HomeMy WebLinkAboutApprove Resolution 4514 Creating SID 717 for Norton East Ranch Subdivision Phase IIA_13 Commission Memorandum
REPORT TO: Honorable Mayor and City Commission FROM: Laurae Clark, Treasurer
Anna Rosenberry, Administrative Services Director
SUBJECT: Resolution #4514, Creation of Special Improvement Lighting District #717 for Norton East Ranch Subdivision Phase IIA
MEETING DATE: March 3, 2014
AGENDA ITEM TYPE: Action
RECOMMENDATION: Approve Commission Resolution No. 4514, Creation of Special
Improvement Lighting District #717 for Norton East Ranch Subdivision Phase IIA.
BACKGROUND: The Commission did on February 10, 2014 approve Commission
Resolution No. 4509/Intent to create Special Improvement Lighting District #717 for Norton
East Ranch Subdivision Phase IIA 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 $798.29 per acre within the district or $2,802.00 annually for the entire district.
ALTERNATIVES: As suggested by the City Commission.
Attachments: Resolution No. 4514 Report compiled on: February 20, 2014
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Page 1 of 3
COMMISSION RESOLUTION NO. 4514
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT NO. 717 (NORTON EAST RANCH
SUBDIVISION PHASE IIA) 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 February 10, 2014, adopted Resolution
No. 4509 (the “Resolution of Intention”), pursuant to which this Commission declared its intention
to create a special lighting district, designated as Special Lighting District No. 717 (Norton East
Ranch Subdivision Phase IIA) 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 March 3, 2014, 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.
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Resolution 4514, Creation of SILD 717
Page 2 of 3
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. 717 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 APPROVED by the City Commission of the City of Bozeman, Montana,
this 3rd day of March, 2014.
___________________________
JEFFREY K. KRAUSS
ATTEST: Mayor
____________________________________
STACY ULMEN, CMC
City Clerk APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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Resolution 4514, Creation of SILD 717
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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. 4514. entitled: A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT 717 (NORTON
EAST RANCH SUBDIVISION PHASE IIA); 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. 4514 (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 March 3, 2014 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 3rd day of March, 2014.
___________________________________
STACY ULMEN, CMC
City Clerk
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MAY FLY STREET (60' R/W)STONE FLY DRIVE (60' R/W)NORTON EAST RANCH PHASE 1FALLON STREET (60' R/W)NORTON
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20' ALLEY NORTON EAST RANCH SUBDIVISION PHASE IIALOCATED IN SECTION 9, T2S, R5E, P.M., CITY OF BOZEMAN,GALLATIN COUNTY, MONTANALIGHTING EXHIBIT forHUFFINE LNPHASE IIAW BABCOCK STFALLON STCOTTONWOOD RD
FERGUSON AVE
BOZEMANNOT TO SCALEVICINITY MAPBASIS OF BEARINGBEARINGS SHOWN HEREON ARE RECORD,DERIVED FROM THE PLAT OF NORTON EASTRANCH SUBDIVISION PHASE 1, PLAT J-503.38
DRAGON FLY STREET (60' R/W)MAY FLY STREET (60' R/W)BULL FROG DRIVE (60' R/W)
STONE FLY DRIVE (60' R/W)
WATER LILY DRIVE (60' R/W)NORTON EAST RANCH PHASE 1NO
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NORTON EAST RANCH PHASE 1WEST BABCOCK STREET (90' R/W)OPEN SPACE ALAUREL PARKWAY (90' R/W)NORTON EAST RANCH PHASE IUNPLATTED UNPLATTEDUNPLATTED
POND LILY DRIVE (60' R/W)BASIS OF BEARINGBEARINGS SHOWN HEREON ARE RECORD,DERIVED FROM THE PLAT OF NORTON EASTRANCH SUBDIVISION PHASE 1, PLAT J-503.NORTON EAST RANCH SUBDIVISION PHASE IIALOCATED IN SECTION 9, T2S, R5E, P.M., CITY OF BOZEMAN,GALLATIN COUNTY, MONTANALIGHTING EXHIBIT forHUFFINE LNPHASE IIAW BABCOCK STFALLON STCOTTONWOOD RD
FERGUSON AVE
BOZEMANNOT TO SCALEVICINITY MAP39
Blocks 1 and 2 and adjoining Right of Way, 2.517 acres
Blocks 3 and 4 and adjoining Right of Way, 8.443 acres
Zone R-4
Norton East Ranch Subdivision Phase IIA
Owner: Norton Properties LLC
63026 Lower Meadow Dr #200
Bend, OR 97701
Two tracts of land located in Section 9, Township 2 South, Range 5 East, P.M.,
Gallatin County, City of Bozeman, Montana and more particulary described as:
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