HomeMy WebLinkAbout07-24-17 City Commission Packet Materials - A1. Resolution 4810, Modification of SILD 720 - West Winds
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission FROM: Laurae Clark, Treasurer
Kristin Donald, Finance Director
SUBJECT: Resolution #4810 / Modification of Special Improvement Lighting District #720 for West Winds Subdivision Phase 6-8
MEETING DATE: July 24, 2017
AGENDA ITEM TYPE: Action
RECOMMENDATION: Approve Commission Resolution No. 4810/Modification of Special Improvement Lighting District #720 for West Winds Subdivision Phase 6-8
BACKGROUND: The Commission did on June 26, 2017 approve Commission Resolution
No. 4809 Intent to modify Special Improvement Lighting District #720 for West Winds Subdivision Phase 6-8 as per MCA 7-12-4301. The property owners have been noticed of the public hearing on this date. Modifying the lighting district is a requirement of final plat approval.
FISCAL EFFECTS: As a result of modifying 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 $77.68 per acre within the district or $1,458.00 annually for the entire district.
ALTERNATIVES: As suggested by the City Commission. Attachments: Resolution No. 4810 Report compiled on: July 12, 2017
145
Page 1 of 4
COMMISSION RESOLUTION NO. 4810
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO LIGHTING DISTRICT NO. 720 (WEST WINDS
SUBDIVISION PHASE 6-8) MODIFYING 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 June 26, 2017, adopted Resolution No.
4809 (the “Resolution of Intention”), pursuant to which this Commission declared its intention to
modify a special lighting district, designated as Special Lighting District No. 720 (West Winds
Subdivision Phase 6-8) 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 Modification 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 July 24, 2017, this Commission
conducted a public hearing on the Modification of the District and the making of the Improvements.
146
Resolution 4810, Modification of SILD 720 – West Winds Phases 6-8
Page 2 of 4
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
Modification 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 Modification. 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. 720 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.
147
Resolution 4810, Modification of SILD 720 – West Winds Phases 6-8
Page 3 of 4
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, this 24h day of July, 2017.
___________________________________
CARSON TAYLOR Mayor
ATTEST:
____________________________________
ROBIN CROUGH City Clerk
APPROVED AS TO FORM:
___________________________________ GREG SULLIVAN City Attorney
148
Resolution 4810, Modification of SILD 720 – West Winds Phases 6-8
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. 4810. entitled: A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT 720 (WEST
WINDS SUBDIVISION PHASE 6-8); MODIFYING 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. 4810 (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 July 24, 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 25th day of July 2017.
___________________________________ ROBIN CROUGH City Clerk
149