HomeMy WebLinkAboutResolution 3478 Special assessment for Business Improvement District, 2002
COMMISSION RESOLUTION NO. 3478
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL
YEAR 2002 UPON ALL REAL PROPERTY IN THE BUSINESS IMPROVEMENT
DISTRICT, LOCATED IN THE CITY OF BOZEMAN'S DOWNTOWN AREA, TO
DEFRA Y THE ESTIMATED COST AND EXPENSE TO BE INCURRED IN THE
BUSINESS IMPROVEMENT DISTRICT FOR THE FISCAL YEAR.
WHEREAS, the City Commission of the City of Bozeman did, on the 3rd day of April
2000, duly and regularly pass Commission Resolution No. 3357, entitled:
COMMISSION RESOLUTION NO. 3357
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, STATING THE COMMISSION'S INTENT TO CREATE A BUSINESS
IMPROVEMENT DISTRICT IN THE CITY'S DOWNTOWN AREA.
and thereafter, after due and legal proceedings, the Commission of the City of
Bozeman did, on
the 15th day of May 2000, duly pass Commission Resolution No. 3361, entitled:
COMMISSION RESOLUTION NO. 3361
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, CREATING A BUSINESS IMPROVEMENT DISTRICT IN THE CITY'S
DOWNTOWN AREA.
and further, pursuant to the provisions of Section 7~ 12-1121, Montana Code Annotated,
did, on
the 15th day of May 2000, duly pass Ordinance No. 1517, entitled:
ORDINANCE NO.1 51 7
AN EMERGENCY ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, CREATING A BUSINESS IMPROVEMENT DISTRICT IN
THE CITY'S DOWNTOWN AREA.
which Commission Resolution Nos. 3357 and 3361 and Ordinance No. 1517, 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 15th day of October 2001, conduct a public hearing on the
work plan and
budgetsubm~ted; and
WHEREAS, the work plan and budget, accepted by the City Commission subsequent to
the public hearing, 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 Code Annotated.
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 services.
NOW, THEREFORE, pursuant to the provisions of said Ordinance No. 1517 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 business improvement district
in the
City's downtown area for the Fiscal Year 2002, there is hereby levied and assessed
against the
taxable valuation of the several lots, pieces and parcels of land benefitted by
the 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 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. 1517 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.m. on
November 30,2001, and the May assessments shall become delinquent at 5:01 p.m.
on May 31,
2002.
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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 $1.458324 per $1,000 of taxable valuation.
Section 3
That this assessment be levied for the Fiscal Year 2002 (July 1, 2001, through June 30,
2002). and be billed in October 2001 as are all other special assessments.
Section 4
DisDosition 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.
PROVISIONAllY PASSED AND ADOPTED by the Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 24th day of September 2001.
~6~
MARCIA B. YOUNG AN, Mayor
ATTEST:
~oY~
ROBIN L. SULLIVAN
Clerk of the Commission
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FINALLY PASSED AND ADOPTED by the Commission of the City of Bozeman, Montana,
at a regular session thereof held on the
15th day of October 2001.
MARCI~!,.:tJ:;;;-
ATTEST:
~.{~
Clerk of the Commission
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NOTICE
HEARING ON FINAL ADOPTION OF COMMISSION RESOLUTION NO, 3478
LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2002
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,
NOTICE IS HEREBY GIVEN that at a regular session of the Commission of the City
of
Bozeman held on the 24th day of September 2001, Commission Resolution No. 3478
was
provisionally passed and adopted; that said Resolution levies and assesses a special
assessment
on all real property in the business improvement district in the City of Bozeman
for the Fiscal Year
2002.
That said Commission Resolution No. 3478 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; that Monday, the 15th of October 2001, 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, 411 East Main Street, 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. 3478 and the levying of said assessment;
and
that 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 within ten (10) days limit as provided by law.
DA TED this 25th day of September 2001.
~s.fu~
Clerk of the City Commission
Publish: Wednesday, October 3, 2001