HomeMy WebLinkAboutA2. Res 4613
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission FROM: Carol Neibauer, Assistant Treasurer
Laurae Clark, Treasurer
Anna Rosenberry, Administrative Services Director
SUBJECT: Resolution #4613 / Creation of Special Improvement Lighting District #726 for Westbrook Subdivision
MEETING DATE: August 17, 2015
AGENDA ITEM TYPE: Action
RECOMMENDATION: Approve Commission Resolution No. 4613/Creation of Special Improvement Lighting District #726 for Westbrook Subdivision
BACKGROUND: The Commission did on July 13, 2015 approve Commission Resolution
No. 4612/Intent to create Special Improvement Lighting District #726 for Westbrook
Subdivision 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 $20.33 per acre within the district or $634.68 annually for the entire district.
ALTERNATIVES: As suggested by the City Commission.
Attachments: Resolution No. 4613 Report compiled on: June 18, 2015
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Page 1 of 4
COMMISSION RESOLUTION NO. 4613
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO LIGHTING DISTRICT NO. 726 (WESTBROOK
SUBDIVISION) 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 13, 2015, adopted Resolution No.
4612 (the “Resolution of Intention”), pursuant to which this Commission declared its intention to
create a special lighting district, designated as Special Lighting District No. 726 (Westbrook
Subdivision) 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 17, 2015, 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”).
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Resolution 4613, Creation of SILD 726
Page 2 of 4
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. 726 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 17th day of August 2015.
___________________________
JEFFREY K. KRAUSS
ATTEST: Mayor
____________________________________
STACY ULMEN, CMC
City Clerk
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Resolution 4613, Creation of SILD 726
Page 3 of 4
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
203
Resolution 4613, Creation of SILD 726
Page 4 of 4
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. 4613. entitled: A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT 726
(WESTBROOK SUBDIVISION); 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. 4613 (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 17, 2015 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 18th day of August 2015.
___________________________________
STACY ULMEN, CMC
City Clerk
204
205
206
207
208
209
210
Block 1 Lot Sq Ft
1 8008
2 7554
3 7537
4 7521
5 7504
6 7487
7 7273
8 7262
9 7260
10 7909
11 11,504
12 12,903
Block 2 1 9113
2 6685
3 7125
4 5805
5 7125
6 6685
7 6687
8 7125
9 6241
10 6641
11 7700
12 6685
13 6685
14 6687
15 6224
16 6226
17 6226
18 6226
19 6226
20 8573
Block 3 1 8573
2 6600
3 6600
4 6600
Bozeman, MT 59718
Acct #157470
Exibit B
Westbrook Subdivision
Ownership:
Four Corners Construction LLC
125 Central Ave Ste 1A
211
5 6596
6 6796
7 6796
8 6796
9 7700
10 7645
11 6795
12 6796
13 6796
14 7524
15 7533
16 7533
17 9543
Block 4 5 6622
6 6813
7 6813
8 6813
9 7638
10 7638
11 6813
12 6813
13 8209
Block 5 1 14,988
2 11,224
3 12,587
4 24,887
R-1 872,526
Total Assessable
Square Footage 1,360,018.00
212