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HomeMy WebLinkAboutA2. Resolution 4633, Levying and Assessing ACSSD Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Anna Rosenberry, Administrative Services Director SUBJECT: Resolution 4633 / Levying and Assessing Arterial and Collector Street Special District Amounts for FY 2016. Note: If Resolution No. 4640 is not adopted, this item may be removed from the Agenda. MEETING DATE: August 31, 2015 AGENDA ITEM TYPE: Action RECOMMENDATION: (Only if Resolution No. 4640 is Adopted) Adopt Commission Resolution No. 4633/ Levying and Assessing Arterial and Collector Street Special District Amounts for FY 2016, making the assessment rate $0.00287 per assessable square foot of lot area. BACKGROUND: The FY16 Approved Budget includes revenues from this new special assessment district to fund street projects. With the (anticipated) creation of the district tonight, we also need to establish the charge to property owners for the current tax year. This resolution will fix the rate to be paid for the assessment this year; an annual assessment resolution will be advertised and adopted each year. UNRESOLVED ISSUES: None ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: The Arterial & Collector Street District Fund will receive $555,000 in revenue to fund approved budget items for the year. Property owners will be assessed according to their assessable square footage. Total Arterial & Collector Street Assessments Collected, estimated $555,000.00 Annual Assessment, Residential Lot (7,500 sq ft) $21.53 Annual Assessment, Residential Lot (15,000 sq ft) $43.06 Attachments: Resolution No. 4633 Report Compiled on: August 23, 2015 Page 1 of 4 COMMISSION RESOLUTION NO. 4633 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2016 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 ARTERIAL AND COLLECTOR STREET SPECIAL DISTRICT IN THE CITY OF BOZEMAN. WHEREAS, the City Commission of the City of Bozeman did on the 31ST day of August 2015, following notice and public hearing, regularly pass Commission Resolution No. 4640, creating the Arterial and Collector Street Special District; and WHEREAS, to defray the costs of the district’s annual program 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. 4640 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 annual cost and expense of the program improvements of acquiring, constructing, improving and maintaining portions of the transportation network classified as arterial and collector streets by the Transportation Plan, including, Resolution 4633, Arterial & Collector Street Special District Assessment Page 2 of 4 but not limited to, the purchase of rights of way, the installation, improvement, alignment and connection of all necessary facilities for arterial and collector roadways including related stormwater and pedestrian and bicycle facilities, and the installation or improvement of traffic and pedestrian controls at intersections within the special district for Fiscal Year 2016 there is hereby levied and assessed against the assessable area of the several lots, pieces and parcels of land benefited by the special 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 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. 4640 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, 2015, and the May assessments shall become delinquent at 5:01 p.m. on May 31, 2016. Section 2 That the per-square-foot assessment rate in said maintenance district shall be $0.00287 per square foot of actual lot area, with a limit on the maximum square footage assessed for zones as listed below. For non-conforming residences located in business and manufacturing zoning districts without any business or manufacturing use attached, there shall be a maximum of 15,000 square feet assessed. The minimum annual assessment will be $3.50. Resolution 4633, Arterial & Collector Street Special District Assessment Page 3 of 4 Zoning Maximum assessment square footage (Cap) R-1 15,000 sq ft R-2 15,000 sq ft R-3 15,000 sq ft R-4 15,000 sq ft RMH 8,250 sq ft/unit RS 15,000 sq ft RO No Cap on developed parcels. Cap of 15,000 square ft on undeveloped (parcels that have no structures and have not received subdivision review.) PLI (including MSU, Schools, Govt, Hospital, & Public Owned property) 25% of total sq ft REMU No Cap on developed parcels Cap of 15,000 square ft on undeveloped (parcels that have no structures and have not received subdivision review.) All Business Zones No Cap on developed parcels Cap of 15,000 square ft on undeveloped (parcels that have no structures and have not received subdivision review.) All Manufacturing Zones No Cap on developed parcels Cap of 15,000 square ft on undeveloped (parcels that have no structures and have not received subdivision review.) Section 3 That this assessment be levied for the fiscal year of July 1, 2015 through June 30, 2016, and be billed in October 2015 as are all other special assessments. Any condominium and/or subdivision of land recorded on or before September 30, 2015 is subject to assessment for Fiscal Year 2016. Resolution 4633, Arterial & Collector Street Special District Assessment Page 4 of 4 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 31st day of August, 2015 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 is on file in the office of the City Clerk and subject to inspection; 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 31st day of August, 2015. ________________________________________ JEFFREY K. KRAUSS, Mayor ATTEST: ____________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: ________________________________________ GREG SULLIVAN City Attorney