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HomeMy WebLinkAboutResolution 4190 Special Assessment for Solid Waste COMMISSION RESOLUTION N0.4190 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, TO DEFRAY THE COST AND EXPENSE OF COLLECTING, REMOVING AND DISPOSING OF SOLID WASTE. WHEREAS, Section 8.16.050 of the Bozeman Municipal Code provides for the monthly billing of customers on the City's solid waste collection system; and WHEREAS, Chapter 8.16 of the Bozeman Municipal Code requires a resolution annually establishing the rates for the collection, removal and disposal of solid waste; and WHEREAS, on the 13th day of August 2001, the City Commission of the City of Bozeman adopted Commission Resolution No. 3467, which established the rates the City charges customers for the collection, removal and disposal of solid waste; and WHEREAS, on the 17th day of March 2003, the City Commission of the City of Bozeman adopted Commission Resolution No. 3581, amending the rates the City charges customers for the collection, removal and disposal of solid waste; and WHEREAS, certain customers on the City's solid waste collection system failed to pay the charges or fees for the collection, removal and disposal of this waste from their property. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, State of Montana: Section 1 To defray the costs of the collection, removal and disposal of solid waste from property where the customer has failed to pay the appropriate charge or fee, 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, and which includes a particular description of each lot and parcel of land with the name of the owner and/or owners with the sum assessed against the same set forth therein; 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 the laws of the State of Montana governing the collection of special assessments; and 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 for such assessment and any penalties provided by law relative to delinquent taxes. Section 2 This assessment be levied and be billed in October 2009 as are all other special assessments. Section 3 The regular session of the Commission of the City of Bozeman, Montana, to be held in the Commission Room at City Hall in said City on the 28th day of September 2009, at 6:00 p.m., is designated as the time and place at which objections to the final adoption of the Resolution will be heard by said Commission. Section 4 The City Clerk of the City of Bozeman is hereby directed to publish in the Bozeman Daily Chronicle, a daily newspaper printed and published in said City of Bozeman a Notice signed by the City Clerk, stating that a Resolution levying and assessing a special assessment against the property for which solid waste services were rendered, to defray the cost and expense for collecting, removing and disposing of solid waste from specified properties in the City of Bozeman in Fiscal Year 2009, is on file in the office of the City Clerk; 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. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 28th day of September 2009. KAARENJACO ON Mayor .,< <.~ ~jF, B ~2,~, ATT ~ ~ , ~.. .t - S ~' City C}e.~ ~, ^ M ! (~w4' ~ Leto.. ~ APPROVED AS TO FORM: -2- NOTICE HEARING ON FINAL ADOPTION OF COMMISSION RESOLUTION NO. 4190 LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE OF COLLECTING, REMOVING AND DISPOSING OF SOLID WASTE. NOTICE IS HEREBY GIVEN, that at a regular session of the Commission of the City of Bozeman will be held on the 28th day of September 2009, Commission Resolution No. 4190 will be passed and adopted; that said Resolution levies and assesses a special assessment to defray the cost and expense of collecting, removing and disposing of solid waste in the City of Bozeman in Fiscal Year 2009, upon all property to which such service was rendered. DATED this 13th day of September 2009. STACY ULMEN City Clerk