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HomeMy WebLinkAboutA&C District Protest Instructions and Form1 Arterial and Collector Streets Special District Information & Instructions OFFICIAL PROTEST PERIOD Montana state law (7-11-1008 Montana Code Annotated) provides a way for property owners in the proposed Arterial and Collector Streets Special District to protest and/or support the creation of the district. The Bozeman City Commission is observing an official protest period for sixty days. The period: Begins June 26, 2015 and ends at midnight MST on August 25, 2015. Protests and/or support letters received before or after the official protest period will be presented to City Commission but will not be counted in the official tally for or against the district. By law, protests must be signed; therefore the City cannot count e-mails or telephone calls in the official protest tally. INSTRUCTIONS TO PROTEST OR SUPPORT THE DISTRICT In order to be counted in the official protest tally, protests against the district must: • be signed by a majority of property owners listed on the property deed; • identify the property being protested; and • be submitted in writing no earlier than June 26, 2015 and no later than midnight MST on August 25, 2015 “Owner” means as of the date a protest is filed, the record owner of fee simple title to the property or a contract buyer on file with the Gallatin County Clerk and Recorder. The term “owner” does not include a tenant of or other holder of a leasehold interest in the property. If you are unsure about who is listed on the deed to your property, you may search for your property records on the Gallatin County website at https://eagleweb.gallatin.mt.gov/recorder/web/login.jsp, or by visiting the Gallatin County Clerk & Recorder’s office at 311 West Main St. Suite 203, Bozeman MT. “Majority” means greater than 50% of the owners listed on the deed (i.e. if two people are listed on the property deed, both must sign; if three people are listed on the deed; two must sign; if the property is owned by an organization, the organization’s legally authorized representative must sign). State law provides procedures for condominium owners to protest or support the district. The City has developed the protest form below for property owners to use to meet the requirements outlined in state law. A protest/support form is enclosed for your convenience; however, you may submit your written protest/support in a different format so long as it complies with the requirements of Section 7-11- 1008, MCA. The form contains separate parts for different types of ownership: Part 1. Property owned by individuals Part 2. Property owned by corporations, trusts, LLC’s and other businesses or entities Part 3. Owners of condominium property Please complete the part(s) that apply to your particular ownership. If you own multiple properties, please use a separate form for each property. If you’d like to add any comments, please attach them to the form. PLEASE MAIL THE COMPLETED FORM TO: City of Bozeman, c/o City Clerk Office P.O. Box 1230 121 N. Rouse Ave. Bozeman, MT 59771-1230 Alternately, property owner(s) may sign the completed form, scan it and e-mail it to agenda@bozeman.net. Additional forms are available at www.bozeman.net on the Arterial & Collector Streets Special District tab. EFFECT OF PROTEST If the City Commission receives protests from the owners of property in the proposed district to be assessed for: • 50% or more of the cost of the district, the City Commission cannot proceed any further with this district for at least 12 months; or • more than 10% but less than 50% of the cost of the district, and if the City Commission decides to proceed with proposing the district, the City Council will order a public vote on creating the district. In determining whether or not sufficient protests have been filed in the proposed special district to prevent further proceedings, property owned by a governmental entity must be considered the same as any other property in the district. By law, a property owner’s lack of action must be construed as support of the creation of the special district. If this form is returned without selecting support or oppose below, it must be construed as a protest against the creation of the district. 2 Arterial and Collector Street Special District Protest/Support Form PART 1 - Property owned by individuals, please complete this section. Property address or legal description: I/We the undersigned owner(s) want to (check one) __ Protest __ Support the creation of city-wide, perpetual Arterial and Collector Street Special District in the City of Bozeman to establish an annual assessment and provide for a method of assessments for the purposes of constructing, improving and maintaining portions of the city’s transportation network classified as arterial and collector streets. Signature: Printed Name: Date: Signature: Printed Name: Date: Signature: Printed Name: Date: Signature: Printed Name: Date: PART 2 - Property owned by corporations, LLC, trusts or other organizations please complete this section. Entity/Owner Name: Property address or legal description: I/We the undersigned legally authorized representative(s) of the organization that owns the above listed property want to (check one) __ Protest __ Support the creation of city-wide, perpetual Arterial and Collector Street Special District in the City of Bozeman to establish an annual assessment and provide for a method of assessments for the purposes of constructing, improving and maintaining portions of the city’s transportation network classified as arterial and collector streets. Signature: Printed Name: Title: Date: Signature: Printed Name: Title: Date: FOR CITY CLERK’S OFFICE USE ONLY Received by City Clerk on _____/______/2015 at _____:____ AM/PM. 3 A special note for condominium owners: An owner of property created as a condominium may protest the creation of the district only through the president, vice president, secretary, or treasurer of the condominium owners' association who timel y presents to the City Clerk the following information: (a) a writing identifying the condominium property (b) the condominium declaration or other condominium document that shows how votes of unit owners in the condominium are calculated; (attach the declaration to this form) (c) original signatures of owners of units in the condominium having an undivided ownership interest in the common elements of the condominium sufficient to constitute an affirmative vote for an undertaking relating to the common elements under the condominium declaration; and (d) a certificate signed by the president, vice president, secretary, or treasurer of the condominium owners' association certifying that the votes of the unit owners, as evidenced by the signatures of the owners, are sufficient to constitute an affirmative vote of the condominium owners' association to protest against the creation of the district and its improvements. PART 3 - Property owned as part of a condominium, please complete this section. Name of condominium: Street address or legal description of condominium: We the undersigned owners have an undivided ownership interest in the common elements of the above named condominium present the following original signatures to the Bozeman City Commission indicating our support or protest of the creation of city-wide, perpetual Arterial and Collector Street Special District in the City of Bozeman to establish an annual assessment and provide for a method of assessments for the purposes of constructing, improving and maintaining portions of the city’s transportation network classified as arterial and collector streets. Condo owner signature: Printed Name: Property address: (Check one) __ Protest __ Support Date: Condo owner signature: Printed Name: Property address: (Check one) __ Protest __ Support Date: Condo owner signature: Printed Name: Property address: (Check one) __ Protest __ Support Date: Condo owner signature: Printed Name: Property address: (Check one) __ Protest __ Support Date: Condo owner signature: Printed Name: Property address: (Check one) __ Protest __ Support Date: Condo owner signature: Printed Name: Property address: (Check one) __ Protest __ Support Date: Condo owner signature: Printed Name: Property address: (Check one) __ Protest __ Support Date: Certificate of Condominium Officer I certify that the above listed signatures of the owners having an undivided ownership interest in the common elements of the condominium sufficient to constitute an affirmative vote for an undertaking relating to the common elements under our condominium declaration hereby (check one) __ Protest __ Support the creation of Arterial and Collector Streets Special District for our condominium. Signature of condo officer: Title: FOR CITY CLERK’S OFFICE USE ONLY Received by City Clerk on _____/______/2015 at _____:____ AM/PM.