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HomeMy WebLinkAbout1993 and 1994 sidewalk programs - assessments \ " / COMMISSION RESOLUTION NO. 3080 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, LEVYING AN ASSESSMENT AND TAX AGAINST EACH LOT OR PARCEL OF LAND IN FRONT OF WHICH SIDEWALKS, CURBS, GUTTERS. AND ALLEY APPROACHES OR ANY COMBINATION THEREOF HAVE BEEN CONSTRUCTED UNDER ORDER OF CITY COMMISSION DATED JUNE 28, 1993. FOR THE 1993 SIDEWALK PROGRAM. AND UNDER ORDER OF CITY COMMISSION DATED JULY 5. 1994. FOR THE 1994 SIDEWALK PROGRAM, TO DEFRAY THE COST OF CONSTRUCTION OF SAID SIDEWALKS, CURBS. GUTTERS AND ALLEY APPROACHES OR ANY COMBINATION THEREOF. WHEREAS, the City Commission of the City of Bozeman, pursuant to Section ~ 7-14-4109, Montana Code Annotated on the 28th day of June 1993, adopted Commission Resolution No. 2922 which ordered that certain sidewalks, curbs and gutters and alley approaches be constructed in front of the property described therein; and WHEREAS, the City Commission of the City of Bozeman, pursuant to Section 7-14-4109, Montana Code Annotated on the 5th day of July 1994, adopted Commission Resolution No. 2986 which ordered that certain sidewalks, curbs and gutters and alley approaches be constructed in front of the property described therein; and WHEREAS, said sidewalks, curbs, gutters and alley approaches have been constructed; NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE COMMISSION OF THE CITY OF BOZEMAN, STATE OF MONTANA: Section 1 To defray the cost of constructing of said sidewalks, curbs, gutters, and alley approaches, or any combination thereof, there be and there is hereby levied and assessed a tax in the amount of ONE HUNDRED SEVENTEEN THOUSAND, TWO HUNDRED SEVENTY- FIVE AND 71/100 DOLLARS ($117,275.71) upon all properties in front of which have been constructed said sidewalks, curbs, gutters, and alley approaches, or any combination thereof, and that a particular description of each lot and parcel with the name of the owner, if known, the sum assessed against the owner for such improvements, and the amount of each partial payment to be made and the day when the same shall be delinquent is set forth in detail in the assessment list hereto attached, marked Schedule "A", and made a part hereof; that the several sums set opposite the names of the owners and the described lots and parcels of land are hereby respectively levied and assessed upon and against said described lots and parcels of land to defray the actual cost and expense of constructing and """ making the improvements; that the several sums so assessed be collected from the respective owners of said lots and parcels of land described in said assessment list, Schedule II A ", as required by law; that the payment of said sums shall be made in semi-annual installments and the payment of said installments shall extend over a period of 5 years; that the payment of the respective semi-annual installments shall be made on or before the 30th day of November and the 31 st day of May of each year until payment of all installments, together with the interest thereon, shall be made; that said sums shall be paid and the collection thereof shall be made in the manner and in accordance with the law governing the collection of special improvement assessments and taxes; that failure to pay such assessments when the same become due and payable shall make such persons and said lots and parcels of land liable to the penalties provided by law relative to delinquent assessments and taxes. Section 2 The special session of the Commission of the City of Bozeman, to be held in the Commission Room in the City Hall of said City on the 26th day of September 1995, at 7:00 o'clock p.m., is hereby designated as the time and place at which objections to the final adoption of this Resolution will be heard by said Commission. Section 3 The Clerk of the Commission of the City of Bozeman is hereby directed to publish in the Bozeman Daily Chronicle, a daily newspaper printed and published in the said City of Bozeman, a notice signed by the Clerk of the Commission and stating that a Resolution levy~ng and assessing a special assessment of taxes to defray the actual cost and expense of constructing said sidewalks, curbs, gutters and alley approaches or any combination thereof is on file in the office 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 for the final adoption of this Resolution; that said notice shall be published at least ten (10) days before the day set by the Commission for the hearing of objections and the final adoption of this Resolution; and that said notice shall also be mailed to the address determined from the last completed assessment roll for state, COUf'ty and school district taxes of each owner of each lot, tract or parcel of land to be assessed and to such other persons known to the Clerk to have an ownership interest in the property. - 2 - ~-- PROVISIONALL V PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana at a special session thereof held on the 14th day of September 1995. ( 1)d>1 L ~~ DON E. STUECK Mayor Pro Tempore ATTEST: (2~J.J~ ROBIN L. SULLIVAN Clerk of the Commission FINALL V PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana at a special session thereof held on the 26th day of September 1995. (a LA~ DON E, STUECK Mayor Pro Tempore ATTEST: ~J~ ROBIN L. SULLIVAN Clerk of the Commission APPROVED AS TO FORM: - 3 - -~-_._-- ----". ------------.-------.------.--- -.--..-- ..---.- NOTICE HEARING ON FINAL ADOPTION OF COMMISSION RESOLUTION NO. 3080 LEVYING AN ASSESSMENT AND TAX AGAINST EACH LOT OR PARCEL OF LAND IN FRONT OF WHICH SIDEWALKS, CURBS, GUTTERS, AND ALLEY APPROACHES OR ANY COMBINATION THEREOF HAVE BEEN CONSTRUCTED UNDER ORDER OF CITY COMMISSION DATED JUNE 28, 1993, FOR THE 1993 SIDEWALK PROGRAM, AND UNDER ORDER OF CITY COMMISSION DATED JULY 5, 1994. FOR THE 1994 SIDEWALK PROGRAM, TO DEFRAY THE COST OF CONSTRUCTION OF SAID SIDEWALKS, CURBS, GUTTERS AND ALLEY APPROACHES OR ANY COMBINATION THEREOF. NOTICE IS HEREBY GIVEN, that at a special session of the Commission of the City of Bozeman held on the 14th day of September 1995, Commission Resolution No. 3080 was provisionally passed and adopted; that said Resolution levies and assesses a special assessment to defray the cost of construction of sidewalks, curbs, gutters and alley approaches, or any combination thereof, constructed under order of the City Commission dated June 28, 1993, for the 1993 Sidewalk Program, and under order of the City Commission dated July 5, 1994, for the 1994 Sidewalk Program. Commission Resolution No. 3080 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. Tuesday, the 26th of September 1995, at 7:00 p.m. of said day at a special session of the Commission of the City of Bozeman, in the Commission Room, in the City Hall Building, 411 East Main Street, 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. 3080 and the levying of said assessment; and that said Resolution will be finally passed and adopted at said special session of said Commission. subject to such corrections and amendments that may be made upon objections. DA TED this 14th day of September 1995. (}LcI ~ ROBIN L. SULLIVAN Clerk of the City Commission Publish: Friday, September 15, 1995