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HomeMy WebLinkAboutResolution 3407 Levying and assessing special assessment, Business Improvement District - COMMISSION RESOLUTION NO. 3407 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2001 UPON ALL REAL PROPERTY IN THE BUSINESS IMPROVEMENT DISTRICT, LOCATED IN THE CITY OF BOZEMAN'S DOWNTOWN AREA, TO DEFRAY THE ESTIMATED COST AND EXPENSE TO BE INCURRED IN THE BUSINESS IMPROVEMENT DISTRICT FOR THE FISCAL YEAR. WHEREAS, the City Commission of the City of Bozeman did, on the 3rd day of April 2000, duly and regularly pass Commission Resolution No. 3357, entitled: COMMISSION RESOLUTION NO. 3357 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, STATING THE COMMISSION'S INTENT TO CREATE A BUSINESS IMPROVEMENT DISTRICT IN THE CITY'S DOWNTOWN AREA. and thereafter, after due and legal proceedings, the Commission of the City of Bozeman did, on the 15th day of May 2000, duly pass Commission Resolution No. 3361, entitled: COMMISSION RESOLUTION NO. 3361 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A BUSINESS IMPROVEMENT DISTRICT IN THE CITY'S DOWNTOWN AREA. and further, pursuant to the provisions of Section 7-12-1121, Montana Code Annotated, did, on the 15th day of May 2000, duly pass Ordinance No. 1517, entitled: ORDINANCE NO. 1517 AN EMERGENCY ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A BUSINESS IMPROVEMENT DISTRICT IN THE CITY'S DOWNTOWN AREA. which Commission Resolution Nos. 3357 and 3361 and Ordinance No. 1517, passed as aforesaid, are hereby referred to and made a part of this resolution for further particulars in respect to the boundaries of said district, the purpose of the district and the duration of the district; and WHEREAS, Section 7-12-1132(4), Montana Code Annotated, 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, pursuant to Section 7-12-1132(2), Montana Code Annotated, the City Commission did, on the 6th day of July 2000, conduct a public hearing on the work plan and budget submitted; and WHEREAS, the work plan and budget, accepted by the City Commission subsequent to the public hearing, provides for parcels to be assessed for that part of the whole cost of ----- ------ ---- ---- --- --- -- the district which its taxable valuation bears to the total taxable valuation of the property of the district, pursuant to Section 7-12-1133(2)(c), Montana Code Annotated. WHEREAS, to defray the costs of the business improvement district 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 Ordinance No. 1517 and the laws of the State of Montan~, 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 business improvement district in the City's downtown area for the Fiscal Year 2001, there is hereby levied and assessed against the taxable valuation of the several lots, pieces and parcels of land benefitted by the district within the City of Bozeman as set forth in Schedule II 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 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 Ordinance No. 1517 of the City of Bozeman, Montana, and the laws of the State of Montana governing the collection of a business improvement 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 at 5:01 p.m. on November 30, 2000, and the May assessments shall become delinquent at 5:01 p.m. on May 31, 2001. Section 2 That each lot or parcel of land, including the improvements thereon, may be assessed for that part of the whole cost of the district which its taxable valuation bears to - 2 - the total taxable valuation of the property in the district. The assessment rate in said business improvement district shall be $1.27 per $1,000 of taxable valuation. Section 3 That this assessment be levied for the Fiscal Year 2001 (which is July 1, 2000, through June 30, 2001), and be billed in October 2000 as are all other special assessments. Section 4 DisDosition of Collections. That the assessments as collected shall be placed in the business improvement district fund and shall be used to defray the costs thereof as provided by law. PASSED AND ADOPTED by the Commission of the City of Bozeman, Montana, at a regular session thereof held on the 16th day of October 2000. MAR~N~~ ATTEST: rJ~J ~ ROBIN L. SULLIVAN Clerk of the Commission ,,- ~/ - 3 -