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HomeMy WebLinkAboutApprove Resolution 4475, Levying Annual Lighting Maintenance Districts, FY2014 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Carol Neibauer, Assistant Treasurer Laurae Clark, City Treasurer Anna Rosenberry, Administrative Services Director SUBJECT: Resolution 4475 / Annual Lighting Assessments for FY14 MEETING DATE: September 23, 2013 AGENDA ITEM TYPE: Action RECOMMENDATION: Adopt Commission Resolution No. 4475 BACKGROUND: The city pays the associated power bills and scheduled system maintenance for all lighting districts. We then recover the costs paid by the city in the previous fiscal year by assessing property owners in each of the lighting districts for their proportionate share. MCA 7-12-4328. Resolution to provide for assessment of costs of installation. (1) It shall be the duty of the city or town council to ascertain the cost of installing such lighting system and, on or before the first Monday in October, to pass and finally adopt a resolution levying and assessing all of the property embraced within said district with all or any portion of the entire cost of installing the same; each lot or parcel of land in said district to be assessed in accordance with the method adopted by the city council as provided in 7-12-4321 through 7-12-4324. (2) Any such resolution shall contain a list in which shall be described each lot or parcel of land, either the total number of square feet of property contained therein or the total number of linear feet abutting the improvements as may be required to determine the total assessment in the district, and the amount levied against each lot or parcel of land set opposite. (3) Such resolution, signed by the mayor and city clerk, shall be kept on file in the office of the city clerk. FISCAL EFFECTS: The amount that will be assessed for all Special Improvement Lighting Districts for FY14 is $365,688.20 160 ALTERNATIVES: As suggested by the City Commission. Attachments: Resolution 4475 Memo compiled on: September 6, 2013 161 COMMISSION RESOLUTION NO. 4475 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING MAINTENANCE AND ELECTRICAL CURRENT COSTS FOR SPECIAL IMPROVEMENT LIGHTING MAINTENANCE DISTRICTS OF THE CITY OF BOZEMAN. WHEREAS, certain lighting maintenance districts have been created with the City of Bozeman and; WHEREAS, state law provides for assessing the costs of maintaining lights and furnishing electrical current annually within these lighting maintenance districts and; WHEREAS, Section 7-12-4332, M.C.A. provides that the City shall pass a resolution levying and assessing maintenance costs. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, as follows: Section 1 Districts and Assessments The lighting maintenance districts and assessments to defray one hundred percent (100%) of all the costs of maintenance and lighting are hereby levied and assessed against the property and several lots, pieces and parcels thereof within the lighting maintenance districts as listed and described on Schedule “A” and Schedule “B”, attached hereto, and by this reference, said schedules are made a part hereof. Section 2 Lot or Parcel Description That a particular description of each lot, piece, or parcel of land with the name of the owner thereof, the total number of square feet of said property and the sum assessed and levied against such property and owner, or either, is set forth in the Schedule of each district as specified and identified in Schedule “B”. Section 3 Period of Assessment That said assessment is to defray costs for Fiscal Year 2014 (July 1, 2013 through June 30, 2014). Section 4 Disposition of Collections That the assessments as collected shall be placed in the respective lighting maintenance funds and shall be used to defray the cost of maintenance and lighting as provided by law. 162 Section 5 Notice of Hearing That the regular meeting of the Commission of the City of Bozeman to be held on the 23rd day of September, 2013 at 6:00 p.m., at the Commission Room, City Hall, 121 N Rouse Ave., in the City of Bozeman, be designated as the time and place at which objections to the final approval of this Resolution will be heard and considered by said Commission. Section 6 Notice That the City Clerk of the City of Bozeman, is hereby ordered and directed to publish in the Bozeman Daily Chronicle, a daily newspaper printed and published in said City of Bozeman, a notice signed by said Clerk as such, which notice shall state that this Resolution levying and assessing the several amounts set forth in the schedule attached hereto and made a part of as aforesaid and for the purposes herein will be passed and approved by the Commission of the City of Bozeman and is on file in the office of said City Clerk; that said Notice shall be so published, and such publication shall be made not less than five (5) days before the date set by the Commission for hearing of objections and the final approval this Resolution. Section 7 Certification The City Clerk is hereby directed upon final passage and approval of this resolution to certify a copy thereof to the City Finance Director of the City of Bozeman, Montana, as provided by law. PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 23rd day of September, 2013. __________________________________________ SEAN A. BECKER Mayor ATTEST: ____________________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 163 Notice to City Residents HEARING ON FINAL ADOPTION OF COMMISSION RESOLUTION NO. 4475 OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING COST OF MAINTENANCE AND ELECTRICAL CURRENT FOR SPECIAL IMPROVEMENT LIGHTING MAINTENANCE DISTRICTS OF THE CITY OF BOZEMAN FOR THE FISCAL YEAR BEGINNING JULY 1, 2013, AND ENDING JUNE 30, 2014. NOTICE IS HEREBY GIVEN that a regular session of the Commission of the City of Bozeman will be held on the 16th day of September 2013; Commission Resolution No. 4475 will be passed and approved. Said Resolution levies and assesses a special assessment upon all the property in Special Improvement Lighting Maintenance Districts of said City to defray the estimated cost of maintenance and electrical current for each of said Districts, pursuant to provisions of Section 7-12-4332, M.C.A. The portion of such cost assessed is 100 percent. That said Special Improvement Districts and the Resolutions creating the same, and the amount of the assessments are located online at www.bozeman.net or at the Clerk’s Office located at City Hall, 121 North Rouse. NOTICE IS FURTHER GIVEN that said Commission Resolution No. 4475 is now on file in the office of the City Clerk, Municipal Building, Bozeman, Montana, and subject to inspection of all persons interested for a period of five (5) days; that on the 23rd day of September 2013, at 6:00 p.m. of said day at a regular session of the City Commission, to be held in the Commission Room, City Hall, 121 N Rouse Ave, has been designated as the time and place when and where said Commission will hear and pass upon any and all objections that may be made to the final passage and approval of said Commission Resolution No. 4475. Reference is made to the Commission Resolutions creating the Special Improvement Lighting Districts above enumerated, which Resolutions are on file in the office of said City Clerk subject to public inspection during regular office hours. Dated this 6th day of September, 2013. _______________________________________ STACY ULMEN, CMC City Clerk Legal Ad Publish: Sunday, September 15, 2013 Wednesday, September 28, 2013 Stacy Ulmen, CMC Bozeman City Clerk 164