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HomeMy WebLinkAbout09-12-16 CC Mtg - C13. Resolution 4719 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Robin Crough, City Clerk Chris Kukulski, City Manager SUBJECT: Resolution 4719, Correcting and Renumbering Special Improvement Lighting District No. 731 (Allison Subdivision Phase III) to Special Improvement Lighting District No. 734 (Allison Subdivision Phase III) MEETING DATE: September 12, 2016 AGENDA ITEM TYPE: Consent RECOMMENDATION: Adopt Resolution 4719, Correcting and Renumbering Special Improvement Lighting District No 731 (Allison Subdivision Phase III) to Special Improvement Lighting District No. 734 (Allison Subdivision Phase III). BACKGROUND: A clerical error in the numbering of special improvement lighting districts was discovered by the City Clerk, which affects two SILDs. One will be changed with the final creation of the district, the other is this SILD 731. Section 7-12-4353 of the Montana Code Annotated allows for minor modifications to a special improvement lighting district when the modification either reduces assessments or increases it less than 3% in a fiscal year. Since no change will be made to the properties, lights, or assessment of the district, this falls well within the limits set by the code. To remain consistent with prior special improvement district numbering convention, the appropriate number for SILD 731 should be SILD 734. Upon passage of the resolution, the sole associated property owner will be notified of the renumbering of the district. UNRESOLVED ISSUES: None. ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: None. Attachments: Resolution 4719 Report compiled on: 8/30/2016 193 COMMISSION RESOLUTION NO. 4719 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CORRECTING AND RENUMBERING SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 731 (ALLISON SUBDIVISION PHASE III) TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 734 (ALLISON SUBDIVISION PHASE III). WHEREAS, the City Clerk’s Office has identified the need to correct a clerical error in the numbering of Special Improvement Lighting District No. 731 to be consistent with prior special improvement district numbering convention; and WHEREAS, it appears to the City Commission that the proposed district renumbering will not be detrimental to the public interests; and WHEREAS, Section 7-12-4354, Montana Code Annotated, states that minor modification to a special improvement lighting district includes but is not limited to adding properties or lights if the additions: 1) reduce assessments within the maintenance district; or 2) increase the average assessments within the maintenance district by 3% or less in a fiscal year; and WHEREAS, the renumbering of the district will have no change to the properties, lights, or assessment of the district; and WHEREAS, Section 7-12-4354, Montana Code Annotated, states that minor modifications in a special improvement lighting district are exempt from the major modification procedures described in 7-12-4351 through 7-12-4353. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: Section 1 That it is hereby declared to be in the best interests of the City of Bozeman to change the name of SILD 731 from Special Improvement Lighting District No. 731 (Allison Subdivision Phase III) to Special Improvement Lighting District No. 734 (Allison Subdivision Phase III). Section 2 That the City Clerk shall mail all associated property owners notice of the renaming of the district upon passage of the resolution. 194 PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 12th day of September, 2016. _________________________________________ CARSON TAYLOR Mayor ATTEST: ____________________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 195