In determining and levying the annual maintenance assessment for tree planting and maintenance district no. 1, the following procedure must be used in conjunction with the requirements of state law:
A. To levy the annual maintenance assessment, the commission shall first pass a resolution of intention to levy and assess property in the district for the annual maintenance cost. The resolution of intention must describe the method of assessment, which must be based upon the method or methods set forth in sections 7-12-4161 through 7-12-4165, Montana Code Annotated. The resolution of intention need not individually describe each lot and parcel to be assessed nor identify the owner of each lot or parcel. The resolution of intention must be kept in the office of the clerk of the commission and be subject to inspection by the general public for a period of no less than ten (10) days prior to adoption of a final resolution levying a maintenance assessment for the district.
B. After passage of the resolution of intention to levy and assess, the clerk of the commission shall cause a notice of passage of the resolution of intention to be published in the official newspaper for the city. The notice shall be published twice with at least six (6) days separating each publication. The first publication shall be no more than twenty one (21) days prior to the action and the last no less than three (3) days prior to the action. The published notice shall contain the date, time and place that the hearing will occur; a brief statement that the commission intends to set the levy for an annual maintenance assessment; and the address and telephone number of the person who can be contacted for further information.
C. After conducting the public hearing and passing upon any objections, the city commission may pass a resolution levying a maintenance assessment for tree planting and maintenance district no. 1.
D. Section 7-12-4177, Montana Code Annotated, is superseded only to the extent it may be inconsistent with this section. (Ord. 2905, 2-26-2001)