HomeMy WebLinkAboutResolution 3610 Assess tree maintenance district, FY 2004
COMMISSION RESOLUTION NO. 3610
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL
YEAR 2004 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,
MONTANA, 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 2004, 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 "An, attached hereto and by this reference made a part hereof, which
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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, 2003 and the May assessments
shall become delinquent at 5:01 p.m. on May 31, 2004.
Section
2
That the per-square-foot assessment rate in said maintenance district shall be $.00104-
$.00192, with caps for residential lots at 1 ~ times the minimum lot size for said residential district; and
for non-conforming residences located on lots in commercial and industrial zoning districts, without any
commercial or industrial use attached, at 1~ 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.
Section
3
That this assessment be levied for the fiscal year of July 1, 2003, through June 30, 2004, and
be billed in October 2003 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 11 th day of August 2003, 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
special assessment to defray the cost and expense of maintenance of trees in all right-of-ways, parks
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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 2004,
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 28th day of July 2003.
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Sl'EVEN R. KIRC F, Mayor
ATTEST:
r2J:J~
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 18th day of August 2003.
STE~~IR~~
ATTEST:
r&:L~~
Clerk of the Commission
APPROVE[~}~ TO FOI;{M:
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1~(,( I~'~/-f
P ~ J. L E \
City Attorney /
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NOTICE
HEARING ON FINAL ADOPTION OF COMMISSION RESOLUTION NO. 3610
LEVYING A SPECIAL ASSESSMENT TO DEFRAY THE COST OF THE PLANTING
AND MAINTAINING TREES IN ALL PUBLIC PLACES, RIGHTS-OF-WAY AND
PARKS LOCATED WITHIN THE CITY LIMITS OF THE CITY OF BOZEMAN
FOR
THE FISCAL YEAR 2004 AGAINST PROPERTY IN THE CITY OF BOZEMAN
AND
TO EXTEND THE BOUNDARIES OF SAID DISTRICT TO ENCOMPASS ANNEXED
PROPERTIES.
NOTICE IS HEREBY GIVEN, that at a regular session of the Commission
of the City of Bozeman
held on the 28th day of July 2003, Commission Resolution No. 3610 was provisionally passed and
adopted. Said Resolution levies and assesses a special assessment against each lot and parcel in the
city to defray the cost of planting and maintaining trees in all public places, rights-of-way and parks within
the maintenance district, which is hereby extended to include the corporate limits of the City of Bozeman
existing as of the date of this resolution, excluding Story Hills, for the Fiscal Year 2004. Said Resolution
contains a list describing each lot and parcel and the amount levied thereon.
Commission Resolution No. 3610 is now on file in the office
of the Clerk of the Commission of
the City of Bozeman, subject to inspection of all persons interested, for a period of ten (10) days from date
of first publication. Monday, the 11 th day of August 2003, at 7:00 p.m. of said day at a regular session of
the Commission of the City of Bozeman, in the Commission Room, in the City Hall Building, has been
designated as the time and place when and where said Commission will hear and pass upon any and all
objections that may be made to the final passage and adoption of said Commission Resolution No. 3610
and the levying of said assessment; and said Resolution will be finally passed and adopted at said regular
session of said Commission, subject to such corrections and amendments that may be made upon
objections made and filed with the Clerk of the Commission as provided by law.
Under Commission Resolution No. 3610, a 4.5-percent increase
in the assessment rate for the
tree maintenance district is proposed, with the new assessment rate being $.00192 per square foot. For
a 7,500-square-foot residential lot, last year's assessment of $13.80 will increase $.60, to $14.40 for this
year.
DATED this 29th day of July 2003.
~s~~
Clerk
of the City Commission
(406)
582-2320
Publish: Wednesday, July 30, 2003
Wednesday,August6,2003
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