HomeMy WebLinkAboutResolution 5075 Levying and Assessing a Special Assessment to Defray the Cost and Expense of Snow and Ice Removal from Sidewalks t�
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RESOLUTION NO. 5075
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
34.06 OF THE CITY OF BOZEMAN MUNICIPAL CODE.
WHEREAS,Chapter 34.06 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 34.06 of the 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 34.06.040 of the Bozeman Municipal Code provides that the City
shall annually pass and adopt a resolution levying on assessment 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:
Page 1 of 4
Resolution 5075,Levying and Assessing Delinquent Snow Removal Charges for FY20
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 34.06 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 34.06 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$30.00, whichever is greater,per occurrence.
Section 3
That this assessment be levied and be billed in October 2019 as are all other special
assessments.
Page 2 of 4
Resohrtion 5075,Leging and Assessing Delinquent Snow Removal Charges for FI'20
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, 2019)
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 Montana State University Strand Union, Ballroom C, 751 West Grant Street, Bozeman,
Montana, on the 7th day of October 2019, 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 defray the
cost and expense for the removal of snow and ice that occurred in Fiscal Year 2019 from specified
sidewalks in the City of Bozeman, 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 5075,Levying and Assessing Delinquent Snow Removal Charges for FY20
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman,Montana, at a regular session thereof held on the 71h day of October 2019.
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CHRIS MEHL
O Z., Deputy Mayor
ATTEST: ��' $
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City Clerk •• y a�3 .'.�.
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LAIN co APP VED S TO FORM:
Al
G SULLIVAN
C' Attorney
Page 4 of 4
Schedule A
FY20
DELINQUENT SNOW REMOVAL
LID Owner Service Address MR Acct# Transaction Date Amount Due
19670 Angel,Samuel 901 W Lamme St 10361 1/9/2019 $369.75
10444 Baumgardner Rental 1085 Rosa Way 10444 3/7/2019 $472.50
65810 Brandenburger, Michelle 302 E Granite Ave 4524 1/19/2019 $435.00
177440 Bronken, Casey M 824 Flanders Creek Ave 10442 3/27/2019 $180.00
3380 Castls MT1 LLC 401 S Tracy Ave 10436 3/30/2019 $510.00
17410 Greef, Sonya Rae 1204 W Story St 10351 1/16/2019 $378.00
182110 Krotik, Barton, Cynthia & Regan 3836 Potosi St 10443 3/27/2019 $60.00
19170 Lindeen,James Alan 516 S 11th Ave 9406 3/24/2019 $135.00
17750 Lindemulder, Marilyn 924 W Babcock St 10406 3/26/2019 $225.00
19930 McDaniel, Delmar 404 S 11th Ave 8629 12/17/18, 1/10/19, 3/24/19 $973.75
178790 Murray, Brandy 1897 Buckrake Ave 10441 3/27/2019 $67.50
39550 Storb, Meryl Biestiot 2012 S Black Ave Unit A 10369 1/8/2019 $333.00
$4,139.50
-472.5
$3,667.00