HomeMy WebLinkAbout11 17 08_Resolution No_ 4136, West Winds Phase 5 Special Improvement Lighting District #708
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Deanna Shannon, Special Assessment/SID Accounting Clerk
Chris Kukulski, City Manager
SUBJECT: Resolution 4136 / SILD #708 West Winds Sub Phase 5
MEETING DATE: November 17, 2008
RECOMMENDATION: Adopt Commission Resolution No. 4136
BACKGROUND: The attached resolution, Resolution 4136,
7-12-4301. Special improvement districts for lighting streets authorized. (1) The council of
any city or town is authorized to:
(a) create special improvement districts embracing any street or streets or public highway
therein or portions thereof and property adjacent thereto or property which may be declared by
said council to be benefited by the improvement to be made for the purpose of lighting such
street or streets or public highway;
(b) require that all or any portion of the cost of installing and maintaining such lighting
system be paid by the owners of the property embraced within the boundaries of such districts;
and
(c) assess and collect such portion of such cost by special assessment against said property.
(2) The governing body may create special lighting districts on any street or streets or public
highway for the purpose of lighting them and assess the costs for installation and maintenance to
property abutting thereto and collect the costs by special assessment against the property
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FISCAL EFFECTS: Once the lighting improvements are installed, the City will begin
paying the monthly energy bills. These costs will be passed on to the property owners in the
district through an annual assessment. We estimate the assessments in the district to total
$2,738.88 in the first year.
None
ALTERNATIVES: As suggested by the City Commission.
Respectfully submitted,
_____________________________ ______________________________
Deanna Shannon Chris A. Kukulski, City Manager
Special Assessment/SID Accounting Clerk
Report compiled on: November 10, 2008
Attached Documents: Resolution #4136
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COMMISSION RESOLUTION NO. 4136
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT NO. 706
(WEST WINDS SUBDIVISION PHASE 5); CREATING THE DISTRICT FOR
THE PURPOSE OF INSTALLING AND MAINTAINING LIGHTING
IMPROVEMENTS AND ASSESSING THE COSTS FOR INSTALLATION,
MAINTENANCE AND ENERGY THEREFOR TO BENEFITED 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 October 27, 2008, adopted Resolution No. 4134 (the “Resolution of
Intention”), pursuant to which this Commission declared its intention to create a special lighting district,
designated as Special Lighting District No. 708 (West Winds Subdivision Phase 5) 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, posted and mailed in all
respects in accordance with law, and on November 17, 2008, this Commission conducted a public
hearing on the creation 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, no 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 309
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. 708 Fund (the
“Fund”). All money derived from the collection of the 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 AND ADOPTED by the City Commission of the City of Bozeman, Montana, this
17th day of November 2008.
________________________________________
KAAREN JACOBSON
Mayor
ATTEST:
________________________________________
STACY ULMEN
City Clerk
APPROVED AS TO FORM:
________________________________________
TIM COOPER
Assistant City Attorney
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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. 4136, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT 708 (WEST WINDS
SUBDIVISION PHASE 5); CREATING THE DISTRICT FOR THE PURPOSE OF
INSTALLING AND MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE
COSTS FOR INSTALLATION, MAINTENANCE AND ENERGY THEREFOR TO
BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT. 4136 (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 November 17, 2008 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 November 17, 2008.
____________________________________
STACY ULMEN
City Clerk
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