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HomeMy WebLinkAbout10 06 08_Resolution No_ 4131, Annual Assessment for Business Improvement District for Fiscal year 2009 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Deanna Shannon, Special Assessment/SID Accounting Clerk Chris Kukulski, City Manager SUBJECT: Resolution 4131 / Annual Assessment for BID for Fiscal Year 2009 MEETING DATE: October 6, 2008 RECOMMENDATION: Adopt Commission Resolution No. 4131/Annual assessment for the BID for the FY2009. BACKGROUND: The attached resolution, Resolution 4131, On July 21, 2008 the Commission was presented with the BID work plan and budget. As a result of that review, the attached resolution was drafted for approval. FISCAL EFFECTS: As a result of adopting this resolution, the City will bill and collect $114,000 in Business Improvement District assessments for the fiscal year. This money will be remitted to the BID for spending according to their attached work plan. ALTERNATIVES: As suggested by the City Commission. Respectfully submitted, _____________________________ ______________________________ Deanna Shannon Chris A. Kukulski, City Manager Special Assessment/SID Accounting Clerk Report compiled on: September 26, 2008 Attached Documents: Resolution #4131 106 - 1 - COMMISSION RESOLUTION NO. 4131 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 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 AS OUTLINED IN THE DISTRICT’S WORK PLAN AND BUDGET. WHEREAS, Commission Resolution No.’s 3357, 3361, and 3878 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 21st WHEREAS, the work plan and budget 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, and day of July, 2008 receive the work plan and budget submitted, and 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 year. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, as follows: 107 - 2 - That to defray the estimated cost and expense of the business improvement district in the City’s downtown area for the Fiscal Year 2009 there is hereby levied and assessed against the taxable valuation of the several lots pieces and parcels of land benefited by the 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 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, 2008 and the May assessments shall become delinquent at 5:01 pm on May 31, 2009. Section 1 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 the total taxable valuation of Section 2 108 - 3 - the property in the district. The assessment rate in said business improvement district shall be $114,000.00 which is 0.048778 per taxable valuation. That this assessment be levied for the Fiscal Year 2009 (July Section 3 1, 2008 through June 30, 2009) and be billed in October 2008 as are all other special assessments. Disposition 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 Section 4 provided by law. PASSED AND ADOPTED by the Commission of the City of Bozeman Montana at a regular session thereof held on the 6th day of October, 2008 ___________________________________ KAAREN JACOBSON Mayor ATTEST: _____________________________________ STACY ULMEN City Clerk APPROVED AS TO FORM: ___________________________________ TIM COOPER Assistant City Attorney 109 111 112 113 114 115 116 117 118 119 120