HomeMy WebLinkAboutResolution 2839 Levying and assessing tree maintenance FY92
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COMMISSION RESOLUTION
NO. 2839
A RESOLUTION OF THE
COMMISSION OF THE
CITY OF
BOZEMAN, MONTANA, LEVYING AND
ASSESS I NG A SPECIAL
ASSESSMENT 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.
WHEREAS, the City Commission of the City of Bozeman did on the 16th
day of July 1990, following due notice and public hearing, regularly pass Com-
mission Resolution No. 2804, entitled:
A RESOLUTION OF THE
CITY COMMISSION OF THE
CITY OF
BOZEMAN, MONTANA, CREATING
A CITY-WIDE TREE MAIN-
TENANCE DISTRICT FOR THE
PURPOSE OF PLANTING AND
MAINTAINING TREES IN ALL PUBLIC PLACES, RIGHTS-OF-WAY
AND PARKS.
which Commission Resolution No. 2804, 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.
2804 further provides
that said
special assessments shall be made, levied, and collected
annually in the same
manner as are other special assessments and levies of the City of Bozeman; and
WHEREAS, to defray the costs of tree maintenance for the coming as-
sessment year, the Commission must now establish an assessment to be levied
for said services;
NOW, THEREFORE, pursuant to the provisions of said Commission Res-
olution 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. That to defray the estimated cost and expense of the main-
tenance of planting and maintaining trees in all publ ic places, rights~of-way and
parks located within the City's corporate limits for the Fiscal Year 1992, there
is hereby levied and assessed against the assessable area of the several lots,
pieces and parcels of land benefited by the tree maintenance district within the
City of Bozeman as set forth in Schedule "A", attached hereto and by this ref-
erence made a part hereof, which contains a description of each lot and parcel
of land with the name of the owner and/or owners, if known, and the sum as-
sessed against the same; that the several sums set opposite the names of said
owners and the described lots and parcels of land, be, and the same are here-
by 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;
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that the said sums shall be paid and the collection thereof be made in the man-
ner and in accordance with
Commission Resolution No.
2804 of the City of
Bozeman, Montana, and the laws of the State of Montana governing the collec-
tion 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.
Section 2. That the per-square-foot assessment rate in said maintenance
district shall be $.00105, with caps for residential lots at 11 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 t times the minimum lots for an R-2 zoned lot; and
for Public Lands and I nstitutions 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,
1991 , through June 30, 1992,
and be bi lied in
October 1991 as are all other
special assessments.
Section 4. That
the regular session of the Commission of the
City of
Bozema n , Montana, to be held in
the Commission Chamber in the City Hall of
said City on the 5th day of August 1991, at 7:00 o'clock p.m., and the same is
hereby designated as the time and place at which objections to the final adop-
tion of the Resolution will be heard by said Commission.
Section 5. That
the Clerk of the Commission of the City of Bozeman,
be, and she 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 of taxes to defray the cost and expense of
maintenance of a II streets, alleys
and public places located
within the City1s
corporate limits for the Fiscal
Year 1992, 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 of objec-
tions and the final adoption of this Resolution.
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Provisionally passed and adopted by the Commission of the City of
Bozeman at a regular session thereof held on the 22nd day of July 1991.
ATTEST:
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Clerk of the City Commission
Finally passed and adopted by the Commission of the City of Bozeman at
a regular session thereof held on the ~ day of August 1991.
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RO' R L. H WK
Mayor
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IN L. SULLIVAN
Clerk of the City Commission
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Ci ty Attorney
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NOTICE
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HEARING, FINAL ADOPTION
COMMISSION RESOLUT ION NO.
2839 LEVYING A SPECIAL ASSESSMENT TO DEFRAY THE COST
OF THE PLANTING
AND MAINTAINING TREES IN ALL
PUBLI C
PLACES, RI GHTS-OF-WA Y
AND PARKS LOCATED WITHIN
THE
CITY LIMITS OF THE CITY OF BOZEMAN FOR THE FISCAL YEAR
1992 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 22nd day of July 1991, Commission Resolu-
tion No. 2839 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 planting and maintaining trees
in all public places,
rights-of-way and parks within the corporate limits of the City of Bozeman for
the Fiscal Year 1992. Said
resolution contains a list describing each lot and
parcel and the amount levied thereon.
That said Commission Resolution No. 2839 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 5th day of
August 1991, 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 Sui Iding, 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 pas-
sage and adoption of said Commission Resolution
No. 2839 and the levying of
.
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said assessment; and that said Resolution will be finally passed and adopted at
.
said regular session of said Commission, subject to such corrections and amend-
ments that may be made upon objections made and filed with the Clerk of the
Commission within ten (10) days I imit as provided by law.
DA TED this 22nd day of July 1991.
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Clerk of the City Commission
Publish: Thursday, July 25, 1991
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