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RESOLUTION NO. 09-I8833 A RESOLUTION DETERMINING AND FIXING THE METHODS OF ASSESSMENT IN EACH DISTRICT, FIXING THE RATE OF ASSESSMENT FOR COSTS OF STREET MAINTENANCE WITHIN THE CITY OF BILLINGS, PROVIDING FOR NOTICE, HEARING AND ADOPTION WHEREAS, the City, by Resolution, has defined the boundaries and established street maintenance districts as provided by State Law, and WHEREAS, it is necessary to determine, levy and assess the properties within the districts. NOW, THEREFORE BE IT RESOLVED BY THE CITY COLTNCIL OF THE CITY OF BILLINGS, MONTANA, AS FOLLOWS: 1. METHOD OF ASSESSMENT. The City hereby determines that each lot or parcel of land within both Street Maintenance Districts One and Two shall be assessed for that pofion of the whole cost which each lot or parcel ofland in the respective district bears to the total area ofthe respective district exclusive ofstreets, avenues, alleys and public places. 2. ASSESSMENTDISTRICTONE Each lot or parcel within portions of the Central Business District, being District One is hereby assessed $0.038892 per square foot ofarea for fiscal year 2010. 3. ASSESSMENT DISîRICT TWO l2l. Each lot or parcel within the balance of the City, being District Two is hereby assessed $0.006393 per square foot ofarea for fiscal year 2010. 4. MAXMUM ANNUAL CHARGE. The maximum aru:rual charge for any tract, parcei or lot which is undeveloped and unimproved shall be Nine Hundred Seventy Four Dollars ($974.00). 5. LOTS AND PARCELS ASSESSED. A list which describes each lot or parcel of land assessed within the respeclive district, with the name of the owner thereof and the amount levied thereon set is available as a printed document in the office of Public Works at the Billings Depot,2224 Montana Avenue, Billings, Montana. 6. EXCLUDED PROPERTIES. All properties, currently within the 72-yeat assessment term, 1988 through l999, originally assessed forprevious sidewalk, curb and gutterimprovements, shall be excluded from the curb and gutter repair portion of this additional Street Maintenance District assessment during this 72-year term. The curb and gutter repair portion of the new additional Street Maintenance Districts assessment is $0.000625 per square foot of area. The exemption will include properties within a cunent assessment term who have previously paid their assessment off. Any party who would have been included in one of these City programs but elected to have their repairs done privately may make special application for an exclusion to the City Engineer's Office. 7. ÐGMPTION. Sheet Maintenance District assessments shall not be paid by the City General Fund, Public Safety Fund, Library Fund or MET Transit Fund 8. COLLECTION OF ASSESSMENTS. Said special assessments shall be placed upon the assessment rolls and collected in the same manner as other taxes. g. CURB AND GUTTER POLICY. The portions of the City Council's Proposed Curb, Gutter and Sidewalk Policy that applies to curb and gutter replacemenlrepair ONLY are incorporated herein: "All curb and gutter repair and replacement is paid by the city curb and gutter program. Improvements to existing streets including the widening of those streets and the installation of curbs and gu.tters would have a cap placed on property owner assessments. The cap on assessments is based on the appraised value of ttre property (as follows:) if the assessment is less than 5%o of the property value, then the homeowner is responsible for the entire assessmen! if the assessment is more than 5o/o of the properly value but less than 70Yo, the cþ curb and gutter program pays one- half of the assessment amount in excess of and if the assessment is more than 10% of the property value, then the curb and gutter program pays one-half of the amount of the assessment between 5 and 10% and all of the assessment in excess of 1 0010." ---PAGE BREAK--- "Home/property owners currently paying assessments wili be exempt from paying fees to the annual curb and gutter program, until they have paid their assessment. Upon full paFnent of therr assessment, they will be entered into the city-wide assessment program. Those owners who elected to pay assessments in fuIl or contract to perform repairs without involvement in the city program, will need'to submit proof of paynnent to the City Finance Office and will receive the sarne exemption." 10. NOTICE OP HEARING. On Monday, June 8, 2009, at 6:30 o'clock p.m., or as soon thereafter as the matter may be considered on the agenda in the Council Chambers of the City Hall, Billings, Montana, the City Council wili hear objections to the final adoption of this resolution. The City Cierk is hereby directed to publish notice thereof twice, at least five days prior to the hearing, in the Billines Times. I 1. EFFECTIVE DATE. This resoiution shail be effective upon final adoption. The foregoing Resolution No. 09-18833 was ADOPTED by the City Council and APPROVED this 8'i' day ofJune, 2009. ATTEST: /1 BY: l)itu- Cari Martin. CITY CLERK CITY OF BILLINGS: