HomeMy WebLinkAboutResolution 4550, Modifications of SILD 714, Southbridge_14 Commission Memorandum
REPORT TO: Honorable Mayor and City Commission FROM: Laurae Clark, Treasurer
Carol Neibauer, Assistant Treasurer
Anna Rosenberry, Administrative Services Director
SUBJECT: Resolution #4550 / Modification of Special Improvement Lighting
District #714 for Southbridge Subdivision Phase I, IA, II & III
MEETING DATE: September 22, 2014
AGENDA ITEM TYPE: Action
RECOMMENDATION: Approve Commission Resolution No. 4550/Modification of Special Improvement Lighting District #714 for Southbridge Subdivision Phase I, IA, II & III
SUGGESTED MOTION: Motion to approve Commission Resolution No. 4550 which
modifies a Special Improvement Lighting District #714 for Southbridge Subdivision Phase I, IA,
II & III
BACKGROUND: The Commission did on August 25, 2014 approve Commission
Resolution No. 4549/Intent to modify Special Improvement Lighting District #714 for
Southbridge Subdivision Phase I, IA, II & III as per MCA 7-12-4301. The property owners have
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 modifying 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 $40.28 per acre within the district or $622.80 annually for the entire district.
Attachments: Resolution No. 4550
Report compiled on: September 9, 2014
171
COMMISSION RESOLUTION NO. 4550
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT NO. 714 (SOUTHBRIDGE PHASE I,
IA, II & III) MODIFYING 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 August 25, 2014, adopted Resolution No.
4549 (the “Resolution of Intention”), pursuant to which this Commission declared its intention to
modify a special lighting district, designated as Special Lighting District No. 714 (Southbridge Phase
I) to include Southbridge Phases I, IA, II & III 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 September 22, 2014, this
Commission conducted a public hearing on the modification 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.
Page 1 of 3
172
Resolution 4550, Modification of SILD 714
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.
PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana,
this 22nd day of September, 2014.
__________________________________
JEFFREY K. KRAUSS
ATTEST: Mayor
____________________________________
STACY ULMEN, CMC
City Clerk APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
Page 2 of 3
173
Resolution 4550, Modification of SILD 714
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.
4550, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT NO. 714
(SOUTHBRIDGE PHASE I, IA, II & III) MODIFYING 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. 4550 (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 September 22, 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 23rd day of September, 2014.
___________________________________
STACY ULMEN, CMC
City Clerk
Page 3 of 3
174