HomeMy WebLinkAboutResolution 3203 Levy and assess garbage rates
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COMMISSION RESOLUTION NO. 3203
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
DAY 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
CURRENTL Y 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 1998, 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.
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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 1997-1998, 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 $53.37 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, 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 3, 1997, shall be as
follows:
Mini-container (18-20 gallon capacity,
up to 20 Ibs.) $ 0.95
Container (28-33 gallon capacity,
up to 30 Ibs.) $ 1.20
Bulky items that cannot otherwise be
properly placed in container Attach an adequate
number of Container
tags (divide
estimated
weight by 30
to determine)
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, 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
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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:
$160.12 base rate per dumpster per year
plus
$152.52 per cubic yard of dumpster capacity per year
(based on once per week pick-up)
plus
$185.00 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
In lieu of the tag system, 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
$249.60 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:
$160.12 base rate per year
Section 7
Commercial account flat rate dumpster fee assessments shall be determined as follows:
$160.12 base rate per year
plus
$152.52 per cubic yard of dumpster capacity per year
(based on once per week pickup)
plus
$185.00 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.
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Section 8
To defray the estimated cost and expense of collecting, removing and disposing of solid
waste in the City of Bozeman, for the Fiscal Year 1997-1998, a logarithmic base rate structure
is levied and assessed, plus 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 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 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.
Section 9
This assessment be levied for the fiscal year of July 1, 1997, through June 3D, 1998,
and be billed in October 1997 as are all other semi-annual special assessments.
Section 10
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 6th day of October 1997, 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 11
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 1998, against the property for which such service was rendered, is on fjle in the
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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 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 15th day of September 1997.
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DON E.
STUECK, Mayor
ATTEST:
efs~v~
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 day of October 1997,
DON E.
STUECK, Mayor
ATTEST:
ROBIN L. SULLIVAN
Clerk of the Commission
APPROVED AS TO FORM:
PAUL J. LUWE
City Attorney
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SCHEDULE "A"
$53.37 Base Rate
Total Base
# Dwelling Units % of Base Base Assessment
Assessment
Per Building Assessment fer Dwelling Unit
E.eLBuilding
1 100.00% $53.37
$53.37
2 86.86% $46.36
$92.72
3 81.65% $43.58
$130.74
4 77.95% $41.60
$166.40
5 75.08% $40.07
$200.35
6 72.73% $38.82
$232.92
7 70.75% $37.76
$264.32
8 69.03% $36.84
$294.72
9 67.52% $ 3 6.04
$324.36
10 66.16% $35.31
$353.10
11 64.94% $34.66
$381.26
12 63.82% $34.06
$408.72
13 62.79% $33.51
$435.63
14 61.83% $33.00
$462.00
15 60.95% $32.53
$487.95
16 60.12% $32.09
$ 5 1 3 .44
17 59.34% $31.67
$538.39
18 58.60% $31.27
$562.86
19 57.91 % $30.91
$587.29
20 57.25% $30.55
$611.00
21 56.62% $30.22
$634.62
22 56.02% $29.90
$657.80
23 55.45% $29.59
$680.57
24 54.90% $29.30
$703.20
25 54.38% $29.02
$725.50
26 53.87% $28.75
$747.50
27 53.39% $28.49
$769.23
28 52.92% $28.24
$790.72
29 52.47% $ 28.00
$812.00
30 52.03% $27.77
$833.10
31 51.61% $27.54
$853.74
32 51.20% $27.33
$874.56
33 50.81 % $27.12
$894.96
34 50.42% $26.91
$914.94
35 50.05% $26.71
$934.85
36 (and greater) 50.00% $26.69
$26.69 times number
of dwelling
units in
building
NOTICE
HEARING ON FINAL ADOPTION OF COMMISSION RESOLUTION NO. 3203
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 15th day of September 1997, Commission Resolution No. 3203 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 1998. Said Commission Resolution No. 3203 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 6th of October 1997, 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. 3203 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.
DA TED this 16th day of September 1997.
c?~ /U~
ROBIN L. SULLIVAN
Clerk of the City Commission
Publish: Wednesday, September 24, 1997
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