HomeMy WebLinkAboutResolution 4329 Special assessment for Fiscal Year 2012, Street Maintenance DistrictCOMMISSION RESOLUTION NO. 4329
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR
FISCAL YEAR 2012 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 16` day of
July 1990, following notice and public hearing, regularly pass Commission Resolution
Flo. 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, CREATING SPRINKLING DISTRICT NO 6; 1652
CREATING SPRINKLING DISTRICT NO 7; 1653, CREATING SPRINKLING
DSITRICT 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
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Resolution No. 4329, Street Maintenance Assessments, FY12
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:
Section I
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 Fiscal Year 2012, 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 for the 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. 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, 2011, and the May assessments shall
become delinquent at 5:01 p.m. on May 31, 2012.
Section 2
That the per-square-foot assessment rate in said maintenance district shall be 0.01395,
with caps for residential lots at 1 1 /2 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 V2 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.
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Resolution No. 4329, Street Maintenance Assessments, FY12
Section 3
That this assessment be levied for the fiscal year of July 1, 2011 through June 30, 2012,
and be billed in October 2011 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 25th day of July 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.
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 maintenance of all streets, alleys,
and public places located within the City's corporate limits for the Fiscal Year 2012,
against the property on which such service was rendered, is on file in the office of the
City Clerk and 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 25"' day of July 201
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. - Y- APPROVED AS TO FORM:
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re Sullivan, City Attorney
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