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HomeMy WebLinkAboutResolution 2883 Levying and assessing delinquent garbage FY93 . COMMISSION RESOLUTION NO. 2883 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO DEFRAY THE COST AND EXPENSE OF COLLECTING, REMOVING AND DISPOSING OF GARBAGE UNDER THE PROVISIONS OF ORDINANCE NO. 1323 OF THE CITY OF BOZEMAN MUNICIPAL CODE. . WHEREAS, the City Commission of the City of Bozeman did on the 8th day of April 1991, regularly pass Ordinance No. 1323, entitled: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING ORDINANCE NO. 696, AS ADOPTED ON THE 8TH DAY OF JANUARY 1940, AND AS CODIFIED IN CHAPTER 8.16 OF THE BOZEMAN MUNICIPAL CODE, DEFINING GARBAGE FOR THE PURPOSE OF THIS ORDINANCE; PROVIDING FOR THE COLLECTION AND DISPOSITION THEREOF BY AND UNDER THE SUPERVISION AND CONTROL OF THE DEPARTMENT OF PUBLIC SERVICE, AND FOR DEFRA YING THE COST OF SUCH COLLECTION AND DISPOSITION BY SPECIAL ASSESSMENT AGAINST THE PROPERTY OF WHICH SUCH SERVICE IS RENDERED; AND PROVIDING PENAL TIES FOR VIOLATION OF THIS ORDINANCE. which Ordinance No. 1323, passed as aforesaid is hereby referred to and made a part of this Resolution; and . WHEREAS, Ord inanee No. 1323 further provides that said special assessments shall be made, levied, and collected annually in the same manner, as far as practicable, as are other special assessments and levies of the City of Bozeman; and WHEREAS, the City Commission of the City of Bozeman did on the 18th day of May 1992, regularly pass Commission Resolution No. 2858, entitled: A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING TAG SYSTEM FEES AND OTHER SPECIAL FEES FOR DEFRAYING THE COST AND EXPENSE OF COLLECTING AND DISPOSING OF GARBAGE UNDER THE PROVISIONS OF ORDINANCE NO. 1323 OF THE CITY OF BOZEMAN MUNICIPAL CODE. which Commission Resolution No. 2858 provides for the basis and method of assessing fees and for an optional flat fee for dumpsters; and a flat fee assessment to be imposed by the Commission on property owners who fail to comply with the tag system; and . WHEREAS, to defray the cost of garbage collection, removal and disposal for the coming assessment year, the Commission must now establish an assessment to be levied for said services. NOW, THEREFORE, pursuant to the provisions of Sections 7-14-4105 and 7-14- 4106, Montana Code Annotated, Ordinance No. 1323, the Bozeman Municipal Code, and the laws of the State of Montana, BE IT RESOLVED AND IT IS HEREBY ORDERED BY THE .... _ ..... .--.-- -.. ...- .-.. ....-..-".,.--......-.......-. ...----.------- .. -----------., ._"'--,-,--~-,- - ._ __..._.... _. _. ..n__..".. . ..- , COMMISSION OF THE CITY OF BOZEMAN, STATE OF MONT ANA: Section 1. That to defray the estimated cost and expense of collecting, removing and disposing of garbage in the City of Bozeman, for the Fiscal Year 1993, a logarithmic base assessment, plus either the optional flat fee for dumpsters or the imposed flat fee for non-compliance with the tag system where appropriate, 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 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 Ordinance No. 1323 of the City of Bozeman, Montana, . 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. Section 2. That the base rate for residential garbage collection shall be $40.00 per unit per annum, unless prorated as of the date that City service began or ended, for all properties serviced by the City of Bozeman or not serviced by any other private contractor licensed for garbage collection, and shall be assessed in conformance with Schedule" A", attached hereto and by this reference made a part hereof as if fully set forth herein. Section 3. That pursuant to Resolution No. 1323 and Resolution No. 2858 . the fee (cost) for garbage collection tags shall be as follows: Mini-container (18-20 gallon capacity) (up to 20 pounds) $0.65 Container (28-33 gallon capacity) (up to 30 pounds) $0.90 Section 4. That this assessment be levied for the fiscal year of July 1, 1992, through June 30, 1993, and be billed in October 1992 as are all other special assessments. - 2 - -~.~ .'- , 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., is hereby designated as the time and place at which objections to the final passage and adoption of this 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 of collection, removal and disposition of garbage in the City of Bozeman for the Fiscal Year 1993, against the property for 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. ~~~ ATTEST: - . ~/jI~ R IN L--SULLtVAN. Clerk of the C-ommission - - - .. ./ - 3 - ._ _n._____ --..-.-.------- . --.. ,....-.. --. .-....-..-- . - - .-.-..-. - . FINALLY 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. ~~~ . . IMOTHY SWA ON, Mayor ATTEST: (jpY~ R N L. SULlr~tAN Clerk of the~ommiSsion APPROVED AS TO FORM: Cit . . , . 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. 2883 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 22th 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. , ~ ./-/ ~-~---~ ' I< BIN L ~IVAN'-- Clerk of the CommissIDn - 4 - --- ----.- -.--... ----.- -.. -----.-.-- .. . , NOTICE HEARING ON FINAL ADOPTION OF COMMISSION RESOLUTION NO. 2883 LEVYING A SPECIAL ASSESSMENT TO DEFRA Y THE COST OF THE COLLECTION, REMOVING AND DISPOSITION OF GARBAGE FOR THE FISCAL YEAR 1992, 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 5th day of October 1992, Commission Resolution No. 2883 was provisionally passed and adopted; that said Resolution levies and assesses a special assessment to defray the cost of collection, removal and disposition of garbage in the City of Bozeman for the Fiscal Year 1993. That said Commission Resolution No. 2883 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 and pass upon any and all objections that may be made to the final passage and adoption of said Commission Resolution No. 2883 and the levying of said assessment; and that said Resolution will . 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. ~ o?~ ROBIN L. SULLIVAN Clerk of the City Commission Publish: Friday, October 9, 1992 . I ';' -----.---.-- 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 was published by title and number in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City, in the issues . 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. ~JL$~ R BIN L. SULLIVAN Clerk of the Commission . . -2-