HomeMy WebLinkAboutResolution 5198 Intent to Dissolve Special Improvement Lighting District 706 West Winds Subdivision Phase 4Page 1 of 7
RESOLUTION 5198
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO.
706 (PHASE 4 OF WEST WINDS); DECLARING IT TO BE THE INTENTION OF THE
CITY COMMISSION TO DISSOLVE THE DISTRICT CONDITIONAL ON APPROVAL
OF RESOLUTION NO. 5171 TO MODIFY SPECIAL IMPROVEMENT DISTRICT 720,
(PHASES 6-8) TO INCLUDE WEST WINDS PHASE 4.
WHEREAS, the City Commission created Special Improvement District No. 706
(“SILD 706” or “the district”) on August 25, 2008 by Resolution No. 4120 for the purpose of
assessing the costs for maintenance and energy for Phase 4 of West Winds Subdivision; and
WHEREAS, the Resolution of Intention to create SILD No. 706, Resolution No. 4118,
describes the boundaries of the District and the particulars of the Improvements to be undertaken;
and
WHEREAS, SILD No. 706 has not yet been assessed to the properties within West
Winds Phase 4; and
WHEREAS, the Bozeman City Commission desires to dissolve SILD No. 706 in order
to more effectively assess the properties benefitting from the improvements by combining it with
SILD No. 720 (West Winds Subdivision Phases, 6-8). These phases are adjacent to one another
and share lights and power sources.
NOW, THEREFORE, BE IT RESOLVED by the City Commission (the
“Commission”) of the City of Bozeman (the “City”), Montana, as follows:
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Resolution 5198, Intent to Dissolve Lighting District 706
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Section 1
Intention to Dissolve. It is the Intent of the Commission to dissolve SILD No. 706 conditional
upon approval of the Intent to Modify SILD No. 720.
Section 2
Boundaries of District. The limits and boundaries of the District are depicted on a map attached
as Exhibit A hereto (which is hereby incorporated herein and made a part hereof), which
boundaries are designated and confirmed as the boundaries of the District. A listing of each of the
properties in the District is shown on Exhibit B hereto (which is hereby incorporated herein and
made a part hereof).
Section 3
Discontinuation of District. If at any time after the initial term of the District a petition is presented
to the City Commission, signed by the owners or agents of more than three-fourths of the total
amount of property within the District, asking that the maintenance and operation of the special
lighting system and the furnishing of electrical current in the district be discontinued, or if a
majority of the City Commission votes to discontinue the District, the City Commission shall, by
resolution, provide for discontinuing the maintenance and operation of the lighting system.
Section 9
Public Hearing; Protests. At any time within fifteen (15) days from and after the date of the first
publication of the notice of the passage and approval of this resolution, any owner of real property
within the District subject to assessment and taxation for the cost and expense of maintenance and
energy may make and file with the City Clerk until 5:00 p.m., M.T., on the expiration date of said
15-day period (Monday, August 3, 2020) written protest against the proposed dissolution of the
District, and this Commission will at its next regular meeting after the expiration of the fifteen (15)
days in which such protests in writing can be made and filed, proceed to hear all such protests so
made and filed; which said regular meeting will be held on Tuesday, August 11, 2020 in the
Commission Room at City Hall, 121 N Rouse Avenue.
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Resolution 5198, Intent to Dissolve Lighting District 706
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Section 10
Notice of Passage of Resolution of Dissolution. The City Clerk is hereby authorized and directed
to publish or cause to be published a copy of a notice of the passage of this resolution in the
Bozeman Daily Chronicle, a newspaper of general circulation in the county on July 19, 2020 and
July 26, 2020, in the form and manner prescribed by law, and to mail or cause to be mailed a copy
of said notice to every person, firm, corporation, or the agent of such person, firm, or corporation
having real property within the District listed in his or her name upon the last completed assessment
roll for state, county, and school district taxes, at his last-known address, on or before the same
day such notice is first published.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 13th of July, 2020.
___________________________________
CHRIS MEHL Mayor
ATTEST:
____________________________________
MIKE MAAS City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN City Attorney
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Resolution 5198, Intent to Dissolve Lighting District 706
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.
5198, entitled: “THE RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT
NO. 706 (PHASE 4 OF WEST WINDS); DECLARING IT TO BE THE INTENTION OF THE
CITY COMMISSION TO DISSOLVE THE DISTRICT CONDITIONAL ON APPROVAL OF
RESOLUTION NO. 5171 TO MODIFY SPECIAL IMPROVEMENT DISTRICT 720, (PHASES
6-8) TO INCLUDE WEST WINDS PHASE 4.” (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 of Bozeman at a meeting on July 13, 2020, 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: Mehl, Andrus, Pomeroy, Cunningham, Wallner
__________________ ; voted against the same: N/A ___ ; abstained from voting
thereon: N/A ; or were absent: N/A .
WITNESS my hand officially this 14th day of July, 2020.
___________________________________
MIKE MAAS City Clerk
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Resolution 5198, Intent to Dissolve Lighting District 706
TO DISSOLVE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 706
(WEST WINDS SUBDIVISION PHASE 4) CONDITIONAL UPON APPROVAL OF THE
MODIFICATION OF SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 720
(WEST WINDS PHASE 6-8) TO INCLUDE PHASE 4.
CITY OF BOZEMAN, MONTANA
NOTICE IS HEREBY GIVEN that on July 13, 2020, the City Commission (the
“Commission”) of the City of Bozeman, Montana (the “City”), adopted a Resolution No. 5198 to
Dissolve Special Improvement Lighting District No. 706 (the “District”) for the purpose of
maintaining lighting and assessing the cost for maintenance and energy to West Winds Subdivision
Phase 4, and paying maintenance and energy costs relating thereto, conditional upon approval of
Resolution No. 5171 to Modify Special Improvement Lighting District No. 720 (West Winds 6-8)
to include Phase 4.
A complete copy of the Resolution of Dissolution (the “Resolution”) No. 5198 is on file
with the City Clerk which more specifically describes the nature of the boundaries and the area
included in the District, the location of the Improvements and other matters pertaining thereto and
further particulars. A list of properties in the District accompanies this notice. The Resolution and
accompanying exhibits may be also viewed on the City’s website at www.bozeman.net.
On Tuesday, August 11, 2020, at 6:00 p.m., in the Commission Room at City Hall
121 N Rouse Ave, Bozeman, Montana, the City Commission will conduct a public hearing to
hear and pass upon all written protests against the creation or extension of the District, or
the Improvements. Due to the City’s Declaration of Emergency for the Covid-19 Pandemic,
this meeting may be held online using Webex or other technology.
Written protests against the dissolution of the District may be filed by an agent, person,
firm or corporation owning real property within the proposed District whose property is liable to
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