HomeMy WebLinkAbout11-06-17 City Commission Packet Materials - A2. Resolution 4842, Modification of SILD 728, Lakes at Valley West
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission FROM: Kristin Donald, Finance Director
SUBJECT: Resolution 4842 / Modification of Special Improvement Lighting District 728 for The Lakes at Valley West
MEETING DATE: November, 6, 2017
AGENDA ITEM TYPE: Action
RECOMMENDATION: Adopt Commission Resolution No. 4842 / Modification of Special Improvement Lighting District 728 for The Lakes at Valley West.
BACKGROUND: The Commission did on October, 12, 2017 adopt Commission Resolution
No. 4841 / Intent to Modify Special Improvement Lighting District 728 for The Lakes at Valley West 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 $96.16 per acre within the district or $1,244.40 annually for the entire district. The average sized lot is 4,465 square feet, which equates to an annual assessment of approximately $9.15 per lot per year.
ALTERNATIVES: As suggested by the City Commission. Attachments: Resolution No.4842 Report compiled on: October, 24, 2017
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COMMISSION RESOLUTION NO. 4842
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO LIGHTING DISTRICT NO. 728 (THE LAKES AT VALLEY
WEST PHASES 1-4) 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 October 12, 2017, adopted Resolution No.
4841 (the “Resolution of Intention”), pursuant to which this Commission declared its intention to
modify a special lighting district, designated as Special Lighting District No. 728 (The Lakes at
Valley West Phases 1-4) 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 October 12, 2017, this Commission
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conducted a public hearing on the modification 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. 728 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
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Resolution 4842, Modification of SILD 728 – The Lakes at Valley West
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pay costs of the Improvements.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 6 day of November, 2017.
___________________________________
CARSON TAYLOR Mayor
ATTEST:
________________________________________ ROBIN CROUGH City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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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. 728 entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT 728 THE LAKES AT
VALLEY WEST PHASES 1-4); 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, (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 November 6, 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 7th day of November 2017.
___________________________________
ROBIN CROUGH
City Clerk
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