HomeMy WebLinkAboutResolution 3547 Assess deliquent snow removal (2)
COMMISSION RESOLUTION NO. 3547
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, LEVYING AND ASSESSING 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
CHAPTER 12.24 OF THE CITY OF BOZEMAN MUNICIPAL CODE.
WHEREAS, Chapter 12.24 ofthe Bozeman Municipal Code provides that every person in charge
or control of any building or land fronting or abutting on a paved sidewalk shall remove and clear away snow
and ice from said sidewalk; and
WHEREAS, Chapter 12.24 of the Bozeman Municipal Code provides that special assessments
shall be made, levied and collected annually, for the costs of snow and ice removal by the City against
property which person in charge or control of said property failed to remove; and
WHEREAS, Section 12.24.040 of the Bozeman Municipal Code provides that the City shall
annually pass and adopt a resolution levying on assessment and tax against each lot or parcel of land
fronting or abutting on the sidewalks which said snow or ice was caused to be cleared by the City.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
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 Chapter 12.24 of the Bozeman Municipal
Code, 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
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 "A"; 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 Chapter 12.24 of the Bozeman Municipal Code, and the laws of the State of Montana
governing the collection of special assessments; 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.
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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 costs. 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 2002 as are all other
special assessments.
Section 4. That upon all assessments levied and assessed,
simple interest shall be charged
at the rate of 1 0 percent per year from the date this assessment becomes delinquent (December 1 , 2002)
to the date the assessment it paid.
Section 5. That the regular session ofthe Commission
ofthe City of Bozeman, Montana, to
be held in the Commission Room in the City Hall of said City on the 14th day of October 2002, at 7:00 p.m.,
be designated as the time and place at which objections to the final adoption ofthe 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 removal of snow and ice from
specified sidewalks in the City of Bozeman in Fiscal Year 2002, 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 five
(5) days; that said Notice shall state the time and place at which objections will be heard by the Commission
to the final adoption ofthis Resolution, and, that said Notice shall be published at least five (5) 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 City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 30th day of September 2002.
ATTEST: STd-R.:{~f-
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ROBIN L. SULLIVAN
Clerk of the Commission
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FINALLY PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana,
at a regular session thereof held on the 14th day of October
2002.
STEdR.~~
ATTEST:
GlI.:- ;/ ~
ROBIN L. SULLIVAN
Clerk of the Commission
APPROVE.p, AS TO FORM:
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NOTICE
HEARING ON FINAL ADOPTION OF COMMISSION RESOLUTION NO. 3547 LEVYING
A SPECIAL ASSESSMENT TO DEFRAY THE COST FOR THE REMOVAL OF SNOW AND
ICE FROM SPECIFIED SIDEWALKS IN THE CITY OF BOZEMAN IN FISCAL YEAR 2002
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 30th day of September 2002, Commission Resolution No. 3547 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 2002, upon all property to which such
service was rendered.
That said Commission Resolution No. 3547 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 five (5) days; that
Monday, the 14th of October 2002, 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, 411 East Main Street, 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 passage and adoption of said Commission Resolution No. 3547
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.
DATED this 30th day of September 2002.
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RO IN L. SULLIVAN
Clerk of the City Commission
Publish: Wednesday, October 2,2002
10101/02 14:33:59
Delinquent S~ow Assessments for Fiscal ~ear 2003 Resolution NumDer 3547 PAGE
1
o I ST!I Account
Year Owner Name
P rope rty Add res s LEGAL Description
AMOUNT
7002 181168
2002 COLLI NS. MARl LYN 808
S 8TH AVE CAP HILL LOT 22-23 BLK 5
65.50
7002 181312
2002 BIANCO. DDNAlO J 1014-16
S 5TH AVE CAP HILL LOT 16-18 BLK 18
79.50
7002 344045
2002 ATLANT1C HOLDING CO INC
316 E BABCOCK ST GUYS 1ST W26' l/2A U E114' l/2A L4
57.00
fI NAL TOTALS
TOTAL
202.00
COUNT
3
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