HomeMy WebLinkAbout06-01-20 City Commission Packet Materials - C18. Res 5180 Ordering Creation of Boz Parks and Trails Special DistrictPage 1 of 2
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Greg Sullivan, City Attorney
Mitch Overton, Director of Parks & Recreation
SUBJECT: Resolution 5180 – Ordering the Creation of the Bozeman Parks
and Trails Special District Pursuant to the Referendum Held on
May 5, 2020
MEETING DATE: June 1, 2020
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Adopt Resolution 5180.
BACKGROUND:
On May 5, 2020, the electors of the city of Bozeman approved the referendum to create the
Bozeman Parks and Trails Special District. The Commission ordered the referendum through
Resolution 5053 on December 2, 2019. Background materials for the Park and Trails Special
District (the “District”) can be found here. The materials from December 2, 2019 contain links to
historic materials related to the need for and creation of the District.
The May 5, 2020 election resulted in a majority vote in favor of creation of the District. The
election results were canvassed and the final vote was 6101 votes in favor of creation of the District
and 3846 votes opposed.
Pursuant to 7-11-1013, MCA, the Commission must adopt a resolution ordering the creation of the
District in accordance with the terms of the referendum no later than 30 days after approval of the
referendum. This Resolution contains the required order.
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NEXT STEPS: As you will notice from the Resolution, the City must contact the Montana
Department of Revenue with specific information. In addition, City staff are working on
implementation and budget measures related to the District.
UNRESOLVED ISSUES: None identified.
FISCAL EFFECTS: As previously noted in meetings before the Commission.
ALTERNATIVES: None identified.
Attachments:
• Resolution 5180 (including Exhibits A and B).
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COMMISSION RESOLUTION NO. 5180
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, ORDERING THE CREATION OF A PARKS
AND TRAILS SPECIAL DISTRICT WITHIN THE INCORPORATED
LIMITS OF THE CITY OF BOZEMAN, MONTANA PURSUANT TO
THE RESULTS OF THE MAY 5, 2020 ELECTION
NOW THEREFORE BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, as follows:
Section 1
Legislative Findings/Necessity for the District:
1. The City of Bozeman, Montana (the “City”) is a self-governing municipality organized and
existing pursuant to its Charter and the laws of the State of Montana.
2. The Bozeman City Commission (the “Commission”) is authorized by Montana Code
Annotated (“MCA”) Title 7, Chapter 11, Part 10, to create special districts to serve the
inhabitants of the special district.
3. Pursuant to 7-11-1003(1)(a)(ii), MCA, the Commission ordered a referendum be held on
the question of creation of a special district.
4. The election to create the Parks and Trails Special District was conducted on May 5, 2020
and, pursuant to a May 15, 2020 certification from the Gallatin County Elections
Administrator, the question of creating the District passed by a majority vote (attached as
Exhibit A).
5. The Montana Secretary of State issued a Certificate of Incorporation pursuant to 7-11-1-
1012, MCA on May 22, 2020 (attached as Exhibit B).
Section 2
Ordering Creating the District.
The City Commission hereby incorporates into this Order the provisions of Resolution 5053 and
further orders the creation of the Parks and Trails Special District in accordance with the terms of
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Resolution 5180 (Ordering the Creation of Parks & Trail Special District)
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the referendum and Resolution 5053.
Section 3
Additional Measures.
The City Manager is hereby requested to, within sixty (60) days of May 5, 2020, and no later
than July 5, 2020 provide the following to the Montana Department of Revenue:
a. A legal description of the District;
b. A map of the District boundaries;
c. A list of the property taxpayers or owners of real property within the District
boundaries;
d. A copy of the resolution establishing the District pursuant to subsection 3 of this
Section.
The City requests upon submittal, that the Montana Department of Revenue review the information
provided and work with the City to identify and correct any discrepancies before the information
is recorded by the Department.
PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana,
at a regular session thereof held on the 1st day of June, 2020.
___________________________________
CHRIS MEHL, Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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