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HomeMy WebLinkAboutResolution 3546 Assess deliquent sewer, FY 2002 COMMISSION RESOLUTION NO. 3546 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, UNLESS PROVISIONALLY EXEMPTED, TO COLLECT DELINQUENT SEWER CHARGES PLUS COSTS AND EXPENSES INCURRED BY THE CITY OF BOZEMAN, AS PROVIDED FOR IN SECTION 7-13-4309, MONTANA CODE ANNOTATED. WHEREAS, Section 7-13-4309, Montana Code Annotated, provides that special assessments shall be made, levied and collected annually for delinquent sewer charges 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 providing sewer service in the City of Bozeman, the Commission hereby specifically levies the amounts due as set forth in Schedule "A" as an assessment; NOW, THEREFORE, BE IT RESOLVED by the Commission of the City of Bozeman, State of Montana: Section 1 . That to collect delinquent sewer charges in the City of Bozeman, an assessment is hereby levied against the responsible 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 delinquent sum assessed against the same is set forth 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 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. Section 2. That the fee for providing sewer service 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 delinquency. Section 3. That this assessment be levied and 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 is paid. Section 5. That the regular session of the Commission of the 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., 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 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 Clerk of the Commission, stating that a Resolution levying and assessing a special assessment to collect delinquent sewer charges, plus the costs and expenses incurred thereby, for providing sewer services 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 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 ofthis 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 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: STE4R~~ ~oJ~ R ~L. SUL IVAN Clerk of the Commission - 2 - ------- - ---....------...-.--....- -... 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. Srd;R.KI~~ ATTEST: ~rY~ R IN L. SULLIVAN Clerk of the Commission APPRO)tEDJAS TO FORM: 1".' " ,-""' 1 , / - 3 - NOTICE HEARING ON FINAL ADOPTION OF COMMISSION RESOLUTION NO. 3546 LEVYING A SPECIAL ASSESSMENT TO COLLECT DELINQUENT SEWER CHARGES PLUS THE COSTS AND EXPENSES INCURRED BY THE CITY OF BOZEMAN IN FISCAL YEAR 2002 AGAINST PROPERTY IN THE CITY OF BOZEMAN TO WHICH SEWER SERVICE WAS RENDERED. NOTICE IS HEREBY GIVEN that at a regular session of the Commission of the City of Bozeman held on the 14th day of October 2002, Commission Resolution No. 3546 was provisionally passed and adopted; that said Resolution levies and assesses a special assessment to collect delinquent sewer charges in the City of Bozeman for the Fiscal Year 2002, upon all property to which such service was rendered. That said Commission Resolution No. 3546 is nowon file in the office of the Clerk ofthe Commission of the City of Bozeman, subject to inspection of all persons interested, for a period of ten (10) 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. 3546 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 30th day of September 2002. (JJ.: ..I ~ ROBIN L. SULLIVAN Clerk of the City Commission Publish: Wednesday, October 2, 2002 ---- ----..-- --- -.--- 10/01102 14:29:34 Del'nquent Sewer Assessments for Fiscal Year 2003 Resolution Su~ber 3546 PAGE 1 OJ Siil Account Year Own er Name Property Address LEGAL Description AMOUNT 7003 142015 2002 GILLILAN. SCOTT & 30B N BOZEMAN AVE BEALLS 1ST TR 3 BLK I 79.05 7003 175264 2002 LANGLAS. S TE PHE N T 1120 S 3RD AVE BUTTE LOT 15-16 BLK 11 30.21 7003 27 50 03 2002 SMITH. BOBBY & ROBBIN 505 MINERAL AVE FERGUSON MEADOWS SUB LOT 2 BLK A 3.56 7003 27 51 02 2002 MULLINS. MARTY & CATHY 400 N SANDERS AVE FERGUSO~ MEADOWS SUB LOT 9 BLK C 13.96 7003 33010B 2002 CARLS. TOM 51B N 18TH AVE GRAF'S 1ST REARR LOT 2 BLK B 109.32 7003 341551 2002 CANTWELL. SOLOMON & GORTON 409 N HUNTERS WAY GREENWAY SUB LOT 2A BLK 3 17.B6 7003 353516 2002 AUGE R. DAMON \" 2921 ROSE ST HARVEST CREEK SUB PH I LOT I BLK 17 27.44 7003 375285 2002 LOEHMAN N. FRANU S & 624 N MONTANA AVE IMES L24-26 B43 7.50 7003 4B5010 2002 GALLATIN MALL GROUP LLC 2825 W MAIN ST MAIN MALL ANNEXATION 37.42 ACRES 40.61 7003 538004 2002 CUMMINGS. RAB & MICHELE CAREY 1109 HO LL Y OR NEW HYALITE L2 Bl 11.28 7003 541030 2002 POTTE R. BRETT 402 S 14TH AVE NORMANDY LOT 10 BLK 11 24.62 7003 801400 2002 WOOD. DAVID & CAROLINE 402 GOLDEN VALLEY DR VALLEY CREEK SUB PH II L5A 88 13.39 7003 832092 2002 REILLY. DENNIS W & ETAL 140 GENA CIR WESTGATE AMEND L19B 29.29 7003 844504 2002 MARTI N. KATHLEEN R 612 S 11TH AVE W PARK LOTS 18-19 BL37 24.07 7003 903090 2002 PEABODY, CY NTH I A 108 N YELLOWSTONE AVE VALLEY UNIT SUB DIV L12 B19 24.10 FINAl TOTALS TOTAL 456.26 COUNT 15 * * * END o F R E P 0 R T * * *