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HomeMy WebLinkAboutResolution 3709 Tree maintenance assessment, FY 2005 COMMISSION RESOLUTION NO. 3709 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2005 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 due notice and public hearing, regularly pass Commission Resolution No. 2804, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, CREATING A CITY-WIDE TREE MAINTENANCE DISTRICT FOR THE PURPOSE OF PLANTING AND MAINTAINING TREES IN ALL PUBLIC PLACES, RIGHT-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 provided 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: Section 1 That to defray the estimated cost and expense of the maintenance 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 the Fiscal Year 2005, there is hereby levied and assessed against the assessable area of the several lots, pieces and parcels of land benefitted by the tree maintenance district within the City of Bozeman as set forth in Schedule "A", attached hereto and by this reference made a part hereof, which contains a description of each lot and parcel of land with the name of the owner and/or owners, if known, and the sum 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 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 30,2004 and the May assessments shall become delinquent at 5:01 p.m. on May 31,2005. Section 2 That the per-square-foot assessment rate in said maintenance district shall be $.00192, with caps for residential lots at 1 Y:z times the minimum lot size for said residential district, as zoned on December 31, 2003; and for non-conforming residences located on lots in commercial and industrial zoning districts, without any commercial or industrial use attached, at 1 Y: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 shall be $1.50. Section 3 That this assessment be levied for the fiscal year of July 1, 2004, through June 30, 2005, and be billed in October 2004 as are all other special assessments. Section 4 That the regular session of the Commission of the City of Bozeman, Montana, to be held in the Commission Room in the City Hall of said City on the 7th day of September 2004, at 7:00 o'clock 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 5 That the Clerk of the Commission of the City of Bozeman, is hereby ordered and directed to publish in the Bozeman Daily Chronicle, a daily newspaper printed and published in said City of Bozeman a Notice signed by the Clerk of the Commission, stating that a Resolution levying and assessing a - 2 - special assessment to defray the cost and expense of maintenance of trees in all right-of-ways, parks and public places 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 the Fiscal Year 2005, 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 ten (10) days; that said Notice shall state the time and place at which objections will be heard by the Commission to the final adoption of this Resolution, and, that said Notice shall be published at least ten (10) days before the date set by the Commission for hearing of objections and the final adoption of this Resolution. PROVISIONALLY PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 16th day --- --- AN RARO, Mayor ATTEST: ROBIN L. SULLIVAN Clerk of the Commission FINALLY PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 7th day of September 2004. ~O'Ma~r ATTEST: ~J~ R IN L. SULLIVAN Clerk of the Commission APPROVED AS TO FORM: ~~PdZ TIMOTHY A. COO~ER Acting City Attorney - 3 -