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HomeMy WebLinkAboutSILD 673, Resolution 3559 (Harvest Creek Phase 5) COMMISSION RESOLUTION NO. 3559 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT NO. 673 (HARVEST CREEK, PHASE V); 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. BE IT RESOLVED by the City Commission (the "Commission") ofthe City of Bozeman, Montana (the "City"), as follows: Section 1. Passaae of Resolution of Intention. This Commission, on October 7,2002, adopted Resolution No. 3551 (the "Resolution of Intention"), pursuanttowhich this Commission declared its intention to create a special lighting district, designated as Special Lighting District No. 673 (Harvest Creek, Phase V) 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 Hearina. Notice of passage ofthe Resolution of Intention was duly published, posted and mailed in all respects in accordance with law, and on October 28, 2002, 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 Within the Protest Period, no protests were filed with the Clerk of the Commission and not withdrawn by the owners of property in the District subject to assessment. Section 4. Reduction in Number of liahtina Fixtures: Amendment to Resolution of Intention. One of the conditions to approval of the preliminary plat containing the District was the proper creation of a special improvement lighting district to finance the installation and maintenance of lighting fixtures in accordance with City standards. The original lighting plan for the District called for 13 lighting fixtures at a cost per fixture of $22.13 per month, which was noted in the Resolution of I ntention and notices relating thereto. Owing to a recently approved amendment to the lighting standards in the subdivision regulations of the City, the City's Department of Planning and Community Development concluded in a report dated October 24, 2002 that only eight lighting fixtures were needed for the District. The Commission duly noted the adjustment to the number of lighting fixtures at the public hearing referenced above. The cost per fixture for the eight lighting fixtures continues to be $22.13 per month. Accordingly, the per unit cost of the lighting fixtures remains unchanged, the total cost of the Improvements is reduced proportionately by the reduction in the number of lighting fixtures and such reduction conforms to a recently approved amendment to the City's subdivision regulations. All references in the Resolution of Intention to "thirteen (13) 250 watt high pressure sodium vapor street light fixtures" are hereby amended to read "eight (8) 250 watt high pressure sodium vapor street light fixtures" and the term "Fixtures" shall mean eight (8) of such fixtures. All references to "$287.69 per month" and "$3,452.28 per year" are hereby amended to read "$177.04 per month" and "$2,124.48 per year," respectively, and all references to "$0.009497" per square foot are hereby amended to read "$0.005844" per square foot for the purpose of calculating annual assessments. The resolution levying assessments shall be in accord with these amendments. Except as amended hereby, the Resolution of Intention remains unamended and in full force and effect. Section 5. 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, as amended hereby. The protests against the creation of the District or the making of the Improvements filed during the Protest Period, if any, are hereby found to be insufficient. The findings and determinations made in the Resolution of Intention, as amended hereby, are hereby ratified and confirmed. --,.,_._----- --.-----.-----..---- ---.--.-------.. ....-....-.-.-- -". ---..- Section 6. PreDaration and Lewina of Assessments. It shall be the duty of the Clerk of the Commission 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 Clerk of the Commission is authorized to provide notice of the resolution of assessment and schedule a public hearing therefor 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 7. Liahting District Fund Established. There is hereby created a fund to be known as the Special Lighting District No. 673 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, at a regular session thereof held on the 18th day of November 2002. sd;~ ATTEST: ~J~ ROBIN L. SULLIVAN Clerk of the Commission ..._._.....u..._ ---- --------- . .- ..-. -..-----. .--------- ..------..--. __._ .___n_.__