HomeMy WebLinkAboutResolution 5270 Levying and Assessing Street Maintenance Assessments for Fiscal Year 2022Page 1 of 5
RESOLUTION 5270
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL
YEAR 2022 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 16th 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 DISTRICT NO 8; AND 1654, CREATING SPRINKLING DISTRICT NO 9.
Which Commission Resolution No. 2803 provides 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
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Resolution 5270, Levying Assessment for Street Maintenance District for FY22
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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
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 2022 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. 2803 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 p.m. on November 30,
2021, and the May assessments shall become delinquent at 5:01 p.m. on May 31, 2022.
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. 2803, 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 $0.033113 per square
foot of actual lot area, with a limit on the maximum square footage assessed for zones as listed
below.
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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
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.)
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Section 4
This assessment shall be levied for the fiscal year of July 1, 2021 through June 30, 2022, and be
billed in October 2021 as are all other special assessments. Any condominium and/or subdivision
of land recorded on or before September 30, 2021 is subject to assessment for Fiscal Year 2022.
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, 2021 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 maintenance of all streets, alleys, and public places located within
the City’s corporate limits for the Fiscal Year 2022, against the property on which such service
was rendered, is on file in the office of the City Clerk and subject to 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, 2021.
_______________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
____________________________
MIKE MAAS
City Clerk
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APPROVED AS TO FORM:
____________________________________
GREG SULLIVAN
City Attorney
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