HomeMy WebLinkAboutResolution 4288 Levying and Assessing a Special Assessment for Business Improvement DistrictCOMMISSION RESOLUTION NO. 4288
A RESOLUTION OF THE CITY COMMISSION OF THE sCITY OF BOZEMAN
MONTANA LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR
FISCAL YEAR 2011 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 WORD PLAN AND
BUDGET.
WHEREAS, Commission Resolution No.'s 4256 and 4263 and Ordinance No. 1790
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 16` day of August, 2010 receive the work plan and budget submitted,
and
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 Cade Annotated, 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:
Section 1
That to defray the estimated cost and expense of the business improvement district in the City's
downtown area for the Fiscal Year 2011 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
Page I of 2
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. 1790 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 rn
on November 30, 2010 and the May assessments shall become delinquent at 5:01 pm on May
31, 2011.
Section 2
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
the property in the district. The assessment rate in said business improvement district shall be
$114,000,00 which is 0.042978 per taxable valuation.
Section 3
That this assessment be levied for the Fiscal Year 2011 (July 1, 2010 through June 30, 2011)
and be billed in October 2010 as are all other special assessments.
Section 4
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 provided by law.
PASSED AND APPROVED by the Commission of the City of Bozeman Montana at A
regular session thereof held on the 20"' day of September, 2010.
MC
V '0
JEFF
Ma y,7 1*
Wgo. - r7 - . Eel I IN 0 TI
G e, St LL' IV A N
City ,ty Attorney
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