HomeMy WebLinkAboutResolution 3306 Street Maintenance Assessment, FY 2000
COMMISSION RESOLUTION NO. 3306
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL
YEAR 2000 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, 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 the Fiscal Year
2000, there is hereby levied and assessed against the assessable area of the several lots, pieces
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and parcels of land benefitted 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 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 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, 1999, and
the May assessments shall become delinquent at 5:01 p.m. on May 31, 2000.
Section 2
That the per-square-foot assessment rate in said maintenance district shall be $.00761
Is9Q-ll!~ with caps for residential lots at 1 Y2 times the minimum lot size for said residential district;
and for non.conforming residences located on lots in commercial and industrial zoning districts,
without any commercial or industrial use attached, at 1 Y2 times the minimum lot size for an R.2
zoned lot; and for Public Lands and Institutions properties at 25 percent of the total square footage
of the parcel.
Section 3
That this assessment be levied for the fiscal year of July 1, 1999, through June 30, 2000,
and be billed in October 1 999 as are all other special assessments.
Section 4
That the regular session of the Commission of the City of Bozeman, Montana, to be held
in the Commission Chamber in the City Hall of said City on the 16th day of August 1999, at 7:00
o'clock 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 Clerk of the Commission of the City of Bozeman, is hereby ordered and directed
to publish in the Bozeman Daily Chronicle, a daily newspaper printed and published in said City of
Bozeman a Notice signed by the Clerk of the Commission, stating that a Resolution levying and
assessing a special assessment to defray the cost and expense of maintenance of all streets, alleys
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and parcels of land benefitted 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 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 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, 1999, and
the May assessments shall become delinquent at 5:01 p.m. on May 31, 2000.
Section 2
That the per.sQuare.foot assessment rate in said maintenance district shall be $.00784,
with caps for residential lots at 1 % times the minimum lot size for said residential district; and for
non.conforming residences located on lots in commercial and industrial zoning districts, without any
commercial or industrial use attached, at 1 % times the minimum lot size for an R.2 zoned lot; and
for Public Lands and Institutions properties at 25 percent of the total square footage of the parcel.
Section 3
That this assessment be levied for the fiscal year of July 1, 1999, through June 30, 2000,
and be billed in October 1999 as are all other special assessments.
Section 4
That the regular session of the Commission of the City of Bozeman, Montana, to be held
in the Commission Chamber in the City Hall of said City on the 16th day of August 1999, at 7:00
o'clock 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 Clerk of the Commission of the City of Bozeman, is hereby ordered and directed
to publish in the Bozeman Daily Chronicle, a daily newspaper printed and published in said City of
Bozeman a Notice signed by the Clerk of the Commission, 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 2000, against the
.2.
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and public places located within the City's corporate limits for the Fiscal Year 2000, against the
property on which such service was rendered, is on file in the office of the Clerk of the Commission
subject to inspection for a period of ten (10) days; that said Notice shall state the time and place
at which objections will be heard by the Commission to the final adoption of this Resolution, and,
that said Notice shall be published at least ten (10) days before the date set by the Commission for
hearing objections and the final adoption of this Resolution.
PROVISIONALLY PASSED AND ADOPTED by the Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 2nd day of August 1999.
MARt;;~iK:
ATTEST:
~oI~
ROBI L. SULLIVAN
Clerk of the Commission
FINALLY PASSED AND ADOPTED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 16th day of August
1999.
M~oq~or
ATTEST:
eJ.: J~
ROBIN L. SULLIVAN
Clerk of the Commission
APPROVED AS TO FORM:
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NOTICE
HEARING ON FINAL ADOPTION OF COMMISSION RESOLUTION NO. 3306
LEVYING A SPECIAL ASSESSMENT TO DEFRAY THE COST OF THE
MAINTENANCE OF STREETS, ALLEYS AND PUBLIC PLACES LOCATED WITHIN
THE CITY LIMITS OF THE CITY OF BOZEMAN FOR THE FISCAL YEAR 2000
AGAINST PROPERTY IN THE CITY OF BOZEMAN AND TO EXTEND THE
BOUNDARIES OF SAID DISTRICT TO ENCOMPASS ANNEXED PROPERTIES.
NOTICE IS HEREBY GIVEN, that at a regular session of the Commission of the City of
Bozeman held on the 2nd day of August 1999, Commission Resolution No. 3306 was provisionally
passed and adopted; that said Resolution levies and assesses a special assessment against each
lot and parcel in the city to defray the cost of maintaining streets, alleys and public places within
the maintenance district, which is hereby extended to include the corporate limits of the City of
Bozeman existing as of the date of this resolution, excluding Story Hills, for the Fiscal Year 2000.
Said resolution contains a list describing each lot and parcel and the amount levied thereon.
That said Commission Resolution No. 3306 is now on file in the office of the Clerk of the
Commission of the City of Bozeman, subject to inspection of all persons interested, for a period of
ten (10) days from the date of first publication; that Monday, the 16th of August 1999, at 7:00
p.m. of said day at a regular session of the Commission of the City of Bozeman, in the Commission
Room, in the City Hall Building, 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 final passage
and adoption of said Commission Resolution No. 3306 and the levying of said assessment; and that
said Resolution will be finally 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 as provided by law.
DATED this 3rd day of August 1999.
9~d~
ROBIN L. SULLIVAN
Clerk of the City Commission
Publish: Wednesday, August 4, 1999
Wednesday, August 11, 1999