HomeMy WebLinkAboutResolution 4908 Dissolving SID 740, North Ferguson Avenue and West Oak Street Co.
COMMISSION RESOLUTION NO. 4908
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DISSOLVING SPECIAL IMPROVEMENT DISTRICT NO. 740
WHEREAS, the City Commission created Special Improvement District No. 740 ("SID
740" or "the District") on April 17, 2017 by Resolution No. 4772 for the purpose of undertaking
certain road improvements to North Ferguson Avenue between West Oak Street and Baxter Lane,
and to West Oak Street between Davis Lane and North Ferguson Avenue ("the Improvements")
pursuant to its authority under Montana Code Annotated, Title 7, Chapter 12, Part 41; and
WHEREAS,the Resolution of Intention to create SID 740,Resolution No. 4771,describes
the boundaries of the District and the particulars of the Improvements to be undertaken; and
WHEREAS, the District's share of the estimated cost of the Improvements as stated in
Resolution No. 4771 was $1,063,138.50; and
WHEREAS, the Improvements have been completed and the District's share of actual
costs of the Improvements are now known to be $902,424.65; and
WHEREAS, Gallatin County, owner of 100% of the property within the District
boundaries,protested the creation of the District; and
WHEREAS, the City Commission found Gallatin County's protest invalid because the
previous owner of the property within the District waived the right to protest creation of a special
improvement district in consideration of receiving approval for annexation of the property to the
City on October 19, 2001; and
WHEREAS,after the District was created Gallatin County filed a lawsuit in District Court
seeking a declaration the District was void ab initio and alleging defects in its creation; and
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Resolution 4908, Dissolution of SID 740
WHEREAS, SID 740 has accumulated no assets and no property owners within the
boundaries of the District have been assessed any fees pursuant to the creation of the District; and
WHEREAS, the Bozeman City Commission desires to dissolve SID 740 in order to
accurately assess the property within the District for the costs of the Improvements and to address
the alleged shortcomings in the creation of SID 740; and
WHEREAS, on the 21 st day of May, 2018, the City Commission (the "Commission") of
the City of Bozeman, Montana (the "City") adopted Commission Resolution No. 4907 (the
"Resolution of Intention"), stating its intent to dissolve SID 740, created for the purpose of
undertaking the Improvements pursuant to its authority under Montana Code Annotated, Title 7,
Chapter 12, Part 41; and
WHEREAS, on May 27, 2018 and June 3, 2018, the City Clerk did publish a Notice of
Passage of the Resolution of Intent to Dissolve SID 740 in accordance with Sect. 7-12-4106,
MCA, and mailed said notice to each person, firm, or corporation or the agent of the person, firm
or corporation having real property within the proposed District; and
WHEREAS, the Bozeman City Commission conducted a public hearing to pass on any
protest submitted to the dissolution of the District on June 18, 2018; and
WHEREAS, the City Commission finds that the public interest would be served by the
dissolution of SID 740 as herein described.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, as follows:
Section 1
Notice of Passage of the Resolution of Intent and Public Hearing on Protests.Notice of passage of
the Resolution of Intention was duly published and mailed in all respects in accordance with law,
and on June 18, 2018, this Commission conducted a public hearing on written protests submitted
by property owners against the dissolution of the District. The public hearing occurred on the date
of the first regular meeting of the Commission following the expiration of the period ending 15
days after the first date of publication of the notice of passage of the Resolution of Intention (the
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Resolution 4908,Dissolution of SID 740
"Protest Period").
Section 2
Boundaries of District.The limits and boundaries of the District to be dissolved are those described
in Resolution No. 4771,the resolution of intention to create SID 740.
Section 3
General Character of Improvements. The general character of the Improvements which were to be
made pursuant to SID 740,the estimated cost thereof, and the method of assessment by which the
Improvements were to be assessed against property in SID 740 is as described in Resolution No.
4771,the resolution of intention to create SID 740.
Section 4
Protests.No protests were received during the Protest Period.
Section 5
Dissolution of the District. The Commission hereby dissolves the District on the terms and
conditions set forth herein and otherwise in accordance with the Resolution of Intention, as
modified hereby.
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Resolution 4908, Dissolution ofSID 740
PASSED,ADOPTED, AND APPROVED by the City Commission of the City
of Bozeman, Montana, at a regular session thereof held on the 181h day of J ne, 2018.
I ND
Mayor
ATTEST:
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by �:��� • �,
ROBIN CROUG
City Clerk •* •, �."��
APP OVED A TO FORM:
LIVAN
City Attorney
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