HomeMy WebLinkAboutResolution 3016 Assessment for delinquent sidewalk repair
COMMISSION RESOLUTION NO. 3016
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. TO COLLECT 1993 SIDEWALK REPAIR
CHARGES PLUS COSTS AND EXPENSES INCURRED BY THE CITY OF
BOZEMAN.
WHEREAS. pursuant to Sections 7-14-4122 and 7-15-4125. Montana Code Annotated,
the City has the power to regulate and provide for the repair of sidewalks; and
WHEREAS, Section 12.20.035 of the Bozeman Municipal Code provides that owners
and agents with property abutting and fronting upon any street or alley are required to keep
sidewalks in good order and repair; and
WHEREAS, the City may make the required repair to the sidewalks and pay for such
repairs whenever an owner fails to make the necessary repairs to the sidewalk after notification,
pursuant to Section 12.20.035, Bozeman Municipal Code; and
WHEREAS, Section 7-14-4122, Montana Code Annotated, and Section 12.20.035 of
the Bozeman Municipal Code, provide that the amount paid by the City shall be a lien upon the
lot and may be enforced; and
WHEREAS, the City made the necessary repairs to the sidewalks abutting or fronting
the properties listed in Schedule "A"; and
WHEREAS, to enforce the collection of amounts owed the City for the cost of providing
sidewalk repairs in the City of Bozeman, the Commission hereby specifically levies the amounts
due as set forth in Schedule "A" as an assessment;
NOW, THEREFORE, BE IT RESOLVED AND IT IS HEREBY ORDERED BY THE
COMMISSION OF THE CITY OF BOZEMAN, STATE OF MONTANA:
Section 1. That to collect sidewalk repair charges in the City of Bozeman, an
assessment is hereby levied against the responsible 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 hereof, 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 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 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 this assessment be levied and billed in October 1994 as are all other
special assessments.
Section 3. 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, 1994) to the date the assessment is paid.
Section 4. That the regular session of the Commission of the City of Bozeman,
Montana, to be held in the Commission Chamber in the City Hall of said City on the 24th day
of October 1994, at 7:00 o'clock p.m., and the same is hereby designated as the time and place
at which objections to the final adoption of the Resolution will be heard by said Commission.
Section 5. That the Clerk of the Commission of the City of Bozeman, be, and she
is hereby ordered and directed to publish in the Bozeman Daily Chronicle, a daily newspaper
printed and published in said City of Bozeman a Notice signed by the Clerk of the Commission,
stating that a Resolution levying and assessing a special assessment to collect sidewalk repair
charges, plus the costs and expenses incurred thereby, for providing sewer services in the City
of Bozeman in Fiscal Year 1994, against the property of which such service was rendered, 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 to the final adoption of this Resolution, and, that said Notice shall be published at
least ten (10) days before the date set by the Commission for hearing of objections and the final
adoption of this Resolution.
PROVISIONALL Y PASSED AND ADOPTED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 10th day of October 1994.
ATTEST:
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ROBIN L. SULLIVAN
Clerk of the Commission
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FINALL Y PASSED AND ADOPTED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 14th day of October 1994.
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J VINCENT, Mayor
ATTEST:
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ROBIN L. SULLIVAN
Clerk of the Commission
APPROVED AS TO FORM:
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NOTICE
HEARING ON FINAL ADOPTION OF COMMISSION RESOLUTION NO. 3016 LEVYING
A SPECIAL ASSESSMENT TO COLLECT DELINQUENT SIDEWALK REPAIR CHARGES
PLUS THE COSTS AND EXPENSES INCURRED BY THE CITY OF BOZEMAN IN FISCAL
YEAR 1994 AGAINST PROPERTY IN THE CITY OF BOZEMAN TO WHICH SIDEWALK
REPAIR SERVICE WAS RENDERED.
NOTICE IS HEREBY GIVEN, that at a regular session of the Commission of the City of
Bozeman held on the 10th day of October 1994, Commission Resolution No. 3016 was
provisionally passed and adopted; that said Resolution levies and assesses a special assessment
to collect sidewalk repair charges in the City of Bozeman for the Fiscal Year 1994, upon all
property to which such service was rendered.
That said Commission Resolution No. 3016 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; that Monday, the 24th of October 1994, at 7:00 p.m. of said day at a regular
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. 3016 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 made and filed with the Clerk of the Commission within ten (1 Q) days limit as
provided by law.
DATED this 10th day of October 1994.
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ROBIN L. SULLlV N
Clerk of the City Commission
Publish: Thursday, October 13, 1994
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