HomeMy WebLinkAbout12-02-19 City Commission Packet Materials - A1. Res 5107, Modification of SILD 736 for The Crossing 2 at Baxter Meadows
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission FROM: Bernie Massey, Assistant Treasurer
Laurae Clark, Treasurer
Kristin Donald, Finance Director
SUBJECT: Resolution 5107 / Modify a Special Improvement Lighting District #736 for The Crossing 2 at Baxter Meadows Phases 4F, 4G & 4H
MEETING DATE: December 2, 2019
AGENDA ITEM TYPE: Action
RECOMMENDATION: Approve Commission Resolution No. 4736/Creation of Special Improvement Lighting District #736 for The Crossing at Baxter Meadows Phase 4F.
BACKGROUND: The Commission did on November 4, 2019 approve Commission
Resolution No. 5106/Intent to create Special Improvement Lighting District #736 for The
Crossing at Baxter Meadows Phases 4F, 4G & 4H 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. The initial costs of the Improvements per acre shall be $19.96 or $0.000469 per square foot annually.
ALTERNATIVES: As suggested by the City Commission.
Attachments: Resolution No. 5107 Report compiled on: November 12, 2019
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Page 1 of 4
RESOLUTION NO. 5107
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO LIGHTING DISTRICT NO. 736 (THE CROSSING 2 AT
BAXTER MEADOWS PHASES 4F, 4G & 4H) 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 November 4, 2019, adopted Resolution No.
5106 (the “Resolution of Intention”), pursuant to which this Commission declared its intention to
Modify a special lighting district, designated as Special Lighting District No. 736 (The Crossing 2 at
Baxter Meadows Phases 4F, 4G & 4H ) 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,
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Resolution 5107, Modification of SILD 736, The Crossing 2 at Baxter Meadows Phases 4F, 4G, and 4H
Page 2 of 4
posted and mailed in all respects in accordance with law, and on November 4, 2019, this
Commission 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
Modification of the District; Insufficiency of Protests. The District is hereby modified 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. 736 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 5107, Modification of SILD 736, The Crossing 2 at Baxter Meadows Phases 4F, 4G, and 4H
Page 3 of 4
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, this 2nd day of December, 2019.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
____________________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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Resolution 5107, Modification of SILD 736, The Crossing 2 at Baxter Meadows Phases 4F, 4G, and 4H
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. 5107. entitled: A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT 736 (THE
CROSSING 2 AT BAXTER MEADOWS PHASES 4F, 4G & 4H ); 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. 5107 (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 December 2, 2019 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 3rd of December, 2019.
___________________________________
ROBIN CROUGH City Clerk
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M:\172708\Drawings\EXHIBITS\ELECTRICAL PLAN.dwgSLID #736 MODIFICATION MAP
PHASES 4F, 4G & 4H OF
THE CROSSING 2 AT BAXTER MEADOWS
EXHIBIT "A"
172708JOB NUMBER :
SHEET :
SCALE :AS NOTED
1 OF 10Feet200
DATE :10/08/2019
W E B : w w w . h y a l i t e e n g . c o m
2304 NORTH 7TH AVENUE STE. L B O Z E M A N , M T 5 9 7 1 8
P H O N E : ( 4 0 6) 5 8 7 - 2 7 8 1 F A X : ( 4 0 6 ) 5 2 2 - 9 2 2 5
SLID BOUNDARY
(4F, 4G & 4H BOUNDARY)
PHASE 4F
ORIGINAL SLID
#736 BOUNDARY
1
4
3
2 PHASE 4GPHASE 4HCATALOG # DMS50-40W49LED4K-ES-LE3F
DESCRIPTION: 17.5' POLE
LAMP: DMS50-ES-LE3F (WHITE, 40W, SSL C/W
ASVANCE DRIVER XITANIUM 48W24V @ 120v)
CATALOG # 1A-1527LED-F-12L30T_-MDL018-
FG-EZ/OMSPT(MOD)/2817.5P4/STD
DESCRIPTION: 17.5' POLE
LAMP:12L30T_-MDL018 (12 LED's, 61w, 3,000K)
CATALOG # 1A-1527LED-F-24L30T_-MDL014-
FG-EZ/OMSPT(MOD)/2820P4/STD
DESCRIPTION: 20' POLE
LAMP:24L30T_-MDL014 (24 LED's, 90w, 3,000K)
LUMINARE SCHEDULE
4
3
2
1
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SLID #736 MODIFICATION MAP
PHASES 4F, 4G & 4H OF
THE CROSSING 2 AT
BAXTER MEADOWS
LOT 4
MINOR SUB 400
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