HomeMy WebLinkAbout02-05-18 City Commission Packet Materials - A2. Resolution 4874, Creation of SILD 738 - Saccoccia Minor SubCommission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Laurae Clark, Treasurer
Kristin Donald, Finance Services Director
SUBJECT: Resolution #4874 / Creation of Special Improvement Lighting District
#738 for Saccoccia Minor Sub
MEETING DATE: Feb 5, 2018
AGENDA ITEM TYPE: Action
RECOMMENDATION: Approve Commission Resolution No. 4874/Creation of Special
Improvement Lighting District #738 for Saccoccia Minor Sub
BACKGROUND: The Commission did on January 8, 2018 approve Commission Resolution
No. 4873/Intent to create Special Improvement Lighting District #738 for Saccoccia Minor Sub
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 $17.55 per acre
within the district or $340.80 annually for the entire district.
ALTERNATIVES: As suggested by the City Commission.
Attachments: Resolution No. 4874
Report compiled on: January 18, 2018
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Page 1 of 4
COMMISSION RESOLUTION NO. 4874
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO LIGHTING DISTRICT NO. 738 (SACCOCCIA MINOR SUB)
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 January 8, 2018, adopted Resolution No.
4873 (the “Resolution of Intention”), pursuant to which this Commission declared its intention to
create a special lighting district, designated as Special Lighting District No. 738 (Saccoccia Minor
Sub) 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 February 5, 2018, 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 4874, Creation of SILD 738 – Saccoccia Minor Sub
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. 738 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 4874, Creation of SILD 738 – Saccoccia Minor Sub
Page 3 of 4
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, this 5th day of February, 2018.
___________________________________
CYNTHIA L. ANDRUS
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. 4874. entitled: A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT 738
(SACCOCCIA MINOR SUB); 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. 4874 (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 February 5, 2018 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 6th day of February, 2018.
___________________________________
ROBIN CROUGH
City Clerk
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