HomeMy WebLinkAboutResolution 3070 City-wide street maintenance district assessment - FY96
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COMMISSION RESOLUTION NO. 3070
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR
FISCAL YEAR 1996 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.
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, 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 City's corporate limits for the Fiscal Year 1996, 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
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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 on December 1, 1995 and the May
assessments shall become delinquent on June 1, 1996.
Section 2
That the per-square-foot assessment rate in said maintenance district shall be
$.00459, 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 lots 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, 1995, through June 30,
1996, and be billed in October 1995 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 7th day of August
1995, 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
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maintenance of all streets, alleys and public places located within the City's corporate limits
for the Fiscal Year 1996, against the property of 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.
PROVISIONALL Y PASSED AND ADOPTED by the Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 17th day of July 1995.
ATTEST:
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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 7th day of August 1995.
ATTEST:
~ J .1~
ROBIN L. SULLIVAN
Clerk of the Commission
APPROVED AS TO FORM:
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NOTICE
HEARING ON FINAL ADOPTION OF COMMISSION RESOLUTION NO.
3070 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 1996 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 17th day of July 1995, Commission Resolution No. 3070 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 corporate limits of the City of Bozeman for the Fiscal Year
1996. Said resolution contains a list describing each lot and parcel and the amount levied
thereon.
That said Commission Resolution No. 3070 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 7th of
August 1995, 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. 3070 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.
DA TED this 18th day of July 1995.
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ROBIN L. SULLIVAN
Clerk of the City Commission
Publish: Sunday, July 23, 1995
Sunday, July 30, 1995