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HomeMy WebLinkAbout09-24-07 Resolution No 4075 10 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Deanna Shannon, Special Assessment/SID Accounting Clerk Chris Kukulski, City Manager SUBJECT: Resolution 4075 / Assessment for Delinquent Sidewalk Repair MEETING DATE: September 24, 2007 RECOMMENDATION: Approve Commission Resolution No. 4075. BACKGROUND: The attached resolution assesses property owners who are delinquent in payment of their sidewalk repair assessments. These amounts will be certified to the County Treasurer for collection with regular property taxes. 7-14-4110. Assessments for costs. (1) The payment of assessments to defray the cost of construction of the sidewalks, curbs, and gutters referred to in 7-14-4109 or any combination of sidewalks, curbs, or gutters or alley approach may be spread over a period not to exceed 20 years. Payments must be made in equal annual installments. (2) Before the first Monday of October each year, the city council shall adopt a resolution levying an assessment against each lot or parcel of land in front of which sidewalks, curbs, and gutters or any combination of sidewalks, curbs, or gutters has been constructed under orders of the city council or each lot or parcel of land having access to the property by way of the alley approach that has been constructed under orders of the city council. The resolution levying the assessment must be prepared and certified in the same manner as resolutions levying assessments for the making of improvements in special improvement districts. FISCAL EFFECTS: We will collect $497.25 in delinquent sidewalk repair assessments. 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. 4075 83 COMMISION RESOLUTION NO. 4075 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 SIDEWALK REPAIR CHARGES PLUS COSTS AND EXPENSES INCURRED BY THE CITY OF BOZEMAN, AS PROVIDED FOR IN CHAPTER 12.20 OF THE BOZEMAN MUNICIPAL CODE. WHEREAS, Chapter 12.20 of the Bozeman Municipal Code requires the owner of any property within the city to maintain the sidewalk adjacent to the property in good repair; and WHEREAS, Chapter 12.20 of the Bozeman Municipal Code provides that, in the event the owner of said premises neglects to maintain the sidewalk in good repair, a special assessment may be made, levied and collected for repairs to the sidewalk. NOW, THEREFORE, BE IT RESOLVED and it is hereby ordered by the Commission of the City of Bozeman, State of Montana: Section 1. That to collect sidewalk repair 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 2007 as are all other special assessments. 84 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, 2007) 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 Court House Community Room, 311 W Main Street on the 24th of September 2007, at 6:00 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. Section 5. That the Clerk of 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 sidewalk repair charges, plus the costs and expenses incurred thereby, in the City of Bozeman in Fiscal Year 2007, against the property of which such service was rendered, is on file in the office of the Clerk of Commission; 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. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 24th of September 2007. _________________________________ JEFF KRAUSS Mayor ATTEST: _________________________________ STACY ULMEN City Clerk APPROVED AS TO FORM: _________________________________ PAUL J LUWE City Attorney 85 NOTICE HEARING ON ADOPTION OF COMMISSION RESOLUTION NO. 4075 LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, TO COLLECT SIDEWALK REPAIR CHARGES PLUS COSTS AND EXPENSES INCURRED BY THE CITY OF BOZEMAN FOR FISCAL YEAR 2007, UPON ALL PROPERTY TO WHICH SUCH SERVICES WAS RENDERED. NOTICE IS HEREBY GIVEN that Commission Resolution No. 4075 levies and assesses a special assessment to collect delinquent sidewalk repair charges in the City of Bozeman for the Fiscal Year 2007, upon all property to which such service was rendered. Monday, September 24, 2007 at 6:00 pm of said day at a regular session of the Commission of the City of Bozeman in the Commission Room in the Courthouse Community Room, 311 W 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 passage and adoption of said Commission Resolution No. 4075; 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 19th day of September 2007. _____________________________________ STACY ULMEN City Clerk 86 Date of Service Owner Service Amount Due Service Address 5/22/2006William JoynerSidewalk Repair $176.75919 W Lamme 5/22/2006Media Station Sidewalk Repair $320.50109 N 8th Ave Delinquent Sidewalk Repair FY07 87