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HomeMy WebLinkAboutResolution 3259 Levy and assess garbage for Fiscal Year 1999 --- -.. ..-.. ---- . ''''~~,""",,".:- , COMMISSION RESOLUTION NO. 3259 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING SOLID WASTE COLLECTION FEES, AND LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO DEFRAY THE COST AND EXPENSE OF COLLECTING, REMOVING AND DISPOSING OF SOLID WASTE UNDER THE PROVISIONS OF ORDINANCE NO. 1323, AS AMENDED BY ORDINANCE NO. 1367, OF THE CITY OF BOZEMAN MUNICIPAL CODE. WHEREAS, the City Commission of the City of Bozeman did on the 8th day of April 1991, regularly pass Ordinance No. 1323, entitled: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING ORDINANCE NO. 696, AS ADOPTED ON THE 8TH DA Y OF JANUARY 1940, AND AS CODIFIED IN CHAPTER 8.16 OF THE BOZEMAN MUNICIPAL CODE, DEFINING GARBAGE FOR THE PURPOSE OF THIS ORDINANCE; PROVIDING FOR THE COLLECTION AND DISPOSITION THEREOF BY AND UNDER THE SUPERVISION AND CONTROL OF THE DEPARTMENT OF PUBLIC SERVICE, AND FOR DEFRAYING THE COST OF SUCH COLLECTION AND DISPOSITION BY SPECIAL ASSESSMENT AGAINST THE PROPERTY OF WHICH SUCH SERVICE IS RENDERED; AND PROVIDING PENAL TIES FOR VIOLATION OF THIS ORDINANCE. which Ordinance No. 1323, passed as aforesaid, is hereby referred to and made a part of this Resolution; and WHEREAS, the City Commission of the City of Bozeman did on the 21 st day of June 1993, regularly pass Ordinance No. 1367, entitled: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE, AS AMENDED BY ORDINANCE NO. 1323 AND WHICH SAID ORDINANCE IS NOT CURRENTLY CODIFIED IN THE BOZEMAN MUNICIPAL CODE, BE AMENDED BY REVISING SECTIONS 18.16.010, 18.16.015,8.16.020, 8.16.030, 8.16.050, AND 8.16.060 OF SAID CODE, PROVIDING FOR THE CHANGE OF THE TERM "GARBAGE" TO THE TERM "SOLID WASTE", AND FOR REVISIONS TO THE COLLECTION, DISPOSAL OF SOLID WASTE, AND THE PAYMENTS THEREFOR. which Ordinance No. 1367, passed as aforesaid is hereby referred to and made a part of this Resolution; and WHEREAS, Ordinance Nos. 1323 and 1367 further provide that a base rate, tag system and its accompanying fee, and any special fees shall be set through adoption of an assessment resolution on an annual basis for all properties which utilize the City's solid waste collection system and provide that said special assessments shall be made, levied, and collected annually in the same manner, as far as practicable, as are all other special assessments and levies of the City of Bozeman; and WHEREAS, to defray the cost of solid waste collection, removal and disposal for Fiscal Year 1999, the Commission must now establish an assessment to be levied for said services as well as the fees for the tag system and any special fees. NOW, THEREFORE, 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 collecting and disposing of solid waste in the City of Bozeman, for the Fiscal Year 1998-1999, a logarithmic base assessment structure is hereby established, as set forth in Schedule "A", attached hereto and by this reference made a part hereof as if fully set forth herein. Said base assessment shall be calculated by applying the appropriate percentages contained in Schedule "A" to a base rate of $55.50 per dwelling unit for all residential properties within the city which are serviced by the City of Bozeman or not serviced by any other private contractor licensed by the Montana Public Service Commission for solid waste collection and transportation. Section 2 In addition to said base rate assessment fee, users of the City's solid waste collection system, except those serviced through a dumpster which is subject to the optional/imposed flat rate dumpster fee set forth in Sections 3 and 4, below, or those serviced through a solid waste collection account which is subject to the imposed flat fee set forth in Section 5 below, or those serviced through the automated collection system which is subject to the fees set forth in Section 8, below, shall be required to purchase tags which must be affixed to the solid waste container which is set out for solid waste collection. The costs of such tags, effective November 9, 1998, shall be as follows: Mini-container (18-20 gallon capacity, up to 20 Ibs.) $1.00 Container (28-33 gallon capacity, up to 30 Ibs.) $1.25 Bulky items that cannot otherwise be properly placed in container Attach an adequate number of Container tags (divide estimated weight by 30 to determine) ~ 2 - The City's solid waste crew will pick up only tagged solid waste on their regular routes; and the tags will be removed. Section 3 In lieu of the tag system, an optional/imposed flat rate dumpster fee assessment, as set forth in Section 4, below, shall be provided for those property owners who apply for that assessment or upon whom the flat fee is imposed by the City Commission for non- compliance with the tag system. Said assessment shall be applied only to dumpster accounts within the City which are serviced by the City of Bozeman and not serviced by any other private contractor licensed by the Montana Public Service Commission for solid waste collection and transportation. Section 4 The optional/imposed flat rate dumpster fee assessment shall be determined as follows: $166.52 base rate per year plus $161.49 per cubic yard of dumpster capacity per year (based on once per week pick-up) plus $192.40 per year per additional pickup per week Whenever speciality materials, as identified in the City's current landfill schedule, exceed 50 percent of the dumpster's contents, then the per cubic yard of dumpster capacity dollar amount shall be increased in accordance with the specialty materials landfill fees established in the current landfill schedule. Section 5 The flat rate fee assessment for those property owners that utilize solid waste cans and upon whom the flat fee is imposed by the City Commission for non-compliance with the tag system shall be determined as follows: Base rate from Schedule "A" plus $260.00 per year (an amount equal to four container tags per week) Section 6 Base rate fee assessments for commercial accounts using the tag system shall be determined as follows: $166.52 base rate per year - 3 - .-...-.-------- Section 7 In lieu of the tag system, commercial account flat rate dumpster fee assessments shall be determined as follows: $166.52 base rate per year plus $161.49 per cubic yard of dumpster capacity per year (based on once per week pickup) plus $192.40 per year per additional pickup per week Whenever speciality materials, as identified in the City's current landfill schedule, exceed 50 percent of the dumpster's contents, then the per cubic yard of dumpster capacity dollar amount shall be increased in accordance with the specialty materials landfill fees established in the current City of Bozeman landfill gate schedule. Section 8 For those accounts on the automated collection system, the annual assessment rates shall be as follows: Weeklv collection: 35-gallon tote $ 90.00 65-gallon tote 11 6.00 1 DO-gallon tote 1 47.00 Monthlv collection: 35-gallon tote $ 66.00 For those accounts serviced by the automated collection system between May 1 and June 30, 1998, an additional assessment, prorated on a weekly basis, will be included on the Fiscal Year 1998-1999 assessments to cover the difference between any assessment previously paid at the Fiscal Year 1997-1998 rates and the automated collection system rates as established herein. Section 9 To defray the estimated cost and expense of collecting, removing and disposing of solid waste in the City of Bozeman, for the Fiscal Year 1998-1999, a logarithmic base rate structure is levied and assessed on all properties within the city which are serviced by the City of Bozeman or not serviced by any other private contractor licensed by the Montana Public Service Commission for solid waste collection and transportation, except those properties served by the automated collection system. To such assessment will be added either the optional/imposed flat fee for dumpsters, the imposed flat fee for non-compliance with the tag system, or the commercial account fees, where appropriate, against the - 4 - property and the several lots, pieces and parcels of land thereof within the City of Bozeman as set forth in Schedule "B", which is attached hereto and made a part hereof. A particular description of each lot and parcel of land with the name of the owner and/or owners and the sum assessed against the same is set forth in the assessment list in Schedule "B"; 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 Nos. 1323 and 1367 of the City of Bozeman, Montana, and the laws of the State of Montana governing the collection of Special Assessments; and 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 for such assessment and any penalties provided by law relative to delinquent taxes. Section 10 This assessment be levied for the fiscal year of July 1, 1998, through June 3D, 1999, and be billed in October 1998 as are all other semi-annual special assessments. Section 11 The regular session of the Commission of the City of Bozeman, Montana, to be held in the Commission Room in the City Hall of said City on the 5th day of October 1998, at 7:00 p.m., is hereby designated as the time and place at which objections to the final passage and adoption of this Resolution will be heard by said Commission. Section 12 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 establishing solid waste collection fees, and levying and assessing a special assessment to defray the cost and expense of collection, removal and disposition of solid waste in the City of Bozeman for the Fiscal Year 1999, against the property for 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 - 5 - Notice shall be published at least ten (10) days before the date set by the Commission for hearing of objections and the final adoption of this Resolution. PROVISIONALL Y PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 21 st day of September 1998. ATTEST: ~~F,~-4f/ GlL y .-i!~~ ROBIN L. SULLIVAN Clerk of the Commission FINALL Y PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 5th day of October 1998. ~<~, .~~ ALF M. STIFF, Mayor ATTEST: ~y~ ROBIN L. SULLIVAN Clerk of the Commission APPROVED AS TO FORM: ~. /) PAUL J. City Att - 6 - ----------- . ."." -..,-.,.......:.. SCHEDULE "A" $55.50 Base Rate T ota I Base # Dwelling Units % of Base Base Assessment Assessment -----.Ee.r.-.B_uilding Assessment Per UwelJlng_l1oit eer . Building 1 100.00% $55.50 $55.50 2 86.86% $48.21 $96.42 3 81.65% $45.32 $135.96 4 77.95% $43.26 $173.04 5 75.08% $41.67 $208.35 6 72.73% $ 40.37 $242.22 7 70.75% $39.27 $274.89 8 69.03% $38.31 $306.48 9 67.52 % $37.47 $337.23 10 66.16% $36.72 $367.20 1 1 64.94% $36.04 $396.44 12 63.82% $35.42 $425.04 13 62.79% $34.85 $453.05 14 61.83% $34.32 $480.48 15 60.95 % $33.83 $507.45 16 60.1 2 % $33.37 $533.92 17 59.34% $32.93 $559.81 18 58.60% $32.52 $585.36 19 57.91 % $32.14 $610.66 20 57.25% $31.77 $635.40 21 56.62 % $ 31 .42 $659.82 22 56.02 % $31.09 $683.98 23 55.45% $30.77 $707.71 24 54.90% $30.4 7 $731.28 25 54.38 % $30.18 $754.50 26 53.87% $29.90 $777.40 27 53.39% $29.63 $800.01 28 52.92 % $29.37 $822.36 29 52.47% $29.12 $844.48 30 52.03% $28.88 $866.40 31 51.61% $28.64 $887.84 32 51.20% $28.42 $909.44 33 50.81 % $28.20 $930.60 34 50.42% $27.98 $951.32 35 50.05% $27.78 $972.30 36 (and greater) 50.00% $27.75 $27.75 times number of dwelling units in building ----- --.-.. --...-..--.---..... NOTICE HEARING ON FINAL ADOPTION OF COMMISSION RESOLUTION NO. 3259 LEVYING A SPECIAL ASSESSMENT TO DEFRAY THE COST OF THE COLLECTION, REMOVING AND DISPOSITION OF SOLID WASTE FOR THE FISCAL YEAR 1998, AGAINST PROPERTY IN THE CITY OF BOZEMAN. NOTICE IS HEREBY GIVEN, that at a regular session of the Commission of the City of Bozeman held on the 21 st day of September 1998, Commission Resolution No. 3259 was provisionally passed and adopted; that said Resolution levies and assesses a special assessment to defray the cost of collection, removal and disposition of solid waste in the City of Bozeman for the Fiscal Year 1999. Said Commission Resolution No. 3259 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; that Monday, the 5th of October 1998, 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, 411 East 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 final passage and adoption of said Commission Resolution No. 3259 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 within ten (10) days limit as provided by law. DATED this 22nd day of September 1998. V~ oZ~ ROBIN l. SULLIVAN Clerk of the City Commission Publish: Wednesday, September 23, 1998 . .- .-".---- .-.--..-.-.