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RESOLUTION 5406
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 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
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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 2023, 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
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p.m. on November 30, 2022, and the May assessments shall become delinquent at 5:01 p.m. on
May 31, 2023.
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 0.003914, 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
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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, 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 9th 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 planting and maintaining trees in all public places, rights-of-way
and parks 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
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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 9th day of August 2022.
____________________________ CYNTHIA ANDRUS
Mayor ATTEST:
_________________________________
MIKE MAAS City Clerk APPROVED AS TO FORM:
______________________________ GREG SULLIVAN
City Attorney
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