HomeMy WebLinkAboutResolution 2641 Certifying Valley Unit '82-85 delinquent assessments to County: 12-15-86
COMMISSION RESOLUTION NO. 2641
A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN,
MONTANA DECLARING ANNUAL AND SEMI-ANNUAL SPECIAL ASSESS-
MENT INSTALLMENTS PREVIOUSLY DUE AND PAYABLE FOR SPECIAL
IMPROVEMENT D I STRI CTS 621, 622, 623, 624, 625 AND 637, AND UN-
PAID, DELINQUENT, AND DIRECTING THE DIRECTOR OF FINANCE
TO CERTIFY THE SAME TO THE COUNTY TREASURER FOR COLLEC-
TION AS PROVIDED BY CHAPTER 2.32 OF THE BOZEMAN MUNICIPAL
CODE AND SECTION 7-6-4423 AND 7-12-4188, MONTANA CODE AN-
NOTATED.
WHEREAS, pursuant to Chapter 2.32 of the Bozeman Municipal Code, the Director
of Finance has prepared and filed with the Commission of the City of Bozeman, a report
entitled Schedule "A" on SID Nos. 621, 622, 623, 624, 625 and 637 describing the lot or
parcel subject to the assessment, the name and address of the persons assessed, showing
all annual and semi-annual special assessments due and payable as of November 30, 1982;
May 31, 1983; November 30, 1983; May 31, 1984; November 30, 1984; May 31, 1985; and
unpaid as of 5: 00 p. m. on those dates, and the amount due thereunder with penalty; and
WHEREAS, pursuant to Sections 7-6-4423 and 7-12-4188, Montana Code Annotated,
the City Commission of the City of Bozeman deems it necessary and proper, in order to
protect the interests of the residents of the City of Bozeman and the bondholders of the
respective Special Improvement District bonds, to declare all semi-annual special assess-
ments due and payable as noted above, and unpaid as of those dates. delinquent and to
certify the same to the Gallatin County Treasurer for collection as other delinquent taxes,
and the property and/or properties may be sold the same as other property is sold for
taxes; and
WHEREAS, the District Court of the Eighteenth Judicial District did on 8th day of
December 1982, issue a Temporary Restraining Order which prevented the City from certi-
fying any unpaid special assessments on the above stated Special Improvement Districts;
and
WHEREAS, the District Court of the Eighteenth Judicial District did on the 26th
day of August 1986, issue an Order of Dismissal for the above stated Temporary Restrain-
ing Order;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
BOZEMAN:
Section 1. That all annual and semi-annual special assessments and installments of
special assessments, due and payable as of November 30, 1982; May 31, 1983; November
30,1983; May 31,1984; November 30,1984; and May 31,1985; and unpaid as of those
dates, as set forth in Schedule "A" hereto attached and made a part hereof, be and the
same are declared delinquent;
Section 2. That the Director of Finance be, and he is hereby directed to certify
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all annual and semi-annual special assessments and installments of special assessments,
delinquent, with penalty, as herein provided and as shown by Schedule "N' to the
County Treasurer of Gallatin County for collection as other delinquent taxes.
Section 3. That within ten (10) days from and after the filing of said certificate,
the Director of Finance shall publish in one issue of the Bozeman Daily Chronicle, Notice
as provided by Chapter 3.04.130 of the Bozeman Municipal Code.
Section 4. That the County Treasurer shall proceed with the collection of all an-
nual and semi-annual special assessments or installments of special assessments, as set
forth in Schedule "A)' that the same shall be spread upon the delinquent tax list of the
County of Gallatin for the year 1986, and the same shall be collected as other delinquent
taxes; and that in the case the same are paid, collection shall be made by the County
Treasurer of Gallatin County, as provided by Sections 7-12-4181, 7-12-4182, and
7-12-4183, M.C.A., and that in the case the same are not paid, the whole property shall
be sold as in the case of other properties sold for nonpayment of taxes.
Section 5. That the Director of Finance, under the direction of the City Manager,
shall attend at the time and place for sale of the property for delinquent taxes, as pro-
vided by Chapter 2.32 of the Bozeman Municipal Code.
Section 6. That a copy of this Resolution, together with Schedule "A" attached
hereto and made a part hereof, shall on or before the 19th day of December 1986 be filed
with the County Clerk and Recorder and the County Treasurer of Gallatin County. ~
Section 7. That, pursuant to Chapter 3.04.120 of the Bozeman Municipal Code, .
attached hereto and made a part hereof, shall be a certificate of the Director of Finance.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana,
at a regular session thereof held on the 15th day of December 1986.
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. r I 1 C'J..J<'_U-"LP
. _ ". AT RE, Mayor
ATTEST:
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(', /. ! 1 0
I ~ ex! ttt~..~
R L. SU L f:J
Clerk of the Commission
jj;;;[jf:L- ·
City Attorney ,
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CERTIFICATE OF DIRECTOR OF FINANCE
I, Miral D. Gamradt, the duly appointed, qualified and acting as Director of
Finance of the City of Bozeman, Montana, do hereby certify that the attached schedules
marked Schedule "A" and made a part of Commission Resolution No. 2641, is a true and
correct list of all annual and semi-annual delinquent special assessments and subsequent
installments of special assessments due and owing the City of Bozeman as of November 30,
1986, at 5: 00 p. m.
That this certificate and Schedule "A" attached hereto are made pursuant to and in
conformance with Chapter 2.32 of the Bozeman Municipal Code of the City of Bozeman,
Montana.
I N WITNESS WHEREOF, I hereunto set my hand this 15th day of December 1986.
m~e fl' 8A~f
Director of Finance