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Home My WebLink AboutResolution 2941 Assessing delinquent snow removal charges -~ -'. ." . COMMISSION RESOLUTION NO. 2941 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 OF BOZEMAN UNDER THE PROVISIONS OF CHAPTER 12.24 OF THE CITY OF BOZEMAN MUNICIPAL CODE. WHEREAS, Chapter 12.24 of the City of 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 12.24 of the City of 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, Bozeman Municipal Code Section 12.24.040 provides that the City shall annually pass and adopt a resolution levying on assessment and tax 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 AND IS HEREBY ORDERED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, STATE OF MONT ANA: 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 12.24 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 12.24 of the City of 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 $20.00, whichever is greater, per occurrence. Section 3. That this assessment be levied and be billed in October 1993 as are all other special assessments. 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, 19931 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 Commission Chamber in the City Hall of said City on the 18th day of October 1993, at 7:00 o'clock 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 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 defray the cost and expense for the removal of snow and ice from specified sidewalks in the City of Bozeman in Fiscal Year 1993, 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. - 2 - -.-- ..-- ...-- .'"' ~. - . . . . PROVISIONALL Y PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 4th day of October 1993. ATTEST: G1k;/ ,.1~ ROBIN L. SULLIVAN Clerk of the Commission FINALLY PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 18th day of October 1993. ATTEST: atol~ ROBIN L. SULLIVAN Clerk of the Commission , APPROVED AS TO FORM: , :7 " / "'1 t1 ~ ~/ /"/..~' ICCf!J/}V:~ 'PAUL ./(~E City ~orney , . - 3 - . ~. " NOTICE HEARING ON FINAL ADOPTION OF COMMISSION RESOLUTION NO. 2941 LEVYING A SPECIAL ASSESSMENT TO DEFRAY THE COST FOR THE REMOVAL OF SNOW AND ICE FROM SPECIFIED SIDEWALKS IN THE CITY OF BOZEMAN IN FISCAL YEAR 1993 AGAINST PROPERTY IN THE CITY OF BOZEMAN TO WHICH SUCH SERVICE WAS RENDERED. NOTICE IS HEREBY GIVEN, that at a regular session of the Commission of the City of Bozeman held on the 4th day of October 1993, Commission Resolution No. 2941 was provisionally passed and adopted; that said Resolution levies and assesses a special assessment to defray the cost for the removal of snow and ice from sidewalks in the City of Bozeman in Fiscal Year 1993, upon all property to which such service was rendered. That said Commission Resolution No. 2941 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 18th of October 1993, 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. 2941 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 (10) days limit as provided by law. r. -- - DATED this 4th day of October 1993. (jJ~ :i ~ ROBIN l. SULLIVAN Clerk of the City Commission Publish: Thursday, October 7, 1993 . J ------ .. -.--- ~ ~ .- ~ - _ . ,___ .. ...-~..... .,..." --' J L J.J j.~:_ .-... 1 ..;, ruJ'\ l!""It ~lJLAL YEAR 1994 RESOLUTION NO. 2941 PAGE 1 OIST~ ACCOUNT YEAR NAME LEGAL OESCRIPTIU~ A M au N T 7002 143110 1993 THOMAJ~ MA'~fRcD J. A. BtALLS 2ND 17 ~ N2S' 18 0 208.89 T002 115222 1993 CAMPBELL, DEANNA BuTTE LOTS 8-10 BID 28.75 TOOL 175531 1993 ANDERSON, I-IARv E. BUTTE W75' LOTS 29- 32 B21 90 . 7 6 1002 344045 1993 BFH JUI NT vENTURE GU Y S 1 STili 2 6 ' 1/2A l3 E 114' 1/2A L4 37.50 1002 37:>045 1993 BOll NGE R, MARION IMES N la' OF L20 ALL Ll1 Ll4 831 71 . so I 1002 375285 1993 CLINE, RANDy C IMES Ll4 TO 26 B 43 32 .2 5 1002 549480 1993 DICKSON, DAVID o. f. JANA NP Nl/2 LuTS 17-22 B108 32.43 7002 605123 1993 PALMER, RICHARD MARY ANNE PARK W62.S' LOTS 23-24 810 73.69 1002 615003 1993 MCKENZIE, wILLIAM 0 t:. ROBERT PERKINS f. STONE TR L, LESS 4' S.5. 1 15.00 7002- 657189 1993 MCKENlIE, ROBERT ROUSES 1ST L1SE16 81 29.80 1002 7641 71 1993 VOULKuS, MANUEL H. TRACYS LOTS 47-48 BLK E 90.16 7002 7991 80 1993 PAlFFY. t-1AR Y F. UNPLATTED TR S OF MAIN BETWEEN 11TH&15TH 34.0 0 805.33 '* rOTAl NUMBER OF RECORDS PROCESSED 12