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HomeMy WebLinkAboutResolution 3938 Levying and Assessing a Special Assessment for FY 07 on property in the Downtown BID COMMISSION RESOLUTION NO. 3938 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2007 UPON ALL REAL PROPERTY IN THE BUSINESS IMPROVEMENT DISTRICT LOCATED IN THE CITY OF BOZEMAN'S DOWNTOWN AREA TO DEFRAY THE ESTIMATED COST AND EXPENSE TO BE INCURRED IN THE BUSINESS IMPROVEMENT DISTRICT FOR THE FISCAL YEAR AS OUTLINED IN THE DISTRICT'S WORK PLAN AND BUDGET. WHEREAS, the City Commission of the City of Bozeman did on the 3rd day of April, 2000 duly and regularly pass Commission Resolution No. 3357 entitled A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN MONTANA STATING THE COMMISSION'S INTENT TO CREATE A BUSINESS IMPROVEMENT DISTRICT IN THE CITY'S DOWNTOWN AREA, and There after, after due and legal proceedings the Commission of the City of Bozeman did on the 15th day of May, 2000 duly pass Commission Resolution No 3361 entitled A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN MONTANA CREATING A BUSINESS IMPROVEMENT DISTRICT IN THE CITY'S DOWNTOWN AREA, and Further pursuant to the provisions of Section 7-12-1121 Montana Code Annotated did on the 15th day of May, 2000 duly pass Ordinance No. 1517 entitled ORDINANCE NO. 1517 AN EMERGENCY ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN MONTANA CREATING A BUSINESS IMPROVEMENT DISTRICT IN THE CITY'S DOWNTOWN AREA, and Further pursuant to Title 7, Chapter 12, Part 11, Montana Code Annotated, did on the 5th day of December. 2005 duly pass Commission Resolution No 3878 entitled RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, EXPANDING THE BUSINESS IMPROVEMENT DISTRICT IN THE CITY'S DOWNTOWN AREA, and which Commission Resolution No.'s 3357, 3361, and 3878 and Ordinance No. 1517 passed as aforesaid are hereby referred to and made a part of this resolution for further particulars in respect to the boundaries of said district the purpose of the district and the duration of the district, and WHEREAS, Section 7-12-1132 (4) Montana Code Annotated 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, pursuant to Section 7-12-1132 (2) Montana Code Annotated the City Commission did on the 21st day of August, 2006 receive the work plan and budget submitted, and WHEREAS, the work plan and budget provides for parcels to be assessed for that part of the whole cost of the district which its taxable valuation bears to the total taxable valuation of the property of the district pursuant to Section 7.12-1133 (2) c Montana Code Annotated, and WHEREAS, to defray the costs of the business improvement district for the coming assessment year the Commission must now establish an assessment to be levied for said year. NOW THEREFORE pursuant to the provisions of said Ordinance No. 1517 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 business improvement district in the City's downtown area for the Fiscal Year 2007 there is hereby levied and assessed against the taxable valuation of the several lots pieces and parcels of land benefited by the 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 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 Ordinance No. 1517 of the City of Bozeman Montana and the laws of the State of Montana governing the collection of a business improvement 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. 2006 and the May assessments shall become delinquent at 5:01 pm on May 31,2007. Section 2 That each lot or parcel of land including the improvements thereon may be assessed for that part of the whole cost of the district which its taxable valuation bears to the total taxable valuation of the property in the district. The assessment rate in said business improvement district shall be $0.046954 per dollar of taxable valuation. Section 3 That this assessment be levied for the fiscal Year 2007 (July 1, 2006 through June 30, 2007) and be billed in October 2006 as are all other special assessments. Section 4 Disposition of Collections - That the assessments as collected shall be placed in the business improvement district fund and shall be used to defray the costs thereof as provided by law. PASSED AND ADOPTED by the Commission of the City of Bozeman, Montana at a regular session thereof held on the 21 sl day of August, 2006 Brit Fontenot, City Clerk NOTICE HEARING ON ADOPTION OF COMMISSION RESOLUTION NO. 3938 - LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2007 UPON ALL REAL PROPERTY IN THE BUSINESS IMPROVEMENT DISTRICT LOCATED IN THE CITY OF BOZEMAN'S DOWNTOWN AREA TO DEFRAY THE ESTIMATED COST AND EXPENSE TO BE INCURRED IN THE BUSINESS IMPROVEMENT DISTRICT AS OUTLINED IN THE DISTRICT'S WORK PLAN AND BUDGET. NOTICE IS HEREBY GIVEN that Commission Resolution No. 3938 levies and assesses a special assessment on all real property in the business improvement district in the City of Bozeman for the Fiscal Year 2007 as outlined in the district's work plan and budget; that said Commission Resolution No. 3938 is now on file in the office of the City Clerk of the City of Bozeman, subject to inspection of all persons interested for a period of ten (10) days; that Monday the 21st of August, 2006 at 6:00 pm at a regular session of the Commission of the City of Bozeman 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. 3938 and the levying of said assessment; and that said Resolution will be passed and adopted at said regular session of said Commission subject to such corrections and amendments that may be made upon objections made and filed with the Clerk of the Commission within ten 10 days limit as provided by law. DATED this 2nd day of August, 2006. ~not, ~ity :...AA Publish Legal Ad Sunday,August6,2006 Sunday, August 13, 2006