HomeMy WebLinkAboutResolution 5074 Levying and Assessing a Special Assessment to Defray the Cost and Expense for Repair, Maintenance, and Installation of Sidewalks co.d►
RESOLUTION NO. 5074
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.
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Resolution 5074,Leiying and Assessing Delinquent Sidetvalklnstall and Repair for FP20
The amount so paid is a lien upon the lot and may be enforced or the amount may be recovered
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 I
That to recover the costs of repairing sidewalks which were not completed by November
30,2017 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 2019 as are all other special
assessments.
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Resolution 5074,Leiryitag and Assessing Delinquent Sidewalk Install and Repair for FI20
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 Building, 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 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.
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Resolution 5074,Levying and Assessing Delinquent Sidewalk Install and Repair for FY20
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 7th day of October,2019.
CHRIS MEHL
Deputy Mayor
ATTEST: �� $O2�'lyl'
ROB CROUGH Q5
City Clerk
" 3
` TIN c°; APPR ED AS TO FORM:
G G LIVAN
City Attorney
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Schedule A
FY20
DELINQUENT SIDEWALK REPAIR
Acct# Owner Service Address Address City,State,Zip MR Acct# Transaction Date Total Due
21910 Barbieri,James/Kaitlyn 1810 W Olive St Unit 2-C PO Box 205 Onyx,CA 93255 10311 Aug/Sept 2018 $132.15
21860 Schroeder,Adrienne&David 1810 W Olive St Unit 2-A 226 S Bozeman Ave Bozeman,MT 59715 10309 Aug/Sept 2018 $132.15
21450 Smith,Elizabeth 1607 W Olive St 2770 Hidden Valley Rd La Jolla,CA 92037 10307 Aug/Sept 2018 $858.50
$1,122.80