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Home My WebLink About09-12-16 CC Mtg - A3. Resolution 4712 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Carol Neibauer, Assistant Treasurer Laurae Clark, Treasurer Anna Rosenberry, Administrative Services Director SUBJECT: Resolution #4712 / Creation of Special Improvement Lighting District #735 for Pine Meadows Subdivision MEETING DATE: September 12, 2016 AGENDA ITEM TYPE: Action RECOMMENDATION: Approve Commission Resolution No. 4712/Creation of Special Improvement Lighting District #735 for Pine Meadows Subdivision BACKGROUND: The Commission did on August 8, 2016 approve Commission Resolution No. 4711/Intent to create Special Improvement Lighting District #732 for Pine Meadows Subdivision as per MCA 7-12-4301 (renumbering to SILD 735 per this resolution). The property owner has been noticed of the public hearing on this date. Creating a lighting district is a requirement of final plat approval. FISCAL EFFECTS: As a result of creating this lighting district, the City will pay the associated power bills and schedule system maintenance. We will recover these costs by billing property owners each year on their City Assessment bill. It is estimated to cost $56.27 per acre within the district or $193.56 annually for the entire district. ALTERNATIVES: As suggested by the City Commission. Attachments: Resolution No. 4712 Schedule A – Pine Meadows Subdivision Exhibit B – Pine Meadows Subdivision Report compiled on: August 29, 2016 243 Page 1 of 4 COMMISSION RESOLUTION NO. 4712 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT NO. 735 (PINE MEADOWS SUBDIVISION) CREATING THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS OF MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT. BE IT RESOLVED by the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”), as follows: Section 1 Passage of Resolution of Intention. This Commission, on August 8, 2016, adopted Resolution No. 4711 (the “Resolution of Intention”), pursuant to which this Commission declared its intention to create a special lighting district, designated as Special Lighting District No. 732 (Pine Meadows Subdivision) of the City (the “District”), under Montana Code Annotated, Title 7, Chapter 12, Part 43, as amended (the “Act”), for the purpose of financing costs of certain local improvements described generally therein (the “Improvements”) and paying costs incidental thereto, including costs associated with the creation and administration of the District. The City Clerk’s Office has identified the need to correct a clerical error in the numbering of said district, therefore Special Improvement Lighting District No. 732 (Pine Meadows Subdivision) will be renumbered to Special Improvement Lighting District No. 735 (Pine Meadows Subdivision) upon the adoption of the final resolution. The City Clerk shall mail all associated property owners notice of the renaming of the district upon passage of the resolution. 244 Resolution 4712, Creation of SILD 735 Page 2 of 4 Section 2 Notice and Public Hearing. Notice of passage of the Resolution of Intention was duly published, posted and mailed in all respects in accordance with law, and on August 8, 2016, this Commission conducted a public hearing on the creation of the District and the making of the Improvements. The meeting of this Commission at which this resolution was adopted is the first regular meeting of the Commission following the expiration of the period ended 15 days after the first date of publication of the notice of passage of the Resolution of Intention (the “Protest Period”). Section 3 Protests. Within the Protest Period, no protests were filed with the City Clerk. Section 4 Creation of the District; Insufficiency of Protests. The District is hereby created on the terms and conditions set forth in and otherwise in accordance with, the Resolution of Intention. The findings and determinations made in the Resolution of Intention are hereby ratified and confirmed. Section 5 Preparation and Levying of Assessments. It shall be the duty of the City Clerk to prepare all necessary schedules and resolutions for the levying of assessments in the District necessary to finance the Improvements and present such resolution to this Commission for adoption in conformance with Section 7-12-4328, M.C.A., on or before the first Monday in October. The City Clerk is authorized to provide notice of the resolution of assessment and schedule a public hearing therefore in conformance with Sections 7-12-4329 and 7-12-4330, M.C.A., and upon final passage of such resolution deliver it to the City Treasurer. Section 6 Lighting District Fund Established. There is hereby created a fund to be known as the Special Lighting District No. 735 Fund (the “Fund”). All money derived from the collection of the assessments as provided in Section 5 herein and the Act shall be deposited in the Fund and used to pay costs of the Improvements. 245 Resolution 4712, Creation of SILD 735 Page 3 of 4 PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, this 12th day of September, 2016. ___________________________________ CARSON TAYLOR Mayor ATTEST: __________________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 246 Resolution 4712, Creation of SILD 735 Page 4 of 4 CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and acting recording officer of the City of Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of Resolution No. 4712. entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT 735 (PINE MEADOWS SUBDIVISION); CREATING THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT. 4712 (the “Resolution”), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Commission of the City at a meeting on September 12, 2016 and that the meeting was duly held by the City Commission and was attended throughout by a quorum, pursuant to call and notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed. I further certify that, upon vote being taken on the Resolution at said meeting, the following Commissioners voted in favor thereof: _______________________________________________ ; voted against the same: ; abstained from voting thereon: ; or were absent: . WITNESS my hand officially this 13th day of September, 2016. ___________________________________ ROBIN CROUGH City Clerk 247 VALLEY DRIVEW. VILLARD STREET DURSTON ROAD BLOCK 2BLOCK 1QUALITY CHECK:DESIGNED BY:DRAWN BY:CAD NO.JOB NO.DATE:B15-085 LIGHTINGEngineeringtdhengineering.com1SHEETB15-0851/12/16MRMMMN1LIGHTING PLANBOZEMAN, MONTANAPINE MEADOW SUBDIVISION248 Lot Block Address Sq Ft 1 1 Valley Ave 6171 2 1 Valley Ave 6378 3 1 Valley Ave 6687 4 1 Valley Ave 6696 5 1 Valley Ave 6706 6 1 Valley Ave 6716 7 1 Valley Ave 6725 8 1 Valley Ave 6735 9 1 Valley Ave 6745 10 1 Valley Ave 6754 11 1 Valley Ave 6764 12 1 Valley Ave 8207 1 2 Valley Ave 6820 2 2 Valley Ave 6830 3 2 Valley Ave 6840 4 2 Valley Ave 6874 5 2 Valley Ave 7039 6 2 Valley Ave 33956 149643 Park 16,360 Open Space 4,620 Streets 4749 175372 PINE MEADOW SUBDIVISION Owner: Joseph and Melissa Horner Address: 419 N 22nd Ave, Bozeman, MT 59718 Lot 7, Smith Subdivision 249