HomeMy WebLinkAboutResolution 4563 Defray the Cost and Expense of Snow Removal v 9�
COMMISSION RESOLUTION NO.4563
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 DEFRAY THE COST AND EXPENSE FOR REMOVAL OF SNOW AND ICE
FROM SIDEWALKS IN THE CITY OF BOZEMAN UNDER THE PROVISIONS OF
CHAPTER 34.06 OF THE CITY OF BOZEMAN MUNICIPAL CODE.
WHEREAS, Chapter 34.06 of the 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 34.06 of the 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, Section 34.06.040 of the Bozeman Municipal Code provides that the City shall annually
pass and adopt a resolution levying on assessment 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 by the City Commission of the City of Bozeman,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 34.06 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, 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 34.06 of the Bozeman Municipal Code, 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 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$30.00,whichever is greater, per occurrence.
Section 3. That this assessment be levied and be billed in October 2014 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, 2014) 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 Room in the City Hall of said City on the 6th day of October 2014,at 6:00 p.m., be 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, 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 for the removal of snow and ice from specified sidewalks in the City of
Bozeman in Fiscal Year 2014,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 five(5)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 five(5)days before the date set by the Commission for hearing of objections and
the final adoption of this Resolution.
APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof
held on the 6"'day of October,2014.
WKAtKWUSS
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City clet::
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.�ti, APPROVED A TO FORM:
ULLIVAN
City Attorney
NOTICE
HEARING ON FINAL ADOPTION OF COMMISSION RESOLUTION NO. 4563 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 2014 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 to be
held on the 6th day of October 2014. Commission Resolution No. 4563 will be considered. 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 2014, upon all property to which such service was rendered.
That said Commission Resolution No.4563 is now on file in the office of the City Clerk of the Commission
of the City of Bozeman,subject to inspection of al I persons interested,for a period of five(5)days;that Monday,the
6th of October 2014,at 6:00 p.m. of said day at a regular session of the Commission of the City of Bozeman, in the
Commission Room,at City Hall, 121 N Rouse Ave,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. 4563 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 6"'day of October,2014.
STACY UL ,
CiTY CLE K
Publish: Sunday, September 28, 2014
Wednesday, October 1, 2014
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