HomeMy WebLinkAbout10. Res 4547 SILD 722
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission FROM: Laurae Clark, Treasurer
Carol Neibauer, Assistant Treasurer
Anna Rosenberry, Administrative Services Director
SUBJECT: Resolution #4547 / Creation of Special Improvement Lighting District #722 for Amended Plat Meadow Creek Subdivision Phase 1, Lots 8-15,
Block 5 & Lots 14-18, Block 9
.
MEETING DATE: November 10, 2014
AGENDA ITEM TYPE: Action
RECOMMENDATION: Approve Commission Resolution No. 4547/Creation of Special
Improvement Lighting District #722 for the Amended Plat of Meadow Creek Subdivision Phase
1, Lots 8-15, Block 5 & Lots 14-18, Block 9.
SUGGESTED MOTION: Motion to approve Commission Resolution No. 4547 which creates
a Special Improvement Lighting District #722 for the Amended Plat of Meadow Creek
Subdivision Phase 1, Lots 8-15, Block 5 & Lots 14-18, Block 9.
BACKGROUND: The Commission did on October 13, 2014 approve Commission Resolution No. 4546/Intent to create Special Improvement Lighting District #722 for the
Amended Plat of Meadow Creek Subdivision Phase 1, Lots 8-15, Block 5 & Lots 14-18, Block 9
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 $26.79 per acre
within the district or $195.60 annually for the entire district.
Attachments: Resolution No. 4547
Report compiled on: September 30, 2014
97
COMMISSION RESOLUTION NO. 4547
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
RELATING TO LIGHTING DISTRICT NO. 722 (AMENDED PLAT MEADOW CREEK SUBDIVISION PHASE 1, LOTS 8-15, BLOCK 5 & LOTS 14-18, BLOCK 9); 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 October 13, 2014, adopted
Resolution No. 4546 (the “Resolution of Intention”), pursuant to which this Commission declared its
intention to create a special lighting district, designated as Special Lighting District No. 722 (Amended Plat
Meadow Creek Subdivision PH 1, Lots 8-15, Block 5 & Lots 14-18, Block 9) 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 November 10, 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.
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.
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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. 722 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 10th
day of November, 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. 4547.
entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO LIGHTING DISTRICT 722 (AMENDED PLAT MEADOW CREEK
SUBDIVISON PHASE 1, LOTS 8-15, BLOCK 5 & LOTS 14-18, BLOCK 9); 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. 4547 (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 November 10, 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 11th day of November, 2014.
____________________________________
STACY ULMEN, CMC
City Clerk
100
120101
Owner:Meadow Creek Partners, LLC
1627 W Main St #232, Bozeman, MT 59715
ACCT #BLOCK LOT SQ FT
3204 S 26th Ave 1 1 7836
3210 S 26th Ave 1 2 7312
3222 S 26th Ave 1 3 6869
3230 S 26th Ave 1 4 7607
3238 S 26th Ave 1 5 7885
3244 S 26th Ave 1 6 7881
3258 S 26th Ave 1 7 8247
3266 S 26th Ave 1 8 7998
3274 S 26th Ave 1 9 7889
3288 S 26th Ave 1 10 9584
3205 S 26th Ave 2 1 7852
3213 S 26th Ave 2 2 6875
3221 S 26th Ave 2 3 6747
3229 S 26th Ave 2 4 6724
3237 S 26th Ave 2 5 6701
3241 S 26th Ave 2 6 6677
3253 S 26th Ave 2 7 6665
3261 S 26th Ave 2 8 6824
3273 S 26th Ave 2 9 6799
3285 S 26th Ave 2 10 6875
3291 S 26th Ave 2 11 6951
3297 S 26th Ave 2 12 7721
3302 S 26th Ave 3 1 9150
3312 S 26th Ave 3 2 7138
3320 S 26th Ave 3 3 6779
3334 S 26th Ave 3 4 7003
3348 S 26th Ave 3 5 7538
3356 S 26th Ave 3 6 9711
3368 S 26th Ave 3 7 11678
3372 S 26th Ave 3 8 12128
3305 S 26th Ave 4 1 7512
3311 S 26th Ave 4 2 6506
3319 S 26th Ave 4 3 6506
3323 S 26th Ave 4 4 6506
3335 S 26th Ave 4 5 6404
3343 S 26th Ave 4 6 6504
3359 S 26th Ave 4 7 6574
3365 S 26th Ave 4 8 7002
3373 S 26th Ave 4 9 6743
3381 S 26th Ave 4 10 7381
2680 Meah Ln 4 11 9726
2602 Meah Ln 4 12 8749
Total Square Footage 319757
Common Area: 29407 sq ft
ADDRESS
MEADOW CREEK SUBDIVISION, PH 1
Original Acct #
Amended Plat Lots 8-15, Blcok 5 & Lots 14-18, Block 9
Meadow Creek Subdivision Phase 1
121102