HomeMy WebLinkAboutResolution 3458 Street maintence assessment, FY 2002
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COMMISSION RESOLUTION NO. 3458
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL
YEAR 2002 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 STREET 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. 2803,
entitled:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, CREATING A CITY-WIDE MAINTENANCE DISTRICT FOR ALL
STREETS, ALLEYS AND PUBLIC PLACES LOCATED WITHIN THE CITY'S
CORPORATE LIMITS, AND REPEALING COMMISSION RESOLUTION NOS.
1650,
CREATING SPRINKLING
DISTRICT NO.
5; 1651, CREA TING
SPRINKLING DISTRICT NO.6; 1652, CREATING SPRINKLING DISTRICT NO.
7; 1653, CREATING SPRINKLING DISTRICT NO.8; AND 1654, CREATING
SPRINKLING DISTRICT NO.9.
which Commission Resolution No. 2803, 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. 2803 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, Section 7-12-4403, Montana Code Annotated, allows the district boundaries
to be changed by resolution; 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 street 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. 2803
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:
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Section 1
That to defray the estimated cost and expense of the maintenance of streets, alleys
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 2002, there is hereby levied and assessed against the assessable area
of the several
lots, pieces and parcels of land benefitted by the maintenance district within
the City of Bozeman
as set forth in Schedule II 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 Commission Resolution No. 2803 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, 2001, and the May assessments shall become
delinquent at 5:01 p.m. on May 31, 2002.
Section 2
That the per-square-foot assessment rate in said maintenance district shall be
$ .00000
:~~:QQa\4:Q, with caps for residential lots at 1112 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 1112 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, 2001, through June
30,
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2002, and be billed in October 2001 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 13th day of August
2001, 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
all streets, alleys and public places located within the City's corporate limits
for the Fiscal Year
2002, 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 objections and the final adoption of
this Resolution.
PROVISIONALL Y PASSED AND ADOPTED by the Commission of the City of Bozeman.
Montana, at a regular session thereof held on the 30th day of July 2001.
MAl!~~aYor
ATTEST:
~~~~
Clerk of the Commission
A 3 "
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FINAll Y PASSED AND ADOPTED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the
20th day of
August 2001.
MARJ::-;2~J~:c;;:
ATTEST:
~st~
Clerk of the Commission
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NOTICE
HEARING ON FINAL ADOPTION OF COMMISSION RESOLUTION NO. 3458
LEVYING
A SPECIAL ASSESSMENT TO
DEFRAY THE COST
OF THE
MAINTENANCE OF STREETS. ALLEYS AND PUBLIC PLACES LOCATED WITHIN
THE CITY LIMITS OF THE CITY OF BOZEMAN FOR THE FISCAL YEAR 2002
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 30th day of July 2001, Commission Resolution No. 3458 was provisionally
passed and adopted; that said Resolution levies and assesses a special assessment
against each
lot and parcel in the city to defray the cost of maintaining streets, alleys and
public places 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 2002.
Said resolution contains a list describing each lot and parcel and the amount levied
thereon.
That said Commission Resolution No. 3458 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 the date of first publication; that Monday, the 13th of August
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, 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. 3458 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 as provided by law.
Under Commission Resolution No. 3458, a 4.0-percent increase in the assessment
rate
for the street maintenance district is proposed, with the new assessment rate being
$.00840 per
square foot. For a 7,500-square-foot residential lot, last year's assessment of
$60.60 will increase
$2.40 to $63.00 for this year.
DATED this 31st day of July 2001.
~J~
ROBIN L. SULLIVAN
Clerk of the City Commission
Publish: Wednesday, August 1, 2001
Wednesday, August 8, 2001