HomeMy WebLinkAboutResolution 4706 Establishing a 90% Increase to Arterial and Collector Street Maintenance District Assessments for FY17 # Co.
COMMISSION RESOLUTION NO. 4706
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR
FISCAL YEAR 2017 UPON ALL REAL PROPERTY IN THE CITY OF
BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY
THE COST AND EXPENSE INCURRED IN THE CITY-WIDE ARTERIAL AND
COLLECTOR STREET MAINTENANCE DISTRICT IN THE CITY OF
BOZEMAN AND TO EXTEND THE BOUNDARIES OF SAID DISTRICT TO
ENCOMPASS ANNEXED PROPERTIES.
WHEREAS, the City Commission of the City of Bozeman did on the 31 st day of
August, 2015, following notice and public hearing regularly pass Commission Resolution
No. 4640 entitled:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOZEMAN, MONTANA, CREATING THE ARTERIAL AND COLLECTOR
STREET SPECIAL DISTRICT FOR THE PURPOSE OF FUNDING THE
CONSTRUCTION, IMPROVEMENTS, AND MAINTENANCE OF
TRANSPORTATION FACILITIES RELATED TO ARTERIALS AND
COLLECTOR STREETS.
Which Commission Resolution No. 4640, passed as aforesaid is hereby referred to and
made a part of this Resolution for further particulars in respect to the basis and method of
assessing the cost against property herein assessed; and
Page 1 of 5
Resolution 4706,Levying and Assessing a Special Assessment for the Arterial and Collector District for FY17
WHEREAS, Commission Resolution No. 4640 further provides that said special
assessments shall be made, levied, and collected in the same manner as are other special
assessments and levies of the City of Bozeman; and
WHEREAS, Section 7-12-4403, Montana Code Annotated, allows the district
boundaries to be changed by resolution; and
WHEREAS, the district boundaries are the city corporate limits, to include all
annexed property as of the date of this resolution, excluding Story Hills; and public parks,
public common areas and public greenways.
WHEREAS,to defray the costs of arterial and collector street maintenance 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 said Commission Resolution No.
4640 and the laws of the State of Montana,
BE IT RESOLVED AND IT IS HEREBY ORDERED BY THE COMMISSION OF
THE CITY OF BOZEMAN, STATE OF MONTANA:
Section 1
That to defray the estimated cost and expense of the maintenance of arterial and collector
streets located within the maintenance district, which is hereby extended to include the
city's corporate limits existing as of the date of this resolution, excluding Story Hills, for
Fiscal Year 2017 there is hereby levied and assessed against the assessable area of the
several lots,pieces and parcels of land benefited by the maintenance district within the City
of Bozeman as set forth in Schedule A, attached hereto and by this reference made a part
hereof, which describes each lot or parcel of land with the name of the owner and/or
owners, if known, and the amount assessed against the same; that the several sums set
Page 2 of 5
Resolution 4706,Levying and Assessing a Special Assessment for the Arterial and Collector District for FYI
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 assessments 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 Commission
Resolution No. 4640 of the City of Bozeman, Montana, and the laws of the State of
Montana governing the collection of maintenance district 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 and assessments; and that the November assessments shall become
delinquent at 5:01 p.m. on November 30, 2016, and the May assessments shall become
delinquent at 5:01 p.m. on May 31, 2017.
Section 2
That the per-square-foot assessment rate in said maintenance district shall be $0.00546 per
square foot of actual lot area, with a limit on the maximum square footage assessed for
zones as listed below.
For non-conforming residences located in business and manufacturing zoning districts
without any business or manufacturing use attached, there shall be a maximum of 15,000
square feet assessed. The minimum annual assessment will be $3.50.
Zoning Maximum assessment square footage (Cap)
R-1 15,000 sq ft
R-2 15,000 sq ft
R-3 15,000 sq ft
R-4 15,000 sq ft
RMH 8,250 sq ft/unit
RS 15,000 sq ft
RO No Cap on developed parcels.
Page 3 of 5
Resolution 4706,Levying and Assessing a Special Assessment for the Arterial and Collector District for FYI
Cap of 15,000 square ft on undeveloped(parcels that
have no structures and have not received subdivision
review.)
PLI (including MSU, 25% of total sq ft
Schools, Govt,
Hospital, &Public
Owned property)
REMU No Cap on developed parcels
Cap of 15,000 square ft on undeveloped(parcels that
have no structures and have not received subdivision
review.)
All Business Zones No Cap on developed parcels
Cap of 15,000 square ft on undeveloped(parcels that
have no structures and have not received subdivision
review.)
All Manufacturing No Cap on developed parcels
Zones
Cap of 15,000 square ft on undeveloped (parcels that
have no structures and have not received subdivision
review.)
Section 3
That this assessment be levied for the fiscal year of July 1, 2016 through June 30, 2017,
and be billed in October 2016 as are all other special assessments. Any condominium
and/or subdivision of land recorded on or before September 30, 2016 is subject to
assessment for Fiscal Year 2017.
Section 4
That the regular session of the Commission of the City of Bozeman, Montana to be held at
City Hall, 121 N. Rouse Ave, Bozeman, Montana, on the 8th day of August, 2016 at 6:00
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
Page 4 of 5
Resolution 4706,Levying and Assessing a Special Assessment for the Arterial and Collector District for FYI
That the City Clerk of the City of Bozeman, did publish in the Bozeman Daily Chronicle
a Notice signed by the City Clerk, stating that a Resolution levying and assessing a special
assessment to defray the cost and expense of maintenance of all arterial and collector streets
located within the City's corporate limits for the Fiscal Year 2017, against the property on
which such service was rendered, is on file in the office of the City Clerk and subject to
inspection for a period of six (6) days; that said notice shall state the time and place at
which objections will be heard by the Commission to the final adoption of the Resolution,
and, that said Notice shall be published at least five (5) days before the date set by the
Commission for hearing objections and final adoption of this Resolution.
PASSED AND APPROVED by the City Commission of the City of Bozeman,Montana
at a regular session thereof held on the 8th day of August, 2016.
CARSON TAYLOR
Mayor
ATTEST
♦ rr
♦
K.
ROBI» lZb: '
City CITlC
APPROVED AS TO FORM:
6i
RWULLIVAN
City Attorney
Page 5 of 5