HomeMy WebLinkAboutResolution 5407 Levying and Assessing a Special Assessment for Cost Incurred in the City-Wide Arterial and Collector Street MaintenancePage 1 of 5
RESOLUTION NO. 5407
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL
YEAR 2023 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 ARTERIAL AND COLLECTOR 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 31st day of August,
2015, following notice and public hearing regularly pass Commission Resolution No. 4640
entitled:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, CREATING THE ARTERIAL AND COLLECTOR STREET
SPECIAL DISTRICT FOR THE PURPOSE OF FUNDING THE CONSTRUCTION,
IMPROVEMENTS, AND MAINTENANCE OF TRANSPORTATION FACILITIES
RELATED TO ARTERIALS AND COLLECTOR STREETS.
Which Commission Resolution No. 4640 provides the basis and method of assessing the cost
against property herein assessed; and
WHEREAS, Commission Resolution No. 4640 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
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WHEREAS, in accordance with Commission Resolution No. 4640, the district boundaries
are the city corporate limits as amended from time to time by annexation; and
WHEREAS, to defray the costs of arterial and collector 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.
4640 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 cost and expense of the maintenance of arterial and collector streets located within
the district, which is hereby extended to include the city’s corporate limits including all annexed
properties as of the date of this Resolution, for fiscal year 2023 the City of Bozeman hereby levies
and assesses upon all property located within the district the respective amounts listed on Schedule
A, attached hereto and by this reference made a part of this Resolution. The assessment amounts
set forth on Schedule A shall be paid and collected in accordance with Commission Resolution
No. 4640 of the City of Bozeman, Montana, and the laws of the State of Montana governing the
collection of special district assessments. Failure to pay such assessment when 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, 2022, and the May assessments shall become delinquent at 5:01
p.m. on May 31, 2023.
Section 2
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The assessment basis and method of assessing the costs of the district against property herein
assessed shall be as specified in Resolution No. 4640, which is hereby incorporated by this
reference and made a part of this Resolution.
Section 3
That the per-square-foot assessment rate in said district shall be $0.007417 per square foot of actual
lot area, with a limit on the maximum square footage assessed for zones as 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.
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 sq 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.)
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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, 2022 through June 30, 2023, and be
billed in October 2022 as are all other special assessments. Any condominium and/or subdivision
of land recorded on or before September 30, 2022 is subject to assessment for fiscal year 2023.
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 2nd day of August, 2022 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 arterial and collector streets located within the
City’s corporate limits for the fiscal year 2023, 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. 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.
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PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana at a regular session thereof held on the 2nd day of August, 2022.
____________________________
CYNTHIA ANDRUS
Mayor
ATTEST:
____________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
____________________________________
GREG SULLIVAN
City Attorney
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