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Home My WebLink AboutResolution 2795 Intent to create street maintenance district _,. _~o_.--~ __. "_0'_' n._... 0 _ 0_ _ , .. / , ~'. .. "1 COMMISSION RESOLUTION NO. 2795 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 MAINTENANCE DISTRICT FOR ALL STREETS, ALLEYS AND PUBLIC PLACES LOCATED WITHIN THE CITY'S CORPORATE LIMITS, ANlJ HESCINDING COMMISSION RESOLUTION NOS. 1050, CREATING SPRINKLING DISTRICT NO. ~; lo!:>l, CREATING SPRINKLING DISTRICT NO. 6; 105:l, CREATING SPRINKLING DISTRICT NO. -/ ; 1053, CREATING SPRINKLING DISTRICT NO. H. AND 10!:>4, , CREATING SPRINKLING lJISTRICT NO. SI . WHEREAS, Title "/ , Chapter l:l, Part 44, Montana Code Annotated (MCA) author1zes and empowers the City ot Bozeman to create ma1ntenance d1str1cts tor the purpose ot ma1nta1n1ng 1ts streets, alleys and other pUblic places; and WHEREAS, the C1ty ot Bozeman has created Spr1nkl1ng Distr1cts No. S, 0, '/ , t:! , and SI, all located pr1mar1ly in the commercial areas ot the C1ty ot Bozeman, tor purposes ot controll1ng dust; and WHEREAS, T1tle '/ , Chapter l:l, Part 44, MCA, the law under Wh1Ch the atorementioned sprinkling districts were created, has been amended by chang1ng sprinkl 1ng d1str1cts into ma1ntenance distr1cts, thereby expanding the type ot work which may be done by c1t1es thereunder; and WHEREAS, ma1ntenance on c1ty streets, alleys and other publ1C places 1S needed throughout the city, not Just 1n the atorement1oned commerc1al sprinkling distr1cts; and WHEREAS, 1t 1S the 1ntent ot the Bozeman City Comm1ssion to create a c1ty-w1de ma1ntenance d1str1ct tor the purpose ot maintaining streets, alleys and other public places; and WHEREAS, 1t is the 1ntent ot the Bozeman C1ty Comm1ss1on to levy an assessment aga1nst property W1thin the d1strict, based upon square tootage, to pay tor such ma1ntenance. NOW, THEREI!"ORE, BE IT RESOLVED by the City Comm1ssion ot Bozeman, Montana as tollows: Section 1 - Declarat10n ot Intent to Create - - a C1ty-W1de Maintenance D1strict - That 1t 1S hereby declared to be the 1ntent ot the C1ty 1 ______._0 . . ... ....-....-.-.-- .------ . -...-.......-.-.. -_._- , . ~., . Commission of Bozeman, Montana, to create a city-wide maintenance district for the purpose of maintaining streets, alleys and other public places. Section 2 - Maintenance District No. 1 -- The proposed city-wide maintenance district shall be designated as Maintenance District No. lo Section 3 - Boundaries The proposed exterior boundaries of the Maintenance District No. 1 shall be the city 1 imi ts of the City of Bozeman as defined by the official Zoning Map of the City of Bozeman dated January 14, 1988, attached hereto and incorporated by reference as though fully set forth herein and additionally including the Pacific Hide & Fur Annexation, the Aaker Annexation, the Fish, Wildlife & Parks Annexation, and the Weaver Annexation and exluding the Story Hills Annexation. Section 4 - Method of Maintenance - The maintenance in the district created hereby may be done by contract or by forces employed by the City or by both, in such manner as the Commission may elect. Section 5 Method of Assessment The assessment for the cost and expense incurred in maintaining streets, alleys and other public places within the maintenance district shall be assessed against each lot or parcel within such district for that part of the cost which its assessable area bears to the assessable area of the entire district, exclusive of streets, avenues, alleys and public places. Section 6 Assessable Area of District -- Assessable area is defined by Section 7-12-4422 (1) MCA as being the portion of a lot or parcel of land that is benefited by 2 the maIntenance distrIct. The assessable area 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 at lots or parcels benetlted hereby withIn the district, based upon zoning desIgnations, is as tollows: Assessed Zone Square Footage Residential 91,738,000 PUblic lands and InstItutions 12,33b,~00 Commerical/industrlal 38,860,000 TOTAL 142,934,~ro0 Section 7 Rate at Assessment -- The rate ot assessment agaInst each lot or parcel of land is estimated to be $.00427 per square toot ot assessable area. Section 8 Estimate ot Cost -- The estImated annual cost ot saId maintenance within the distrIct IS SIX Hundred Ten Thousand Dollars ($bH1,~~0.~~) . 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 ot Bozeman, Montana, at its regular session to be held in the CommIssIon Chamber in the basement ot the Bozeman Municipal Building, 411 East Main Street, Bozeman, Montana, on the 9th day ot July , 1990, at the hour of 7:00 o'clock P.M., will hear and pass upon all publIC comment on the creatIon ot the proposed Maintenance District No. lo PASSED AND ADOPTED by the City Commission at the CIty CommIssion ot the City ot Bozeman, Montana, at a regular and stated seSSIon thereot held on the 4th day ot June , 1990. ROBtlf0 Mayor 3 ,." . ATTEST: --1 ( ff:t;!1~J *. (J~ PffYLL R. WOODS Actlng Clerk ot the Commlssion APPROVED ti, BRUCE E. BECKER Clty Attorney . , .. I . . .. 4 .-....------ -...--..-- o ...___..____.u_.. __.....____ __ _.n ...___ , ,. ,'III . ~ , . NOTICE IN RE COMMISSION RESOLUTION NO. 2795 OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, MONTANA, TO CREATE A STREET MAINTENANCE DISTRICT. NOT I 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 MAINTE- NANCE DISTRICT ALL STREETS, ALLEYS AND PUBLIC PLACES LOCATED WITHIN THE CITY'S CORPORATE LIMITS, AND RE- SCINDING COMMISSION RESOLUTION NOS. 1650, CREATING SPRINKLING DISTRICT NO. 5 . 1 651 , CREATING SPRINKLING , DISTRICT NO. 6 . 1652, CREATING SPRINKLING DISTRICT NO. , 7; 1653, CREATING SPRINKLING DISTRICT NO. 8 . AND 1654, , CREA TING SPRINKLING DISTRICT NO.9. A copy of said Commission Resolution No. 2795 is on file in the office of the Clerk of the City Commission at 411 East Main Street, Bozeman, Montana, which sets forth the descri ption of the boundaries. NOTICE 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 establ ish a city-wide street 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 I iable to be assessed for said work must be made in writing, identifying the property owned within the District, be signed by all owners of 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. 2795 is as fol- lows. Description The boundaries of said street 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 - ------ --- - - -- - ~ . ".Lf . - . annexed into the city limits of Bozeman, being commonly referred 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 maintenance of all streets, alleys and public places within the corporate limits of the City of Bozeman. Section 2 Estimate of Cost The total estimated annual cost within the district is Six Hundred Ten Thousand and no/l00 Dollars ($610,000.00). Section 3 Method of Assessment The cost is to be assessed against the entire district. Each lot, 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 public 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. 1 Pub! ish: June 19,20,21,22 and 24, 1990 . ... .t!r . - 2 -