HomeMy WebLinkAboutResolution 4705 Establishing a 15% Increase to Street Maintenance District Assessments for FY17 t�►tom.'�►
COMMISSION RESOLUTION NO. 4705
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 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 161h day of
July 1990,following notice and public hearing,regularly pass Commission Resolution No.
2803 entitled:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, CREATING A CITY-WIDE MAINTENANCE
DISTRICT FOR ALL STREETS, ALLEYS AND PUBLIC PLACES LOCATED
WITHIN THE CITY'S CORPORATE LIMITS AND REPEALING COMMISSION
RESOLUTION NOS. 1650, CREATING SPRINKLING DISTRICT NO 5; 1651,
CREATING SPRINKLING DISTRICT NO 6; 1652 CREATING SPRINKLING
DISTRICT NO 7; 1653, CREATING SPRINKLING DSITRICT NO 8; AND 1654,
CREATING SPRINKLING DISTRICT NO 9.
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Resolution 4705,Lelying and Assessing the Sheet Maintenance District for FYI -
Which Commission Resolution No. 2803, 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
WHEREAS, Commission Resolution No. 2803 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
WHEREAS, to defray the costs of 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.
2803 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 streets, alleys and
public places 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
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Resolution 4705,Levying and Assessing the Street Maintenance District for FYI
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
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. 2803 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$0.02180 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
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Resolution 4705,Levying and Assessing the Street Maintenance District for FYJ 7
RO No Cap on developed parcels.
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.
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Resolution 4705, Levying and Assessing the Street Maintenance District for FYI
Section 5
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 streets, alleys, and public
places 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
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APPROVED AS TO FORM:
GkiffG 07LIVAN
City Attorney
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