HomeMy WebLinkAboutA2. 4651 SILD 460
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission FROM: Carol Neibauer, Assistant Treasurer
Laurae Clark, Treasurer
Anna Rosenberry, Administrative Services Director
SUBJECT: Resolution #4651 / Modification of Special Improvement Lighting District #460 for N 7th Avenue
MEETING DATE: October 26, 2015
AGENDA ITEM TYPE: Action
RECOMMENDATION: Approve Commission Resolution No. 4651/Modification of Special Improvement Lighting District #460 for N 7th Avenue
BACKGROUND: The Commission did on October 5, 2015 approve Commission Resolution
No. 4647/Intent to modify Special Improvement Lighting District #460 for N 7th Avenue as per
MCA 7-12-4301. The property owners have been noticed of the public hearing on this date.
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 $1.90 per lineal
foot for the unmodified portion and $.76 per lineal foot annually for the modified portion that are using LED light fixtures.
ALTERNATIVES: As suggested by the City Commission.
Attachments: Resolution No. 4651 Report compiled on: October 13, 2015
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Page 1 of 4
COMMISSION RESOLUTION NO. 4651
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 460
(N 7TH AVENUE) MODIFYING 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 Modification. This Commission, on October 5, 2015, adopted Resolution
No. 4647 (the “Resolution of Modification”), pursuant to which this Commission declared its
intention to modify a special lighting district, designated as Special Lighting District No. 460 (N 7th
Avenue) 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 Modification was duly published,
posted and mailed in all respects in accordance with law, and on October 26, 2015, this Commission
conducted a public hearing on the modification 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 Modification (the “Protest Period”).
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Resolution 4651, Creation of SILD 460
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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 modified 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. 460 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 26th day of October, 2015.
___________________________
JEFFREY K. KRAUSS
ATTEST: Mayor
____________________________________
STACY ULMEN, CMC
City Clerk
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Resolution 4651, Creation of SILD 460
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APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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Resolution 4651, Creation of SILD 460
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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. 4651. entitled: A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT
LIGHTING DISTRICT 460 (N 7th AVENUE); MODIFYING 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. 4651 (the “Resolution”), on file in the original
records of the City in my legal custody; that the Resolution was duly modified by the City
Commission of the City at a meeting on October 26, 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 27th day of October 2015.
___________________________________
STACY ULMEN, CMC
City Clerk
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