HomeMy WebLinkAbout03-23-20 City Commission Packet Materials - A1. Res 5137 Mod SILD722 for Meadow Creek Phases 1 1A and 1B
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission FROM: Bernie Massey, Assistant Treasurer
Laurae Clark, Treasurer
Kristin Donald, Finance Director SUBJECT: Resolution 5137 / Modification of Special Improvement Lighting District 722 for Meadow Creek Phases 1, 1A and 1B
MEETING DATE: March 23, 2020
AGENDA ITEM TYPE: Action RECOMMENDATION: Adopt Commission Resolution No. 5137 / Modification of Special Improvement Lighting District 722 for Meadow Creek Phases 1, 1A and 1B. BACKGROUND: The Commission did on February 24, 2020 adopt Commission Resolution No. 5136 / Intent to Modify Special Improvement Lighting District 722 for Meadow Creek Phases 1, 1A and 1B as per MCA 7-12-4301. The property owners have 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 $45.92 per acre within the district or $2,549.28 annually for the entire district. The average sized lot is 7,030 square feet, which equates to an annual assessment of approximately $7.42 per lot per year.
ALTERNATIVES: As suggested by the City Commission. Attachments: Resolution No. 5137 Report compiled on: February 12, 2020
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COMMISSION RESOLUTION NO. 5137
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, MODIFYING LIGHTING DISTRICT NO. 722 MEADOW CREEK PHASES 1,
LOTS 8-15, BLOCK 5 & LOTS 14-18, BLOCK 9 TO ADD THE REMAINDER OF PHASE 1,
1A AND 1B TO THE EXISTING 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 February 24, 2020, adopted Resolution
No. 5136 (the “Resolution of Intention”), pursuant to which this Commission declared its intention
to modify a special lighting district, designated as Special Lighting District No. 722 (Meadow Creek
Phases 1, 1A and 1B) 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,
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Resolution 5137, Creation of SILD 722 – Meadow Creek
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posted and mailed in all respects in accordance with law, and on March 23, 2020, 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, two (2) 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. 722 Fund (the “Fund”). All money derived from the collection of the
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Resolution 5137, Creation of SILD 722 – Meadow Creek
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assessments as provided in Section 5 herein and the Act shall be deposited in the Fund and used to
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 23rd day of March, 2020.
___________________________________ CHRIS MEHL Mayor
ATTEST:
________________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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Resolution 5137, Creation of SILD 722 – Meadow Creek
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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.
5137 entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, MODIFYING LIGHTING DISTRICT NO. 722 MEADOW
CREEK PHASES 1, LOTS 8-15, BLOCK 5 & LOTS 14-18, BLOCK 9 TO ADD THE
REMAINDER OF PHASE 1, 1A AND 1B TO THE EXISTING 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, (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 March 23, 2020 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 24th day of March, 2020.
___________________________________
MIKE MAAS
City Clerk
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