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HomeMy WebLinkAboutResolution 2796 Intent to create tree maintenance district '.",....-- ~- .. . \ ..-" -- ~..': COMMISSION RESOLUTION NO. 2796 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A CITY-WIDE TREE MAINTENANCE DISTRICT FOR THE PURPOSE OF PLANTING AND MAINTAINING TREES IN ALL PUBLIC PLACES, RIGHT-OF-WAYS AND PARKS WHEREAS, the Bozeman City Commission recognizes that by planting and carlng for trees in city parks, boulevards and other public places that the City and its residents will receive city- wide benefits as growing trees ald in the stabilization of soil by preventing erosion and sedimentation; reduce storm water runoff and the costs associated therewith and replenishes the ground water supplies; aid in the removal of carbon dioxide and generate oxygen in the atmosphere; provlde a butter and screen against nOlse pollution; provide protection against severe weather; provide shade during hot summer months which produces a cooling effect thereby conserving energy and reducing the loss ot water by evaporation; aid in the control ot drainage and restoration of denuded soil following construction or grading; provide a haven for birds which in turn assist in the control of insects; protect and increase property values; conserve and enhance the Clty'S physical and aesthetic environment; and generally protect and enhance the quality of life and the general welfare of the City; and WHEREAS, the residents ot the community will be benefited by the trees should share in paying the reasonble costs incurred thereby; and WHEREAS, 7-16-4103 Montana Code Annotated (MCA) authorizes the City Commission to plant and protect trees; and WHEREAS, 7-1-4123 and 7-12-4179 MCA authorizes the City to place an assessment on benefited properties. NOW, THEREFORE, BE IT RESOLVED, by the Bozeman, Montana, City Commission, as follows: Section 1 - Tree Maintenance District No. 1 - -- 1 -.---.. ...-.-.-.'-- " ~. . \ , , ~' "', . '. That it is the intention ot the Bozeman City Commision to create a city-wide tree maintenance district for the purpose ot planting, protecting and maintalning trees in all public places, right-ot-ways and parks ln the City ot Bozeman. Section 2 Tree Malntenance District No. 1 - -- The proposed district shall be designated as Tree Malntenance District No. lo Section 3 Boundaries The proposed distrlct shall be comprised ot all land located wlthin the city limlts ot the City ot Bozeman, Montana, as described by the otticia1 Zone Map adopted by the City ot Bozeman on January 14, 1988, and including those parcels annexed into the city limits of Bozeman, belng commonly reterred to as the Weaver Annexation, the Pacitlc Hide and Fur Annexation, the Fish, Wild11te & Parks Annexation and the Aaker Annexation and excluding trom the distrlct the Story Hills Annexation. Section 4 Method ot Maintenance The plantlng and maintenance to be done in the proposed district may be done by contract or by forc es employed by the City, or by both, in such manner as the Commission may elect. Sectlon 5 Method of Assessment - The assessment for the cost and expenses lncurred in the planting and maintenance proposed hereunder shall be assessed against each lot or parcel within such district tor that part ot the cost which ltS assessable area bears to the assessable area ot the entire district, exclusive ot streets, avenues, alleys and public places. Section 6 - Assessable Area ot District -- Assessable area is defined as belng the portion of a lot or parcel ot land that is benefited hereunder. The assessable area 2 -..--- .-. - ~ -,.~ - ., < t, "'-"';" ~ . . may be less than but may not exceed the actual area ot the lot or parcel. The City Commission has estImated that the total assessable area wIthIn the dIstrIct, based upon zonIng desIgnations, is as tollows: Zone Square Footage ResIdentIal 91,7JH,ror.10 Public Lands and InstitutIons 1:l,336,000 commercIal/Industrial 3H,H60,001.1 TOrl'AL 14:l,934,000 SectIon 7 Rate of Assessment -- The rate of assessment against each lot or parcel ot land IS estImated to be $.0005 per square toot ot assessable area. SectIon 8 EstImate ot Cost -- The estImated annual cost to be incurred by the Tree Maintenance District No. 1 IS Seventy-one Thousand Dollars ($71,0~H:I.00) . SectIon 9 - Public Hearing That the Clerk. ot the Commission IS hereby dIrected to give notice in the manner required by law that the City Commission of the CIty of Bozeman, Montana, at its regular session to be held In the CommissIon Chambers in the basement ot the Bozeman Municipal BUIlding, 411 East MaIn Street, Bozeman, Montana, on the 9th day of July , 1990, at the hour ot 7:00 o'clock. P.M., will hear and pass upon all pUblic comment on the creatIon of the proposed Tree Maintenance District No. lo PASSED AND ADOPTED b y the City Commission ot the CIty of Bozeman, Montana, at a regular and stated session thereof held on the 4th day ot June idu ROBERT L. HAWKS Mayor / / / 3 __m _.__ ..___________.___ . . '... . ' . , t c ' . . . AT'l'J:<;ST: ~ · RiI' ( ..J/MJ) . /t>--t>-d~/ PHYLLIS R. WOODS Actlng Clerk ot the Commisslon APPROVED AS TO FORM: If~~_ BRUCE E. BECKER Clty Attorney . , I . r \ . .. ",-. 4 .---....- .. ---- --. ,....-. -. - .' , ,', ,,,,. J . -' ....-=- 'm'~ ~' , '. . NOTICE IN RE COMMISSION RESOLUTION NO. 2796 OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, MONTANA, TO CREATE A TREE MA I NTENANCE DISTRICT. NOTI CE IS HEREBY GIVEN that on the 4th day of June 1990, at a regu- lar meeting of the City Commission of the City of Bozeman, Montana, said Com- mission duly and regularly passed and adopted Commission Resolution No. 2795, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A CITY-WIDE TREE MAINTENANCE DISTRICT FOR THE PURPOSE OF PLANTING AND MAINTAINING TREES IN ALL PUBLIC PLACES, RIGHTS-OF-WAY AND PARKS. A copy of said Commission Resolution No. 2796 is on file in the office of the Clerk of the City Commission at 411 East Main Street, Bozeman, Montana, which sets forth the description of the boundaries. NOTI CE IS HEREBY FURTHER GIVEN that Monday, the 9th day of July 1990, at 7:00 p.m. at the Commission Room of the City Hall, 411 East Main Street, Bozeman, Montana, is designated as the time and place for hearing and passing on all protests made to the action proposed to establish a city-wide tree maintenance district within the corporate limits of the City of Bozeman, Montana. Protest against proposed work and/or creation of said District by any , owner of property liable to be assessed for said work must be made in writing, . .. identifying the property owned within the District, be signed by al J owners of I . said property and filed with the Clerk of the City Commission of the City of Bozeman not later than 5:00 p.m. on the last day of the fifteen (15) day period after the date of first publication of this notice. . A description of the boundaries of the property proposed to be con- structed and installed upon by said Commission Resolution No. 2796 is as fol- ., ,r lows. , Description The boundaries of said tree maintenance district are described as fol- lows: All land located within the city limits of the City of Bozeman, Montana, as described by the official Zone Map adopted by the City of Bozeman on January 14, 1988, and including those parcels I annexed into the city limits of Bozeman, being commonly referred I to as the Weaver Annexation, the Pacific Hide and Fur Annexa- ~ tion, the Fish, Wildlife & Parks Annexation and the Aaker ". ; '- ~ ", ~.... " . '. . - . Annexation and excluding from the district the Story Hills Annexation. Section 1 Character of Improvements The character of improvements to be made is the planting and main- tenance of all trees in all public places, rights-of-way and parks within the corporate limits of the City of Bozeman. Section 2 Estimate of Cost The total estimated annual cost within the district is Seventy-one Thousand and no/100 Dollars ($71,000.00). Section 3 Method of Assessment The cost is to be assessed against the entire district. Each Jot, block, tract or parcel of land within the district will be assessed for that portion of the whole cost which its area bears to the area of the entire district, exclusive of streets, avenues, alleys and publ ic places. The total actual assessable footage within the entire district is 142,934,000 square feet and is the area on which all protests will be received, considered and determined. It is also the square footage on which all assess- ments will be figured. ... . DATED this 4th day of June 1990. . ' . '" . . . Publish: June 19, 20, 21, 22 and 24, 1990 - . . . . . . ~ . . - 2 - . .