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HomeMy WebLinkAboutSpecial City Council Packet 09.05.2023 AGENDA CITY OF LAUREL SPECIAL CITY COUNCIL MEETING TUESDAY, SEPTEMBER 05, 2023 6:35 PM COUNCIL CHAMBERS NEXT RES. NO. R23-55 NEXT ORD. NO. O23-03 WELCOME . . . By your presence in the City Council Chambers, you are participating in the process of representative government. To encourage that participation, the City Council has specified times for citizen comments on its agenda -- once following the Consent Agenda, at which time citizens may address the Council concerning any brief community announcement not to exceed one minute in duration for any speaker; and again following Items Removed from the Consent Agenda, at which time citizens may address the Council on any matter of City business that is not on tonight’s agenda. Each speaker will be limited to three minutes, unless the time limit is extended by the Mayor with the consent of the Council. Citizens may also comment on any item removed from the consent agenda prior to council action, with each speaker limited to three minutes, unless the time limit is extended by the Mayor with the consent of the Council. If a citizen would like to comment on an age nda item, we ask that you wait until the agenda item is presented to the Council by the Mayor and the public is asked to comment by the Mayor. Once again, each speaker is limited to three minutes. Any person who has any question concerning any agenda item may call the City Clerk -Treasurer's office to make an inquiry concerning the nature of the item described on the agenda. Your City government welcomes your interest and hopes you will attend the Laurel City Council meetings often . Pledge of Allegiance Roll Call of the Council Approval of Minutes Correspondence Council Disclosure of Ex Parte Communications Public Hearing 1. Public Hearing: Budget and Tax Resolutions for Fiscal Year 23-24. Consent Items NOTICE TO THE PUBLIC The Consent Calendar adopting the printed Recommended Council Action will be enacted with one vote. The Mayor will first ask the Council members if any Council member wishes to remove any item from the Consent Calendar for discussion and consideration. The matters removed from the Consent Calendar will be considered individually at the end of this Agenda under "Items Removed from the Consent Calendar." (See Section 12.) The entire Consent Calendar, with the exception of items removed to be discussed under "Items Removed from the Consent Calendar," is then voted upon by roll call under one motion. Ceremonial Calendar Reports of Boards and Commissions Audience Participation (Three-Minute Limit) Citizens may address the Council regarding any item of City business that is not on tonight’s agenda. Comments regarding tonight’s agenda items will be accepted under Scheduled Matters. The duration for an individual speaking under Audience Participation is limited to three minutes. While all comments are welcome, the Council will not take action on any item not on the agenda. Scheduled Matters 2. Resolution No. R23-55: A resolution approving and adopting the Final Budget for the City of Laurel for the fiscal year 2023-2024. 3. Resolution No. R23-56: A resolution levying taxes for general and specific purposes for the City of Laurel, Montana, for the fiscal year beginning July 1, 2023. 1 4. Resolution No. R23-57: A resolution levying and assessing all of the property embraced within Special Improvement Lighting District No. 2 of the City of Laurel, Montana, for the entire cost of maintenance and electrical current for the fiscal year 2023-2024. 5. Resolution No. R23-58: A resolution levying and assessing all of the property embraced within Special Improvement Lighting District No. 3 of the City of Laurel, Montana, for the entire cost of maintenance and electrical current for the fiscal year 2023-2024. 6. Resolution No. R23-59: A resolution levying and assessing all of the property embraced within Street Sweeping District No. 1 of the City of Laurel, Montana, for the purpose of the sweeping of streets in the downtown or Business District for the fiscal year 2023-2024. 7. Resolution No. R23-60: A resolution levying and assessing the cost of street maintenance and/or improvements for Street Maintenance District No. 1 that constitutes all streets and alleys embraced within the City of Laurel, Montana, for fiscal year 2023-2024. 8. Resolution No. R23-61: A resolution levying and assessing the cost of street improvements for Special Improvement District No. 113 within the City of Laurel, Montana, for fiscal year 2023- 2024. 9. Resolution No. R23-62: A resolution levying and assessing the cost of sidewalk improvements for Special Improvement District No. 115 within the City of Laurel, Montana, for fiscal year 2023-2024. 10. Resolution No. R23-63: A resolution levying and assessing the cost of sidewalk improvements for Special Improvement District No. 116 within the City of Laurel, Montana, for fiscal year 2023-2024. 11. Resolution No. R23-64: A resolution levying and assessing the cost of sidewalk improvements for Special Improvement District No. 117 within the City of Laurel, Montana, for fiscal year 2023-2024. 12. Resolution No. R23-65: A resolution levying and assessing the cost of sidewalk improvements for Special Improvement District No. 118 within the City of Laurel, Montana, for fiscal year 2023-2024. 13. Resolution No. R23-66: A resolution levying and assessing the cost of sidewalk improvements for Special Improvement District No. 119 within the City of Laurel, Montana, for fiscal year 2023-2024. 14. Resolution No. R23-67: A resolution levying and assessing the annual cost of sidewalk improvements for residential properties pursuant to the City’s Residential Sidewalk Replacement Program within the City of Laurel, Montana, for fiscal year 2023-2024. 15. Resolution No. R23-68: A resolution levying and assessing a special tax against certain property in the City of Laurel for delinquent water charges. 16. Resolution No. R23-69: A resolution levying and assessing a special tax against certain property in the City of Laurel for delinquent sewer charges. 17. Resolution No. R23-70: A resolution levying and assessing a special tax against certain property designated as garbage districts in the City of Laurel, Montana, for the removal of garbage and refuse. 18. Resolution No. R21-71: A Resolution Of The City Council Authorizing The Mayor To Approve An Independent Contractor Service Contract With Donahue Roofing And Siding, LLC. Items Removed From the Consent Agenda Community Announcements (One-Minute Limit) This portion of the meeting is to provide an opportunity for citizens to address the Council regarding community announcements. The duration for an individual speaking under Community Announcements is limited to one minute. While all comments are welcome, the Council will not take action on any item not on the agenda. 2 Council Discussion Council members may give the City Council a brief report regarding committees or groups in which they are involved. Mayor Updates Unscheduled Matters Adjournment The City makes reasonable accommodations for any known disability that may interfere with a person’s ability to participate in this meeting. Persons needing accommodation must notify the City Clerk’s Office to make needed arrangements. To make your request known, please call 406-628-7431, Ext. 2, or write to City Clerk, PO Box 10, Laurel, MT 59044, or present your request at City Hall, 115 West First Street, Laurel, Montana. DATES TO REMEMBER 3 File Attachments for Item: 2. Resolution No. R23-55: A resolution approving and adopting the Final Budget for the City of Laurel for the fiscal year 2023-2024. 4 R23-55 Adopt 2023-2024 Final Budget RESOLUTION NO. R23-55 A RESOLUTION APPROVING AND ADOPTING THE FINAL BUDGET FOR THE CITY OF LAUREL FOR THE FISCAL YEAR 2023-2024. WHEREAS, the City Council of the City of Laurel, Montana, has prepared a budget for the fiscal year 2023-2024, and has given notice permitting all taxpayers to appear and be heard for or against any part of said budget, as is provided under Title 7, Chapter 6, Part 40, Montana Code Annotated; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana, as follows: 1) That the final budget of the City of Laurel, Montana, for the fiscal year 2023- 2024 is hereby approved and adopted effective July 1, 2023, as set forth in the final budget document attached hereto and by reference made a part hereof. 2) That a copy of said budget be inserted in the official minutes of the City Council for the Special City Council meeting on September 5, 2023. 3) That the City Clerk shall provide a copy of said budget to the Department of Commerce, Division of Local Government Services for the State of Montana. Introduced at a special meeting of the Laurel City Council on September 5, 2023, by Council Member _____. PASSED and APPROVED by the City Council of the City of Laurel on this 5th day of September 2023. APPROVED by the Mayor this 5th day of September 2023. CITY OF LAUREL ____________________________________ Dave Waggoner, Mayor ATTEST: __________________________________ Kelly Strecker, Clerk/Treasurer 5 R23-55 Adopt 2023-2024 Final Budget Approved as to form: __________________________________ Michele Braukmann, Civil City Attorney 6 File Attachments for Item: 3. Resolution No. R23-56: A resolution levying taxes for general and specific purposes for the City of Laurel, Montana, for the fiscal year beginning July 1, 2023. 7 R23-56 Tax Levy 2023-2024 RESOLUTION NO. R23-56 A RESOLUTION LEVYING TAXES FOR GENERAL AND SPECIFIC PURPOSES FOR THE CITY OF LAUREL, MONTANA, FOR THE FISCAL YEAR BEGINNING JULY 1, 2023. WHEREAS, the City of Laurel provides municipal services to its citizens in areas such as public safety, recreation, and other general governmental services and maintaining same; and WHEREAS, continued provision of municipal services depends upon the collection and payment of taxes levied upon all taxable property within the corporate limits of the City of Laurel; and WHEREAS, the City of Laurel, pursuant to § 7-6-4401 MCA, shall levy and collect taxes for general and special purposes on all property within the City of Laurel subject to taxation under the laws of the State of Montana. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana: Section 1. That there is hereby levied on all taxable property within the corporate limits of the City of Laurel, Montana, for the general and specific purposes for the fiscal year beginning July 1, 2023, a tax of 164.08 mills according to the assessed valuation of the said property for the State and County taxes, to be apportioned among the different funds of the City of Laurel, Montana, as follows: Final General 64.00 Library 31.00 Comprehensive Insurance 9.00 PERS 8.00 Employee Health Insurance 22.13 Fire Disability Insurance 4.00 ______ Separate Levying Authority Airport Authority 2.78 ______ Permissive Levy for Health Ins. (HB409) 23.17 ______ TOTAL 164.08 Section 2. That there is hereby levied on all taxable property within the corporate limits of the City of Laurel, Montana, for the fiscal year beginning July 1, 2023, a tax of 164.08 mills according to the assessed valuation of the said property for the year 2023 as shown by the assessment rolls for the State and County taxes, to be divided for the purposes of: 8 R23-56 Tax Levy 2023-2024 1. Providing services to its citizens in areas such as public safety, recreation, and other general governmental services and maintaining same; 2. Providing retirement benefits for employees; 3. Providing liability and property insurance protection; 4. Providing health insurance benefits for employees; 5. Providing Volunteer Fire Department pension; 6. Maintaining the Laurel Municipal Airport; Section 3. That upon passage and approval of this resolution, the Clerk-Treasurer is hereby directed to certify a copy thereof and send the same to the County Treasurer of Yellowstone County, Montana, who shall extend the within tax levy upon the assessment rolls of the State and County and collect said taxes in the same manner as other taxes are collected. Section 4. That when said revenue is collected, they shall be paid to the Clerk-Treasurer of the City of Laurel, Montana, and placed in their respective funds. Introduced at a regular meeting of the City Council on September 5, 2023, by Council Member ____. PASSED and APPROVED by the City Council of the City of Laurel on this 5th day of September 2023. APPROVED by the Mayor this 5th day of September 2023. CITY OF LAUREL ____________________________ Dave Waggoner, Mayor ATTEST: __________________________________ Kelly Strecker, Clerk/Treasurer Approved as to form: __________________________________ Michele Braukmann, Civil City Attorney 9 File Attachments for Item: 4. Resolution No. R23-57: A resolution levying and assessing all of the property embraced  within Special Improvement Lighting District No. 2 of the City of Laurel, Montana, for the entire cost of maintenance and electrical current for the fiscal year 2023-2024.   10 R23-57 Lighting District No. 2 Assessment 2023-2024 RESOLUTION NO. R23-57 A RESOLUTION LEVYING AND ASSESSING ALL OF THE PROPERTY EMBRACED WITHIN SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 2 OF THE CITY OF LAUREL, MONTANA, FOR THE ENTIRE COST OF MAINTENANCE AND ELECTRICAL CURRENT FOR THE FISCAL YEAR 2023-2024. WHEREAS, the City of Laurel provides street lighting in Special Improvement Lighting District No. 2 for its residents at an affordable cost in order to protect the health, safety and welfare of its citizenry; and WHEREAS, continued street lighting in Special Improvement Lighting District No. 2 depends upon the collection and payment of electrical charges by the users within said district; and WHEREAS, the City of Laurel, pursuant to § 7-12-4323 MCA (1)(a), shall levy as a tax the entire expense of maintenance and electrical current for each year within said district against each lot or parcel of land within said district to be assessed for that part of the whole cost which its area bears to the area of the entire district, exclusive of streets, alleys, and public places; and WHEREAS, pursuant to § 7-12-4338 MCA, said special assessment, together with costs and penalties, shall constitute a lien upon and against the property upon which assessment is made and levied. The lien can only be extinguished by payment of such assessment, with all penalties, costs, and interest, or otherwise as provided by law; and WHEREAS, the entire cost of maintenance and electrical current within the said district for the fiscal year beginning July 1, 2023, has been ascertained to be $39,791.60; and WHEREAS, the assessment for 2023-2024 has been determined to be $.003047 cents per square foot. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana: Section 1. That for the purpose of defraying the entire cost of maintenance and electrical current in said district for the fiscal year 2023-2024, there is hereby levied and assessed upon and against each lot or parcel of land within said district a tax or special assessment as hereinafter respectively indicated as follows: [See attached list.] Section 2. That the said installment payable in the year 2023 shall be placed on the tax roll for the said year and collected in the same manner as other taxes. Section 3. That the said installments shall become delinquent at five o’clock, p.m., on the 30th day of November 2023, and at five o-clock, p.m. on the 31st day of May 2024, when such payments are due and payable. Section 4. That when the assessment becomes delinquent, the property shall be sold the same as other property is sold for taxes. 11 R23-57 Lighting District No. 2 Assessment 2023-2024 Section 5. The revenue collected under this resolution shall be paid into “Special Improvement Lighting District No. 2 Maintenance Fund” for the City of Laurel, Montana. Section 6. That on the 5th day of September 2023, at 6:30 p.m. in the Council Chambers of the said City of Laurel, Montana, the City Council of the said City heard objections to the final passage of this resolution and the City Clerk-Treasurer was thereby directed to publish notice thereof in the form and manner required by law, and the city ordinance. Section 7. The Clerk-Treasurer is hereby directed upon final passage and approval of this resolution to certify a copy of the same to the County Treasurer of Yellowstone County, Montana. Section 8. That this resolution shall be in full force from and after its approval. Introduced at a regular meeting of the City Council on September 5, 2023, by Council Member _____. PASSED and APPROVED by the City Council of the City of Laurel this 5th day of September 2023. APPROVED by the Mayor this 5th day of September 2023. CITY OF LAUREL ____________________________ Dave Waggoner, Mayor ATTEST: __________________________________ Kelly Strecker, Clerk/Treasurer Approved as to form: __________________________________ Michele Braukmann, Civil City Attorney 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 File Attachments for Item: 5. Resolution No. R23-58: A resolution levying and assessing all of the property embraced  within Special Improvement Lighting District No. 3 of the City of Laurel, Montana, for the entire cost of maintenance and electrical current for the fiscal year 2023-2024.   42 R23-58 Lighting District No. 3 Assessment 2023-2024 RESOLUTION NO. R23-58 A RESOLUTION LEVYING AND ASSESSING ALL OF THE PROPERTY EMBRACED WITHIN SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 3 OF THE CITY OF LAUREL, MONTANA, FOR THE ENTIRE COST OF MAINTENANCE AND ELECTRICAL CURRENT FOR THE FISCAL YEAR 2023-2024. WHEREAS, the City of Laurel provides street lighting in Special Improvement Lighting District No. 3 for its residents at an affordable cost in order to protect the health, safety and welfare of its citizenry; and WHEREAS, continued street lighting in Special Improvement Lighting District No. 3 depends upon the collection and payment of electrical charges by the users within said district; and WHEREAS, the City of Laurel, pursuant to § 7-12-4323 (1)(a) MCA, shall levy as a tax the entire expense of maintenance and electrical current for each year within said district against each lot or parcel of land within said district to be assessed for that part of the whole cost which its area bears to the area of the entire district, exclusive of streets, alleys, and public places; and WHEREAS, pursuant to § 7-12-4338 MCA, said special assessment, together with costs and penalties, shall constitute a lien upon and against the property upon which assessment is made and levied. The lien can only be extinguished by payment of such assessment, with all penalties, costs, and interest, or otherwise as provided by law; and WHEREAS, the entire cost of maintenance and electrical current within the said district for the fiscal year beginning July 1, 2023 has been ascertained to be $23,191.35; and WHEREAS, the assessment for 2023-2024 has been determined to be $.013605 per square foot. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana: Section 1. That for the purpose of defraying the entire cost of maintenance and electrical current in said district for the fiscal year 2023-2024, there is hereby levied and assessed upon and against each lot or parcel of land within said district a tax or special assessment as hereinafter respectively indicated as follows: [See attached list.] Section 2. That the said installment payable in the year 2023 shall be placed on the tax roll for the said year and collected in the same manner as other taxes. Section 3. That the said installments shall become delinquent at five o’clock, p.m., on the 30th day of November 2023, and at five o-clock, p.m. on the 31st day of May 2024, when such payments are due and payable. Section 4. That when the assessment becomes delinquent, the property shall be sold the same as other property is sold for taxes. 43 R23-58 Lighting District No. 3 Assessment 2023-2024 Section 5. The revenue collected under this resolution shall be paid into “Special Improvement Lighting District No. 3 Maintenance Fund” for the City of Laurel, Montana. Section 6. That on the 6th day of September 2023, at 6:30 p.m. in the Council Chambers of the said City of Laurel, Montana, the City Council of the said City heard objections to the final passage of this resolution and the City Clerk-Treasurer was thereby directed to publish notice thereof in the form and manner required by law, and the cit y ordinance. Section 7. The Clerk-Treasurer is hereby directed upon final passage and approval of this resolution to certify a copy of the same to the County Treasurer of Yellowstone County, Montana. Section 8. That this resolution shall be in full force from and after its approval. Introduced at a regular meeting of the City Council on September 5, 2023, by Council Member _____. PASSED and APPROVED by the City Council of the City of Laurel on this 5th day of September 2023. APPROVED by the Mayor this 5th day of September 2023. CITY OF LAUREL ____________________________ Dave Waggoner, Mayor ATTEST: __________________________________ Kelly Strecker, Clerk/Treasurer Approved as to form: __________________________________ Michele Braukmann, Civil City Attorney 44 45 46 47 File Attachments for Item: 6. Resolution No. R23-59: A resolution levying and assessing all of the property embraced within Street Sweeping District No. 1 of the City of Laurel, Montana, for the purpose of the sweeping of streets in the downtown or Business District for the fiscal year 2023-2024. 48 R23-59 Street Sweeping District No. 1 2023-2024 RESOLUTION NO. R23-59 A RESOLUTION LEVYING AND ASSESSING ALL OF THE PROPERTY EMBRACED WITHIN STREET SWEEPING DISTRICT NO. 1 OF THE CITY OF LAUREL, MONTANA, FOR THE PURPOSE OF THE SWEEPING OF STREETS IN THE DOWNTOWN OR BUSINESS DISTRICT FOR THE FISCAL YEAR 2023-2024. WHEREAS, the City of Laurel provides street sweeping services within Street Sweeping District No. 1 for its residents at an affordable cost in order to protect the health, safety and welfare of its citizenry; and WHEREAS, continued street sweeping services in Street Sweeping District No. 1 depends upon the collection and payment of sweeping charges by the users within said district; and WHEREAS, the City of Laurel, pursuant to §§ 7-12-4422 and 7-12-4425 MCA, shall assess and levy as a tax the entire expense of street sweeping services for each year within said district against each lot or parcel of land within said district to be assessed for that part of the whole cost which its area bears to the area of the entire district, exclusive of streets, alleys, and public places; and WHEREAS, any street sweeping tax remaining unpaid shall either constitute a lien against the real property wherein the premises or business or commercial establishment exists and be placed on the annual property tax, or be collected by any other allowable means at equity or at law. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Laurel, Montana: Section 1. That the City Council of the City of Laurel, Montana, determined it necessary and in the best interest of the health and welfare of the inhabitants of the said City of Laurel, Montana, that Street Sweeping District No. 1 be set up in the congested downtown or business district for the purpose of sweeping and cleaning dirt, dust, paper and other debris from the streets. Section 2. That all residential property within Street Sweeping District No. 1 be assessed .25 cents per frontage foot and all commercial property in the district be assessed .78 cents per frontage foot, for a total of $18,006.90. Section 3. That to defray the cost of removal of such objectionable matter from the respective premises hereinafter indicated, there is hereby levied and assessed against said property a special tax in the amount hereinafter stated, that the same be collected in the same manner as other taxes and assessments as indicated by law as follows: [See attached list.] Section 4. That the said installment payable in the year 2023 shall be placed on the tax roll for the said year and collected in the same manner as other taxes. Section 5. That the said installments shall become delinquent at five o’clock, p.m., on the 30th day of November 2023 and at five o-clock, p.m. on the 31st day of May 2024, when such payments are due and payable. Section 6. That when the assessments become delinquent, the property is either sold for taxes, or the City may collect the delinquent assessment by any other allowable means at equity or at law. 49 R23-59 Street Sweeping District No. 1 2023-2024 Section 7. The revenue collected under this resolution shall be paid into “Sweeping District No. 1 Fund” of the City of Laurel, Montana. Section 8. That on the 5th day of September 2023 at 6:30 p.m. in the Council Chambers of the said City of Laurel, Montana, the City Council of the said City heard objections to the final passage of this resolution and the City Clerk-Treasurer was thereby directed to publish notice thereof in the form and manner required by law, and the city ordinance. Section 9. The Clerk-Treasurer is hereby directed upon final passage and approval of this resolution to certify a copy of the same to the County Treasurer of Yellowstone County, Montana. Section 10. That this resolution shall be in full force from and after its approval. Introduced at a regular meeting of the City Council on September 5, 2023, by Council Member _____. PASSED and APPROVED by the City Council of the City of Laurel on this 5th day of September 2023. APPROVED by the Mayor this 5th day of September 2023. CITY OF LAUREL ____________________________ Dave Waggoner, Mayor ATTEST: __________________________________ Kelly Strecker, Clerk/Treasurer Approved as to form: __________________________________ Michele Braukmann, Civil City Attorney 50 51 52 53 54 55 File Attachments for Item: 7. Resolution No. R23-60: A resolution levying and assessing the cost of street maintenance and/or improvements for Street Maintenance District No. 1 that constitutes all streets and alleys embraced within the City of Laurel, Montana, for fiscal year 2023-2024. 56 R23-60 Street Maintenance District No. 1 – 2023-2024 RESOLUTION NO. R23-60 A RESOLUTION LEVYING AND ASSESSING THE COST OF STREET MAINTENANCE AND/OR IMPROVEMENTS FOR STREET MAINTENANCE DISTRICT NO. 1 THAT CONSTITUTES ALL STREETS AND ALLEYS EMBRACED WITHIN THE CITY OF LAUREL, MONTANA, FOR FISCAL YEAR 2023-2024. WHEREAS, the Laurel City Council provides street maintenance and/or improvements under the authority of LMC § 12.04.060 and in accordance with MCA Sections 7-12-4401 through 7-12-4436; and WHEREAS, the Laurel City Council previously established that Street Maintenance District No. 1 constitutes all streets and alleys embraced within the entire City of Laurel; and WHEREAS, the Laurel City Council hereby finds, fixes and determines that each and every lot or parcel within Street Maintenance District No. 1 has benefited or will benefit by the provided street maintenance and/or improvements; and WHEREAS, LMC § 12.04.070 requires the City’s Public Works Director to estimate the annual cost for street maintenance and/or improvements by the second Monday in August of each and every year, that must be subsequently adopted by the City Council; and, WHEREAS, the City’s Public Works Director currently estimates the cost of maintenance and/or improvements for Street Maintenance District No. 1 for the fiscal year beginning July 1, 2023 to be $922,034.50; and WHEREAS, the assessment for 2023-2024 has been determined to be $.0324 cents per square foot, with a maximum of $1600.00 per tax code. NOW, THEREFORE, BE IT RESOLVED BY THE City Council of the City of Laurel, Montana: 1. That the City Council of the City of Laurel, Montana, determined it necessary and in the best interest of the health and welfare of the inhabitants of the said City of Laurel, Montana that for the tax year 2024, the sum of $922,034.50 which is $219.53 per 4,200 square foot lot, be assessed against each and every property owner of record on the last completed assessment roll of the property of the City of Laurel, Montana, with a cap of $1600.00 per tax code; and that the same be collected in the same manner as other taxes and assessments provided by law. 2. That the City Clerk shall prepare and attach a list of assessed property as well as the respective assessments and shall maintain such list in her Office. 3. That the installment payable in the year 2023 shall be placed on the tax roll for the 2023 tax year and collected in the same manner as other taxes. 4. That the installments shall become delinquent at five o-clock, p.m., on the 30th day of 57 R23-60 Street Maintenance District No. 1 – 2023-2024 November 2023 and at five o-clock, p.m. on the 31st day of May 2024, when such payments are due and payable. 5. That if an assessment becomes delinquent, the property shall be sold in the same process and procedure other property is sold for delinquent unpaid taxes. The monies collected under this resolution shall be paid into the Street Maintenance and/or Improvement Fund for the City of Laurel, Montana. 6. That on the 5th day of September 2023, at 6:30 o-clock, p.m., in the Council Chambers of the City of Laurel, Montana, the City Council heard objections to the final passage of this resolution. 7. The Clerk-Treasurer is hereby directed upon final passage and approval of this resolution, to publish notice as required by § MCA, Section 7-12-4426 and provide a certified copy of the same to the County Treasurer of Yellowstone County, Montana. 8. That this resolution shall be in full force immediately upon its final approval. Introduced at a regular meeting of the City Council on September 5, 2022, by Council Member _____. PASSED and APPROVED by the City Council of the City of Laurel on this 5th day of September 2023. APPROVED by the Mayor this 5th day of September 2023. CITY OF LAUREL ______________________________ Dave Waggoner, Mayor ATTEST: ____________________________________ Kelly Strecker, Clerk/Treasurer Approved as to form: __________________________________ Michele Braukmann, Civil City Attorney 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 File Attachments for Item: 8. Resolution No. R23-61: A resolution levying and assessing the cost of street improvements for Special Improvement District No. 113 within the City of Laurel, Montana, for fiscal year 2023- 2024.   120 R23-61 SID 113 Assessment 2023-2024 RESOLUTION NO. R23-61 A RESOLUTION LEVYING AND ASSESSING THE COST OF STREET IMPROVEMENTS FOR SPECIAL IMPROVEMENT DISTRICT NO. 113 WITHIN THE CITY OF LAUREL, MONTANA, FOR FISCAL YEAR 2023-2024. WHEREAS, the Laurel City Council, pursuant to Chapter 12.36 of the Laurel Municipal Code and § 7-12-4102 MCA, previously established Special Improvement District No. 113 for the purposes listed in the City Council’s previously adopted Resolution of Intention, Resolution No. R11-61 and Resolution of Creation, Resolution No. R11-72; and WHEREAS, the Laurel City Council must levy and assess a payment schedule for the purposes of paying for the improvements constructed in Special Improvement District No. 113. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana: Section 1. That for the purpose of paying for the improvements constructed in Special Improvement District No. 113 of the City of Laurel, Montana, the City hereby levies and assesses $21,292.35 on the attached described property in the City of Laurel, Montana, owned by the persons respectfully indicated in installments as shown, payable in the year indicated (Exhibit A). Section 2. That the said installment payable in the year 2023 shall be placed on the tax roll for the said year and collected in the same manner as other taxes. Section 3. That the said installment shall become delinquent at five o’clock, p.m., on the 30th day of November 2023 and at five o-clock, p.m., on the 31st day of May 2024, when such payments are due and payable. Section 4. That when the assessments become delinquent, the property is sold for taxes. Section 5. The revenue collected under this resolution shall be paid into the SID No. 113 Bond Sinking Fund of the City of Laurel, Montana. Section 6. The Clerk-Treasurer is hereby directed upon final passage and approval of this resolution to certify a copy of the same to the County Treasurer of Yellowstone County, Montana. Introduced at a regular meeting of the City Council on September 5, 2023, by Council Member ____. PASSED and APPROVED by the City Council of the City of Laurel on this 5th day of September 2023. APPROVED by the Mayor this 5th day of September 2023. 121 R23-61 SID 113 Assessment 2023-2024 CITY OF LAUREL ____________________________ Dave Waggoner, Mayor ATTEST: __________________________________ Kelly Strecker, Clerk/Treasurer Approved as to form: __________________________________ Michele Braukmann, Civil City Attorney 122 123 File Attachments for Item: 9. Resolution No. R23-62: A resolution levying and assessing the cost of sidewalk improvements for Special Improvement District No. 115 within the City of Laurel, Montana, for fiscal year 2023-2024.   124 R23-62 SID 115 Assessment 2023-2024 RESOLUTION NO. R23-62 A RESOLUTION LEVYING AND ASSESSING THE COST OF SIDEWALK IMPROVEMENTS FOR SPECIAL IMPROVEMENT DISTRICT NO. 115 WITHIN THE CITY OF LAUREL, MONTANA, FOR FISCAL YEAR 2023-2024. WHEREAS, the Laurel City Council, pursuant to Chapter 12.36 of the Laurel Municipal Code and § 7-12-4102 MCA, previously established Special Improvement District No. 115 for the purposes listed in the City Council’s previously adopted Resolution of Intention, Resolution No. R13-27 and Resolution of Creation, Resolution No. R13-39; and WHEREAS, the Laurel City Council must levy and assess a payment schedule for the purposes of paying for the improvements constructed in Special Improvement District No. 115. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana: Section 1. That for the purpose of paying for the improvements constructed in Special Improvement District No. 115 of the City of Laurel, Montana, the City hereby levies and assesses $5,785.41 on the attached described property in the City of Laurel, Montana, owned by the persons respectfully indicated in installments as shown, payable in the year indicated (Exhibit A). Section 2. That the said installment payable in the year 2023 shall be placed on the tax roll for the said year and collected in the same manner as other taxes. Section 3. That the said installment shall become delinquent at five o’clock, p.m., on the 30th day of November 2023 and at five o-clock, p.m., on the 31st day of May 2024, when such payments are due and payable. Section 4. That when the assessments become delinquent, the property is sold for taxes. Section 5. The revenue collected under this resolution shall be paid into the SID No. 115 Bond Sinking Fund of the City of Laurel, Montana. Section 6. The Clerk-Treasurer is hereby directed upon final passage and approval of this resolution to certify a copy of the same to the County Treasurer of Yellowstone County, Montana. Introduced at a regular meeting of the City Council on September 5, 2023, by Council Member _____. PASSED and APPROVED by the City Council of the City of Laurel on this 5th day of September 2023. APPROVED by the Mayor this 5th day of September 2023. 125 R23-62 SID 115 Assessment 2023-2024 CITY OF LAUREL ____________________________ Dave Waggoner, Mayor ATTEST: __________________________________ Kelly Strecker, Clerk/Treasurer Approved as to form: __________________________________ Michele Braukmann, Civil City Attorney 126 127 File Attachments for Item: 10. Resolution No. R23-63: A resolution levying and assessing the cost of sidewalk  improvements for Special Improvement District No. 116 within the City of Laurel, Montana, for fiscal year 2023-2024.   128 R23-63 SID 116 Assessment 2023-2024 RESOLUTION NO. R23-63 A RESOLUTION LEVYING AND ASSESSING THE COST OF SIDEWALK IMPROVEMENTS FOR SPECIAL IMPROVEMENT DISTRICT NO. 116 WITHIN THE CITY OF LAUREL, MONTANA, FOR FISCAL YEAR 2023-2024. WHEREAS, the Laurel City Council, pursuant to Chapter 12.36 of the Laurel Municipal Code and § 7-12-4102 MCA, previously established Special Improvement District No. 116 for the purposes listed in the City Council’s previously adopted Resolution of Intention, Resolution No. R13-28 and Resolution of Creation, Resolution No. R13-40; and WHEREAS, the Laurel City Council must levy and assess a payment schedule for the purposes of paying for the improvements constructed in Special Improvement District No. 116. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana: Section 1. That for the purpose of paying for the improvements constructed in Special Improvement District No. 116 of the City of Laurel, Montana, the City hereby levies and assesses $5,578.78 on the attached described property in the City of Laurel, Montana, owned by the persons respectfully indicated in installments as shown, payable in the year indicated (Exhibit A). Section 2. That the said installment payable in the year 2023 shall be placed on the tax roll for the said year and collected in the same manner as other taxes. Section 3. That the said installment shall become delinquent at five o’clock, p.m., on the 30th day of November 2023 and at five o-clock, p.m., on the 31st day of May 2024 when such payments are due and payable. Section 4. That when the assessments become delinquent, the property is sold for taxes. Section 5. The revenue collected under this resolution shall be paid into the SID No. 116 Bond Sinking Fund of the City of Laurel, Montana. Section 6. The Clerk-Treasurer is hereby directed upon final passage and approval of this resolution to certify a copy of the same to the County Treasurer of Yellowstone County, Montana. Introduced at a regular meeting of the City Council on September 5, 2023, by Council Member _____. PASSED and APPROVED by the City Council of the City of Laurel on this 5th day of September 2023. APPROVED by the Mayor this 5th day of September 2023. 129 R23-63 SID 116 Assessment 2023-2024 CITY OF LAUREL ____________________________ Dave Waggoner, Mayor ATTEST: __________________________________ Kelly Strecker, Clerk/Treasurer Approved as to form: __________________________________ Michele Braukmann, Civil City Attorney 130 131 File Attachments for Item: 11. Resolution No. R23-64: A resolution levying and assessing the cost of sidewalk  improvements for Special Improvement District No. 117 within the City of Laurel, Montana, for fiscal year 2023-2024.  132 R23-64 SID 117 Assessment 2023-2024 RESOLUTION NO. R23-64 A RESOLUTION LEVYING AND ASSESSING THE COST OF SIDEWALK IMPROVEMENTS FOR SPECIAL IMPROVEMENT DISTRICT NO. 117 WITHIN THE CITY OF LAUREL, MONTANA, FOR FISCAL YEAR 2023-2024. WHEREAS, the Laurel City Council, pursuant to Chapter 12.36 of the Laurel Municipal Code and § 7-12-4102 MCA, previously established Special Improvement District No. 117 for the purposes listed in the City Council’s previously adopted Resolution of Intention, Resolution No. R15-25 and Resolution of Creation, Resolution No. R15-35; and WHEREAS, the Laurel City Council must levy and assess a payment schedule for the purposes of paying for the improvements constructed in Special Improvement District No. 117. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana: Section 1. That for the purpose of paying for the improvements constructed in Special Improvement District No. 117 of the City of Laurel, Montana, the City hereby levies and assesses $10,895.50 on the attached described property in the City of Laurel, Montana, owned by the persons respectfully indicated in installments as shown, payable in the year indicated (Exhibit A). Section 2. That the said installment payable in the year 2023 shall be placed on the tax roll for the said year and collected in the same manner as other taxes. Section 3. That the said installment shall become delinquent at five o’clock, p.m., on the 30th day of November 2023 and at five o-clock, p.m., on the 31st day of May 2024, when such payments are due and payable. Section 4. That when the assessments become delinquent, the property is sold for taxes. Section 5. The revenue collected under this resolution shall be paid into the SID No. 117 Bond Sinking Fund of the City of Laurel, Montana. Section 6. The Clerk-Treasurer is hereby directed upon final passage and approval of this resolution to certify a copy of the same to the County Treasurer of Yellowstone County, Montana. Introduced at a regular meeting of the City Council on September 5, 2023, by Council Member _____. PASSED and APPROVED by the City Council of the City of Laurel on this 5th day of September 2023. APPROVED by the Mayor this 5th day of September 2023. 133 R23-64 SID 117 Assessment 2023-2024 CITY OF LAUREL ____________________________ Dave Waggoner, Mayor ATTEST: __________________________________ Kelly Strecker, Clerk/Treasurer Approved as to form: __________________________________ Michele Braukmann, Civil City Attorney 134 135 File Attachments for Item: 12. Resolution No. R23-65: A resolution levying and assessing the cost of sidewalk  improvements for Special Improvement District No. 118 within the City of Laurel, Montana, for fiscal year 2023-2024.   136 R23-65 SID 118 Assessment 2023-2024 RESOLUTION NO. R23-65 A RESOLUTION LEVYING AND ASSESSING THE COST OF SIDEWALK IMPROVEMENTS FOR SPECIAL IMPROVEMENT DISTRICT NO. 118 WITHIN THE CITY OF LAUREL, MONTANA, FOR FISCAL YEAR 2023-2024. WHEREAS, the Laurel City Council, pursuant to Chapter 12.36 of the Laurel Municipal Code and § 7-12-4102 MCA, previously established Special Improvement District No. 118 for the purposes listed in the City Council’s previously adopted Resolution of Intention, Resolution No. R17-26 and Resolution of Creation, Resolution No. R17-36; and WHEREAS, the Laurel City Council must levy and assess a payment schedule for the purposes of paying for the improvements constructed in Special Improvement District No. 118. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana: Section 1. That for the purpose of paying for the improvements constructed in Special Improvement District No. 118 of the City of Laurel, Montana, the City hereby levies and assesses $13,132.77 on the attached described property in the City of Laurel, Montana, owned by the persons respectfully indicated in installments as shown, payable in the year indicated (Exhibit A). Section 2. That the said installment payable in the year 2023 shall be placed on the tax roll for the said year and collected in the same manner as other taxes. Section 3. That the said installment shall become delinquent at five o’clock, p.m., on the 30th day of November 2023 and at five o-clock, p.m., on the 31st day of May 2024, when such payments are due and payable. Section 4. That when the assessments become delinquent, the property is sold for taxes. Section 5. The revenue collected under this resolution shall be paid into the SID No. 118 Bond Sinking Fund of the City of Laurel, Montana. Section 6. The Clerk-Treasurer is hereby directed upon final passage and approval of this resolution to certify a copy of the same to the County Treasurer of Yellowstone County, Montana. Introduced at a regular meeting of the City Council on September 5, 2023, by Council Member _____. PASSED and APPROVED by the City Council of the City of Laurel on this 5th day of September 2023. APPROVED by the Mayor this 5th day of September 2023. 137 R23-65 SID 118 Assessment 2023-2024 CITY OF LAUREL ____________________________ Dave Waggoner, Mayor ATTEST: __________________________________ Kelly Strecker, Clerk/Treasurer Approved as to form: __________________________________ Michele Braukmann, Civil City Attorney 138 139 File Attachments for Item: 13. Resolution No. R23-66: A resolution levying and assessing the cost of sidewalk  improvements for Special Improvement District No. 119 within the City of Laurel, Montana, for fiscal year 2023-2024.   140 R23-66 SID 119 Assessment 2023-2024 RESOLUTION NO. R23-66 A RESOLUTION LEVYING AND ASSESSING THE COST OF SIDEWALK IMPROVEMENTS FOR SPECIAL IMPROVEMENT DISTRICT NO. 119 WITHIN THE CITY OF LAUREL, MONTANA, FOR FISCAL YEAR 2023-2024. WHEREAS, the Laurel City Council, pursuant to Chapter 12.36 of the Laurel Municipal Code and § 7-12-4102 MCA, previously established Special Improvement District No. 119 for the purposes listed in the City Council’s previously adopted Resolution of Intention, Resolution No. R19-14 and Resolution of Creation, Resolution No. R19-21; and WHEREAS, the Laurel City Council must levy and assess a payment schedule for the purposes of paying for the improvements constructed in Special Improvement District No. 119. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana: Section 1. That for the purpose of paying for the improvements constructed in Special Improvement District No. 119 of the City of Laurel, Montana, the City hereby levies and assesses $2,966.47 on the attached described property in the City of Laurel, Montana, owned by the persons respectfully indicated in installments as shown, payable in the year indicated (Exhibit A). Section 2. That the said installment payable in the year 2023 shall be placed on the tax roll for the said year and collected in the same manner as other taxes. Section 3. That the said installment shall become delinquent at five o’clock, p.m., on the 30th day of November 2023 and at five o-clock, p.m., on the 31st day of May 2024, when such payments are due and payable. Section 4. That when the assessments become delinquent, the property is sold for taxes. Section 5. The revenue collected under this resolution shall be paid into the SID No. 119 Bond Sinking Fund of the City of Laurel, Montana. Section 6. The Clerk-Treasurer is hereby directed upon final passage and approval of this resolution to certify a copy of the same to the County Treasurer of Yellowstone County, Montana. Introduced at a regular meeting of the City Council on September 5, 2023, by Council Member _____. PASSED and APPROVED by the City Council of the City of Laurel on this 5th day of September 2023. APPROVED by the Mayor this 5th day of September 2023. 141 R23-66 SID 119 Assessment 2023-2024 CITY OF LAUREL ____________________________ Dave Waggoner, Mayor ATTEST: __________________________________ Kelly Strecker, Clerk/Treasurer Approved as to form: __________________________________ Michele Braukmann, Civil City Attorney 142 143 File Attachments for Item: 14. Resolution No. R23-67: A resolution levying and assessing the annual cost of sidewalk  improvements for residential properties pursuant to the City’s Residential Sidewalk Replacement Program within the City of Laurel, Montana, for fiscal year 2023-2024.   144 R23-67 Residential Sidewalk Replacement Program 2023-2024 RESOLUTION NO. R23-67 A RESOLUTION LEVYING AND ASSESSING THE ANNUAL COST OF SIDEWALK IMPROVEMENTS FOR RESIDENTIAL PROPERTIES PURSUANT TO THE CITY’S RESIDENTIAL SIDEWALK REPLACEMENT PROGRAM WITHIN THE CITY OF LAUREL, MONTANA, FOR FISCAL YEAR 2023-2024. WHEREAS, the Laurel City Council, pursuant to Chapter 12.04 of the Laurel Municipal Code, previously established the City’s Residential Sidewalk Replacement Program to assist property owners with sidewalk repairs and/or replacements; and WHEREAS, the Laurel City Council must levy and assess an annual payment for the purposes of paying for the improvements to participating properties listed on the attached Exhibit A. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana: Section 1. That for the purpose of paying for the improvements constructed in the Residential Sidewalk Replacement Program of the City of Laurel, Montana, the City hereby levies and assesses the annual amount provided for the properties listed on the attached Exhibit A. Section 2. That the annual installment payable in the year 2023 shall be placed on the tax roll for the said year and collected in the same manner as other taxes. Section 3. That the said installment shall become delinquent at five o’clock, p.m., on the 30th day of November 2023 and at five o-clock, p.m., on the 31st day of May 2024, when such payments are due and payable. Section 4. That when the assessments become delinquent, the property is sold for taxes. Section 5. The revenue collected under this resolution shall be paid into the Residential Sidewalk Replacement Program Fund of the City of Laurel, Montana. Section 6. The Clerk-Treasurer is hereby directed upon final passage and approval of this resolution to certify a copy of the same to the County Treasurer of Yellowstone County, Montana. Introduced at a regular meeting of the City Council on September 5, 2023, by Council Member _____. PASSED and APPROVED by the City Council of the City of Laurel this 5th day of September 2023. APPROVED by the Mayor this 5th day of September 2023. 145 R23-67 Residential Sidewalk Replacement Program 2023-2024 CITY OF LAUREL ____________________________ Dave Waggoner, Mayor ATTEST: __________________________________ Kelly Strecker, Clerk/Treasurer Approved as to form: __________________________________ Michele Braukmann, Civil City Attorney 146 147 File Attachments for Item: 15. Resolution No. R23-68: A resolution levying and assessing a special tax against certain property in the City of Laurel for delinquent water charges. 148 R23-68 Delinquent Water Service Tax Assessment 2023 RESOLUTION NO. R23-68 A RESOLUTION LEVYING AND ASSESSING A SPECIAL TAX AGAINST CERTAIN PROPERTY IN THE CITY OF LAUREL FOR DELINQUENT WATER CHARGES. WHEREAS, the City of Laurel provides water services for its residents at an affordable cost in order to protect the health, safety and welfare of its citizenry; and WHEREAS, continued water services depends heavily upon the collection and payment of wate r charges by the users; and WHEREAS, the City of Laurel, pursuant to § 7-13-4309 MCA, may levy as a tax against the lot or parcel of real estate to which water service was furnished and for which payment is delinquent. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana: Section 1. That to defray the cost of such water charges on the respective premises hereinafter indicated, there is hereby levied and assessed against said property a special tax in the amounts hereinafter stated, that the same to be collected in the same manner as other taxes and assessments provided by law as follows: [See attached list.] Section 2. That the said installment payable in the year 2023 shall be placed on the tax roll for the said year and collected in the same manner as other taxes. Section 3. That the said installment shall become delinquent at five o’clock, p.m., on the 30th day of November 2023 and at five o-clock, p.m., on the 31st day of May 2024, when such payments are due and payable. Section 4. That when the assessments become delinquent, the property is sold for taxes. Section 5. The revenue collected under this resolution shall be paid into the Water Fund of the City of Laurel, Montana. Section 6. The Clerk-Treasurer is hereby directed upon final passage and approval of this resolution, to certify a copy of the same to the County Treasurer of Yellowstone County, Montana. Introduced at a regular meeting of the City Council on September 5, 2023, by Council Member _____. PASSED and APPROVED by the City Council of the City of Laurel on this 5th day of September 2023. APPROVED by the Mayor this 5th day of September 2023. 149 R23-68 Delinquent Water Service Tax Assessment 2023 CITY OF LAUREL ____________________________ Dave Waggoner, Mayor ATTEST: __________________________________ Kelly Strecker, Clerk/Treasurer Approved as to form: __________________________________ Michele Braukmann, Civil City Attorney 150 151 File Attachments for Item: 16. Resolution No. R23-69: A resolution levying and assessing a special tax against certain property in the City of Laurel for delinquent sewer charges. 152 R23-69 Delinquent Sewer Service Tax Assessment 2023 RESOLUTION NO. R23-69 A RESOLUTION LEVYING AND ASSESSING A SPECIAL TAX AGAINST CERTAIN PROPERTY IN THE CITY OF LAUREL FOR DELINQUENT SEWER CHARGES. WHEREAS, the City of Laurel provides sewer services for its residents at an affordable cost in order to protect the health, safety and welfare of its citizenry; and WHEREAS, continued sewer services depends heavily upon the collection and payment of sewer charges by the users; and WHEREAS, the City of Laurel, pursuant to § 7-13-4309 MCA, may levy as a tax against the lot or parcel of real estate to which sewer service was furnished and for which payment is delinquent. BE IT RESOLVED by the City Council of the City of Laurel, Montana: Section 1. That to defray the cost of such sewer charges on the respective premises hereinafter indicated, there is hereby levied and assessed against said property a special tax in the amounts hereinafter stated, that the same to be collected in the same manner as other taxes and assessments provided by law as follows: [See attached list.] Section 2. That the said installment payable in the year 2023 shall be placed on the tax roll for the said year and collected in the same manner as other taxes. Section 3. That the said installment shall become delinquent at five o’clock, p.m., on the 30th day of November 2023 and at five o-clock, p.m., on the 31st day of May 2024, when such payments are due and payable. Section 4. That if the special tax becomes delinquent, the respective property will be sold to recover the special tax owed. Section 5. The revenue collected under this resolution shall be paid into the Sewer Fund of the City of Laurel, Montana. Section 6. The Clerk-Treasurer is hereby directed upon final passage and approval of this resolution, to certify a copy of the same to the County Treasurer of Yellowstone County, Montana. Introduced at a regular meeting of the City Council on September 5, 2023, by Council Member _____. PASSED and APPROVED by the City Council of the City of Laurel on this 5th day of September 2023. APPROVED by the Mayor this 5th day of September 2023. 153 R23-69 Delinquent Sewer Service Tax Assessment 2023 CITY OF LAUREL ____________________________ Dave Waggoner, Mayor ATTEST: __________________________________ Kelly Strecker, Clerk/Treasurer Approved as to form: __________________________________ Michele Braukmann, Civil City Attorney 154 155 File Attachments for Item: 17. Resolution No. R23-70: A resolution levying and assessing a special tax against certain  property designated as garbage districts in the City of Laurel, Montana, for the removal of garbage and refuse.  156 R23-70 Garbage Assessment 2023 RESOLUTION NO. R23-70 A RESOLUTION LEVYING AND ASSESSING A SPECIAL TAX AGAINST CERTAIN PROPERTY DESIGNATED AS GARBAGE DISTRICTS IN THE CITY OF LAUREL, MONTANA, FOR THE REMOVAL OF GARBAGE AND REFUSE. WHEREAS, the City of Laurel provides garbage removal services for its residents at an affordable cost in order to protect the health, safety and welfare of its citizenry; and WHEREAS, continued garbage removal service depends heavily upon the collection and payment of garbage charges by the users; and WHEREAS, the City of Laurel, pursuant to § 8.04.040 through 8.04.080 of the Laurel Municipal Code, shall levy as an annual fee the cost of refuse collection and removal. Said fee shall be established by resolution of the City Council and may be changed or amended by subsequent resolution as the Council deems necessary; and WHEREAS, pursuant to § 8.04.110 of the Laurel Municipal Code, any refuse fee remaining unpaid shall either constitute a lien against the real property wherein the premises or business or commercial establishment exists and be placed on the annual property tax, or be collected by any other allowable means at equity or at law. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Laurel, Montana: Section 1. That to defray the cost of removal of such objectionable matter on the respective premises hereinafter indicated, there is hereby levied and assessed against the property a special tax in the amounts hereinafter stated, that the same to be collected in the same manner as other taxes and assessments provided by law as follows: [See attached list.] Section 2. That the installment payable in the year 2023 shall be placed on the tax roll for the year and collected in the same manner as other taxes. Section 3. That the installment shall become delinquent at five o’clock, p.m., on the 30th day of November 2023 and at five o-clock, p.m., on the 31st day of May 2024, when such payments are due and payable. Section 4. That when the assessments become delinquent, the property is either sold for taxes, or the City may collect the delinquent assessment by any other allowable means at equity or at law. Section 5. The monies collected under this resolution shall be paid to the Garbage Fund of the City of Laurel, Montana. Section 6. The Clerk-Treasurer is hereby directed upon final passage and approval of this resolution, to certify a copy of the same to the County Treasurer of Yellowstone County, Montana. 157 R23-70 Garbage Assessment 2023 Introduced at a regular meeting of the City Council on September 5, 2023, by Council Member _____. PASSED and APPROVED by the City Council of the City of Laurel on this 5th day of September 2023. APPROVED by the Mayor this 5th day of September 2023. CITY OF LAUREL ____________________________ Dave Waggoner, Mayor ATTEST: __________________________________ Kelly Strecker, Clerk/Treasurer Approved as to form: __________________________________ Michele Braukmann, Civil City Attorney 158 R23-70 Garbage Assessment 2023 159 160 File Attachments for Item: 18. Resolution No. R21-71: A Resolution Of The City Council Authorizing The Mayor To Approve An Independent Contractor Service Contract With Donahue Roofing And Siding, LLC. 161 R23-71 Approve Donahue Roofing SSC RESOLUTION NO. R23-71 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO APPROVE AN INDEPENDENT CONTRACTOR SERVICE CONTRACT WITH DONAHUE ROOFING AND SIDING, LLC. BE IT RESOLVED by the City Council of the City of Laurel, Montana, Section 1: Approval. The Independent Contractor Service Contract with Donahue Roofing and Siding, LLC, for roofing work to be performed at the Laurel Public Library, a copy attached hereto and incorporated herein, is hereby approved. Section 2: Execution. The Mayor is hereby given authority to execute the Independent Contractor Service Contract with Donahue Roofing and Siding, LLC, on behalf of the City. Introduced at a regular meeting of the City Council on the 5th day of September, 2023, by Council Member ________________. PASSED and APPROVED by the City Council of the City of Laurel the 5th day of September, 2023. APPROVED by the Mayor the 5th day of September, 2023. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 162 Page 1 of 5 INDEPENDENT CONTRACTOR SERVICE CONTRACT This Contract is made and entered into this 5th day of September 2023, between the City of Laurel, a municipal corporation organized and existing under the laws of the State of Montana whose address is P.O. Box 10, Laurel, Montana 59044, hereinafter referred to as “City” and Donahue Roofing & Siding LLC, a contractor licensed to conduct business in the State of Montana, whose address is 3970 Avenue D Suite D, Billings, MT 59102, hereinafter referred to as “Contractor”. SECTION ONE DESCRIPTION OF SERVICES A. Purpose. City shall hire Contractor as an independent contractor to perform for City the services described in the Bid dated July 26, 2023, attached hereto as Exhibit “A” and by this reference made part of this contract. B. Effective Date. This contract is effective upon the date of its execution by both Parties. Contractor shall complete the services within 60 days of commencing work. The parties may extend the term of this contract in writing prior to its termination for good cause. C. Scope of Work. Contractor shall perform his/her work and provide services in accordance with the specifications and requirements of this contract, any applicable Montana Public Work Standard(s) and Exhibit “A”. SECTION TWO CONTRACT PRICE Payment. City shall pay Contractor forty-nine thousand nine hundred fifteen dollars and forty-two cents ($49,915.42) for the work described in Exhibit A. Any alteration or deviation from the described work that involves extra costs must be executed only upon written request by the City to Contractor and will become an extra charge over and above the contract amount. The parties must agree to extra payments or charges in writing. Prior to final payment, Contractor shall provide City with an invoice for all charges. SECTION THREE CITY’S RESPONSIBILITIES Upon completion of the contract and acceptance of the work, City shall pay Contractor the contract price, plus or minus any additions or deductions agreed upon between the parties in accordance with Sections one and two, if any. SECTION FOUR CONTRACTOR’S WARRANTIES AND RESPONSIBILITIES A. Independent Contractor Status. The parties agree that Contractor is an independent contractor for purposes of this contract and is not to be considered an employee of the City for any purpose hereunder. Contractor is not subject to the terms and provisions of the City’s personnel policies or handbook and shall not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings, agreements or su b- 163 Page 2 of 5 contracts in any dealings between Contractor and any third parties. The City is interested solely in the results of this contract. Contractor is solely responsible for all work and work product under this contract, including techniques, sequences, procedures, and means. Contractor shall supervise and direct the work to the best of his/her ability. B. Wages and Employment. Contractor shall abide by all applicable State of Montana Rules, Regulations and/or Statutes in regards to prevailing wages and employment requirements. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act. Contractor shall maintain workers’ compensation coverage for all members and employees of his/her business, except for those members who are exempted as independent contractors under the provisions of §39 -71-401, MCA. Contractor understands that all contractors or subcontractors working on publicly funded projects are required to have withheld from earnings a license fee of one percent (1%) of the gross contract price if the gross contract price is Five Thousand Dollars ($5,000) or more. This license fee is paid to the Montana Department of Revenue pursuant to Montana law. C. Unless otherwise specified by the terms o f this Agreement, all materials and equipment used by Contractor on the Construction Project shall be new and where not otherwise specified, of the most suitable grade for their intended uses. D. All workmanship and materials shall be of a kind and nature acceptable to the City. E. All equipment, materials, and labor provided to, on, or for the Contract must be free of defects and nonconformities in design, materials, and workmanship for a minimum period beginning with the commencement of the work and ending one (1) year from completion and final acceptance by the City. Upon receipt of City’s written notice of a defective or nonconforming condition during the warranty period, Contractor shall take all actions, including redesign and replacement, to correct the defective or nonconforming condition within a time frame acceptable to the City and at no additional cost to the City. Contractor shall also, at its sole cost, perform any tests required by City to verify that such defective or nonconforming condition has been corrected. Contractor warrants the corrective action taken against defective and nonconforming conditions for a period of an additional one (1) year from the date of City’s acceptance of the corrective action. F. Contractor and its sureties are liable for the satisfaction and full performance of all warranties. G. Contractor has examined the facilities and/or has made field examinations. Contractor has knowledge of the services or project sought under this Contract and he/she further understands the site conditions to be encountered during the performance of this Contract. Contractor has knowledge of the types and character of equipment necessary for the work, the types of materials needed and the sources of such materials, and the condition of the local labor market. H. Contractor is responsible for the safety of the work and shall maintain all lights, guards, signs, temporary passages, or other protections necessary for that purpose at all times. I. All work is performed at Contractor’s risk, and Contractor shall promptly repair or replace all damage and loss at its sole cost and expense regardless of the reason or cause of the damage or loss; provided, however, should the damage or loss be caused by an intentional or negligent act of the City, the risk of such loss shall be placed on the City. 164 Page 3 of 5 J. Contractor is responsible for any loss or damage to materials, tools, work product or other articles used or held for use in the completion or performance of the Contract. K. Title to all work, work product, materials and equipment covered by any payment of Contractor’s compensation by City, whether directly incorporated into the Contract or not, passes to City at the time of payment, free and clear of all liens and encumbrances. SECTION FIVE INDEMNITY AND INSURANCE Contractor shall indemnify, defend and save City, its officers, agents and employees harmless from any and all losses, damage and liability occasioned by, growing out of, or in any way arising or resulting from any intentional or negligent act on the part of Contractor or its agents or employees. SECTION SIX COMPLIANCE WITH LAWS Contractor shall comply with all federal, state, local laws, ordinances, rules and regulations. Contractor shall either possess a City business license or shall purchase one, if a City Code requires a business license. SECTION SEVEN NONDISCRIMINATION Contractor agrees that any hiring of persons as a result of this contract must be on the basis of merit and qualification and further that Contractor shall not discriminate on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability or national origin. SECTION EIGHT DEFAULT If either party fails to comply with any term or condition of th is Contract at the time or in the manner provided for, the other party may, at its option, terminate this Contract and be released from all obligations if the default is not cured within ten (10) days after written notice is provided to the defaulting part y. Said notice shall set forth the items to be cured. Additionally, the non-defaulting party may bring suit for damages, specific performance, and any other remedy provided by law except for punitive damages. The Parties hereby waive their respective claims for punitive damages. These remedies are cumulative and not exclusive. Use of one remedy does not preclude use of the others. Notices shall be provided in writing and hand-delivered or mailed to the parties at the addresses set forth in the first paragraph of this Contract. SECTION NINE TERMINATION Either party may terminate the contract for their convenience upon thirty days written notice sent postage prepaid, to the addresses provided herein. 165 Page 4 of 5 SECTION TEN GOVERNING LAW AND DISPUTE RESOLUTION The Parties agree that the laws of the State of Montana govern this Contract. The Parties agree that venue is proper within the Courts of Yellowstone County, Montana. If a dispute arises, the Parties, through a representative(s) with full authority to settle a dispute, shall meet and attempt to negotiate a resolution of the dispute in good faith no later than ten business days after the dispute arises. If negotiations fail, the Parties may utilize a third party mediator and equally share the costs of the mediator or file suit. SECTION ELEVEN ATTORNEY FEES If any action is filed in relation to this agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all sums that either is ordered to pay, a reasonable sum for the successful party’s attorney’s fees and all costs charges and expenses related to the action. SECTION TWELVE ENTIRE AGREEMENT This contract and its referenced attachment and Exhibit A contain the entire agreement and understanding of the parties and supersede any and all prior negotiations or understandings relating to this project. This contract shall not be modified, amended, or changed in any respect except through a written document signed by each party’s authorized respective agents. SECTION THIRTEENTH ASSIGNMENT OF RIGHTS The rights of each party under this Contract are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. SECTION FOURTEEN SEVERABILITY Each provision, section, or subsection of this Contract shall stand separate and independent of every other. In the event that a court of competent jurisdiction shall find any provision, section, or subsection of this contract to be invalid, the remaining provisions, sections, and subsections of this contract shall remain in full force and effect. SECTION FIFTEEN PARAGRAPH HEADINGS The titles to the paragraphs of this contract are solely for the convenience of the parties and shall not be used to explain, simplify, or aid in the interpretation of the provisions of this agreement. 166 5 of 5 SIGNED AND AGREED BY BOTH PARTIES ON THE 12th DAY OF SEPTEMBER 2023. CITY OF LAUREL CONTRACTOR ___________________________________ __________________________ Dave Waggoner, Mayor Donahue Roofing & Siding LLC ATTEST: Employer Identification Number ___________________________________ __________________________ Kelly Strecker, Clerk/Treasurer 167 168 169 170