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HomeMy WebLinkAboutResolution 2810 Levying and assessing delinquent garbage FY91 ..~ .. ... COMMISSION RESOLUTION NO. 2810 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSI NG A SPECIAL ASSESSMENT UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLA TI N, STATE OF MONTANA, UNLESS PROVISIONALL Y EXEMPTED, TO DEFRAY THE COST AND EXPENSE OF COLLECTING AND DISPOSING OF GARBAGE UNDER THE PROVISIONS OF ORDINANCE NO. 696 OF THE CITY OF BOZEMAN MUNICIPAL CODE. WHEREAS, the City Commission of the City of Bozeman did on the 8th day of January, 1940, regularly pass Ordinance No. 696, entitled: AN ORDI NANCE DEFINING GARBAGE FOR THE PURPOSE OF THIS ORDINANCE, PROVIDING FOR THE COLLECTION AND DIS- POSITION THEREOF BY AND UN DER THE SUPERVISION AND CONTROL OF THE DEPARTMENT OF PUBLIC WELFARE, AND FOR DEFRAYING THE COST OF SUCH COLLECTION AND DISPOSITION BY SPECIAL ASSESSMENT AGAINST THE PROPERTY OF WHICH SUCH SERVICE IS RENDERED, AND PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE. which Ordinance No. 696, 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. 696 further provides that said special assess- ments 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 defray the cost of garbage collection and disposal for the coming assessment year, the Commission must now establish an assessment to be levied for said services; and WHEREAS, the City Commission has directed the staff to pursue an alternative method of assessment for garbage collection, which is to be in place prior to July 1, 1991. NOW, THEREFORE, pursuant to the provisions of said Ordinance No. 696 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 of collecting and disposing of garbage in the City of Bozeman, for the Fiscal Year 1991 , 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 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 the assessment list in Sched- ule "A"; that the several sums set opposite the names of said owners and the described lots and parcels of land, be, and the same are hereby levied and as- --,...,--_.~--- ---. - - . <- " sessed 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 par- cels 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 ac- cordance with Ordinance No. 696 of the City of Bozeman, Montana, and the laws of the State of Montana governing the collection of Special Improvement Taxes; that failure to pay such assessment when the same shall become due and pay- able 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 base rate for residential garbage collection shall be $71 .40 for a 4-room, 1-unit residence, and that all resulting fees are set forth in Schedule "B", attached hereto and by this reference made a part hereof. Sect ion 3. That this assessment be levied for the fiscal year of July 1, 1 990, through June 30, 1991 , and be billed in October 1990 as are all other special assessments. Section 4. The City Manager, upon recommendation from the Director of Finance and the Director of Public Service, may make a reduction in the annual garbage collection and disposal assessment to an amount not less that $55.00. To be considered for an adjustment, the appl icant must fill out an appl ication for an adjustment and must respond affirmatively to all of the following ques- tions: 1. Is the residence a single-family residence, with no portion being rented out? 2. Do two or fewer people live in the residence? 3. Are all of the occupants (two maximum) on social security? 4. Is it an owner-occupied residence? Section 5. The City Manager, upon recommendation from the Director of Finance and the Director of Public Service, may also make a reduction in the annual garbage collection and disposal assessment to an amount not less than $55.00. To be considered for this adjustment, the appl icant must fill out an application for an adjustment and must respond affirmatively to all of the following questions: 1. Is the residence a single-family residence, with no portion being rented out? 2. Is it an owner-occupied residence? 3. Is the quantity of garbage collected each week from said residence equal to no more than one 32-gallon garbage can? 4. Do you actively participate in recycling? - 2 - .1" " S. Do you compost your organic wastes or participate in the City's compost collection program? Said request for reduction will be considered following a review of the actual amount and type of garbage collected over an extended period of time during the fiscal year; and said reduction will be distributed to approved ap- plicants in June 1991. Section 6. 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 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 adop- tion of the Resolution will be heard by said Commission. Section 7. 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 dai Iy 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 of collection and disposition of garbage in the City of Bozeman for the Fiscal Year 1991, against the property of which such service was rendered, is on file in the of- fice 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 Resolu- tion. Provisionally passed and adopted by the Commission of the City of Bozeman at a regular session thereof held on the 17th day of September 1990. R Mayor ATTEST: ~~.~~ Clerk of the City Commission Finally passed and adopted by the Commission of the City of Bozeman at - 3 - - -,,_.. -----...----... .. , , a regular session thereof held on the ~ day of October 1990. R"~ Mayor ATTEST: (i?~. L~ Clerk of the City Commission APPROVED AS TO FORM: 6~~ City Attorney J " J - , . - 4 - -~. __.__.__ ._______ n.. ___ <c". ~ /" ~ ~, NOTICE ------ HEARl NG, FINAL ADOPTION COMMISSION RESOLUTION NO. 2810 LEVYING A SPECIAL ASSESSMENT TO DEFRAY THE COST OF THE COLLECTION AND DISPOSITION OF GARBAGE FOR THE FISCAL YEAR 1991 , AGAINST PROPERTY IN THE CITY OF BOZEMAN. 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. 2810 was provisionally passed and adopted; that said Resolution levies and assesses a special assessment to defray the cost of collection and disposition of garbage in the City of Bozeman for the Fiscal Year 1991. That said Commission Resolution No. 2810 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 1 st 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. 2810 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 amend- ments that may be made upon objections made and filed with the Clerk of the ~ Commission within ten (10) days limit as provided by law. . DA TED this 17th day of September 1990. /~ yJ ~ l c:xo I ROBIN L. SULLIVAN Clerk of the City Commission Publ ish: Thursday, September 20, 1990 t I- I ..-- "~