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RESOLUTION O8-18722 A RESOLUTION DETERMINING AND FIXING THE METHODS OF ASSESSMENT IN EACH DISTRICT, 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 maintena¡ce dishicts 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 CIry COUNCIL OF THE CITY OF BILLINGS. MONTANA. AS FOLLOWS: l. 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 portion of the whole cost which each lot or parcel ofland in the respective dishict bears to the total area ofthe respective district exclusive ofstreets, avenues, alleys and public places. 2. ASSESSMENTDISTRICTONE(l).Each lot or parcel within portions of the Central Business District, being District One (1 is hereby assessed $0.038892 per square foot of area for fiscal year 2009. 3. ASSESSMENT DISTRICT TWO Each lot or pæcel within the balance of the City, being District Two is hereby assessed $0.006393 per square foot of area for fiscal year 2009. 4. MAXIMUM ANNUAL CHARGE. The maximum annual charge for any tract, parcel or lot whicir is undeveloped and unimproved shall be Nine Hundred Seventy Four Dollars ($974.00). 5. LOTS AND PARCELS ASSESSED. A list which describes each iot or parcel of land assessed within the respective 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 Panniy Billings Library Building, Billings, Montana. 6. EXCLUDED PROPERTIES. All properties, currently within the l2-year assessûrent term, 1988 through 1999, originally assessed for previous sidewalk, curb and gutter improvements, shall be excluded from the curb and gutter repair portion of this additional Street Maintenance District assessment during this l2-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 curent 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. EXEMPTION. Street 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. (NOTE: THE FOLLOWING PARAGRAPH WAS ADDED PER COLINCIL REQUEST.) 9. 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 str€ets and the installation of curbs and gutters would have a cap placed on property owner assessments. The cap on assessments is based on the appraised value of the property (as follows:) if the assessment is less than SVo oÍ the property value, then the homeowner is responsible for the entire assessment; if the assessment is more than 5o/o of the property value but less than 107o, the cify curb and gutter program pays one-half of the âssessment amount in excess of 5%o; and if the assessment is more than l07o of the property value, then the curb and gutter program pays one-half of the amount of the assessment between 5 and 107o and all of the assessment in excess of 107o." ---PAGE BREAK--- t'Home/property owners currently paying assessments will be exempt from paying fees to the annual curb and gutter program, until they have paid their assessment. Upon full payment of their assessmenÇ they will be entered into the city-wide âssessment program. Those owners who elected to pay assessments in full or contract to perform repairs without involvement in the city program, will need to submit proof of payment to the City Finance Office and wilt receive the same exemption.r' 10. NOTICE OF HEARING. On Monday, June 9, 2008, 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 will hear objections to the final adoption of this resolution. The City Clerk is hereby directed to publish notice thereof twice, at least five days prior to the hearing, in the Billings Times. 11. CERTIFICATION. The City Clerk is hereby directed upon final passage and approval of this resolution to certify a copy thereof to the City Administrator of the City of Billings, Montana, who shall certify a copy to the Yellowstone County Clerk and a copy to the Yellowstone County Assessor. C,/t / ol 12. EFFECTIVE DATE. This resolution shall be effective upon final adoption. The foregoing Resolution No. 08-18722 was ADOPTED by the City Council and APPROVED this 9'r'day ofJune.2008 THE CITY OF BILLINGS: ATTEST: Cari Martin, City Clerk