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Home My WebLink AboutA2. Resolution 4632, SILD 729 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Carol Neibauer, Assistant Treasurer Laurae Clark, Treasurer Anna Rosenberry, Administrative Services Director SUBJECT: Resolution #4632 / Creation of Special Improvement Lighting District #729 for The Lakes at Valley West Subdivision, Phases 1 & 2 Durston Rd MEETING DATE: September 14, 2015 AGENDA ITEM TYPE: Action RECOMMENDATION: Approve Commission Resolution No. 4632/Creation of Special Improvement Lighting District #729 for The Lakes at Valley West Subdivision, Phases 1 & 2 Durston Rd. BACKGROUND: The Commission did on July 13, 2015 approve Commission Resolution No. 4615/Intent to create Special Improvement Lighting District #729 for The Lakes at Valley West Subdivision, Phases 1 & 2 Durston Rd 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 $11.32 per acre within the district or $1,176.31 annually for the entire district. ALTERNATIVES: As suggested by the City Commission. Attachments: Resolution No. 4632 Report compiled on: August 5 , 2015 136 Page 1 of 4 COMMISSION RESOLUTION NO. 4632 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT NO. 729 (THE LAKES AT VALLEY WEST SUBDIVISION PHASES 1 & 2 DURSTON RD) 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 August 17, 2015, adopted Resolution No. 4631 (the “Resolution of Intention”), pursuant to which this Commission declared its intention to create a special lighting district, designated as Special Lighting District No. 729 (The Lakes at Valley West Subdivision Phases 1 & 2 Durston Rd ) 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”). 137 Resolution 4632, Creation of SILD 729 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. 729 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 14th day of September 2015. ___________________________ JEFFREY K. KRAUSS ATTEST: Mayor ____________________________________ STACY ULMEN, CMC City Clerk 138 Resolution 4632, Creation of SILD 729 Page 3 of 4 APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 139 Resolution 4632, Creation of SILD 729 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. 4632. entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT 729 (THE LAKES AT VALLEY WEST SUBDIVISION, PHASES I & 2 DURSTON RD); 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. 4632 (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 September 14, 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 15th day of September 2015. ___________________________________ STACY ULMEN, CMC City Clerk 140 141 142 Tract Sq Ft Ownership: 1 1,798,563 The Lakes at Valley West Bozeman LLC, 4515 N 56th St, Phoenix, AZ 85018 2A 1,028,030 The Lakes at Valley West Bozeman LLC, 4515 N 56th St, Phoenix, AZ 85018 Bronken Park 1,701,469 City of Bozeman, PO Box 1230, Bozeman, MT 59715 Total Sq Ft 4,528,062 Acct #145930, #132700 & #118580 Exhibit B The Lakes at Valley West Phase 1 & 2 Durston Road 143 Total Assessable Square Footage - 145