HomeMy WebLinkAboutResolution 3962 Delinquent Snow Assessment FY 07
COMMISSION RESOLUTION NO. 3962
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
PROVISIONALL Y EXEMPTED, TO DEFRAY THE COST AND EXPENSE
FOR REMOVAL OF SNOW AND ICE FROM SIDEWALKS IN THE CITY 01,'
BOZEMAN UNDER THE PROVISIONS OF CHAPTER 12.24 OIl' THE CITY OF
BOZEMAN MUNICIPAL CODE.
WHEREAS, Chaptcr 12.24 of the Bozeman Municipal Code provides that every person in charge
or control of any bUlldmg or land fronting or abutting on a pavcd sidewalk shall remove and clear away snow
and ice from said ~Idewalk; and
WHEREAS, Chaptcr 12.24 of the Bozeman Municipal Codc provides that special assessments
~hall he made, levied and collected annually, for the costs of snow and ice removal hy the City against
property which per~on in charge or control of said property failed to rcmove; and
WHEREAS, Section 12.24.040 of the Bozcman Municipal Code provide~ that the City shall
annually pa~s and adopt a resolution levying on assessment and tax against cach lot or parcel of land fronting
or ahutting on the ~idewalks which said snow or ice was caused to be c1ear'ed by the City.
WHEREAS, The regular session ofthe Commission of the City of Bozeman, Montana, held in the
Community Room in the Gallatin County Courthouse on thc 25th day of September 2006, at 6:00 p.m., was
designated as the timc and place at whIch objections to the final adoption of the Resolution would be heard
hy the Commission.
WHEREAS, The City Clerk of the City of Bozeman, dId causc to be published in the Bozeman
Daily Chronicle, a claily ncwspaper printed ancl published in the City of Bozeman, a Notice stating that a
Resolution levying and assessing a special assessment to defray the cost and expen~e [or the removal of
snow and ice from spccified sidewalks in the City of Bozeman in Fiscal Year 2006, against the property of
which such service was rendercd, and that said Notice stated the time and placc at which objections could be
heard by the Commission to the final adoption of this Resolution.
NOW, THEREFORE, HE IT RESOLVED by thc City Commission of the City of Bozeman,
Montana:
Section 1.
That to defray the estimatecl cost and expense for removal of snow and icc ti'om
sidewalks in the City of Bozeman, plus penaltics authorized by Chapter 12.24 of the Bozeman Municipal
Code, an assessmcnt is herehy levied against the property and the several lots, pieces and parcels of land
thereof within the City of Bozeman as sct forth in Schcdule "A", which is attachcd hcreto and macle a pmt of,
a particular description of each lot and parcel of land with the name of the owner and/or owners and the sum
asscsscd against the same is set forth in the assessment list in Schedule "A"; that the several sums set
opposite thc names of said owners and the described lots and parcels of land, are hereby levied and asscssed
upon and against saicllots and parcels of land for said purpose; that the several sums bc collected from the
rcspcctivc owners of saicllots ancl parcels of land described in said assessment list and ownecl by them; that
the said sums shall be paid and the collection thcreofbc made in thc manncr and in accordance with Chapter
12.24 of the Bozeman Municipal Code, and thc laws of the Statc of Montana governing the collection of
special assessments; that failure to pay such assessment when the same shall become due and payablc shall
make such persons and such lots and parcels of land liable to the penalties provided by law rclative 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. Aclministrative
and enforcement costs shall not exceed 20 pcrcent or $20.00, whichever is greatcr, pcr occurrence.
Section 3.
That this assessment be levied and be billed in October 2006 as are all other special
assessments.
Section 4.
That upon all assessments levied ancl assessed, simple interest shall be charged at
the rate of 10 percent per year from the date this assessment becomes delinquent (December 1,2006) to the
date the assessmcnt it paid.
PASSED AND ADOPTED by the City Commission of the City of Bozcman, Montana, at a
regular session thereof held on the 25th day of September 2006.
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BRIT FONTENOT, City CI
ATTEST:
APPROVED AS TO FORM:
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