HomeMy WebLinkAbout01-09-17 CC Mtg - A1. Resolution 4744, SILD 737 - Westbrook SubdivisionCommission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Carol Neibauer, Assistant Treasurer
Laurae Clark, Treasurer
Anna Rosenberry, Administrative Services Director
SUBJECT: Resolution #4744 / Creation of Special Improvement Lighting District
#737 for Westbrook Subdivision Phase 2, 3 & 4
MEETING DATE: January 9, 2017
AGENDA ITEM TYPE: Action
RECOMMENDATION: Approve Commission Resolution No. 4744/Creation of Special
Improvement Lighting District #737 for Westbrook Subdivision Phase 2, 3 & 4
BACKGROUND: The Commission did on December 5, 2016 approve Commission
Resolution No. 4743/Intent to create Special Improvement Lighting District #737 for Westbrook
Subdivision Phase 2, 3 & 4 as per MCA 7-12-4301. 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 $20.56 per acre
within the district or $641.88 annually for the entire district.
ALTERNATIVES: As suggested by the City Commission.
Attachments: Resolution No. 4744
Report compiled on: November 10, 2016
509
Page 1 of 4
COMMISSION RESOLUTION NO. 4744
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO LIGHTING DISTRICT NO. 737 (WESTBROOK
SUBDIVISION PHASE 2, 3 AND 4) 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 December 5, 2016, adopted Resolution
No. 4743 (the “Resolution of Intention”), pursuant to which this Commission declared its intention
to create a special lighting district, designated as Special Lighting District No. 737 (Westbrook
Subdivision Phase 2, 3 & 4) 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.
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 January 9, 2017, 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
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Resolution 4744, Creation of SILD 737 – Westbrook Subdivision Phase 2, 3, & 4
Page 2 of 4
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. 737 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.
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Resolution 4744, Creation of SILD 737 – Westbrook Subdivision Phase 2, 3, & 4
Page 3 of 4
PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana,
at a regular session thereof held on the 9th day of January, 2017.
___________________________________
CARSON TAYLOR
Mayor
ATTEST:
________________________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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Resolution 4744, Creation of SILD 737 – Westbrook Subdivision Phase 2, 3, & 4
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. 4744 entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT 726 (WESTBROOK
SUBDIVISION PHASE 2, 3 & 4); 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. 4744 (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 January 9, 2017 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 10th day of January, 2017.
___________________________________
ROBIN CROUGH
City Clerk
513
514
515
Block 1 Lot Sq Ft
1 8008
2 7554
3 7537
4 7521
5 7504
6 7487
7 7273
8 7262
9 7260
10 7909
11 11,504
12 12,903
Block 2 1 9113
2 6685
3 7125
4 5805
5 7125
6 6685
7 6687
8 7125
9 6241
10 6641
11 7700
12 6685
13 6685
14 6687
15 6224
16 6226
17 6226
18 6226
19 6226
20 8573
Block 3 1 8573
2 6600
3 6600
4 6600
Bozeman, MT 59718
Acct #157470
Exibit B
Westbrook Subdivision
Ownership:
Four Corners Construction LLC
125 Central Ave Ste 1A
516
5 6596
6 6796
7 6796
8 6796
9 7700
10 7645
11 6795
12 6796
13 6796
14 7524
15 7533
16 7533
17 9543
Block 4 5 6622
6 6813
7 6813
8 6813
9 7638
10 7638
11 6813
12 6813
13 8209
Block 5 1 14,988
2 11,224
3 12,587
4 24,887
R-1 872,526
Total Assessable
Square Footage 1,360,018.00
517