- --.."..- - ..- .n.. _ . ...-----..-- September, 1930, at Four O'clock P. M., be, and the same) is hereby designated as the time and place at which objections to the final adoption of' this Resolution I will be heard by the said Commission. fJ. That all monies collected, as herein provided, shall be credited to the Sewer Bond Fund of the City of Bozeman. 4. That the Commission has found and determined that certain properties bordering on said District Sewer No. 24 are not at the })resent time being served and accoLllilodated by said District Sewer ITo. 24 and thc~ t it is proper to eliminate such properties frOIa any assesi_Bent at this time, and the COInLliss ion is therefore holding in abeyance the assessment agairlst such properties, and that the assess- ment against such properties shall await the future deterraino.tion and action of the Com,ission. 5. That the Clerk of the COElr1ission of the City of Bozeman be, and she is hereby ordered and direct ed to publish in the Bozeman Daily O;-::.ronicl e, a daily newspa:~)er printeli and put;lished in the said Oi ty of Bozeman, a Notice signed by the Clerk of the Corn~ission, and statinG that a Resolution levyinc a special assessment of taxes to defra;,/ the estimated cost and expense of said District Se'wer No. 2'1, is on file in the office of the Clerk of the Commission, subject to I inspection for a period of ten (10) days; tlJ.at said notice shall state the time and place at which objections will be heard by the Cowlission to the final adoption of this Resolution; that it shall be publishe~ at least ten (10) days before the day set by the Comnission for the hearing of objections and the final adoption of this Resolution. IJ. That this Hesolution is passed pursuant to the provisions of' Ord- i nances Nos. 220, 362, 379, 407, 45'7, Coun cil Resolution rio. 696 and Section 5239, Political Code, RCM, 1921. , Provisionally passed by the Cormnission of the City of Bozeman at a regular session thereof, held on the 12th day of September, 1930. ~~ Attest: / " ~~~EJ'r't~~ ~~:i;;,' - NOTICE I Hear ing Final Adoption, Co:qimission Hesolution No. 200, Levying Special Assessment of Taxes on Certain Properties Bordering on and Accormaodated by, a Part of District ~ewer No. 2tL on Grand ~, Avenue North, froI:1 Lamme Street to Peach Street. NOTI CE 18 HEREBY GI"vEN, that at a regular session of the Con~ission of the City of Bozeman, held on Friday, the 12th day of September, 1930, COlIillli s s ion Resoh~t ion iTo. 200 entitled: ,,)) . Resolution of the Comniission of the City of Bozeman, levying a special assessment against property bordering on and aCCOTIMO- date l!. by District Sewel' No. 24, Public Sewer No. 2 having been .-.......-- - .-.-.- -----..-.--... 1,,141 _______n __.._ .-.--...-....---.-.-- ------.-.-...----.---.....-- ------------- ----.-- ._...__......_uo.. constructed of sufficient size and capacity to serve as a District Sewer for the property bordering thereon and accolTInodated by such Public Sewer No. e:" as herein described, and for such purpose that port ion of said Fublic SevIer N:J. 2, herein described, has been des- ignated as District Sewer No. 24 and all property bordering on and I acco:rrJl.!:J.odated by said District Sewer No. 24 COIlstituting Sevier District Ho. ~~4, was duly passed and adopted; That Public Se'V'ler No.2 was constructed of a sufficient size and capacity to serve as a District SevIer for the property bordering and abutting thereon, an d accommo- dated and served thereby, and a part thereof '\.,.as desienated as Distriut Sewer No. 24 ; That said Commission Resolution No. 200 levies and assesses a syecial assess- ment of taxes on certain propertie s bordering and abut t ing on, and served and accommo- dated by, District Sewer No. 24 to defray the estimated cost, as detenained by the , Commission of the City of Bozeman, of that part of Diet ric t Bewer No. 24, horeinafter described; that said portion of District Sewer No. 24 is described as follows: On Grand Avenue North, fr om Lrumnc Street to I)eac11 Street, and the property to be assessed borders and abu:,ts thereon and is served and accon'1rlO- dated thereby; That said Commission Hesolution Ho. 200 is now on file at the ~ffice of the Clerk of' the Comraission, subject to inspection for a period of ten days by any persons interested; I Tho. t Friday, the 26th day of September, 19:30, at 4 0 'cloele I'. :1.:1., of said day at the regular session of the said Commission of the City of BozeIilan, G' c t the Corm:lis::;ion Chamber in the City Hall Building of said City, has been desit'?;nated as the time and place, when and where the said Comraission will hear and pass U1,0:1 any and all 0 bj ect ions that may be made to the :t'inal passage and adoption of said CoTlL,ission Resolution No. 200, and the levying of said assessment, and the said Resolution will 'be finally passed and adopted at said regular session. il..ll pel'sons int erested are referred to Commission Resolution No. 200, here inbefore referre6. to. Dated this 15th day of' September, A. .0., 1930. By order of the COlrJIIlission of the City of BozeInan. I, Elizabeth JoJ-mson, Clerk of the Commiss ion of the Oi ty of' Bozernan, Lion tana, do hereby cert ify that the :Not io e in He the foregoing Resolut ion ITo. 200 vms duly publ ished in the Bozeuan Da ily Chronicle, a daily newspaper of general I c irculat ion, printed and :publ ishecl in said Oi ty of bozeman, in the j_ssue of Sept. l~, 1930, and that due j;}l.;tHH' ,)f said publicat ion was made and filecl in my office. IN \VITNESS WI,_EREOF I have hereL:J1to set my hand. and the corporate seal of said City this 1 '7t;, day of SepteIilber, 1930.