HomeMy WebLinkAbout08-11-20 City Commission Packet Materials - A2. Res 5200 Dissolution of SILD 706 West Winds Subdiv Phase 4
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission FROM: Bernie Massey, Assistant Treasurer Laurae Clark, Treasurer
Kristin Donald, Finance Director
SUBJECT: Resolution No.5200 / Dissolution of Special Improvement Lighting District No.706 for West Winds Subdivision Phase 4, (contingent upon approval of Resolution No. 5172 to modify West Winds Subdivision Phases 6-8 to include Phase 4).
MEETING DATE: August 11, 2020
AGENDA ITEM TYPE: Action
RECOMMENDATION: Approve Commission Resolution No. 5200/Dissolution of Special Improvement Lighting District No.706 for West Winds Subdivision Phase 4(contingent upon approval of Resolution No. 5172 to modify West Winds Subdivision Phases 6-8 to include Phase
4).
BACKGROUND: The Commission did on July 13, 2020 approve Commission Resolution No. 5198 Intent to dissolve Special Improvement Lighting District No.706 for West Winds Subdivision Phase 4 as per MCA 7-12-4301. The property owners have been noticed of the
public hearing on this date. Dissolving this district (SILD No. 706) and combining it with SILD
No. 720 assists in streamlining the districts and fulfills the lighting requirements for the Spring Creek Inn Minor Subdivision #19510 which is required for final plat approval. FISCAL EFFECTS: As a result of dissolving this lighting district and upon approval of
Resolution 5172 to modify SILD No. 720, the City will gain efficiencies in managing one
lighting district for West Winds Phases 4 & 6-8. These phases are contiguous and share lights and power sources. ALTERNATIVES: As suggested by the City Commission.
Attachments: Resolution No. 5200 Report compiled on: July 23, 2020
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Page 1 of 3
RESOLUTION 5200
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DISSOLVING SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 706
(WEST WINDS PHASE 4), CONDITIONAL UPON APPROVAL OF RESOLUTION NO.
5172 TO MODIFY SPECIAL IMPROVEMENT DISTRICT NO. 720 (WEST WINDS
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 contiguous to one another and
share lights and power sources.
BE IT RESOLVED by the City Commission (the “Commission”) of the City of
Bozeman, Montana (the “City”), as follows:
Section 1
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Resolution 5200, Modification of SILD 720
Page 2 of 3
Notice of Passage of Resolution of Intention to Dissolve and Public Hearing on Protests. Notice of
the passage of the Resolution of Intention was duly published and mailed in all respects in
accordance with law, and on August 11, 2020, 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 “Protest Period”)
Section 2
Boundaries of District. The limits and boundaries of the District to be dissolved are those described
in Resolution No. 5198, the resolution of intention to dissolve SILD No. 706.
Section 3
Protests. Within the Protest Period, no protests were filed with the City Clerk.
Section 4 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.
PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, this 11th day of August, 2020. ___________________________ Chris Mehl ATTEST: Mayor ____________________________________ Mike Maas City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney
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Resolution 5200, Modification of SILD 720
Page 3 of 3
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.
5200. entitled: “A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, DISSOLVING SPECIAL IMPROVEMENT LIGHTING
DISTRICT NO. 706 (WEST WINDS PHASE 4), CONDITIONAL UPON APPROVAL OF
RESOLUTION NO. 5172 TO MODIFY SPECIAL IMPROVEMENT DISTRICT NO. 720
(WEST WINDS 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 at a meeting on August 11, 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 12th day of August, 2020.
___________________________________ Mike Maas City Clerk
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