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Home My WebLink AboutResolution 4933 Levying and Assessing Delinquent Sidewalk Install and Repair for FY19 �x COMMISSION RESOLUTION NO. 4933 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 REPAIR, MAINTENANCE AND INSTALLATION OF SIDEWALKS IN THE CITY OF BOZEMAN UNDER THE PROVISIONS OF CHAPTER 34.04 OF THE CITY OF BOZEMAN MUNICIPAL CODE. WHEREAS, Chapter 34.04 of the Bozeman Municipal Code provides that every person with property abutting and fronting upon any street or alley within the corporate limits of the City are required to keep the public sidewalks immediately abutting their property in good order and repair; and WHEREAS,Chapter 34.04 of the Bozeman Municipal Code provides that the City may, at its discretion,through the director of public works,notify such owner that repairs are necessary to put such sidewalk in good order and such owner shall, within 30 days after such notification, under the supervision of the director of public works, complete such repairs, as specified in such notice. If the person fails to make the required repairs, the City may repair same and pay for such repairs. The amount so paid by the City shall be a lien upon the lot; and WHEREAS, Chapter 7-14-4122 of the Montana Code Annotated provides that if the owner of any lot fails to comply with the provisions of the ordinance within such time as may be prescribed thereby, the council may contract for the construction and repair of such sidewalks, pavements, curbs, gutters, or any combination thereof and the city or town may pay for the same. The amount so paid is a lien upon the lot and may be enforced or the amount may be recovered Page 1 of 4 Resolution 4933,Levying and Assessing Delinquent Sidewalk Install and Repair for FY19 against the owner by a suit before any court of competent jurisdiction. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: Section 1 That to recover the costs of repairing sidewalks which were not completed by November 30,2016 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 34.04 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 repair of sidewalks in the City of Bozeman shall be the cost of such work,including administrative and enforcement costs if accrued. Section 3 That this assessment be levied and be billed in October 2018 as are all other special assessments. Page 2 of 4 Resolution 4933,Levying and Assessing Delinquent Sidewalk Install and Repair for FI'19 Section 4 That upon all assessments levied and assessed, simple interest shall be charged at the rate of 10 percent per year from the date this assessment becomes delinquent(December 1, 2018)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 Commission Room in the City Hall of said City on the 1st day of October 2018, at 6:00 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,has published 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 recover the costs for repair or replacement of sidewalks in the City of Bozeman in Fiscal Year 2019, 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. Page 3 of 4 Resolution 4933,Levying and Assessing Delinquent Sidewalk Install and Repair for FY19 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 1 st day of October, 2018. Mayor ATTEST: 01 ♦ ♦ • ROBIN CROUGH J ■ City Clerk PIN•CO p�' APPROVED AS TO FORM: KAREN STAMWAUGH Assistant City Attorney Page 4 of 4 Schedule A FY19 DELINQUENT SIDEWALK REPAIR/INSTALLATION Acct# Owner Service Address Address City,State,Zip MR Acct# Transaction Date Total Due 25320 Nancy Cannon 521 N Grand Ave 738 Granite Ave Apt 206 Shelby,MT 59474 9319 10/23/2017 $ 1,852.30 97650 HSGH Montana LLC 217 W Lamme St 2066 Stadium Dr Ste 101 Bozeman,MT 59715 9331 11/12/2017 $ 5,461.90 23630 SLG Building LLC 421 W Mendenhall St 1421 Rumsey Ave Cody,WY 82414 10075 10/24/2017 $ 2,137.00 Total Due $ 9,451.20 NOTICE OF PUBLIC HEARING HEARING ON FINAL ADOPTION OF COMMISSION RESOLUTION NO.4933 LEVYING A SPECIAL ASSESSMENT TO RECOVER THE COSTS FOR REPAIR AND INSTALLATION OF SIDEWALKS IN THE CITY OF BOZEMAN IN FISCAL YEAR 2019 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 to be held on the 1 st day of October 2018, Commission Resolution No. 4933 will be considered; that said Resolution levies and assesses a special assessment to collect delinquent costs of repair and installation of sidewalks in the City of Bozeman,upon all property to which such service was rendered. That said Commission Resolution No.4933 is now on file in the office of the City Clerk of the Commission of the City of Bozeman, subject to inspection of all persons interested, for a period of five (5)days;that Monday, the 1 st of October 2018,at 6:00 p.m.of said day at a regular session of the Commission of the City of Bozeman,in the Commission Room,at City Hall, 121 N Rouse Ave,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.4933 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 20'day of September,2018. i B 42'� • L O•• • • • 4 'J� Robin Crough +.� • "; �� :' City Clerk ; U • L '' ' City of Bozeman * : ' ?` • l� • ■ ■ • • 0 Published in the Bozeman Daily Chronicle: rjN Co•�` Sunday, September 23, 2018 Sunday, September 30, 2018 i