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Home My WebLink About08-03-20 City Commission Packet Materials - A1. Res 5188 Tree Maintenance District Assessments FY21 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Bernie Massey, Assistant Treasurer Laurae Clark, Treasurer Kristin Donald, Finance Director SUBJECT: Resolution 5188 / Establishing Tree Maintenance District Assessments for FY2021. MEETING DATE: August 3, 2020 AGENDA ITEM TYPE: Action RECOMMENDATION: Adopt Commission Resolution No. 5188 / establishing a Tree Maintenance District Assessments for FY2021, making the assessment rate $0.003619 per assessable square foot. BACKGROUND: The City Manager’s Recommended Budget includes a 2% increase in Tree Maintenance Assessments for the current fiscal year. UNRESOLVED ISSUES: None ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: The Tree Maintenance District Assessment rate will increase by 2% over last year’s rate, resulting in the following: Total Tree Maintenance Assessments Collected, est. $778,503.19 Total Increased Dollars (2%) to Tree Maintenance District Fund, est. $15,264.77 Annual Assessment, Average Residential Lot (7,500 sq ft) $27.15 Annual Increase (2%), Average Residential Lot (7,500 sq ft) $0.54 Annual Assessment, Maximum Residential Lot (15,000 sq ft) $54.29 Annual Increase (2%), Maximum Residential Lot (15,000 sq ft) $1.07 Attachments: Resolution No. 5188 Report Compiled on: July 20, 2020 42 Page 1 of 5 RESOLUTION NO. 5188 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2021 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 16th 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 provides 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 assessments and levies of the City of Bozeman; and 43 Resolution No. 5188, Tree Maintenance Assessments, FY21 Page 2 of 5 WHEREAS, Section 7-12-4179, 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 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 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 2021, 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. 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. 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. The November assessments shall become delinquent at 5:01 44 Resolution No. 5188, Tree Maintenance Assessments, FY21 Page 3 of 5 p.m. on November 30, 2020, and the May assessments shall become delinquent at 5:01 p.m. on May 31, 2021. Section 2 The assessment basis and method of assessing the costs of the maintenance district against property herein assessed shall be as specified in Resolution No. 2804, which is hereby incorporated by this reference and made a part of this Resolution. Section 3 The per-square-foot assessment rate in said maintenance district shall be 0.003619, 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 $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 R-5 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, Schools, Govt, Hospital, & Public Owned property) 25% of total sq ft REMU No Cap on developed parcels 45 Resolution No. 5188, Tree Maintenance Assessments, FY21 Page 4 of 5 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 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.) Section 4 This assessment shall be levied for the fiscal year of July 1, 2020 through June 30, 2021, and be billed in October 2020 as are all other special assessments. Any condominium and/or subdivision of land recorded on or before September 30, 2020 is subject to assessment for Fiscal Year 2021. Section 5 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 3rd day of August 2020 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 6 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 planting and maintaining trees in all public places, rights-of-way and parks located within the City’s corporate limits for the Fiscal Year 2021, against the property on which such service was rendered, is on file in the office of the City Clerk and subject to 46 Resolution No. 5188, Tree Maintenance Assessments, FY21 Page 5 of 5 inspection. Said notice states the time and place at which objections will be heard by the Commission to the final adoption of the Resolution. The final publication of said Notice was 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 3rd day of August 2020. ____________________________ CHRIS MEHL Mayor ATTEST: _________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ____________________________________ GREG SULLIVAN City Attorney 47