HomeMy WebLinkAboutA3. Res 4616
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission FROM: Carol Neibauer, Assistant Treasurer
Laurae Clark, Treasurer
Anna Rosenberry, Administrative Services Director
SUBJECT: Resolution #4616 / Creation of Special Improvement Lighting District #727 for Southbridge Subdivision Phase IV-V
MEETING DATE: August 17, 2015
AGENDA ITEM TYPE: Action
RECOMMENDATION: Approve Commission Resolution No. 4616/Creation of Special Improvement Lighting District #727 for Southbridge Subdivision Phase IV-V
BACKGROUND: The Commission did on July 13, 2015 approve Commission Resolution
No. 4615/Intent to create Special Improvement Lighting District #727 for Southbridge
Subdivision Phase IV-V 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 $52.09 per acre within the district or $702.24 annually for the entire district.
ALTERNATIVES: As suggested by the City Commission.
Attachments: Resolution No. 4616 Report compiled on: June 24, 2015
213
Page 1 of 4
COMMISSION RESOLUTION NO. 4616
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO LIGHTING DISTRICT NO. 727 (SOUTHBRIDGE
SUBDIVISION IV-V) 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.
4615 (the “Resolution of Intention”), pursuant to which this Commission declared its intention to
create a special lighting district, designated as Special Lighting District No. 727 (Southbridge
Subdivision Phase IV-V) 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”).
214
Resolution 4616, Creation of SILD 727
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. 727 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
215
Resolution 4616, Creation of SILD 727
Page 3 of 4
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
216
Resolution 4616, Creation of SILD 727
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. 4616. entitled: A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT 727
(SOUTHBRIDGE SUBDIVISION PHASE IV-V); 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. 4616 (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
217
221
Common Open Space
Parkland
Lots
Right-of-Way
Total AC
Block 8 Lot Sq Ft
1 12,849
2 20,473
3 79,105
4 9,670
5 9,937
Block 9 1 6,692
2 5,577
3 5,809
4 5,809
5 5,556
6 5,559
7 5,190
8 5,162
9 5,041
10 5,076
11 6,209
12 6,221
13 5,082
14 5,313
15 5,598
16 5,577
17 5,577
18 5,577
19 5,809
20 5,809
21 5,577
22 6,692
Block 10 1 8,598
2 7,402
3 7,400
4 7,398
5 7,396
6 7,395
7 7,393
8 7,391
9 8,650
Bozeman, MT 59715
Acct #157470
Exibit B
Southbridge Subdivision Phase IV-V
Ownership:
Andy Holloran
202 N Tracy Ave
222
Block 11 1 8,640
2 7,380
3 7,380
4 7,380
5 7,380
6 7,380
7 7,380
8 7,380
9 7,380
10 7,380
11 7,380
12 7,380
13 11,408
Block 12 1 8,633
2 7,374
3 7,374
4 7,374
5 7,373
6 7,373
7 7,372
8 7,372
9 7,371
10 7,371
11 7,371
12 12,267
13 11,187
14 14,171
15 14,235
16 8,834
17 8,768
18 8,396
Total Assessable
Square Footage 587,013
223
3.313 AC
2.556 AC
11.939 AC
6.447 AC
24.255
224