HomeMy WebLinkAboutResolution 4711 Intent to Create SILD 732, Pine Meadows Subdivision x
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COMMISSION RESOLUTION NO. 4711
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO.
732 (PINE MEADOWS SUBDIVISION) DECLARING IT TO BE THE INTENTION OF
THE CITY COMMISSION TO CREATE 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(the "City"), Montana, as follows:
Section 1
Intention to Create District; Proposed Improvements. It is the intention of this Commission to
create and establish in the City under Montana Code Annotated, Title 7, Chapter 12, Part 43, as
amended, a special improvement lighting district to serve Pine Meadows Subdivision (the
"District")for the purpose of maintenance and energy costs. The district will pay the maintenance
and energy costs for one (1) 320-watt, Viento Large Luminaire which is an LED fixture, mounted on a
round tapered steel pole at 35 feet (minor arterial) and anchored on a base fabricated from commercial
quality hot rolled carbon steel plate (the "Fixtures"); at the locations shown on Exhibit A (the
"Improvements"). The light housing on the fixture is die-cast aluminum and is finished with a
moss green powder-coated finish. The poles are also finished with powder-coated moss green
paint. The initial monthly charges per fixture per month(the "Monthly Charge") are estimated as
follows: $16.13.
Section 2
Page 1 of 10
Resolution 4711,Intent to Create Lighting District 732
Number of District. The District, if the same shall be created and established, shall be known and
designated as Special Improvement Lighting District No.732 (Pine Meadows Subdivision) of the
City of Bozeman, Montana.
Section 3
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 4
Benefited Property. The District and territory included within the limits and boundaries described
in Section 3 and as shown on Exhibit A are hereby declared to
be the special lighting district and the territory which will benefit and be benefited by the
Improvements and will be assessed for the costs of the Improvements as described in Section 1.
The Improvements,in the opinion of this Commission, are of more than local and ordinary benefit.
The property included within said limits and boundaries is hereby declared to be the property
benefited by the Improvements.
Section 5
Assessment Methods. All properties within the District are to be assessed for a portion of the
maintenance and energy costs, as specified herein. The maintenance and energy costs shall be
assessed against the property in the District benefiting, based on the actual area method of
assessment described in Sections 7-12-4323, MCA, as particularly applied and set forth in this
Section 5. The annual maintenance and energy costs are estimated at $193.56, and shall be
assessed against each lot,tract or parcel of land in the District for that part of the costs that the area
of such lot,tract or parcel bears to the total area of all lots, tracts or parcels of land in the District,
exclusive of streets, avenues, and alleys. The total area of the District to be assessed is 3.44 acres,
Page 2 of 10
Resolution 4711,Intent to Create Lighting District 732
or 149,643 square feet, exclusive of parks and open space. The initial costs of the Improvements
per acre shall be $56.27 or$0.00129 per square foot annually.
Section 6
Payment of Assessments. Special assessments for the annual maintenance and energy costs are
estimated at $193.56,plus any increases, as may be permitted by the Public Service Commission,
and any additional authorized charges shall be levied each year against all properties in the District
and shall be payable in equal semiannual installments. The first year of special assessment billing
will include an additional amount not to exceed $500 for publication and mailing associated with
creation of the District which shall be assessed in the same manner as the Improvements resulting
in a cost not to exceed $201.62 per acre, or $0.00463 per square foot.
Section 7
Extraordinary Repair or Replacement. The maintenance and energy costs and assessments set
forth in Section 1 and 5 are based on normal conditions and do not cover charges for repair and/or
replacement. The City may make an additional charge to the District for costs of labor and actual
material costs for repairs and/or replacement of the fixtures for damage caused by third parties and
not paid by such third parties. The City will assess such costs and charges against the properties
in the District in the same manner as the other assessment is made.
Section 8
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. If the
Commission has,prior to the presentation of a petition or by a majority vote of the Commission to
discontinue the District,entered into any contract for the maintenance and operation of the lighting
Page 3 of 10
Resolution 4711, Intent to Create Lighting District 732
system, the maintenance and operation may not be discontinued until after the expiration of the
contract.
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 (August 29, 2016) written protest against the proposed maintenance and energy
costs, or against the extension or creation of the District or both, 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 August 8, 2016 in the Commission Room at City Hall, 121 N Rouse
Avenue.
Section 10
Notice of Passage of Resolution of Intention. 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 August 14, 2016 and August
21, 2016, 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.
Page 4 of 10
Resolution 4711,Intent to Create Lighting District 732
PASSED AND APPROVED by the City Commission of the City of Bozeman,Montana,
at a regular session thereof held on the 8th of August,2016.
Q���ns\ —
CARSON TAYLOR
Mayor
ATTEST:
Y
ROBIN CROVGft'
City Clerk 'd o3 ,••�`
APPROVED AS TO FORM:
(I—ULLIVAN
City Attorney
Page 5 of 10
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Resolution 4711,Intent to Create Lighting District 732
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. 4711,entitled: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING
DISTRICT NO. 732 (PINE MEADOWS SUBDIVISION) DECLARING IT TO BE THE
INTENTION OF THE CITY COMMISSION TO CREATE 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."(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 August 8, 2016, 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: 0naA r��jA;,r_ L'oT IVL1,,j&
. V4VUA5 ; voted against the same: !g _; abstained from voting
thereon: 0; or were absent: L mr, O�*v U .
WITNESS my hand officially this 8th day of August, 2016.
,r • •�J.
Robin Crough .•`%' ;1 -{
City Clerk
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Resolution 4711,Intent to Create Lighting District 732
NOTICE OF PASSAGE OF RESOLUTION OF INTENTION
TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 732
(PINE MEADOWS SUBDIVISION) CITY OF BOZEMAN,MONTANA
NOTICE IS HEREBY GIVEN that on August 8, 2016, the City Commission (the
"Commission") of the City of Bozeman, Montana(the"City"), adopted a Resolution of Intention
No. 4711 to create Special Improvement Lighting District No. 732 (the"District")for the purpose
of maintaining lighting and assessing the cost for maintenance and energy to Pine Meadows
Subdivision, and paying maintenance and energy costs relating thereto.
A complete copy of the Resolution of Intention (the "Resolution") No. 4711 is on file
with the City Clerk which more specifically describes the nature of the costs, 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 and the amount of the initial
assessment accompanies this notice. The Resolution and accompanying exhibits may be also
viewed on the City's website at www.bozeman.net.
The district will pay the maintenance and energy costs for one (1) 320-watt,Viento Large
Luminaries which is an LED fixture,mounted on a round tapered steel pole at 35 feet(minor arterial)and
anchored on a base fabricated from commercial quality hot rolled carbon steel plate (the "Fixtures"); at
the locations shown on Exhibit A (the "Improvements"). The light housing on the fixture is die-
cast aluminum and is finished with a moss green powder-coated fmish. The poles are also finished
with powder-coated moss green paint. The initial monthly charges per fixture per month (the
"Monthly Charge") are estimated as follows: $16.13.
All properties in the District will be assessed for their proportionate share of the costs of
the Improvements on an "area basis" annually and will be payable in equal semiannual
installments. The annual costs of the Improvements are $193.56
per year for the entire District. The total area of the District to be assessed is 3.44 acres,or 149,643
square feet, exclusive of parks and open space. The initial costs of the Improvements per acre
Resolution 4711, Intent to Create Lighting District 732
shall be$56.27,or$0.00129 per square foot. On an average size lot of 6,805 square feet the annual
estimated cost would be $8.78, which is payable semiannually. The annual assessments for costs
of the Improvements may be increased as approved by the Public Service Commission and may
be increased to cover extraordinary expenses of repair and maintenance. The first year of special
assessment billing will include an additional amount not to exceed $500 for publication and
mailing associated with creation of the District which shall be assess in the same manner as the
Improvements resulting in a cost not to exceed$201.62 per acre, or $0.00463 per square foot.
On Monday, September 12th, 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.
Written protests against the creation or extension of the District and the costs may be
filed by an agent, person, firm or corporation owning real property within the proposed District
whose property is liable to be assessed for the costs. Such protests must be delivered to the City
Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana not later than 5:00 p.m., M.T., on
Monday, August 29, 2016.
Further information regarding the proposed District or other matters in respect thereof
may be obtained from the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana or by
telephone at (406) 582-2320.
DatePA gu 201A�'
BY ORDER OF THE CITY COMMISSION
OF THE CITY OF BOZEMAN, MONTANA
7 e e r m
l r CU
Robin Ci oug�i.
City Clerk
Resolution 4711,Intent to Create Lighting District 732
Legal Ad
Publication Dates: Sunday, August 14, 2016 & Sunday, August 21, 2016
Resolution 4711,Intent to Create Lighting District 732
COMMISSION RESOLUTION NO. 4711
Resolution of Intent to create SILD No. 732-for the purpose of maintaining lighting and
assessing the cost for maintenance and energy to Pine Meadows Subdivision, and paying
maintenance and energy costs relating thereto.
AFFIDAVIT OF MAILING
STATE OF MONTANA )
ss
County of Gallatin )
Robin Crough, City Clerk,being first duly sworn, says:
That I deposited a copy of the Notice in regards to the owners in Special Improvement
Lighting District No. 732, as listed in Exhibit "B", in the U.S. Post Office at Bozeman, Montana,
on Friday, August 12th, 2016, directed to the owners at the addresses shown on Exhibit "B".
F•B02
Robin Crough
City Clerk �� �
Subscribed and sworn before me this 12"' day of August, 2016. �fl•. 1883
�T j1v Co.
(Notarial Seal)
Printed name?eAq- ak%cv"
P�Mtchy� PEARL MICHALSON Notary Public for the State of Montana
' s0. Notary Public
y.NpTAR/q4.y- for the state of Montana
Residing at: Residing at: see seal
=:9 SEAI� 2e;` Bozeman, Montana
-,,' nny commission EXP�res: My Commission expires: see seal
''������`�P` March 10,2020
PINE MEADOW SUBDIVISION
Lot 7, Smith Subdivision
Owner: Joseph and Melissa Horner
Address: 419 N 22nd Ave, Bozeman, MT 59718
Lot Block Address Sq Ft
1 1 Valley Ave 6171
2 1 Valley Ave 6378
3 1 Valley Ave 6687
4 1 Valley Ave 6696
5 1 Valley Ave 6706
6 1 Valley Ave 6716
7 1 Valley Ave 6725
8 1 Valley Ave 6735
9 1 Valley Ave 6745
10 1 Valley Ave 6754
11 1 Valley Ave 6764
12 1 Valley Ave 8207
1 2 Valley Ave 6820
2 2 Valley Ave 6830
3 2 Valley Ave 6840
4 2 Valley Ave 6874
5 2 Valley Ave 7039
6 2 Valley Ave 33956
149643
Park 16,360
Open Space 4,620
Streets 4749
175372