HomeMy WebLinkAboutResolution 2886 Levying and assessing delinquent snow removal charges (2)
.- ,
COMMISSION RESOLUTION NO. 2886
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
PROVISIONALL Y 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 of the City of 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 City of 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, Bozeman Municipal Code Section 12.24.04 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 AND IS HEREBY ORDERED BY THE CITY
COMMISSION OF THE CITY OF BOZEMAN, MONTANA, 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 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, 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 Chapter 12.24 of the City of Bozeman Municipal Code, and the laws of the State of
Montana governing the collection of special assessments; that failure to pay such
___....___ ___..___._ _n _.___m_.... .__ ___ .~ -
..
.
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 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 1992 as
are all other special assessments.
Section 4. That upon all assessments levied and assessed, simple interest
shall be charged at the rate of 10 percent per year from the date this assessment becomes
delinquent (December 1, 1992) to the date the assessment it paid.
Section 5. 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 19th day of October 1992, 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. That the Clerk of the Commission of the City of Bozeman, be, and
Section 6. 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 1992, 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 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 Resolution.
PROVISIONALL Y PASSED AND ADOPTED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 5th day of October 1992.
~d~~
IMOTHY SW SON, Mayor
- 2 -
-------------------- --- ---- ----- ----------- ---- ~"--,---
.
ATTEST:
~ c:!P~
ROBIN L. SULLIVAN
Clerk of the Commission
. FINALL Y PASSED AND ADOPTED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 19th day of October 1992.
~~--)
ATTEST:
) j) ..(J
/t=> / 1/
/.. .. i,. 1'1/l
Y" ~/ e
IHl b /.: ,/'.~
ROBIN L. SULLIVAN
Clerk of the Commission
. ...,
APPROVED AS TO FORM: .
State of Montana )
County of Gallatin )
City of Bozeman )
I, Robin L. Sullivan, Clerk of the Commission of the City of Bozeman, Montana, do
hereby certify that the foregoing Commission Resolution No. 2886 was published by title and
number in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published
in said City, in the issue dated the 22nd day of October 1992, and due proof of such publication
. is on file in my office.
IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my
office.
(if..~~ f
R . BIN L.ULUVAN .
Clerk of the Commission
.
- 3 -
.. -..------.----
-~'.'_. --.-.-------.---."... -.
, . .
NOTICE
HEARING ON FINAL ADOPTION OF COMMISSION RESOLUTION NO. 2886
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 1992 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 5th day of October 1992, Commission Resolution No. 2886 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 1992,
upon all property to which such service was rendered.
That said Commission Resolution No. 2886 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 19th of October 1992, 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
tld pass upon any and all objections that may be made to the final passage and adoption of said ,
.
ommission Resolution No. 2886 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 6th day of October 1992.
(iltsL~
Clerk of the City Commission
ebliSh: Friday, October 9, 1992
'!
~
..-. ..-..---
State of Montana )
County of Gallatin )
City of Bozeman )
I, Robin L. Sullivan, Clerk of the Commission of the City of Bozeman, Montana, do
hereby certify that the foregoing Notice in Re for Commission Resolution No. 2886 was
. published at length in the Bozeman Daily Chronicle, a newspaper of general circulation printed
and published in said City, in the issue dated the 9th day of October 1992, and due proof of
such publication is on file in my office.
IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my
office.
~/2~
R IN L. SULLIVAN
Clerk of the Commission
.
.
-2-
-----.---.