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HomeMy WebLinkAboutResolution 4922 FY19 Tree Maintenance District Special Assessment 0 COMMISSION RESOLUTION NO. 4922 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2019 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 TREE 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. 2804 entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A CITY-WIDE MAINTENANCE DISTRICT FOR THE PURPOSE OF PLANTING AND MAINTAINING TREES IN ALL PUBLIC PLACES,RIGHTS-OF-WAYS AND PARKS. Which Commission Resolution No. 2804,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. 2804 further provides that said special assessments shall be made, levied, and collected in the same manner as are other special Page 1 of 5 Resolution 4922, Tree Maintenance Assessments,FY19 assessments and levies of the City of Bozeman; 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 tree 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. 2804 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 planting and maintaining trees in all public places, rights-of-way and parks 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 2019,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 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. 2804 of the City of Bozeman, Montana, and the laws of the State of Montana governing the collection of maintenance district assessments;that failure Page 2 of 5 Resolution 4922, Tree Maintenance Assessments,FY19 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, 2018, and the May assessments shall become delinquent at 5:01 p.m. on May 31, 2019. Section 2 That the per-square-foot assessment rate in said maintenance district shall be 0.003478,per square foot of actual lot area, with a limit on the maximum square footage assessed for zones 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 $52.17. 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. 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 Page 3 of 5 Resolution 4922, Tree Maintenance Assessments, FY19 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, 2018 through June 30, 2019, and be billed in October 2018 as are all other special assessments. Any condominium and/or subdivision of land recorded on or before September 30, 2018 is subject to assessment for Fiscal Year 2019. 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 6th day of August 2018 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 That the City Clerk of the City of Bozeman, did publish in the Bozeman Daily Chronicle a Notice stating that a Resolution levying and assessing a special assessment to defray the cost and expense of planting and maintaining trees in all public places, rights-of-way and parks located within the City's corporate limits for the Fiscal Year 2019, against the property on which such service was rendered, is on file in the office of the City Clerk 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 Page 4 of 5 Resolution 4922, Tree Maintenance Assessments,FY19 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,ADOPTED,AND APPROVED by the City Commission of the City of Bozeman,Montana at a regular session thereof held on the 6 day of August 2018. CYN L. DRUS May r ATTEST: , 0� B 02'' - • `'�•/ •� CAA ROBIN CROUGH City Clerk c�•• "-- ••$ - -7 ••. 883 •'�S�APPROVED TO FORM: 9TIN CO �l0 SULLIVAN City Attorney Page 5 of 5