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HomeMy WebLinkAboutResolution 2812 Levying and assessing delinquent snow removal charges -, '", \.-. COMMISSION RESOLUTION NO. 2812 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYI NG AND ASSESSI NG A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO DEFRAY 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, passed as aforesaid is hereby referred to and made a part of this Resolution 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 in the same manner as are other special assessments and levies of the City of Bozeman; 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 and the 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 IIAII, 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 IIA" ; 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 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. Sect ion 2. That the fee for remova I 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 $20.00 per occurrence. Section 3. That this assessment be levied and be billed in October 1990 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, 1990) to the date the assessment is paid. Sect ion 5. That the regula r 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 1 st day of October 1990, 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 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 1990, 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 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 ( 1 0) days before the date set by the Commission for hearing of objections and the final adoption of this Resolution. Provisionally passed and adopted by the Commission of the City of - 2 - -~- .-.. ..---.-----,,------- -.-- .-------.. --. ". " Bozeman at a regular session thereof held 6n the 17th day of September 1990. ATTEST: (jitL.i~ 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 1st day of October 1990. Rof(14 Mayor ATTEST: {i;~L.~~ Clerk of the City Commission APPROVED AS TO FORM: . i~1 ... City Attorney t \ . - 3 - ...--. " NOTICE ------ HEARl NG, FINAL ADOPTION COMMISSION RESOLUTION NO. 2812 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 1990 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 17th day of September 1990, Commission Resolution No. 2812 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 1990, upon all property to which such service was rendered. That said Commission Resolution No. 2812 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 1st day of October 1990, 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- sage and adoption of said Commission Resolution No. 2812 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. Dated this 17th day of September 1990. ~Z~ RO L. SULLIVAN Clerk of the City Commission Publ ish: Thursday, September 20, 1990 ~ ~ -to: .~-_.- 4 ....! ~ '13/90 08 06 54 SNOW REMOVAL ASSESSMENTS FISCAL YEAR 1991 RESOLUTION:: 2812 SCHEDULE A PAGE It) ACCOUNT DIST # YEAR OWNER NAME LEGAL DESCRIPTION ASSESSMENT ccc.c.'.."':\.... . ,~- ; 139251 7002 1990 LUND, KIRK K. BAS-DAVIS LID B5 29.38 115048 7002 1990 FAGAN, MICHAEL A. BUTTE LOTS 21-23 82 68.12 175300 7002 1990 CARRICO, JANE BUTTE LOTS 17-18 812 29.37 t} 175321 7002 1990 BPM c.QRPORATION BUTTE LOTS 9-10 B13 29.37 181102 7002 1990 STORK, DAVID & OUANNE CAP HILL Nl/2 LOT 25 & ALL 26 B3 54.78 181429 1002 1990 JENT. GEORGE LARRY CAP HILL LOT 1-3 833 226.24.~ 344033 7002 1990 YANEY, RALPH GUYS IST~.~O FT 1/? A l3 139.6~_ 344045 7002 1990 SFHJOINT VENTURE GUYS 1ST W26'l/zA L3 E114' l/ZA l4 231.25 345048 7002 1990 MONT ANA GET A WA Y, INC GUVS 2ND N. 60FT LB . . . n .... .iin~ 3n2:') 350051 7002 1990 VANEY. RALPH 0 & LUCILLE HARPERS W 10'L10 ALL L11-13 BB PLUS LIN 70.56 359111 lQ02 1990 MCRAE, CHRISTOPHER HOFFMANS L5&6 SF 29.38 375348 700Z 1990 KVASNICK, MICHAEL M I1o1ES LZ2 & 23 845 29.37 ::) 472061 7002 1990 HOLLENSTEINER, WALTER R. LECLAIR SUB lOT 12 9.13 569129 7002 1990 BOZEMAN MULTI LEVEL SHOPPING 0 P PORT L15-16 ALL L 17 TO 19 BO 32.37 608001 7002 1990 WOOD, KENNY A. & CHRISTINA W. PARKSIDE Ll SA 57.50() 615006 7002 1990 KERNS, JOSH & ROSOK, LISA PERKINS & STONE TR 2 81 50.38 640045 7002 1990 WEl, C L. CHENG RICHARDS SUB Ll 62 53.75 730201 7002 1990 SEBENA. WILLIAM STORYS S65' L22 5651 OF W121 L23 BLK G 26.94 {) 730213 7002 1990 5ESENA, WILLIAM J. STORYS LOTS 25-26 BLK G 29.00 764111 7002 1990 VOULKOS, MANUEL H. TRACVS LOTS 47-48 BLK E 58.43 716123 7002 1990 BUSCHING. HOWARD E f. JUN E UNIV SUB El/2 LOT 16, ALL 17 B5 31.81 ~J 799210 7002 1990 PALFFY, MARY F. UNPLATTED AREA S MAIN BETWEEN 11&15IH 360.81 ) 1,678.95 * , , TOTAL NUMBER OF RECORDS PROCESSED 22 j ~ "" J" --.~ }-