HomeMy WebLinkAbout13 E- Packet 07-09-2007_Resolution 4039, Final Creation of Special Improve_13
C ommission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Deanna Shannon, Special Assessment/SID Accounting Clerk
Chris Kukulski, City Manager
SUBJECT: Resolution 4039, Special Improvement Lighting District #698 Alder Creek
Subdivision Phases 4 & 5
MEETING DATE: July 9, 2007
BACKGROUND: The attached resolution, Resolution 4039,
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
RECOMMENDATION: Adopt Commission Resolution No. 4039.
FISCAL EFFECTS: None
ALTERNATIVES: As suggested by the City Commission.
Respectfully submitted,
___________________________________ __________________________________
Deanna Shannon Chris A. Kukulski, City Manager
Special Assessment/SID Accounting Clerk
Attachment: Commission Resolution No. 4039
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COMMISSION RESOLUTION NO. 4039
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO LIGHTING DISTRICT NO. 698 (ALDER CREEK
SUBDIVISION, PHASE 4 & 5); 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”) of the City of Bozeman,
Montana (the “City”), as follows:
Section 1. Passage of Resolution of Intention. This Commission, on June 18, 2007, adopted
Resolution No. 4029 (the “Resolution of Intention”), pursuant to which this Commission declared its
intention to create a special lighting district, designated as Special Lighting District No. 698 (Alder Creek
Subdivision, Phase 4 & 5 ) 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 July 9, 2007, 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. 698 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.
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PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, this 9th
day of July 2007.
________________________________________
JEFF KRAUSS
ATTEST: Mayor
____________________________________
BRIT FONTENOT
City Clerk APPROVED AS TO FORM:
___________________________________
PAUL J. LUWE
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. 4039,
entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO LIGHTING DISTRICT 698 (ALDER CREEK SUBDIVISION PHASE
4 & 5); 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. 4039 (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 July 9, 2007 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 July 9, 2007.
____________________________________
BRIT FONTENOT
City Clerk
254