HomeMy WebLinkAboutResolution 2846 Levying and assessing delinquent snow removal
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COMMISSION RESOLUTION NO. 2846
A RESOLUTION OF
THE COMMISSION
OF THE CITY OF
BOZEMAN, MONTANA,
LEVYING AND ASSESSING
A SPECIAL
ASSESSMENT UPON
CERT AI N SPECIFIED REAL
PROPERTY IN
THE CITY
OF BOZEMAN, COUNTY OF
GALLATIN, STATE OF
MONTANA, UNLESS
PROVISIONALLY EXEMPTED, TO DE
FRAY
THE COST
AND EXPENSE FOR REMOVAL
OF SNOW AND ICE
FROM SIDEWALKS
IN THE CITY OF BOZEMAN
UNDER THE
PROVISIONS OF
ORDINANCE NO. 1171
OF THE CITY OF
BOZEMAN MUNICIPAL CODE.
WHEREAS, the City Commission of the City of Bozeman did on the 28th
day of January, 1985, regularly pass Ordinance No. 1171, entitled:
AN ORDINANCE
OF THE CITY COMMISSION
OF THE CITY OF
BOZEMAN, MONTANA, PROVIDING
FOR REMOVAL OF SNOW AND
ICE FROM SIDEWALKS; PROHIBITING DEPOSITING OF SNOW AND
ICE IN CERTAIN PLACES; AND IMPOSING PENAL TIES.
which Ordinance No. 1171
placed the duty on landowners to remove snow and
ice from sidewalks, and is hereby referred to and made a part of this Resolu-
tion for further particulars in respect to the basis and method of assessing the
cost against property herein assessed, and
WHEREAS, Ordinance
No. 1171 provides
that said special assessments
shall be made, levied and collected annually, for the costs of snow and ice re-
moval by the City against property which did not remove snow and ice, in the
same manner as are other special assessments and levies of the City of Boze-
man; and
WHEREAS, to enforce the collection
of amounts owed the City for the
cost of snow removal from
specified sidewalks in
the City of Bozeman, the
Commission hereby levies the amounts due as an assessment;
NOW, THEREFORE,
pursuant to the provisions of said
Ordinance No.
1171 and the Bozeman Municipal Code, Sections 7-14-4105 and 7-3-4453, Montana
Code Annotated, and other relevant laws of the State of Montana,
BE IT RESOLVED AND IT
IS HEREBY ORDERED BY THE COMMISSION
OF THE CITY OF BOZEMAN, STATE OF MONTANA
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 Ordinance No. 1171, 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
IrAIr , 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 IrAIr ; that the severa I
sums set opposite the
names of said owners and the described lots and parcels of land,
be, and the
same are hereby levied and assessed upon and against said lots and parcels of
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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 Ordinance
No. 1171 of the City of
Bozeman, Montana,
and the laws of the State of Montana governing the collec-
tion of Special Improvement Taxes;
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 cos ts . 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 1991
as are all other special assessments.
Section
4. That upon all
assessments levied and assessed, simple
in-
terest shall be charged at the rate of 10 percent per year from the date this
assessment becomes delinquent (December 1, 1991) to the date the assessment is
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 21st day of October 1990, at 7:00 o'clock p.m., and the same
is hereby designated
as the time and place
at which object ions to the
final
adoption of the Resolution will be heard by said Commission.
Sect ion
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 re-
moval of snow and ice from specified sidewalks in the City of Bozeman in Fiscal
Year 1991, 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 ( 1 0) days;
that said Notice shall state the time and place at which ob-
jections will be heard
by the Commission to the final adoption of this Resolu-
tion, 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.
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Provisionally passed and adopted by the Commission of the City of
Bozeman at a regular session thereof held
ATTEST:
~.~~
Clerk of the City Commission
Finally passed and adopted by the Commission of the City of Bozeman at
a regular session thereof held on the 21st day of October 1991.
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STATE OF MONTANA VJ.IO..... .,it..empted,t
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V1V1P Portnpll , Illg U Y sworn, lion,'.,." ,"M.
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deposes and says: That s he is Principal Clerk ~f"B"'.U"IOI".""..il;\:;.:,.'
- CIIyO OZ8!rn\11) '.' .',,'
State ofMoltt8l'ia "....'!f<J1{~"l."'.li
of the Bozeman Daily Chronicle, a newspaper of general circulation, eollntyofGaIIatiII' ":;,,:;*':~~;.v:t
I. Robin L. Sullivan. Clerk of
o d d bl' h d. B G II 0 C M d h h the City Commis~lol1bnhl
pnnte an pu IS e III ozeman, a atln ounty, ontana; an t at t e City of Boleman, Montana, do
hereby certify that the forego-.
notice hereunto annexed ( Commiss ion Resolut ion No. 2846 Ing is the true andcorre.ct title
and number 01 Commission' -
Resolution No. 2.8. 4.' 6 P.assed )
and adopted at a reQIJI.r..... _ ,
slon thereof held OIJ~a'.t
h be I bl' h do h I d . 0 f be f Od dayofOclober.1991.'...'
as en correct y pu IS e III t e regu ar an entIre Issue 0 every num r 0 saI ~Dated this 23rd day of Oc- _
tober, 1991.
for ~ oonseeutive insertion, the first of which publication was ma eon ..2: CteIk~~~L=~_
day of October 19~, and the last on the 25th 91
Subscribed aud sworn to before me this --1J1j;1tIay of octQ(~~ . . 19----'l.L
'- A) /~ a-41 A, v--:P--
Notary Public for the State of Montana, residing at
Bozeman, Montana .
~CT.~Y PUBUC torllla_.......
P,-.,i(ji:>g at Bozeman,.....
"'1' ...;;lrnni88lon" Mfa. _
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NOTICE
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HEARING, FINAL
ADOPTION COMMISSION RESOLUTION NO.
2846 LEVYING A SPECIAL ASSESSMENT
TO DEFRAY THE COST
FOR THE REMOVAL
OF SNOW AND ICE FROM SPECIFIED SIDE-
WALKS IN
THE CITY OF BOZEMAN IN
FISCAL YEAR 1991
AGAI NST 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 7th day of October 1991,
Commission Reso-
lution No. 2846
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 1991,
upon
all property to which such service was rendered.
That said Commission Resolution No.
2846 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 21st day of
October 1991, 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, 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 pas-
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STATE OF MONTANA, } ss.
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County of Gallatin,
Vivie Portnell
,
being duly sworn, WlA01d1B
I
deposes and says: That ...s.he is Pr~n("",;p!:ll rla,...I,
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of the Bozeman n~ i 1 Y Chronicle, a newspaper of general circulation,
's.uVN .liq P81/p8Jooy .
'eOUUlSlSSy
uOft8IJodsU8.t1. ., 6u!SnOH .
printed and published in Bozeman, Gallatin County, Montana; and that the
'pe!llIunO I! P!V 1.'OU8UI~ .
'U"U81SISSV lueW908ld qor .
'esuetll1 ISI""uwwo:;) MeN .
'SI8UOIIU9I\uo:;)
pus su,qnOQ
notice hereunto annexed ( Final AdoDtion of r.ommi~~ion Rp~nlllti
'spuql8bl uo 6UIU!II'.l .
1>l33M A1::t3^3
ElNU.I:IV.LS 838S\fl::>
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No. 2846
~o
';)ualln"
O)UI 100'1)$
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has been correctly published in the regular and entire issue of every number of
,.". ..........KI
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for --L- C6ft8eeutive-- . .
, the first of which publicat' n was
ln~prtl()n
day of October 19 ..2.l- , and the last on the
19 91
Subscribed and sworn to before me this
9th daYo(~M October
19
91
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Notary Public for the State of Montana, residing at
Bozeman, Montana
.
NOTARY PUBUC for the.... or MOIIIIa
Residing at BozlIIIIII, Montn
My Commiltlon.. ....1_
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1/30/91 09 35 35 SNO~; RE MOVAL AS :E NTS fOR.
THe. flj CAL Y tAR' 1992 ReS GLUT ION NO. 2846 PAGI:: 1
DISTo; ACCOUNT YEAI:\. NAME
L~GAL DESCxlPIION
AI'WUNT
7002 139209 1991 MCKcNL Ie, ItILlIAM D.
JR. BAt~-DAVIS W4S. uF LIZ &. l<t t,5,
<to Xl 0 a. 26.90
1002 14ltll1 1991 WEGLEt. THOMA.S L.
SEALlS 3RD 3-10 3LK6
30.50
70a2 17.5Q48 1991 FAGAN, MICHAt:.L A.
SUTTE LOTS 21-23 82
39.08
1002 181429 1991 JENI. GEORGL LAR~Y
CAP HILL LOI 1-3 833
122.1b
7002 181624 1991 PASS, SHIRLEY
A. &. CHARLES B. CAP HILL LDI 5-7 851
39.69
1002 319135 1991 JACOBSON. RUTH C.f.
GltNDALt LOTS 8-9 ELK 11 21.50
70Q2 359111 1991 MCl\.AE. CHAIstOPHE"
HJFfMAN~ L5~b Bf
.59.88
1002 .315348 1991 KVA~NICK, MICriAt..L M
IMc5 L22 & 23 Blt5
20.00
1002 605411 1991 GOLD AN, DAViS S.t LIN8A A.,
PA~K CENTER 55' LOTS 7-12 821
22.40
7002 6Q5810 1991 OA\iIS. COLIN h...
PA~K Elj.S' LOTS 1-3 B44 15. 16
1002 oS/111 1991 SEIILt fRANK J.
ROU.)c.') l.:iT to. L21, ALL 22, W1bL23 fir 20.7:;,
7002 12b132 1991 JENSEN, RICHARD W. & NEVA M.
SPRIN(.,BROOK EIOO' OF L 1-3 BLK 1 29.00
1002 76.5105 19<H RtlSgcCK, GtRALO R ~ KLAAS
IRACY~ 2 LOTS 20-21 BLK 0 71.45
597.07 ...
....
TOT AL NUMBER Of RECORDS PROCESSED 13