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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