HomeMy WebLinkAbout08 25 2008_Resolution No. 4120, Final Creation of Special Improvement Lighting District No. 706, West Winds Subdivision Phase 4
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Deanna Shannon, Special Assessment/SID Accounting Clerk
Chris Kukulski, City Manager
SUBJECT: Resolution 4120 / SILD #706 West Winds Sub Phase 4
MEETING DATE: August 25, 2008
RECOMMENDATION: Adopt Commission Resolution No. 4120
BACKGROUND: The attached resolution, Resolution 4120,
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
$487.92 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: August 19, 2008
Attached Documents: Resolution #4120
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COMMISSION RESOLUTION NO. 4120
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT
LIGHTING DISTRICT NO. 706 (WEST WINDS SUBDIVISION
PHASE 4); 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 August 4, 2008,
adopted Resolution No. 4118 (the “Resolution of Intention”), pursuant to which this Commission
declared its intention to create a special lighting district, designated as Special Improvement
Lighting District No. 706 (West Winds Subdivision Phase 4) 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 August 25,
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 Monday in
October.
The City Clerk is authorized to provide notice of the resolution of assessment and
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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 Improvement Lighting District No. 706 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 25th day of August 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. 4120, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT
LIGHTING DISTRICT NO. 706 (WEST WINDS SUBDIVISION PHASE 4); 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. 4120 (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 25, 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 August 25, 2008.
__________________________________
STACY ULMEN
City Clerk
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