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HomeMy WebLinkAboutResolution 4114 Levying and Assessing for the City-Wide Tree Maintenance DistrictCOMMISSION RESOLUTION N0.4114 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2009 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 AND TO EXTEND THE BOUNDARIES OF SAID DISTRICT TO ENCOMPASS ANNEXED PROPERTIES. WHEREAS, the City Commission of the City of Bozeman did on the 16th day of July 1990, following notice and public hearing, regularly pass Commission Resolution No. 2804 entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING ACITY-WIDE MAINTENANCE 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 in the same manner as are other special assessments and levies of the City of Bozeman; and WHEREAS, the district boundaries are the city corporate limits, to include all annexed property as of the date of this resolution, excluding Story Hills; and WHEREAS, to defray the costs of tree maintenance 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 Commission Resolution 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: QPrtinn 1 That to defray the estimated cost and expense of planting and maintaining trees in all public places, rights-of--way and parks located within the maintenance district, which is hereby extended to include the city's corporate limits existing as of the date of this resolution, excluding Story Hills, for Fiscal Year 2009, there is hereby levied and assessed against the assessable area of the several lots, pieces and parcels of land benefited by the maintenance district within the City of Bozeman as set forth in Schedule 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 assessments 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 Commission Resolution No. 2804 of the City of Bozeman, Montana, and the laws of the State of Montana governing the collection 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; and that the November assessments shall become delinquent at 5:01 p.m. on November 30, 2008, and the May assessments shall become delinquent at 5:01 p.m. on May 31, 2009. Section 2 That the per-square-foot assessment rate in said maintenance district shall be $0.002164, with caps for residential lots at 1 %2 times the minimum lot size for said residential district, as zoned on December 31, 2004; and for non-conforming residences located in commercial and industrial zoning districts without any commercial or industrial use attached, at 1'/Z times the minimum lot size for an R-2 zoned lot; and for Public Lands and Institutions properties at 25 percent of the total square footage of the parcel. The minimum assessment will be $3.50. Section 3 Any condominium and/or subdivision of land that is recorded on or before September 30, 2008 is subject to assessments for FY09. Certinn d That this assessment be levied for the fiscal year of July 1, 2008 through June 30, 2009, and be billed in October 2008 as are all other special assessments. Section 5 That the regular session of the Commission of the City of Bozeman, Montana to be held in the Community Room in the Gallatin County Courthouse, 311 West Main Street, Bozeman, Montana, on the 4th day of August at 6:00 p.m., and the same is hereby designated as the time and place at which objections to the final adoption of the Resolution will be heard by said Commission. Section 6 That the City Clerk of the City of Bozeman did publish in the Bozeman Daily Chronicle a Notice signed by the City Clerk, stating that a Resolution levying and assessing a special assessment to defray the cost and expense of planting and maintaining trees in all public places, rights-of--way and parks located within the City's corporate limits for the Fiscal Year 2009, against the property on which such service was rendered, is on file in the office of the City Clerk subject to inspection for a period of six (6) days; that said notice shall state the time and place at which objections will be heard by the Commission to the final adoption of the Resolution, and, that said Notice shall be published at least five (5) days before the date set by the Commission for hearing objections and final adoption of this Resolution. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana at a regular session thereof held on the 4th day of August 2008. KAAREN JACO ON Mayor ATTEST: .----~ u~ STAC ME City Clerk APPROVED AS TO FORM: ~ G TIM COO A~SiS~A(1~ City Attorney NOTICE HEARING ON FINAL ADOPTION OF COMMISSION RESOLUTION NO. 4114 LEVYING A SPECIAL ASSESSMENT TO DEFRAY THE COST OF MAINTENANCE OF MAINTAINING TREES IN ALL PUBLIC PLACES, RIGHTS-OF-WAY AND PARKS LOCATED WITHIN THE CITY LIMITS OF THE CITY OF BOZEMAN FOR THE FISCAL YEAR 2009 AGAINST PROPERTY IN THE CITY OF BOZEMAN AND TO EXTEND THE BOUNDARIES OF SAID DISTRICT TO ENCOMPASS ANNEXED PROPERTIES. NOTICE IS HEREBY GIVEN That said Commission Resolution No. 4114 is now on file in the office of the City Clerk of the City of Bozeman, subject to inspection of all persons interested, for a period of six (6) days from the date of first publication; that Monday, August 4, 2008, at 6:00 p.m. a regular session of the Commission of the City of Bozeman, in the Community Room of the Gallatin County Courthouse, 311 West Main Street, Bozeman, Montana, has been designated as the time and place when and where the Commission will hear and pass upon any and all objections that may be made to the final passage and adoption of Commission Resolution No. 4114 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 City Clerk as provided by law. Any condominium and/or subdivision of land recorded on or before September 30, 2008 is subject to assessments for Fiscal Year 2009. Under Commission Resolution No. 4114, the assessment- rate for the tree maintenance district is the same as FY 2008, with the assessment rate being $0.002164 per square foot. Fora 7,500-square-foot residential lot, last year's assessment of $16.20 will stay the same for fiscal year 2009. Dated this 9th day of July 2008. Stacy Ulmen City Clerk Legal Ad Publish: Saturday, July 15, 2008 Saturday, July 22, 2008