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HomeMy WebLinkAboutResolution 3851 Special Assessment to Defray the Cost of Snow and Ice Removal COMMISSION RESOLUTION NO. 3851 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO DEFRAY THE COST AND EXPENSE FOR REMOVAL OF SNOW AND ICE FROM SIDEWALKS IN THE CITY OF BOZEMAN UNDER THE PROVISIONS OF CHAPTER 12.24 OF THE CITY OF BOZEMAN MUNICIPAL CODE. WHEREAS, Chapter 12.24 of the Bozeman Municipal Code provides that every person in charge or control of any building or land fronting or abutting on a paved sidewalk shall remove and clear away snow and ice from said sidewalk; and WHEREAS, Chapter 12.24 ofthe Bozeman Municipal Code provides that special assessments shall be made, levied and collected annually, for the costs of snow and ice removal by the City against property which person in charge or control of said property failed to remove; and WHEREAS, Section 12.24.040 of the Bozeman Municipal Code provides that the City shall annually pass and adopt a resolution levying on assessment and tax against each lot or parcel of land fronting or abutting on the sidewalks which said snow or ice was caused to be cleared by the City. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: Section 1 . That to defray the estimated cost and expense for removal of snow and ice from sidewalks in the City of Bozeman, plus penalties authorized by Chapter 12.24 of the Bozeman Municipal Code, an assessment is hereby levied against the property and the several lots, pieces and parcels of land thereof within the City of Bozeman as set forth in Schedule "A", which is attached hereto and made a part of, a particular description of each lot and parcel of land with the name of the owner and/or owners and the sum assessed against the same is set forth in the assessment list in Schedule "A"; that the several sums set opposite the names of said owners and the described lots and parcels of land, are hereby levied and assessed upon and against said lots and parcels of land for said purpose; that the several sums be collected from the respective owners of said lots and parcels of land described in said assessment list and owned by them; that the said sums shall be paid and the collection thereof be made in the manner and in accordance with Chapter 12.24 of the Bozeman Municipal Code, and the laws of the State of Montana governing the collection of special assessments; that failure to pay such assessment when the same shall become due and payable shall make such persons and such lots and parcels of land liable to the penalties provided by law relative to delinquent taxes. Section 2. That the fee for removal of snow and ice from specified sidewalks in the City of Bozeman shall be the cost of such work, including administrative and enforcement costs. Administrative and enforcement costs shall not exceed 20 percent or $20.00, whichever is greater. per occurrence. Section 3. That this assessment be levied and be billed in October 2005 as are all other special assessments. Section 4. That upon all assessments levied and assessed. simple interest shall be charged at the rate of 1 0 percent per year from the date this assessment becomes delinquent (December 1,2005) to the date the assessment it paid. Section 5. That the regular session of the Commission of the City of Bozeman, Montana, to be held in the Community Room in the Gallatin County Courthouse in said City on the 17th day of October 2005, at 7:00 p.m., be designated as the time and place at which objections to the final adoption of the Resolution will be heard by said Commission. Section 6. That the City Clerk 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 said City of Bozeman a Notice signed by the City Clerk, stating that a Resolution levying and assessing a special assessment to defray the cost and expense for the removal of snow and ice from specified sidewalks in the City of Bozeman in Fiscal Year 2005, against the property of which such service was rendered, is on file in the office of the City Clerk subject to inspection for a period of five (5) 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 Resolution, and, that said Notice shall be published at least five (5) days before the date set by the Commission for hearing of objections and the final adoption of this Resolution. PROVISIONALLY PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 3rd day ofRc ber 2005. . . '\ ATTEST: ll~ ANDRE N L. 1:E RARO, Mayor ~.Y~ R N L. SULLIVAN City Clerk - 2 - FINALLY PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 17th day of AN L.CETRARO,Mayor ATTEST: ~z~ R L. SULLIVAN City Clerk - 3 - NOTICE HEARING ON FINAL ADOPTION OF COMMISSION RESOLUTION NO. 3851 LEVYING A SPECIAL ASSESSMENT TO DEFRAY THE COST FOR THE REMOVAL OF SNOW AND ICE FROM SPECIFIED SIDEWALKS IN THE CITY OF BOZEMAN IN FISCAL YEAR 2005 AGAINST PROPERTY IN THE CITY OF BOZEMAN TO WHICH SUCH SERVICE WAS RENDERED. NOTICE IS HEREBY GIVEN, that at a regular session of the Commission of the City of Bozeman held on the 3rd day of October 2005, Commission Resolution No. 3851 was provisionally passed and adopted; that said Resolution levies and assesses a special assessment to defray the cost for the removal of snow and ice from sidewalks in the City of Bozeman in Fiscal Year 2005, upon all property to which such service was rendered. That said Commission Resolution No. 3851 is now on file in the office of the City Clerk of the City of Bozeman, subject to inspection of all persons interested, for a period of five (5) days; that Monday, the 17th of October 2005, at 7:00 p.m. of said day at a regular session of the Commission of the City of Bozeman, in the Community Room, in the Gallatin County Courthouse, 311 West Main Street, has been designated as the time and place when and where said Commission will hear and pass upon any and all objections that may be made to the final passage and adoption of said Commission Resolution No. 3851 and the levying of said assessment; and that said Resolution will be finally passed and adopted at said regular session of said Commission, subject to such corrections and amendments that may be made upon objections. DATED this 4th day of October 2005. ~J~ R IN L. SULLIVAN City Clerk Publish: Tuesday, October 4,2005 Tuesday, October 11, 2005 $74.00 $130.00 $140.00 $344.00 DELINQUENT SNOW REMOVAL CHARGE FY06 3611 Scott Gillian 308 N Bozeman Ave 3614 Josephine Gohde 422 N Montana Ave 3617 Joyce Grande 2400 Durston Rd Unit 16 TOTAL