HomeMy WebLinkAboutResolution No. 4267, Tree Maintenance Annual Assessment.pdf
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Deanna Shannon, Special Assessment/SID Accounting Tech
Laurae Clark, City Treasurer
Chris Kukulski, City Manager
SUBJECT: Resolution 4267 / Establishing a 4% increase in Tree Maintenance District
Assessments for FY2011
MEETING DATE: August 9, 2010
AGENDA ITEM TYPE: Action
BACKGROUND: On June 21, 2010 the Commission reviewed the Tree Maintenance District
Recommended Budget for personnel, operations and capital expenditures. As a result of that review,
the attached resolution was drafted for approval.
RECOMMENDATION: Adopt Commission Resolution No. 4267, Establishing a 4% Increase in
Tree Maintenance District Assessments for FY2011, making the assessment rate $0.00225.
FISCAL EFFECTS: The Tree Maintenance District Assessment rate will increase 4% over last
year’s rate, resulting in the following:
Tree Maintenance District FY2010
Total Tree Maintenance Asssessments Collected, est.$211,382.43
Total Increased Dollars (4%) to Tree Maintenance District Fund, est.$8,455.30
Annual Assessment, Average Residential Lot (7,500 sq ft)$16.88
Annual Increase (4%), Average Residential Lot (7,500 sq ft)$0.68
ALTERNATIVES: As suggested by the City Commission.
Attachment: Resolution No.4267
Report compiled on: July 23, 2010
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COMMISSION RESOLUTION NO. 4267
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR
FISCAL YEAR 2011 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 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.
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:
Resolution No. 4267, Tree Maintenance Assessments, FY11
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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 2011, 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, 2010, and
the May assessments shall become delinquent at 5:01 p.m. on May 31, 2011.
Section 2
That the per-square-foot assessment rate in said maintenance district shall be 0.00225,
with caps for residential lots at 1 ½ 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 ½ 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, 2010 through June 30, 2011,
and be billed in October 2010 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 9th 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.
Resolution No. 4267, Tree Maintenance Assessments, FY11
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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 2011, 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 APPROVED by the City Commission of the City of Bozeman, Montana at a regular session thereof held on the 9th day of August 2010.
________________________________________ Jeffrey K. Krauss, Mayor
ATTEST:
____________________________________
Stacy Ulmen, City Clerk, CMC
APPROVED AS TO FORM:
____________________________________
Greg Sullivan, City Attorney