HomeMy WebLinkAboutResolution 4539, SILD 721 for Baxter Meadows West PH 3B_13
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Laurae Clark, Treasurer
Carol Neibauer, Assistant Treasurer
Anna Rosenberry, Administrative Services Director
SUBJECT: Resolution #4539 / Creation of Special Improvement Lighting District #721 for Baxter Meadows West PH 3B (Formerly known as The Knolls at Baxter West
Subdivision)
MEETING DATE: August 11, 2014
AGENDA ITEM TYPE: Action
RECOMMENDATION: Approve Commission Resolution No. 4539/Creation of Special Improvement Lighting District #721 for Baxter Meadows West PH 3B.
SUGGESTED MOTION: Motion to approve Commission Resolution No. 4539 which creates
a Special Improvement Lighting District #721 for Baxter Meadows West PH 3B.
BACKGROUND: The Commission did on July 21, 2014 approve Commission Resolution
No. 4538/Intent to create Special Improvement Lighting District #721 for Baxter Meadows West
PH 3B 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 $15.85 per acre within the district or $248.04 annually for the entire district.
Attachments: Resolution No. 4539
Report compiled on: July 23, 2014
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COMMISSION RESOLUTION NO. 4539
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO LIGHTING DISTRICT NO. 721 (BAXTER
MEADOWS WEST PHASE 3B); 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 July 21, 2014, adopted
Resolution No. 4538 (the “Resolution of Intention”), pursuant to which this Commission declared its
intention to create a special lighting district, designated as Special Lighting District No. 721 (Baxter
Meadows West PH 3B) 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 August 11, 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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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. 721 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, this 11th
day of August, 2014.
______________________________________
JEFFREY K KRAUSS ATTEST: Mayor
____________________________________
STACY ULMEN, CMC
City Clerk APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
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. 4539.
entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO LIGHTING DISTRICT 721 (BAXTER MEADOWS WEST PHASE
3B); 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. 4539
(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 August 11, 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 12th day of August, 2014.
____________________________________
STACY ULMEN, CMC
City Clerk
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