HomeMy WebLinkAboutResolution 2938 Assessing garbage charges FY93-94
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COMMISSION RESOLUTION NO. 2938
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 21st 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" SOUD WASTE", AND FOR REVISIONS TO THE COLLECTION,
DISPOSAL OF SOUD 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 21 st day of
June 1993, regularly pass Commission Resolution No. 2916, entitled:
A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, 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.
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which Commission Resolution No. 2916 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. 2916 set forth the
logarithmic base assessment structure, which Exhibit "A" is attached hereto as Exhibit "A";
and
WHEREAS, to defray the cost of solid waste collection, removal and disposal for
Fiscal Year 1994, 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 MONTANA:
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 1994, 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
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to the penalties 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 $45.00 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. 2916, the optional/
imposed flat rate dumpster fee is hereby assessed as follows:
$135.00 base rate
plus
$111.80 per cubic yard of dumpster capacity per year
(based on once per week pickup)
plus
$156.00 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. 2916, 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
$208.00 per year
Section 5. That pursuant to Commission
Resolution No. 2916, the
commercial account flat rate dumpster fee is hereby assessed as follows:
$135.00 base rate for up to and including four offices/businesses per building
plus
$33.75 per office/business per building over four
plus
$111.80 per cubic yard of dumpster capacity per year
(based on once per week pickup)
plus
$156.00 per week per additional pickup per week
Section 6. That this assessment be levied for the fiscal year of July 1, 1993,
through June 30, 1994, and be billed in October 1993 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 18th day of October 1993, at 7:00 o'clock p.m., is hereby designated as the time and
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place at which 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 1994, 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 4th day of October 1993.
ATTEST:
C2k O!~
ROBIN L. SULLIVAN
Clerk of the Commission
FINALL Y PASSED AND ADOPTED by the City Commission of the City of Bozeman, f
Montana, at a regular session thereof held on the 18th day of October 1993.
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ATTEST:
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Clerk of the Commission
APPROVED AS TO FORM:
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SCHEDULE-A-
$45.00 Base Rate
Total Base
# Dwelling Units % of Base Base Assessment Assessment
Per BuildinQ Assessment Per DwellinQ Unit Per BuildinQ
1 100.00% $45.00 $45.00
2 86.86% 39.09 78.17
3 81.65% 36.74 11 0.23
4 77.95% 35.08 140.31
5 75.08% 33.79 168.93
6 72.73% 32.73 196.37
7 70.75% 31.84 222.86
'- 8 69.03% 31.06 248.51
9 67.52% 30.38 273.46
10 66.16% 29.77 297.72
11 64.94% 29.22 321 .45
12 63.82% 28.72 344.63
13 62.79% 28.26 367.32
14 61.83% 27.82 389.53
15 60.95% 27.43 411.41
16 60.12% 27.05 432.86
17 59.34% 26.70 453.95
18 58.60% 26.37 474.66
19 57.91 % 26.06 495.13
20 57.25% 25.76 515.25
21 56.62% 25.48 535.06
22 56.02% 25.21 554.60
23 55.45% 24.95 573.91
24 54.90% 24.71 592.92
25 54.38% 24.47 611.78
26 53.87% 24.24 630.28
27 53.39% 24.03 648.69
28 52.92% 23.81 666.79
29 52.47% 23.61 684.73
30 52.03% 23.41 702.41
31 51.61% 23.22 719.96
32 51.20% 23.04 737.28
33 50.81% 22.86 754.53
34 50.42% 22.69 771 .43
35 50.05% 22.52 788.29
36 50.00% 22.50 $22.50 X
number of
dwelling
units in
building
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NOTICE
HEARING ON FINAL ADOPTION OF COMMISSION RESOLUTION NO.
2938 lEVYING A SPECIAL ASSESSMENT TO DEFRAY THE COST OF
THE COLLECTION, REMOVING AND DISPOSITION OF SOLID WASTE FOR
THE FISCAL YEAR 1994, 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 4th day of October 1993, Commission Resolution No. 2938 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 1994. That said Commission Resolution No. 2938 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 18th of
October 1993, 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. 2938 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.
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DATED this 4th day of October 1993. ,
G1kJ~
ROBIN L. SULLIVAN
Clerk of the City Commission
Publish: Thursday, October 7, 1993
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