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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Deanna Shannon, Special Assessment/SID Accounting Clerk
Chris Kukulski, City Manager
SUBJECT: Resolution 3963 / Assessment for Delinquent Weed Mowing
MEETING DATE: September 25, 2006
BACKGROUND: The attached resolution, Resolution 3963,
Municipal Code 8.36.10 Cutting Weeds and vegetation required – Notice - Failure deemed
misdemeanor
RECOMMENDATION: Adopt Commission Resolution No. 3963.
FISCAL EFFECTS: None
ALTERNATIVES: As suggested by the City Commission.
Respectfully submitted,
___________________________________ __________________________________
Deanna Shannon Chris A. Kukulski, City Manager
Special Assessment/SID Accounting Clerk
Attachment: Commission Resolution No. 3933
COMMISSION RESOLUTION NO. 3963
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 COLLECT WEED CUTTING OR
EXTERMINATING CHARGES PLUS COSTS AND EXPENSES INCURRED BY THE
CITY OF BOZEMAN, AS PROVIDED FOR IN SECTION 7-22-4101, MONTANA
CODE ANNOTATED AND CHAPTER 8.36 OF THE BOZEMAN MUNICIPAL CODE.
WHEREAS, Section 7-22-4101, Montana Code Annotated, and Chapter 8.36 of the Bozeman
Municipal Code require the owner of any property within the city to exterminate or cut nuisance weeds from
and along side their premises; and
WHEREAS, Section 7-22-4101, Montana Code Annotated, and Chapter 8.36 of the Bozeman
Municipal Code provide that in the event the owner of said premises neglects to exterminate or remove
weeds therefrom, a special assessment shall be made, levied and collected for the costs of cutting or
exterminating said weeds.
NOW, THEREFORE, BE IT RESOLVED by the Commission of the City of Bozeman, State of
Montana:
Section 1. That to collect weed extermination and cutting charges, 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 this assessment be levied and billed in October 2006 as are all other special
assessments.
Section 3. 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, 2006) to
the date the assessment is paid.
Section 4. That the regular session of the Commission of the City of Bozeman, Montana, to be
held in the Community Room in the Gallatin County Courthouse, 311 West Main Street, of said City on the
25th day of September 2006, at 6:00 o'clock p.m. 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 5. 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 collect delinquent weed cutting and exterminating charges, plus all
other costs and expenses incurred thereby, by the City of Bozeman in Fiscal Year 2006, 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.
FINALLY PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana,
at a regular session thereof held on the _25th_ day of September 2006.
_________________________________________
JEFF KRAUSS, Mayor
ATTEST:
____________________________________
BRIT FONTENOT, City Clerk
APPROVED AS TO FORM:
___________________________________
PAUL J. LUWE
City Attorney
N O T I C E
HEARING ON FINAL ADOPTION OF COMMISSION RESOLUTION NO. 3963 LEVYING
2006, UPON ALL PROPERTY TO WHICH SUCH
SERVICES WAS RENDERED.
NOTICE IS HEREBY GIVEN, that a regular session of the Commission of the City of Bozeman will
be held on the 25th day of September 2006, Commission Resolution No. 3963 shall be passed and
adopted; that said Resolution levies and assesses a special assessment to collect delinquent weed
abatement charges in the City of Bozeman for the Fiscal Year 2006, upon all property to which such
service was rendered.
That said Commission Resolution No. 3963 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 25th of September 2006, at 6:00 p.m. of said day at a regular session of the Commission of the
City of Bozeman, in the Community Room, at the Gallatin County Courthouse, 311 West 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. 3963
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 25th day of September 2006.
_ ____
BRIT FONTENOT, City Clerk
Wednesday, September 13, 2006
AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL
PROPERTY IN THE CITY OF BOZEMAN, TO COLLECT WEED CUTTING AND
EXTERMINATING CHARGES PLUS COSTS AND EXPENSES INCURRED BY THE CITY
OF BOZEMAN FOR FISCAL YEAR
___________________________________ _
Publish: Wednesday, September 6, 2006
SCHEDULE "A"DELINQUENT WEED MOWINGFY 07Customer ID #OwnerProperty AddressAmount Due6292Stephanie Tate1024 Boylan Rd95.00$