HomeMy WebLinkAboutResolution 4413, Creation of Special Improvement Lighting District 714, Southbridge, Ph 1 Commission Memorandum
REPORT TO: Honorable Mayor and City Commission FROM: Laurae Clark, Treasurer
Anna Rosenberry, Administrative Services Director
SUBJECT: Resolution #4413 / Creation of Special Improvement Lighting District #714 for Southbridge Subdivision Ph
MEETING DATE: October 15, 2012
AGENDA ITEM TYPE: Action
RECOMMENDATION: Approve Commission Resolution No. 4413/Creation of Special
Improvement Lighting District #714 for Southbridge Subdivision Ph 1
SUGGESTED MOTION: Motion to approve Commission Resolution No. 4413 which creates
a Special Improvement Lighting District #714 for Southbridge Subdivision Ph 1.
BACKGROUND: The Commission did on September 24, 2012 approve Commission Resolution No. 4391/Intent to create Special Improvement Lighting District #714 for
Southbridge Subdivision Ph 1 as per MCA 7-12-4301. The property owner has been noticed of
the public hearing on this date. Creating a lighting district is a requirement of final plat approval.
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 $45.61 per acre
within the district or $320.16 annually for the entire district.
Attachments: Resolution No. 4413 Report compiled on: September 27, 2012
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COMMISSION RESOLUTION NO. 4413
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO LIGHTING DISTRICT NO. 714 (SOUTHBRIDGE
PHASE I); CREATING THE DISTRICT FOR THE PURPOSE OF
MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS
OF 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 September 24, 2012, adopted
Resolution No. 4391 (the “Resolution of Intention”), pursuant to which this Commission declared its
intention to create a special lighting district, designated as Special Lighting District No. 714 (Southbridge
Phase I) 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 October 15, 2012, 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 the City Treasurer.
Section 6. Lighting District Fund Established. There is hereby created a fund to be known as the
Special Lighting District No. 714 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.
294
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, this 15th
day of October, 2012.
________________________________________
SEAN A BECKER
ATTEST: Mayor
____________________________________
STACY ULMEN, CMC
City Clerk APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
295
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. 4413.
entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO LIGHTING DISTRICT 714 (SOUTHBRIDGE PHASE I); 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. 4413 (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 October 15, 2012 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 15th day of October, 2012.
____________________________________
STACY ULMEN, CMC
City Clerk
296
297
Block 1 Lot Sq ft
1 8,597
2 8,060
3 8,078
4 8,100
5 8,100
Block 2
1 8,815
2 8,100
3 8,100
4 8,100
5 8,100
6 8,100
7 8,698
8 8,329
9 8,518
10 8,512
11 8,509
12 8,504
13 8,583
14 8,314
Block 3 Lot
1 8,868
2 7,900
3 7,900
4 7,900
5 7,900
6 7,900
7 8,848
Block 4 Lot
1 47,207
Block 5 Lot
1 43,005
Total Assessable
Square Footage 305,645
Open Space 27,600
Shady Lane Public Park 24,134
Non Assessable
Square Footage 51,734
Bozeman, MT 59715
Exibit B
Southbridge Subdivision Ph 1
Ownership:
Holyoke IV Inc.
Andy Holloran
603 S Willson Ave
298