HomeMy WebLinkAbout07-13-20 City Commission Packet Materials - C9. Res 5198 Intent to Dissolve SILD 706 Commission Memorandum
REPORT TO: Honorable Mayor and City Commission FROM: Bernie Massey, Assistant Treasurer Laurae Clark, City Treasurer Kristin Donald, Finance Director
SUBJECT: Resolution No. 5198 / Intent to Dissolve Special Improvement Lighting District #706 for West Winds Subdivision Phases 4 MEETING DATE: July 13, 2020
AGENDA ITEM TYPE: Consent RECOMMENDATION: Approve Commission Resolution No. 5198/Intent to Dissolve Special Improvement Lighting District No. 706 for West Winds Subdivision Phases 4
BACKGROUND: 7-12-4311. Termination of special improvement lighting district. If at any time after the creation of a special improvement lighting district a petition is presented to the city or town council, signed by the owners or agents of more than three-fourths of the total amount of property within the district, asking that the maintenance and operation of the special lighting system and the
furnishing of electrical current in the district be discontinued, or if a majority of the city or town council votes to discontinue a special improvement lighting district, the city or town council shall, by resolution, provide for discontinuing the maintenance and operation of the lighting system. If the council has, prior to the presentation of a petition or by a majority vote of the council to discontinue the district, entered into any contract for the maintenance and operation of the lighting system, the
maintenance and operation may not be discontinued until after the expiration of the contract. FISCAL EFFECTS: Dissolving this lighting district, contingent upon approval of the Modification of Lighting District No. 720 (West Winds Phase 6-8) to include Phase 4 (Resolution No. 5171), will assist the City in more effectively billing the benefitted properties and paying the associated power bills and scheduling system maintenance, due to the fact that the phases are adjacent to each other and
share lights and power sources.
ALTERNATIVES: As suggested by the City Commission. Attachment: Resolution No.5198 Report compiled on: July 2, 2020
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Page 1 of 8
COMMISSION RESOLUTION NO. 5198
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO.
706 (PHASE 4 OF WEST WINDS); DECLARING IT TO BE THE INTENTION OF THE
CITY COMMISSION TO DISSOLVE THE DISTRICT CONDITIONAL ON APPROVAL
OF RESOLUTION NO. 5171 TO MODIFY SPECIAL IMPROVEMENT DISTRICT 720,
(PHASES 6-8) TO INCLUDE WEST WINDS PHASE 4.
WHEREAS, the City Commission created Special Improvement District No. 706
(“SILD 706” or “the district”) on August 25, 2008 by Resolution No. 4120 for the purpose of
assessing the costs for maintenance and energy for Phase 4 of West Winds Subdivision; and
WHEREAS, the Resolution of Intention to create SILD No. 706, Resolution No. 4118,
describes the boundaries of the District and the particulars of the Improvements to be undertaken;
and
WHEREAS, SILD No. 706 has not yet been assessed to the properties within West
Winds Phase 4; and
WHEREAS, the Bozeman City Commission desires to dissolve SILD No. 706 in order
to more effectively assess the properties benefitting from the improvements by combining it with
SILD No. 720 (West Winds Subdivision Phases, 6-8). These phases are adjacent to one another
and share lights and power sources.
NOW, THEREFORE, BE IT RESOLVED by the City Commission (the
“Commission”) of the City of Bozeman (the “City”), Montana, as follows:
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Resolution 5198, Intent to Dissolve Lighting District 706
Page 2 of 8
Section 1
Intention to Dissolve. It is the Intent of the Commission to dissolve SILD No. 706 conditional
upon approval of the Intent to Modify SILD No. 720.
Section 2
Boundaries of District. The limits and boundaries of the District are depicted on a map attached
as Exhibit A hereto (which is hereby incorporated herein and made a part hereof), which
boundaries are designated and confirmed as the boundaries of the District. A listing of each of the
properties in the District is shown on Exhibit B hereto (which is hereby incorporated herein and
made a part hereof).
Section 3
Discontinuation of District. If at any time after the initial term of the District a petition is presented
to the City Commission, signed by the owners or agents of more than three-fourths of the total
amount of property within the District, asking that the maintenance and operation of the special
lighting system and the furnishing of electrical current in the district be discontinued, or if a
majority of the City Commission votes to discontinue the District, the City Commission shall, by
resolution, provide for discontinuing the maintenance and operation of the lighting system.
Section 9
Public Hearing; Protests. At any time within fifteen (15) days from and after the date of the first
publication of the notice of the passage and approval of this resolution, any owner of real property
within the District subject to assessment and taxation for the cost and expense of maintenance and
energy may make and file with the City Clerk until 5:00 p.m., M.T., on the expiration date of said
15-day period (Monday, August 3, 2020) written protest against the proposed dissolution of the
District, and this Commission will at its next regular meeting after the expiration of the fifteen (15)
days in which such protests in writing can be made and filed, proceed to hear all such protests so
made and filed; which said regular meeting will be held on Tuesday, August 11, 2020 in the
Commission Room at City Hall, 121 N Rouse Avenue.
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Resolution 5198, Intent to Dissolve Lighting District 706
Page 3 of 8
Section 10
Notice of Passage of Resolution of Dissolution. The City Clerk is hereby authorized and directed
to publish or cause to be published a copy of a notice of the passage of this resolution in the
Bozeman Daily Chronicle, a newspaper of general circulation in the county on July 19, 2020 and
July 26, 2020, in the form and manner prescribed by law, and to mail or cause to be mailed a copy
of said notice to every person, firm, corporation, or the agent of such person, firm, or corporation
having real property within the District listed in his or her name upon the last completed assessment
roll for state, county, and school district taxes, at his last-known address, on or before the same
day such notice is first published.
PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana,
at a regular session thereof held on the 13th of July, 2020.
___________________________________
CHRIS MEHL Mayor
ATTEST:
____________________________________
MIKE MAAS City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
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Resolution 5198, Intent to Dissolve Lighting District 706
Page 4 of 8
City Attorney
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Resolution 5198, Intent to Dissolve Lighting District 706
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.
5198, entitled: “THE RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT
NO. 706 (PHASE 4 OF WEST WINDS); DECLARING IT TO BE THE INTENTION OF THE
CITY COMMISSION TO DISSOLVE THE DISTRICT CONDITIONAL ON APPROVAL OF
RESOLUTION NO. 5171 TO MODIFY SPECIAL IMPROVEMENT DISTRICT 720, (PHASES
6-8) TO INCLUDE WEST WINDS PHASE 4.” (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 of Bozeman at a meeting on July 13, 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 14th day of July, 2020.
___________________________________
MIKE MAAS City Clerk
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Resolution 5198, Intent to Dissolve Lighting District 706
TO DISSOLVE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 706
(WEST WINDS SUBDIVISION PHASE 4) CONDITIONAL UPON APPROVAL OF THE
MODIFICATION OF SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 720
(WEST WINDS PHASE 6-8) TO INCLUDE PHASE 4.
CITY OF BOZEMAN, MONTANA
NOTICE IS HEREBY GIVEN that on July 13, 2020, the City Commission (the
“Commission”) of the City of Bozeman, Montana (the “City”), adopted a Resolution No. 5198 to
Dissolve Special Improvement Lighting District No. 706 (the “District”) for the purpose of
maintaining lighting and assessing the cost for maintenance and energy to West Winds Subdivision
Phase 4, and paying maintenance and energy costs relating thereto, conditional upon approval of
Resolution No. 5171 to Modify Special Improvement Lighting District No. 720 (West Winds 6-8)
to include Phase 4.
A complete copy of the Resolution of Dissolution (the “Resolution”) No. 5198 is on file
with the City Clerk which more specifically describes the nature of the boundaries and the area
included in the District, the location of the Improvements and other matters pertaining thereto and
further particulars. A list of properties in the District accompanies this notice. The Resolution and
accompanying exhibits may be also viewed on the City’s website at www.bozeman.net.
On Tuesday, August 11, 2020, at 6:00 p.m., in the Commission Room at City Hall
121 N Rouse Ave, Bozeman, Montana, the City Commission will conduct a public hearing to
hear and pass upon all written protests against the creation or extension of the District, or
the Improvements.
Written protests against the dissolution of the District may be filed by an agent, person,
firm or corporation owning real property within the proposed District whose property is liable to
be assessed for the costs. Such protests must be delivered to the City Clerk at City Hall, 121 N
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Resolution 5198, Intent to Dissolve Lighting District 706
Rouse Ave, Bozeman, Montana not later than 5:00 p.m., M.T., on Monday, August 3, 2020.
Further information regarding the proposed District or other matters in respect thereof
may be obtained from the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana or by
telephone at (406) 582-2320.
Dated: July 14, 2020
BY ORDER OF THE CITY COMMISSION
OF THE CITY OF BOZEMAN, MONTANA
_________________________________________
MIKE MAAS City Clerk
Legal Ad
Publication Dates: Sunday, July 19, 2020 & Sunday, July 26, 2020
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Resolution 5198, Intent to Dissolve Lighting District 706
COMMISSION RESOLUTION NO. 5198
Resolution of Intent to Dissolve SILD No. 706 for the purpose of maintaining lighting
and assessing the cost for maintenance and energy to West Winds Subdivision Phase 4, upon
conditional approval of the Resolution of Intent to Modify SILD No. 720 to include West Winds
Subdivision Phase 4.
AFFIDAVIT OF MAILING
STATE OF MONTANA )
: ss
County of Gallatin )
MIKE MAAS, City Clerk, being first duly sworn, says:
That I deposited a copy of the Notice in regards to the owners in Special Improvement
Lighting District No. 706, as listed in Exhibit "B", in the U.S. Post Office at Bozeman, Montana,
on Friday, July 17, 2020, directed to the owners at the addresses shown on Exhibit "B".
______________________________
MIKE MAAS City Clerk
Subscribed and sworn before me this 17th day of July, 2020.
(Notarial Seal)
_______________________________
Printed name ___________________
Notary Public for the State of Montana
Residing at: see seal
My Commission expires: see seal
107
108
LID Phase Block Lot Address Sq Ft Owner Mailing Address City State Zip
251420 4 1 4 1685 WINDWARD AVE UNIT A 5,338 DENNY STEVE L 1685 WINDWORD AVE UNIT A BOZEMAN MT 59718-3403
251520 4 1 4 1685 WINDWARD AVE UNIT B 5,338 EVANS, MELISSA 1685 WINDWORD AVE UNIT B BOZEMAN MT 59718-34032509004143090 WINTER PARK ST UNIT B 5,338 DRUCKENMILLER CRAIG G & JANICE M 147 LONGHORN SPUR RD BELGRADE MT 597142509104143090 WINTER PARK ST UNIT A 5,338 DRUCKENMILLER CRAIG G & JANICE M 147 LONGHORN SPUR RD BELGRADE MT 59714
251600 4 1 4 3070 WINTER PARK ST UNIT B 5,338 MINES SARA 3070 WINTER PARK ST UNIT B BOZEMAN MT 59718-34042516104143070 WINTER PARK ST UNIT A 5,338 ROBINSON, SUSAN M & ADRIENNE D ARNOLD 900 RIDGEMONT RD CHARLESTON WV 253142516204143040 WINTER PARK ST UNIT B 5,338 FABIAN LISA 3040 WINTER PARK ST UNIT B BOZEMAN MT 59718-3404
251630 4 1 4 3040 WINTER PARK ST UNIT A 5,338 COOPER DOUGLAS DRURY 3040 WINTER PARK ST UNIT A BOZEMAN MT 59718-3404
251820 4 1 4 3055 BREEZE LN UNIT A 5,338 HILL STERLING RICHARD NATHAN 3055 BREEZE LN UNIT A BOZEMAN MT 59718-34022515504143095 BREEZE LN UNIT B 5,338 BRODY FLATS LLC 3 PARK PLAZA RD BOZEMAN MT 59715-93432515604143095 BREEZE LN UNIT A 5,338 BRODY FLATS LLC 3 PARK PLAZA RD BOZEMAN MT 59715-9343
240310 4 1 4 1620 NEW HOLLAND DR 3,780 KESSEL AARON & TRACY 35010 HIGHWAY 23 SIDNEY MT 59270-9525
251650 4 1 4 1640 NEW HOLLAND DR UNIT A 5,338 CHIEF JOJO LLC 3 PARK PLAZA RD BOZEMAN MT 59715-93432516404141640 NEW HOLLAND DR UNIT B 5,338 CHIEF JOJO LLC 3 PARK PLAZA RD BOZEMAN MT 59715-9343
240360 4 1 4 1650 NEW HOLLAND DR 6,532 RALPH KATHLEEN A 1650 NEW HOLLAND DR BOZEMAN MT 59718-3401
240370 4 1 4 1660 NEW HOLLAND DR 3,780 SYVERSON SHYLA 1660 NEW HOLLAND DR BOZEMAN MT 59718-34012517804141625 WINDWARD AVE UNIT A 5,338 HORLACHER JESS & ANDREA 211 LINNEY SPUR RD BOZEMAN MT 59718-74672517904141625 WINDWARD AVE UNIT B 5,338 1625W LLC 104 E MAIN ST STE 401 BOZEMAN MT 59715-4787
240100 4 1 4 3005 BREEZE LN 3,780 KRAUSE DONNA M & MEGHAN E 3005 BREEZE LN BOZEMAN MT 59718-3402
251810 4 1 4 3035 BREEZE LN UNIT A 5,338 WILSON, KYLE 3035 BREEZE LN STE A BOZEMAN MT 59718-34022518004143035 BREEZE LN UNIT B 5,338 ARMSTRONG JOHN D II & LOIS M 3035 BREEZE LN STE B BOZEMAN MT 59718-67962401404143065 BREEZE LN 3,780 MESA CANYON LLC 1 BLUE SAGE LITTLETON CO 80127
251830 4 1 4 3055 BREEZE LN UNIT B 5,338 WOMACK JOSEPH V & KAREN H 3091 PARKHILL DR BILLINGS MT 59710-20002517604141665 WINDWARD AVE UNIT A 5,338 SMIT TERRY & MARGARET DENISE 4918 GREEN RUN CT RICHMOND VA 23228-63032517704141665 WINDWARD AVE UNIT B 5,338 SHANK, SCOT & MAC 104 E MAIN ST STE 401 BOZEMAN MT 59715
240080 4 1 4 1635 WINDWARD AVE 6,532 MUZYNOSKI JIM M & DENISE A 45 SNOW CREEK DR BOZEMAN MT 59718-7100
240120 4 1 4 3045 BREEZE LN 6,532 HUBER APRIL & CASEY BENNET 3045 BREEZE LN BOZEMAN MT 59718-34022070104211641 N HUNTERS WAY 152,229 VTR SPRING CREEK INN LLC ALTUS GROUP/VENTAS #7312 PHOENIX AZ 85050-10172069404311680 HUNTERS WAY 6,679 KESSENICH ANDREW P & CARY C 1680 HUNTERS WAY BOZEMAN MT 59718-6194
206930 4 3 2 1662 HUNTERS WAY 6,679 ROGERS GLENNIS D 50 MEAGHER AVE BOZEMAN MT 59718-62232069204331648 HUNTERS WAY 6,679 GOODHARD WILLIAM B & UND 60% INT 1648 HUNTERS WAY BOZEMAN MT 59718-61942069104341622 HUNTERS WAY 6,679 CONWELL KEVIN M & BARBARA M 1622 HUNTERS WAY BOZEMAN MT 59718-6194
206900 4 3 5 1604 HUNTERS WAY 6,736 PLUMB TOM & GAIL 1604 HUNTERS WAY BOZEMAN MT 59718-6194
Total Square Footage 327,157
West Winds Subdivision Phase 4
SILD No. 706
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