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HomeMy WebLinkAboutResolution 3012 Levying and assessing for garbage - -.-.. COMMISSION RESOLUTION NO. 3012 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, 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 DEFRA YING 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 said special assessments shall be made, levied, and collected annually in the same manner, as far as practicable, as are other special assessments and levies of the City of Bozeman; and WHEREAS, the City Commission of the City of Bozeman did on the 8th day of August 1994, regularly pass Commission Resolution No. 2996, entitled: A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING TAG SYSTEM FEES AND OTHER SPECIAL FEES FOR DEFRAYING THE COST AND EXPENSE OF COLLECTING AND DISPOSING OF SOLID WASTE UNDER THE PROVISIONS OF ORDINANCE NO. 1323 OF THE CITY OF BOZEMAN MUNICIPAL CODE. ~ ".~ which Commission Resolution No. 2996 provides for the basis and method of assessing fees and for an optional/imposed flat rate fee for dumpsters; and a flat fee assessment to be imposed by the Commission on property owners who fail to comply with the tag system; and WHEREAS, Exhibit "A" to Commission Resolution No. 2996 set forth the logarithmic base assessment structure, which Exhibit n A" is attached hereto as Exhibit" A"; and WHEREAS, to defray the cost of solid waste collection, removal and disposal for Fiscal Year 1995, the Commission must now establish an assessment to be levied for said services. NOW, THEREFORE, pursuant to the provisions of Sections 7-14-4105 and 7-14-4106, Montana Code Annotated, Ordinance Nos. 1323 and 1367, the Bozeman Municipal Code, 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 MONT ANA: Section 1. That to defray the estimated cost and expense of collecting, removing and disposing of solid waste in the City of Bozeman, for the Fiscal Year 1995, a logarithmic base assessment, plus either the optional/imposed flat fee for dumpsters, the imposed flat fee for non-compliance with the tag system, or the commercial dumpster fees where appropriate, is hereby levied 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 - 2 - provided by law relative to delinquent taxes. Section 2. That the base rate for residential solid waste collection shall be calculated and assessed by applying the appropriate precentages contained in Schedule "A" to the base rate of $47.00 per dwelling unit per annum, unless prorated as of the date that City service began or ended, for all properties serviced by the City of Bozeman or not serviced by any other private contractor licensed for solid waste collection. Section 3. That pursuant to Commission Resolution No. 2966, the optional/ imposed flat rate dumpster fee is hereby assessed as follows: $141.00 base rate plus $134.15 per cubic yard of dumpster capacity per year (based on once per week pickup) plus $162.90 per year per additional pickup per week plus Whenever specialty materials exceed 50 percent of the dumpster's contents, the per-cubic-yard dollar amount shall be increased in accordance with the specialty materials landfill fees in the current landfill fee schedule. Section 4. That pursuant to Commission Resolution No. 2996, the flat rate fee assessment in lieu of the tag system, for those property owners utilizing solid waste cans and upon whom the flat fee is imposed by the City Commission for non-compliance with the tag system is hereby assessed as follows: Base rate from Schedule "A" plus $218.40 per year Section 5. That pursuant to Commission Resolution No. 2996, the commercial account flat rate dumpster fee is hereby assessed as follows: $141.00 base rate for up to and including four offices/businesses per building plus $35.10 per office/business per building over four plus $134.15 per cubic yard of dumpster capacity per year (based on once per week pickup) plus $162.90 per week per additional pickup per week Section 6. That this assessment be levied for the fiscal year of July 1, 1994, through June 30, 1995, and be billed in October 1994 as are all other special assessments. Section 7. 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 17th day of October 1994, at 7:00 o'clock p.m., is hereby designated as the time and place at which - 3 - objections to the final passage and adoption of this Resolution will be heard by said Commission. Section 8. 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 collection, removal and disposition of solid waste in the City of Bozeman for the Fiscal Year 1995, 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 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. PROVISIONALLY PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 3rd day of October 1994. ATTEST: JO \ r2t:J~ ROBIN L. SULLIVAN Clerk of the Commission FINALLY PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 17th day of October 1994. c::::=.-- ATTEST: v~Lh~ ROBIN L. SULLIVAN Clerk of the Commission APPROVED AS TO FORM: - 4 - - ~ ..- - ........ -. -..... .. -_.... SCHEDULE "A" $47.00 Base Rate Total Base # Dwelling Units % of Base Base Assessment Assessment ____PeLaulLding AS~H~~~meIlt ~eLDw~_mDg_Uoit I:.eLBuilding 1 100.00% $47.00 $47.00 2 86.86% $40.82 $81.64 3 81.65 % $38.38 $115.14 4 77.95% $36.64 $146.56 5 75.08% $35.29 $176.45 6 72.73% $34.18 $205.08 7 70.75% $33.25 $232.75 8 69.03% $32.44 $259.52 9 67.52% $31.73 $285.57 10 66.16% $31.1 0 $311.00 11 64.94% $30.52 $335.72 12 63.82% $30.00 $360.00 13 62.79%. $29.51 $383.63 14 61.83 % $29.06 $406.84 15 60.95% $28.65 $429.75 16 60.12% $28.26 $452.16 17 59.34% $27.89 $474.13 18 58.60% $27.54 $495.72 19 57.91% $27.22 $517.18 20 57.25% $26.91 $538.20 21 56.62% $26.61 $558.81 22 56.02% $26.33 $579.26 23 55.45% $26.06 $599.38 24 54.90% $25.80 $619.20 25 54.38% $25.56 $639.00 26 53.87% $25.32 $658.32 27 53.39% $25.09 $677.43 28 52.92% $24.87 $696.36 29 52.47% $24.66 $715.14 30 52.03% $24.45 $733.50 31 51.61% $24.26 $752.06 32 51.20% $24.06 $769.92 33 50.81 % $23.88 $788.04 34 50.42% $23.70 $805.80 35 50.05% $23.52 $823.20 36 50.00% $23.50 $23.50 times number of dwelling units In building ., ---..-- ~...:.....:....-....:.. ..:....:..:.......:-.-- ---.---.- -- -..-- - --~ -"0" .._." ._".__...~. _._ ."-- NOTICE HEARING ON FINAL ADOPTION OF COMMISSION RESOLUTION NO. 3012 LEVYING A SPECIAL ASSESSMENT TO DEFRAY THE COST OF THE COLLECTION, REMOVING AND DISPOSITION OF SOLID WASTE FOR THE FISCAL YEAR 1995, 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 3rd day of October 1994, Commission Resolution No. 3012 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 1995. That said Commission Resolution No. 3012 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 17th of October 1994, 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. 3012 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 4th day of October 1994. ~ J xLfA~ ROBIN L. SULLIVAN Clerk of the City Commission Publish: Thursday, October 6, 1994