HomeMy WebLinkAboutResolutions 5648 - Creation of SID 789 for financeing wastewater improvements to Riverside Community
RESOLUTION NO. 5648
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 789 (RIVERSIDE NEIGHBORHOOD); CREATING THE
DISTRICT FOR THE PURPOSE OF UNDERTAKING CERTAIN LOCAL IMPROVEMENTS AND FINANCING THE COSTS THEREOF AND INCIDENTAL THERETO THROUGH THE ISSUANCE OF SPECIAL IMPROVEMENT DISTRICT BONDS SECURED BY THE CITY'S SPECIAL IMPROVEMENT DISTRICT REVOLVING FUND
WHEREAS, the wastewater treatment facilities of Riverside County Water and Sewer
District No. 310 (“Riverside”) are out of compliance with applicable laws, rules, and regulations;
and
WHEREAS, the Board of Directors of Riverside concluded that the preferred alternative
for addressing Riverside’s wastewater treatment shortcomings was to connect its sewer collection
system to the City’s Water Reclamation Facility; and
WHEREAS, as a condition to connecting to the City’s Water Reclamation Facility, the
City required Riverside to be annexed into the City limits; and
WHEREAS, Riverside, through its Board of Directors and a number of the owners of lots,
tracts, and parcels within Riverside, voluntarily petitioned for annexation into the City and
voluntarily petitioned for the creation of a special improvement district for the purpose of financing
the costs of the public wastewater infrastructure that connects Riverside’s sewer collection system
to the City’s Water Reclamation Facility; and
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WHEREAS, as a part of the petition to annex and petition to create a special improvement
district, the petitioners, among other things, consented to annexation and the creation of the special
improvement district and waived their right to protest all matters pertaining thereto; and
WHEREAS, the Riverside Neighborhood was annexed to the City pursuant to Resolution
No. 5355; and
WHEREAS, on November 19, 2024, the City Commission (the “Commission”) of the City
of Bozeman, Montana (the “City”) adopted Resolution No. 5647 (the “Resolution of Intention”),
stating its intent to create Special Improvement District No. 789 (the “District”) to finance the
costs of certain improvements in and serving the District as described in the Resolution of Intention
(the “Improvements”); and
WHEREAS, on November 23, 2024 and November 30, 2024, the City Clerk caused to be
published a Notice of Passage of the Resolution of Intention to Create SID No. 789 and mailed the
notice to each person, firm, or corporation or the agent of the person, firm or corporation having
real property within the proposed District; and
WHEREAS, the Bozeman City Commission conducted a public hearing on timely protests
to the creation of the District on December 17, 2024 and passed on all such protests, finding as set
forth below the written protests not sufficient to bar the Commission from proceeding with creation
of the District.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, as follows:
Section 1
Passage of Resolution of Intention. This Commission, on November 19, 2024, adopted the
Resolution of Intention, pursuant to which this Commission declared its intention to create the
District, under Montana Code Annotated, Title 7, Chapter 12, Parts 41 and 42, as amended (the
“Act”), for the purpose of financing costs of the Improvements, and paying costs incidental thereto,
including costs associated with the sale and the security of special improvement district bonds
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drawn on the District (the “Bonds”), the creation and administration of the District, and the funding
of a deposit to the City's Special Improvement District Revolving Fund (the “Revolving Fund”).
Section 2
Notice of Passage of the Resolution of Intention and Public Hearing on Protests. Notice of
passage of the Resolution of Intention was duly published on November 23, 2024 and November
30, 2024 and mailed in accordance with the Act, and on December 17, 2024, this Commission
conducted a public hearing on written protests submitted timely by property owners against the
creation of the District and the making of the Improvements. The public hearing occurred on the
date of the first regular meeting of the Commission following the expiration of the period ended
17 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, the City received no protests from the owners of properties
subject to assessment.
Section 4
Creation of the District; Insufficiency of Protests, Revolving Fund. The Commission
determines the District is hereby created on the terms and conditions set forth herein and otherwise
in accordance with the Resolution of Intention. The protests against the creation of the District or
the making of the Improvements filed during the Protest Period are hereby found to be insufficient.
The findings and determinations made in the Resolution of Intention, including, without limitation,
those relating to consents and waivers made by owners of properties in the District in connection
with the annexation proceedings; benefits conferred; the assessment methodology; and costs
associated with the Improvements, the sale and the security of the Bonds, the creation and
administration of the District, and the funding of a deposit to the Revolving Fund, are hereby
ratified and confirmed.
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PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, this 17th day of December, 2024.
____________________________________ TERENCE CUNNINGHAM Mayor
ATTEST:
___________________________________ MICHAEL MAAS City Clerk APPROVED AS TO FORM:
___________________________________ GREG SULLIVAN City Attorney
(SEAL)
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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. 5648, entitled: “A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT
DISTRICT NO. 789 (RIVERSIDE NEIGHBORHOOD); CREATING THE DISTRICT
FOR THE PURPOSE OF UNDERTAKING CERTAIN LOCAL IMPROVEMENTS AND
FINANCING THE COSTS THEREOF AND INCIDENTAL THERETO THROUGH THE
ISSUANCE OF SPECIAL IMPROVEMENT DISTRICT BONDS SECURED BY THE
CITY'S SPECIAL IMPROVEMENT DISTRICT REVOLVING FUND” (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 17, 2024, 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 Commission Members voted in favor thereof: _______________________________
____________________________________________; voted against the same:_____________
______________________________________________________; abstained from voting
thereon:_________________________________________________________; or were absent:
__________________________________________________________.
WITNESS my hand officially this 17th day of December, 2024.
(SEAL) MICHAEL MAAS City Clerk
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Terence Cunningham, Joey Morrison
Douglas Fischer, Emma Bode
Jennifer Madgic