HomeMy WebLinkAboutResolution 4651 Lighting District 460 Modifying the N. 7th Ave. District i
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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 7T"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.
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BE IT RESOLVED by the City Commission(the"Commission") of the City of
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Bozeman, Montana(the"City"), as follows:
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Section 1 f
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
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intention to modify a special lighting district,designated as Special Lighting District No.460(N 7"' i
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 I
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generally therein (the "Improvements") and paying costs incidental thereto, including costs
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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 ofthe 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
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
Lightinp, 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 26t' day of October, 2015.
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ATTEST: 'e@ <-; °�' Ma M6�
S A LMEN;. IC1�% 't aP
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Resolution 4651, Creation of SILD 460
APPROVED AS TO FORM: ...
G�s r` IVAN
City Attorney
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Resolution 4651, Creation of SILD 460
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 71" 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 &m voting thereon: ; or were absent:
WITNESS my hand officially this 271 day of October 2015.
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EXHIBIT A
A SPECIAL IMPROVEMENT LIGHTING DISTRICT TO SERVE THE N.71h AVENUE BETWEEN A POINT 140 FEET NORTH
OF MAIN STREET TO THE NORTHERN EDGE OF THE OAK STREET RIGHT-OF-WAY AND ADJACENT STREETS EAST
AND WEST OF SIDE N.7th AVENUE FOR A DISTANCE OF 115 FEET EITHER SIDE OF N.7th AVENUE
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LEGEND:
® NEW E1 215 W LED FIXTURE ON SIGNAL(45'HEIGHT) � d W OAK ST
NEIN E2 135 W LED FIXTURE ON SIGNAL 2S POLE �~
EXIST.20OW HPS FIXTURE ON 30'POLE
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PARCEL LINES IMPORTED AND SCALED - --
(BEST FIT)FROM MONTANA STATE �
CADASTRAL GIS DATA. W.B
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W.JUN P@@IFIE--p4R 10 OF SILD
E1 LUMINAIRES(L D)=4EA
E2 LUMINAIRE (L D)=41EA
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- — — a — UNMODI.FIED P RTiQN OF SILD
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MORRTC�OnT Eryfnee,a 28u0Techndo9ymyd,W, 0—BY:JCH NORTH 7th AVENUE FRD3ECTNO,
1S 1\ su.esyors 13-�manMT59718 cHK'O.BY:KOJ LIGHTING IMPROVEMENTS 0417.063
sc;emx�s B07FMAN M7
MAIERLE INC. P,a�,=e� Fax:(06)92-67021 APPR.BN ROJ t
Fax:(408)922-0702 DATE:0812015 FIGURE NUMBER i
An tin=piGyee OnmedCanp-y SILD 460-MODIFICATION
COPVNGF1TB110PAISONt1VEFRELCC.RMS EX. A
N:10417M:AACAD1Exhib11s1SIL0 PHASE 2 ExhlbB.dng Plotted by keNn Jacobsen on Aug11212015 1209
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