HomeMy WebLinkAboutResolution 4640 Creation of the Arterial and Collector Special Street District U
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COMMISSION RESOLUTION NO. 4640
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, CREATING THE ARTERIAL AND COLLECTOR
STREET SPECIAL DISTRICT FOR THE PURPOSE OF FUNDING THE
CONSTRUCTION, IMPROVEMENTS, AND MAINTENANCE OF
TRANSPORTATION FACILITIES RELATED TO ARTERIALS AND
COLLECTOR STREETS.
BE IT RESOLVED by the City Commission of the City of Bozeman,Montana, as follows:
Section 1. Recitals.
WHEREAS, the City of Bozeman, Montana (the "City") is a self-governing municipality
organized and existing pursuant to its Charter and the laws of the State of Montana; and
WHEREAS, the Bozeman City Commission (the "Commission") is authorized by Montana
Code Annotated ("MCA") Title 7, Chapter 11, Part 10, to create special districts to serve the inhabitants
of the special district; and
WHEREAS, on June 22, 2015, upon notice, the Commission adopted Resolution 4603, a
Resolution of Intent to Create the Arterial and Streets Collector District for the purposes of funding
construction, improvements, and maintenance of transportation facilities related to arterial and collector
streets; and
WHEREAS, upon adoption of Resolution 4603 the Commission caused notice of passage of
Resolution 4603 to be published and mailed to property owners as required by law; and
WHEREAS, for 60 days after publishing notice, the Commission received protests from
property owners liable to be assessed for the costs of the District as required by law; and
WHEREAS, 743 protests were filed within the protest period and such protest represent
4.8% of the total estimated costs of the District in accordance with the method of assessment provided for
in the Resolution of Intent; and
WHEREAS,the Bozeman City Clerk published notice of a public hearing on this Resolution on
August 6, 19, and 23, 2015 in the Bozeman Daily Chronicle; and
WHEREAS, on August 31, 2015 the Commission conducted a public hearing to hear comment
on the creation of the District and evaluate submitted protests.
Section 2. Public Hearing; Protests. The Commission has conducted a public hearing and f'
considered protests submitted in against the creation of the District as well as support letters submitted by
property owners and determines such protests are insufficient to prevent the Commission from creating
1
Resolution 4640, Creation of Arterial and Collector Street Special District
the District.
Section 3. Creation of District. The City Commission determines the public convenience and
necessity, as stated in Resolution 4603, requires the creation of the District and as such hereby creates the
District in accordance with Resolution 4603. The findings and determinations made in the Resolution of
Intention are herby ratified and confirmed. A map and description of the boundaries of the District are
attached hereto as Exhibits A and B.
Section 4. Name of District. The District, if the same shall be created and established, shall be
known and designated as the Arterial and Collector Street Special District.
Section 5. Certificate of Establishment. The City Clerk is hereby directed to prepare and deliver
certified copies of this Resolution to the Gallatin County Clerk and Recorder and the Montana Secretary
of State. The City Clerk shall request the Montana Secretary of State issue a Certificate of Establishment
with all due haste certifying the District has been established according to the laws of the state of
Montana.
Section 6. Ratifier. All actions not inconsistent with the provisions of this Resolution heretofore
taken by the City and its employees with respect to the creation of the District are hereby in all respects
ratified, approve, and confirmed.
Section 7. Effective Date. This Resolution shall be in full force and effect from and after its date
of adoption.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 31"day of August,2015.
JE K. USS,Mayor
ATTEST:
i
STAG Ull N, CMC
City Clerk
I
APPR VV ,D AS T0,1FORM:.
G G S LIVAN
City Attorney
Page 2 of 2
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ARTERIAL AND COLLECTOR STREETS
SPECIAL DISTRICT '
Exhibit B
DISTRICT BOUNDARIES
The District boundary is described as the incorporated boundary of the City of Bozeman, Montana, in
accordance with City Commission municipal annexation resolutions and municipal annexation ordinances
filed in the Bozeman City Clerk's public records as well as all properties later annexed thereto. Parcels
within the boundary are the current parcels subject to City of Bozeman property taxes as shown in the tax
rolls of the Montana Department of Revenue and inclusive of those parcels that are exempt fi-om property
taxes except park land, common areas and greenways, open space lands, and parcels used as a public
street and alley right-of-ways as well as all parcels later annexed thereto.
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.
4640. entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, CREATING THE ARTERIAL AND COLLECTOR STREET SPECIAL DISTRICT
FOR THE PURPOSE OF FUNDING THE CONSTRUCTION, IMPROVEMENTS, AND
MAINTENANCE OF TRANSPORTATION FACILITIES RELATED TO ARTERIALS AND
COLLECTOR STREETS. 4640 (the "Resolution"), is 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 31, 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:
J J Pon g
voted against the same: ; abstained from voti ereon: ; or were absent:.
WITNESS my hand officially this 31St day of August 2015.
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