HomeMy WebLinkAboutResolution No. 4280, Final Creation of Special Impovement District 710, J&D Family Subdivision.pdf
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Deanna Shannon, Special Assessment/SID Accounting Tech
Laurae Clark, City Treasurer
Chris Kukulski, City Manager
SUBJECT: Resolution 4280 / Final Creation of Special Improvement Lighting District #710
for J & D Family Subdivision
MEETING DATE: September 13, 2010
AGENDA ITEM TYPE: Action
RECOMMENDATION: Approve Commission Resolution No. 4280/Final Creation of Special
Improvement Lighting District #710 for J & D Family Subdivision.
BACKGROUND: 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
FISCAL EFFECTS: As a result of creating this lighting district, the City will pay the associated
power bills and schedule system maintenance. We will recover these costs by billing property owners
each year on their City Assessment bill. It is estimated to cost $21.32 per property on an average size
lot of 7,500 or $3,095.68 in total for the District for the year.
ALTERNATIVES: As suggested by the City Commission.
Attachment: Resolution No.4280
Memo compiled on: September 2, 2010
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COMMISSION RESOLUTION NO. 4280
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT NO. 710 (J
& D FAMILY SUBDIVISION); CREATING THE DISTRICT FOR THE
PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND
ASSESSING THE COSTS FOR MAINTENANCE AND ENERGY
THEREFOR TO BENEFITTED 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 16, 2010, adopted
Resolution No. 4275 (the “Resolution of Intention”), pursuant to which this Commission declared its
intention to create a special lighting district, designated as Special Lighting District No. 710 (J & D
Family Subdivision) 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 20, 2010, 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 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
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the City Treasurer.
Section 6
Lighting District Fund Established. There is hereby created a fund to be known as the Special
Lighting District No. 710 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.
APPROVED by the City Commission of the City of Bozeman, Montana, this 13th day of
September 2010.
______________________________________
JEFFREY K. KRAUSS
Mayor
________________________________
STACY ULMEN, CMC
City Clerk
_______________________________________
GREG SULLIVAN
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. 4280, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT 710 (J & D FAMILY
SUBDIVISION); CREATING THE DISTRICT FOR THE PURPOSE OF MAINTAINING
LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR MAINTENANCE AND
ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL
ASSESSMENT. 4280 (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 September 13,
2010 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 September 13, 2010.
____________________________________
Stacy Ulmen, CMC
City Clerk
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