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HomeMy WebLinkAboutResolution 2843 Special assessment to defray expense of garbage collection -,'; if .. J "'- COMMISSION RESOLUTION NO. 2843 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPEC I AL ASSESSMENT UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO DEFRAY THE COST AND EXPENSE OF COLLECTING AND DISPOSING OF GARBAGE UNDER THE PROVISIONS OF ORDINANCE NO. 1323 OF THE CITY OF BOZEMAN MUNICIPAL CODE. WHEREAS, the City Commission of the City of Bozeman did on the 8th day of April 1991, regularly pass Ordinance No. 1323, entitled: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING ORDINANCE NO. 696, AS ADOPTED ON THE 8TH DAY OF JANUARY 1940, AND AS CODIFIED IN CHAPTER 8.16 OF THE BOZEMAN MUNICIPAL CODE, DEFINING GARBAGE FOR THE PURPOSE OF THIS ORDINANCE; PROVIDING FOR THE COLLECTION AND DIS- POSITION THEREOF BY AND UNDER THE SUPERVISION AND CONTROL OF THE DEPARTMENT OF PUBLIC SERVICE, AND FOR DEFRAYING THE COST OF SUCH COLLECTION AND DISPOSITION BY SPECIAL ASSESSMENT AGAINST THE PROPERTY OF WHICH SUCH SERVICE IS RENDERED; AND PROVIDING PENAL TIES FOR VIOLATION OF THIS ORDINANCE. which Ordinance No. 1323, passed as aforesaid is hereby referred to and made a part of this Resolution for further particulars in respect to the basis and method of assessing the cost against property herein assessed; and WHEREAS, Ordinance No. 1323 further provides that said special assess- ments shall be made, levied, and collected annually in the same manner as are other specia I assessments and levies of the City of Bozeman; and WHEREAS, the City Commission of the City of Bozeman did on the 26th day of August 1991, regularly pass Commission Resolution No. 2840, entitled: A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE TAG SYSTEM FEES AND OTHER SPECIAL FEES FOR DEFRA YI NG THE COST AND EXPENSE OF COLLECTING AND DISPOSING OF GARBAGE UNDER THE PROVISIONS OF ORDI NANCE NO. 1323 OF THE CITY OF BOZEMAN MUNICIPAL CODE, AND SUPERSEDING COMMISSION RESOLUTION NO. 2832. which Commission Resolution No. 2840 provides for an optional flat fee for dumpsters, and the basis and method of assessing those fees; and WHEREAS, to defray the cost of garbage collection and disposal for the coming assessment year, the Commission must now establish an assessment to be levied for said services. NOW, THEREFORE, pursuant to the provisions of Sections 7-14-4105 and 7-14-4106, Montana Code Annotated, Ordinance No. 1323, the Bozeman Municipal Code, and the laws of the State of Montana, BE IT RESOLVED AND IT IS HEREBY ORDERED BY THE COMMISSION OF THE CITY OF BOZEMAN, STATE OF MONTANA: - . ,- - 2 - . ...... Section 1. That to defray the estimated cost and expense of collecting and disposing of garbage in the City of Bozeman, for the Fiscal Year 1992, a base assessment, plus the pro-rated optional flat fee for dumpsters w he re appropriate, 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 hereof, 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 Sched- ule "AlI; that the several sums set opposite the names of said owners and the described lots and parcels of land, be, and the same are hereby levied and as- sessed 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 par- cels 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 ac- cordance with Ordinance No. 1323 of the City of Bozeman, Montana, and the laws of the State of Montana governing the collection of Special Improvement Taxes; 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 del inquent taxes. Section 2. That the base rate for residential garbage collection shall be $40.00 per unit per annum, unless prorated as of the date that City service began or ended, for all properties serviced by the City of Bozeman or not serviced by any other private contractor licensed for garbage collection, and shall be assessed in conformance with Schedule II A, II attached hereto and by this reference made a part hereof as if fully set forth herein. Section 3. That this assessment be levied for the fiscal year of July 1, 1991 , through June 30, 1992, and be billed in October 1991 as are all other special assessments. Sect ion 4. That the regular session of the Commission of the City of Bozeman, Montana, to be held in the Commission Chamber in the City Hall of said City on the 21st day of October 1991, at 7:00 o'clock p.m., and the same is hereby designated as the time and place at which objections to the final adoption of the Resolution will be heard by said Commission. Section 5. That 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 newspaper printed and published in said City of Bozeman, a Notice signed by the Clerk of the Commission, stating that a Resolution levying . . " - 3 - "- and assessing a special assessment to defray the cost and expense of collection and disposition of garbage in the City of Bozeman for the Fiscal Year 1992 , against the property of which such service was rendered, is on fi Ie in the of- fice of the Clerk of the Commission 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 adoption of this Resolution, and, that said Notice shall be published at least ten (10) days before the date set by the Commission for hearing of objections and the final adoption of this Resolu- tion. Provisionally passed and adopted by the Commission of the City of Bozeman at a regular session thereof held on the 7th day of October 1991. Roi! !~ Mayor ATTEST: ~i~ It Clerk of the City Commission , . Finally passed and adopted by the Commission of the City of Bozeman at . . a regular session thereof held on the 21st day of October 1991. . ATTEST: ~.~~ Clerk of the City Commission .. . City Attorney J . .I ..~ . "'" . . ' . . -- NOTICE ------ HEARING, FINAL ADOPTION COMMISSION RESOLUTION NO. 2843 LEVYING A SPECIAL ASSESSMENT TO DEFRAY THE COST OF THE COLLECTION AND DISPOSITION OF GARBAGE FOR THE FISCAL YEAR 1992, AGAINST PROPERTY IN THE CITY OF BOZEMAN. NOTICE IS HEREBY GIVEN, that at a regular session of the Commission of the City of Bozeman held on the 7th day of October 1991, Commission Reso- lution No. 2843 was provisionally passed and adopted; that said Resolution levies and assesses a special assessment to defray the cost of collection and disposition of garbage in the City of Bozeman for the Fiscal Year 1992. . That said Commission Resolution No. 2843 is now on file in the office of the Clerk of the Commission of the City of Bozeman, subject to inspection of all persons interested, for a period of ten (10) days; that Monday, the 21 st day of October 1991, at 7:00 p.m. of said day at a regular session of the Commission of the City of Bozeman, in the Commission Room, in the City Hall Building, 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 pas- ... sage and adoption of said Commission Resolution No. 2843 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 amend- .. '- ments that may be made upon objections made and filed with the Clerk of the Commission within ten (10) days limit as provided by law. DA TED this 7th day of October 1991. ,,~.~~ Clerk of the City Commission Publish: Wednesday, October 9, 1991 ~ " , .