HomeMy WebLinkAboutResolution 4186 Special Assessment, Tree Maintenance
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COMMISSION RESOLUTION N0.4186
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR
FISCAL YEAR 2010 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 BOUDNARIES OF SAID DISTRICT TO ENCOMPASS ANNEXED
PROPERTIES.
WHEREAS, the City Commission of the City of Bozeman did on the 16`h day of
July 1990, following notice and public hearing, regularly pass Commission Resolution
No. 2804 entitled:
A RESOLTUION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, CREATING A CITY-WIDE MAINTENANCE
DISTRICT FOR THE PURPOSE OF PLANTING AND MAINTAINING TREES
IN ALL PUBLIC PLACES, RIGHTS-OF-WAYS 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.
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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:
Section 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 2010, 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 for the 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
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assessments; and that the November assessments shall become delinquent at 5:01 p.m. on
November 30, 2009, and the May assessments shall become delinquent at 5:01 p.m. on
May 31, 2010.
Section 2
That the per-square-foot assessment rate in said maintenance district shall be 0.00216,
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 'h 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
That this assessment be levied for the fiscal year of July 1, 2009 through June 30, 2010,
and be billed in October 2009 as are all other special assessments.
Section 4
That the regular session of the Commission of the City of Bozeman, Montana to be held
at City Hall, 121 N Rouse Ave, Bozeman, Montana, on the 17th 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.
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Section 5
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 2010, against the property on which such service was rendered, is on file in
the office of the Clerk of the Commission 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 17th day of August 2009.
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KAAREN JA BSON
Mayor
ATTEST:
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TA U MEN, CMC
City
APPROVED AS TO FORM:
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GR LIVAN
City Attorney